Land Development Ordinance - Amended 9-2-2025

(4) Non-Regulated FEMA Floodplain . Where development or impact is proposed that does not include FEMA regulated floodplains, the property owner/developer shall be required to develop outside the boundaries of the flood hazard soils in accordance with Wake County Soil maps or prepare a flood study as part of a development or impact plan.

(5) Town Approval . The Town will not approve construction drawings for a

development until all impacts to FEMA regulated floodplains and/or non-regulated floodplains have been mitigated through a flood study or the development avoids impacts to flood hazard soils completely.

o. Flood Hazard Soils & Flood Hazard Elevation Certification

Any property within the jurisdictional area of the Town of Fuquay-Varina that contains flood hazard soil areas shall comply with the provisions of Article I Environmental Protection §9-1402 Flood Hazard Soils and shall submit required documentation to the appropriate parties of the Town.

p. Hold Harmless Agreement

Where water and sewer infrastructure, which is/will be maintained by the Town of Fuquay-Varina, is installed under a parking lot, private street, or other impervious surface not within a public right-of-way, a hold harmless agreement shall be executed between the property owner/developer and the Town (Public Utilities Department) for the purpose of maintenance of the public water and/or sewer infrastructure.

(1) Execute Agreement . Prior to approval of a site plan or subdivision plan that

includes water and/or sewer infrastructure that will be located under a paved surface that is not public, the property owner/developer shall provide and execute a hold harmless agreement with the Public Utilities Director.

(2) Conditions of Agreement . The agreement shall identify the following criteria by which the Public Utilities Department will conduct any repair to the water and/or sewer infrastructure system owned and operated by the Town: A. Utility Easement . The property owner/developer shall provide a public utility easement for the sewer and/or water infrastructure that shall be part of a final plat for recording in accordance with the Town's Standard Specifications & Construction Details.

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