§ 24-129. One hundred (100) year floodplain.

(a)

Land shall be platted in a manner that protects the public against loss of life or property due to the one hundred (100) year flood, while minimizing the public and private costs of flood control measures. The Planning Board shall require that proposed subdivisions conform to the following:

(1)

Except as provided in Paragraphs (2) and (3), lots shall comply with the minimum net lot areas prescribed by the Zoning Ordinance, exclusive of any land area within the one hundred (100) year floodplain.

(2)

In the R-A and O-S Zones, where any lot contains a floodplain area, there shall be a minimum of forty thousand (40,000) contiguous square feet of area exclusive of any land within the one hundred (100) year floodplain.

(3)

In the R-E Zone, and in the R-R Zone for the purposes of compliance with Section 24-128(b)(1)(B), any area of a lot in excess of twenty thousand (20,000) contiguous square feet may be in the one hundred (100) year floodplain provided that such lot is to be served by a public water and sewerage system, and is in water and sewer service area category one, two, or three at the time of approval of the final plat of subdivision.

(4)

The floodplain areas shall be delineated in accordance with Section 27-124.01 of Subtitle 27 of this Code.

(5)

A twenty-five (25) foot setback from the floodplain shall be established for residences as a building restriction line.

(6)

In the event that the proposed subdivision is located partially or fully within an area covered by an officially adopted comprehensive watershed management plan, the Planning Board shall require conformity to such plan.

(b)

In the case of a proposed subdivision which includes a one hundred (100) year floodplain area along a stream, unless such area is to become a public park or recreation area maintained by a designated responsible public authority, the area shall be denoted upon the final plat as a floodplain easement. Such easement shall include provisions for ingress and egress, where practicable. The floodplain easement area may be used, if necessary, for utility lines and/or storm drainage facilities, open-type fencing, or passive recreation, provided that no structures are built that would interfere with the flood conveyance capacity of such easement area.

(c)

The floodplain associated with a watercourse having less than fifty (50) acres of watershed upstream may be excluded from the floodplain area computation, subject to the approval of the Department of the Environment in accordance with the provisions of Subtitle 4 of this Code.

(CB-48-1981; CB-36-1983; CB-104-1984; CB-83-1987; CB-85-1996; CB-104-2012; CB-31-2014)