| 11.2 | Floodplain Protection Standards | |||
| The primary objective of floodplain protection standards is to preserve and maintain the natural floodplain in an undisturbed vegetated state in order to maintain flood storage capacity, control stormwater, improve water quality and conserve plant and wildlife habitat. | ||||
| 11.2.1 | Development Prohibited in the Floodway and Floodway Fringe | |||
| Development and land disturbing activity within the floodway and floodway fringe shall be prohibited, except as provided by Section 11.2.2, Development Allowed in the Floodway and Floodway Fringe or allowed pursuant to a variance approved by the Board of Adjustment in accordance with Section 16, Variances and Interpretations and Section 11.8, Variances. | ||||
| 11.2.2 | Development Allowed in the Floodway and Floodway Fringe | |||
| 1. | Land in the floodway and floodway fringe may be used for the following purposes, provided that such uses are designed and constructed to minimize clearing, grading, erosion and water quality degradation. | |||
| a. | Crossings by streets, driveways, culverts and railroads; | |||
| b. | Active and passive recreational activities; | |||
| c. | Intakes, docks, utilities (including water and wastewater treatment, stormwater control and sedimentation and erosion control facilities), bridges, other public facilities and water-dependent structures; | |||
| d. | Wetlands constructed or restored for mitigation purposes; and | |||
| Land within the floodway and floodway fringe can serve to meet minimum lot size requirements if there is sufficient buildable area remaining on the tract. | ||||
| 2. | Land in the floodway fringe may be used for up to 25 percent of the parking required for the development on the tract. However, no more than 1/3 of the floodway fringe land on any development tract shall be used for parking. Parking in the floodway fringe shall require Major Site Plan approval from the governing board. In considering the Major Site Plan, the Development Review Board and the governing board shall consider whether the proposed parking on the site is designed and arranged to minimize adverse environmental impact from placement of parking in the floodway fringe; and whether the proposed development would result in significant degradation of water quality, loss of significant wetlands, increase in sedimentation and erosion, increase in stormwater runoff, loss of significant plant and wildlife habitat or threats to public safety. | |||
| 3. | Streets and driveways may run generally within and parallel to the stream in the floodway and floodway fringe only where no other access to the property is feasible. | |||
| 4. | In order to allow design flexibility to achieve higher quality site design and better utilization of the land adjacent to the floodway fringe, a property owner or developer may fill and/or use for development up to 10 percent of the floodway fringe area contained within the boundaries of any development site provided that the Development Review Board finds that: | |||
| a. | The proposed fill and/or development provides for a higher quality site design and better utilization of land adjacent to the floodway fringe than would be possible without intrusion into the floodway fringe area; and | |||
| b. | The proposed fill and/or development represents the minimum amount of floodway fringe intrusion to achieve the high quality design. | |||
| Public and private Roads and sidewalks shall not count toward the allowable 10 percent of the floodway fringe on a tract that can be filled and/or used for development in accordance with Section 11.2.2 (4). | ||||
| 5. | Any uses, development or land disturbing activity allowed by Section 11.2, Floodplain Protection Standards shall be conducted in accordance with the requirements of the most recently updated Durham, NC City Flood Damage Protection Ordinance or the Durham, NC County Flood Damage Protection Ordinance, as applicable. | |||
| 11.2.3 | Density Credits | |||
| The amount of land in the floodway fringe may be credited for residential density on land adjacent to the floodplain at a rate of 100 percent of that allowed by the zoning. The amount of land in the floodway may be credited for residential density on land adjacent to the floodplain within the same project at a rate of 75 percent of that allowed by the zoning. The approving authority shall determine the amount of land in the floodway and floodway fringe that may be credited for residential density on adjacent land and shall consider adopted land use plans, location in a transit corridor, environmental features, stormwater controls and other relevant features. | ||||
| 11.2.4 | Coordination with Flood Damage Protection Ordinances | |||
| The Board of Adjustment may grant variances to the requirements of Section 11.2, Floodplain Protection Standards in accordance with the provisions of Section 11.8, Variances and Section 16, Variances and Interpretations by the Board of Adjustment. However, the Board of Adjustment is not authorized to grant variances to the requirements of the Durham, NC City Flood Damage Protection Ordinance or the Durham, NC County Flood Damage Protection Ordinance. Exceptions to the provisions of the Durham, NC City Flood Damage Protection Ordinance shall be considered in accordance with the provisions of its Section 6-315, Procedures For Determining Exceptions to the Requirements. Exceptions to the provisions of the Durham, NC County Flood Damage Protection Ordinance shall be considered in accordance with the provisions of its Section 6-115, Procedures For Determining Exceptions to the Requirements | ||||
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