Land Development Ordinance - Amended 6-3-2024

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.

f.

Farm Pond on Bona Fide Farm

Development of farm ponds as part of a bona fide farm use in flood hazard soil locations shall either comply with the provisions above, as appropriate to the size of the drainage area, or shall comply with the following alternative requirements:

(1) Natural Conditions . Certification is required in accordance with c. Drainage Area of 5 or More but Less Than 25 Acres, (1) Natural Conditions above.

(2) Modified Conditions. Farm ponds shall be designed and constructed such that no offsite properties will experience an increase in flood elevations resulting from the 100-year storm event, unless the property is obtained or controlled through a recorded easement in favor of the party introducing the use. Any dam(s) must comply with all State and Federal laws regulations including the Dam Safety Law of 1967 (North Carolina General Statutes §143- 215.23 through §143-215.37).

g. Modification Provisions

(1) Field Investigation. Flood hazard soil boundaries may be modified by field investigation by a soil scientist. The report of the field investigation must conclude with a description of the actual soil horizons which were encountered on the site. These soils must be placed in a soil complex or major soil association as prescribed by the standards and guidelines of the American Registry of Certified Professionals in Agronomy, Crops, and Soils, or by the Town. (2) Flood Study. Where the property owner/developer initiates a flood study, whether required or not, the flood study shall supersede the existing flood hazard soils area, determined by the Wake County Soils Map, as a factor in determining the developable property. The flood study determination of floodway and flood fringe shall be the basis for addressing development impacts in compliance with this Section. Flood studies, prepared and certified by a design professional as appropriate for their licensing, may supersede existing flood hazard soil boundary designations when approved by the Town. Base flood elevation studies may be prepared only by licensed professional engineers.

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