Land Development Ordinance - Amended 6-3-2024

(2) Exemptions. The following improvements and development types are exempt from the flood hazard soils regulations of the Land Development Ordinance

A. Driveways are exempt from all flood hazard soil area regulations in this Section provided the conditions of this Section are met. Driveways are not exempt from applicable flood damage prevention regulations.

B. Development in flood hazard soil locations involving less than 5 acres of drainage area are exempt from all flood hazard soil area regulations in this section.

c. Drainage Area of 5 or More but Less Than 25 Acres

Development within flood hazard soils locations involving five (5) or more acres but less than 25 acres of drainage area shall be subject to the following standards:

(1) Natural Conditions. All relevant information related to development occurring adjacent to a flood hazard soils area but not encroaching into the area must be certified by a licensed professional land surveyor. The certification must be based on the Wake County Soils Map which will be adjusted to conform to the Wake County Topographic Maps. Alternatively, the certification may be based upon the results of field investigations, surveys and engineering studies conducted by appropriate professionals if found to be acceptable by the Department of Environmental Services. The licensed professional land surveyor must establish the limits of the flood hazard soil area based on the adjusted soils map and the proposed property lines. (2) Modified Conditions. Encroachments into a flood hazard soils area must be designed and certified by an appropriate design professional. The design must be based upon the establishment of a temporary or permanent benchmark and an analysis of the effects of the proposed encroachment to establish a base flood elevation or depth of flow, using Manning’s Equation, field surveyed cross -sections including channel slope, Wake County Topographic Maps, and, where appropriate, use of Culvert Headwater Charts. No benchmarks are required when establishing a depth of flow. A minimum of two (2) vertical feet must be added to the calculated base flood elevation or depth of flow to provide a factor of safety due to the potential backwater effects of the encroachment. The analysis must conclude that no existing or proposed structures or offsite properties will be inundated by the base flood. As-built certification of compliance with the construction drawings must be provided prior to receiving a footing inspection from the Town of Fuquay-Varina Inspections Department on any structures on any lots involved in the analysis. The as-built certification with the construction drawings is in addition to any elevation certifications which may be required for the structures.

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