FLOOD DAMAGE PREVENTION ORDINANCE
OF
Revised:
ARTICLE 1. STATUTORY AUTHORIZATION, FINDINGS OF
SECTION A. AUTHORIZATION
Article IX, Section II
of the Constitution of the State of Georgia and Section 36-1-20(a) of the
Official Code of Georgia Annotated have delegated the responsibility to local
governmental units to adopt regulations designed to promote the public health, safety,
and general welfare of its citizenry. Therefore, the BOARD OF COMMISSIONERS of
SECTION B. FINDINGS OF
(1) The
flood hazard areas of
(2) These
flood losses are caused by the occupancy in flood hazard areas of uses
vulnerable to floods, which are inadequately elevated, flood-proofed, or
otherwise unprotected from flood damages, and by the cumulative effect of
obstructions in floodplains causing increases in flood heights and velocities.
SECTION C. STATEMENT OF PURPOSE
It is the purpose of
this ordinance to promote the public health, safety and general welfare and to
minimize public and private losses due to flood conditions in specific areas by
provisions designed to:
(1) require that uses vulnerable
to floods, including facilities, which serve such uses, be protected against
flood damage at the time of initial construction;
(2) restrict or prohibit uses
which are dangerous to health, safety and property due to water or erosion
hazards, or which increase flood heights, velocities, or erosion;
(3) control filling, grading,
dredging and other development which may increase flood damage or erosion, and;
(4) prevent or regulate the
construction of flood barriers which will unnaturally divert flood waters or
which may increase flood hazards to other lands;
(5) control the alteration of
natural floodplains, stream channels, and natural protective barriers, which
are involved in the accommodation of floodwaters.
SECTION D. OBJECTIVES
The objectives of this
ordinance are:
(1) to
protect human life and health;
(2) to minimize damage to public
facilities and utilities such as water and gas mains, electric, telephone and
sewer lines, streets and bridges located in floodplains;
(3) to help maintain a stable
tax base by providing for the sound use and development of flood prone areas in
such a manner as to minimize flood blight areas,
(4) to minimize expenditure of
public money for costly flood control projects;
(5) to minimize the need for
rescue and relief efforts associated with flooding and generally undertaken at
the expense of the general public;
(6) to minimize prolonged
business interruptions, and;
(7) to insure that potential
homebuyers are notified that property is in a flood area.
ARTICLE 2. GENERAL PROVISIONS
SECTION A. LANDS TO WHICH THIS ORDINANCE APPLIES
SECTION B. BASIS FOR
The Areas of Special
Flood Hazard identified by the Federal Emergency Management Agency in its Flood
Insurance Study (FIS), dated ___________________, with accompanying maps and
other supporting data and any revision thereto, are adopted by reference and
declared a part of this ordinance.
For those land areas
acquired by a municipality through annexation, the current effective FIS dated
___________________,
with accompanying maps and other supporting data and any revision thereto, for
(*unincorporated county*) are hereby adopted by reference.
Areas of Special Flood
Hazard may also include those areas known to have flooded historically or
defined through standard engineering analysis by governmental agencies or
private parties but not yet incorporated in a FIS. (*Specifically identify*)
The Repository for
public inspection of the Flood Insurance Study (FIS), accompanying maps and
other supporting data is located: Office of the
SECTION C. ESTABLISHMENT OF DEVELOPMENT PERMIT
A Development Permit
shall be required in conformance with the provisions of this ordinance PRIOR to
the commencement of any Development activities.
SECTION D. COMPLIANCE
No structure or land
shall hereafter be located, extended, converted or altered without full
compliance with the terms of this ordinance and other applicable regulations.
SECTION E. ABROGATION
This ordinance is not
intended to repeal, abrogate, or impair any existing ordinance, easements,
covenants, or deed restrictions.
However, where this ordinance and another conflict or overlap, whichever
imposes the more stringent restrictions shall prevail.
SECTION F. INTERPRETATION
In the interpretation
and application of this ordinance all provisions shall be: (1) considered as minimum requirements; (2)
liberally construed in favor of the governing body, and; (3) deemed neither to
limit nor repeal any other powers granted under state statutes.
SECTION G. WARNING
The degree of flood
protection required by this ordinance is considered reasonable for regulatory
purposes and is based on scientific and engineering considerations. Larger floods can and will occur; flood
heights may be increased by man-made or natural causes. This ordinance does not imply that land
outside the Areas of Special Flood Hazard or uses permitted within such areas
will be free from flooding or flood damages. This ordinance shall not create
liability on the part of
SECTION H. PENALTIES FOR VIOLATION
Failure to comply with
the provisions of this ordinance or with any of its requirements, including
conditions and safeguards established in connection with grants of variance or
special exceptions shall constitute a violation. Any person who violates this ordinance or
fails to comply with any of its requirements shall, upon conviction thereof, be
fined not more than $1,000.00 or imprisoned for not more than 90 days, or both,
and in addition, shall pay all costs and expenses involved in the case. Each day such violation continues shall be
considered a separate offense. Nothing
herein contained shall prevent
ARTICLE 3. ADMINISTRATION
SECTION A. DESIGNATION OF ORDINANCE
ADMINISTRATOR
The
SECTION B. PERMIT PROCEDURES
Application for a
Development Permit shall be made to the County Administrator on forms furnished
by Evans County PRIOR to any development activities, and may include,
but not be limited to the following:
plans in duplicate drawn to scale showing the elevations of the area in
question and the nature, location, dimensions, of existing or proposed
structures, earthen fill placement, storage of materials or equipment, and
drainage facilities.
Specifically, the
following information is required:
(1) Application
Stage -
(a) Elevation in
relation to mean sea level (or highest adjacent grade) of the lowest floor, including
basement, of all proposed structures;
(b) Elevation in
relation to mean sea level to which any non-residential structure will be
flood-proofed;
(c) Design
certification from a registered professional engineer or architect that any
proposed non-residential flood-proofed structure will meet the flood-proofing
criteria of Article 4, Section B (2);
(d) Description of
the extent to which any watercourse will be altered or
relocated as a result of a proposed development, and;
(2) Construction
Stage -
For all new construction
and substantial improvements, the permit holder shall provide to the
Administrator an as-built certification of the regulatory floor elevation or
flood-proofing level immediately after the lowest floor or that flood proofing
is completed. Any lowest floor certification made relative to mean sea level
shall be prepared by or under the direct supervision of a registered land
surveyor or professional engineer and certified by same. When flood proofing is utilized for
non-residential structures, said certification shall be prepared by or under
the direct supervision of a professional engineer or architect and certified by
same.
Any work undertaken
prior to submission of these certifications shall be at the permit holder's
risk.
The
SECTION C. DUTIES
Duties of the
(1) Review
proposed development to assure that the permit requirements of this
ordinance have been satisfied.
(2) Review proposed development
to assure that all necessary permits have have been received from governmental
agencies from which approval is required by Federal or State law, including
section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33
U.S.C. 1334. Require that copies of such
permits be provided and maintained on file.
(3) Review
all permit applications to determine whether proposed building sites will be
reasonably safe from flooding.
(4) When Base Flood Elevation
data or floodway data have not been provided in accordance with Article 2
Section B, then the
(5) Review and record the actual
elevation in relation to mean sea level (or highest adjacent grade) of the
lowest floor, including basement, of all new or substantially improved
structures in accordance with Article 3, Section B (2).
(6) Review and record the actual
elevation, in relation to mean sea level to which any new or substantially
improved structures have been flood-proofed, in accordance with Article 3,
Section B (2).
(7) When
flood-proofing is utilized for a structure, the
require certification of
design criteria from a registered professional engineer or architect in
accordance with Article 3(B)(1)(c) and Article 4(B)(2) or (D)(2).
(8) Make substantial damage determinations
following a flood event or any other
event that causes
damage to structures in flood hazard areas.
(9) Notify adjacent communities
and the Georgia Department of Natural Resources prior to any alteration or
relocation of a watercourse and submit evidence of such notification to the
Federal Emergency Management Agency (FEMA).
(10) For any altered or relocated watercourse,
submit engineering data/analysis within six (6) months to the FEMA to ensure
accuracy of community flood maps through the Letter of Map Revision
process. Assure flood carrying capacity
of any altered or relocated watercourse is maintained.
(11) Where interpretation is needed
as to the exact location of boundaries of the Areas of Special Flood Hazard
(for example, where there appears to be a conflict between a mapped boundary
and actual field conditions) the
(12) All records pertaining to the
provisions of this ordinance shall be maintained in the office of the
ARTICLE 4. PROVISIONS FOR FLOOD HAZARD REDUCTION
SECTION A. GENERAL STANDARDS
In
(1) New construction and
substantial improvements of existing structures shall be anchored to prevent
flotation, collapse or lateral movement of the structure;
(2) New construction and
substantial improvements of existing structures shall be constructed with
materials and utility equipment resistant to flood damage;
(3) New construction or
substantial improvements of existing structures shall be constructed by methods
and practices that minimize flood damage;
(4) Elevated Buildings -
All New construction or substantial improvements of existing structures that
include ANY fully enclosed area located below the lowest floor formed by foundation
and other exterior walls shall be designed so as to be an unfinished or flood
resistant enclosure. The enclosure shall
be designed to equalize hydrostatic flood forces on exterior walls by allowing
for the automatic entry and exit of floodwater.
(a) Designs
for complying with this requirement must either be certified by a professional
engineer or architect or meet the following minimum criteria:
(i) Provide
a minimum of two openings having a total net area of not less than one square
inch for every square foot of enclosed area subject to flooding;
(ii) The bottom of all openings shall be no
higher than one foot above grade; and,
(iii) Openings
may be equipped with screens, louvers, valves or other coverings or devices
provided they permit the automatic flow of floodwater in both direction.
(b) So as not to violate the "Lowest
Floor" criteria of this ordinance, the unfinished or flood resistant
enclosure shall only be used for parking of vehicles, limited storage of
maintenance equipment used in connection with the premises, or entry to the
elevated area, and
(c) The interior portion of such enclosed
area shall not be partitioned or finished into separate rooms.
(5) All
heating and air conditioning equipment and components (including ductwork), all
electrical, ventilation, plumbing, and other service facilities shall be
designed and/or located so as to prevent water from entering or accumulating
within the components during conditions of flooding.
(6) Manufactured
homes shall be anchored to prevent flotation, collapse, or lateral
movement. Methods of anchoring may
include, but are not limited to, use of over-the-top or frame ties to ground
anchors. This standard shall be in
addition to and consistent with applicable State requirements for resisting
wind forces.
(7) New
and replacement water supply systems shall be designed to minimize or
eliminate infiltration
of flood waters into the system;
(8) New
and replacement sanitary sewage systems shall be designed to minimize or
eliminate infiltration
of flood waters into the systems and discharges from the systems into flood
waters;
(9) On-site
waste disposal systems shall be located and constructed to avoid impairment to
them or contamination from them during flooding, and;
(10) Any alteration, repair, reconstruction or
improvement to a structure, which is
not compliant with the provisions of this ordinance,
shall be undertaken only if the non- conformity is not furthered, extended or
replaced.
SECTION B. SPECIFIC STANDARDS
In
(1) New
construction and/or substantial improvements - Where base flood
elevation data are
available, new construction and/or substantial improvement of any structure or
manufactured home shall have the lowest floor, including basement, elevated no
lower than one foot above the base flood elevation. Should solid foundation perimeter walls be
used to elevate a structure, openings sufficient to facilitate equalization of
flood hydrostatic forces on both sides of exterior walls shall be provided in
accordance with standards of Article 4, Section A (4), "Elevated Buildings".
(a)
All
heating and air conditioning equipment and components (including
ductwork), all
electrical, ventilation, plumbing, and other service facilities shall be
elevated at or above one foot above the base flood elevation.
(2) Non-Residential
Construction - New construction and/or the substantial improvement of any
structure located in A1-30, AE, or AH zones, may be flood-proofed in lieu of
elevation. The structure, together with
attendant utility and sanitary facilities, must be designed to be water tight
to one foot above the base flood elevation, with walls
substantially impermeable to the passage of water, and structural components
having the capability of resisting hydrostatic and hydrodynamic loads and the
effect of buoyancy. A registered
professional engineer or architect shall certify that the design and methods of
construction are in accordance with accepted standards of practice for meeting
the provisions above, and shall provide such certification to the official as
set forth above and in Article 3, Section C. (6).
(3) Standards for
Manufactured Homes and Recreational Vehicles - Where base flood elevation
data are available:
(a) All
manufactured homes placed and/or substantially improved on: (1) individual lots
or parcels, (2) in new and/or substantially improved manufactured home parks or
subdivisions, (3) in expansions to existing manufactured home parks or
subdivisions, or (4) on a site in an existing manufactured home park or
subdivision where a manufactured home has incurred "substantial damage"
as the result of a flood, must have the lowest floor including basement,
elevated no lower than one foot above the base flood elevation.
(b) Manufactured
homes placed and/or substantially improved in an existing manufactured home
park or subdivision may be elevated so that either:
(i) The lowest floor of the manufactured
home is elevated no lower than one foot above the level of the
base flood elevation, or
(ii) The
manufactured home chassis is elevated and supported by reinforced piers (or
other foundation elements of at least an equivalent strength) of no less than
36 inches in height above grade.
(c) All manufactured
homes must be securely anchored to an adequately anchored foundation system to
resist flotation, collapse and lateral movement. (Ref. Article 4(A)(6) above)
(d) All recreational
vehicles placed on sites must either:
(i) Be on the site for fewer than 180 consecutive
days.
(ii) Be
fully licensed and ready for highway use,
(a recreational vehicle is ready for highway use if it is licensed, on
its wheels or jacking system, attached to the site only by quick disconnect
type utilities and security devices, and has no permanently attached structures
or additions), or
(iii) The recreational vehicle must meet all
the requirements for "New Construction", including the anchoring and
elevation requirements of Article 4, Section B (3)(a)(c), above.
(4). Floodway
- Located within Areas of Special Flood Hazard established in Article 2,
Section B, are areas designated as floodway.
A floodway may be an extremely hazardous area due to velocity
floodwaters, debris or erosion potential.
In addition, the area must remain free of encroachment in order to allow
for the discharge of the base flood without increased flood heights. Therefore, the following provisions shall
apply:
(a) Encroachments are prohibited, including
earthen fill, new construction, substantial improvements or other development
within the regulatory floodway.
Development may be permitted however, provided it is demonstrated
through hydrologic and hydraulic analyses performed in accordance with standard
engineering practice that the encroachment shall not result in any
increase in flood levels or floodway widths during a base flood discharge. A
registered professional engineer must provide supporting technical data and
certification thereof.
(b) ONLY if Article 4 (B)(4)(a) above is
satisfied, then any new construction or substantial improvement shall comply
with all other applicable flood hazard reduction provisions of Article 4.
SECTION C. BUILDING STANDARDS FOR STREAMS WITHOUT ESTABLISHED BASE FLOOD
ELEVATIONS
Located within the Areas
of Special Flood Hazard established in Article 2, Section B, where streams
exist but no base flood data have been provided (A-Zones), OR where base flood
data have been provided but a Floodway has not been delineated, the following
provisions apply:
(1)
When base flood elevation data or floodway data have not been provided
in
accordance with Article
2(B), then the local Administrator shall obtain, review, and reasonably utilize
any scientific or historic base flood elevation and floodway data available
from a Federal, State, or other source, in order to administer the provisions
of Article 4. ONLY if data are not
available from these sources, then the following provisions (2&3) shall
apply:
(2) No encroachments, including
structures or fill material, shall be located within an area equal to the width
of the stream or twenty feet, whichever is greater, measured from the top of
the stream bank, unless certification by a registered professional engineer is
provided demonstrating that such encroachment shall not result in more than a one
foot increase in flood levels during the occurrence of the base flood
discharge.
(3) In special flood hazard areas without
base flood elevation data, new construction and substantial improvements of
existing structures shall have the lowest floor of the lowest enclosed area
(including basement) elevated no less than three feet above the
highest adjacent grade at the building site.
(NOTE: Require the lowest floor
to be elevated one foot above the estimated base flood elevation in A-Zone
areas where a Limited Detail Study has been completed). Openings sufficient to facilitate the
unimpeded movements of floodwaters shall be provided in accordance with
standards of Article 4, Section A (4) "Elevated Buildings".
(a) All heating and air
conditioning equipment and components (including ductwork), all electrical,
ventilation, plumbing, and other service facilities shall be elevated no less
than three feet above the highest adjacent grade at the building
site.
The Administrator shall
certify the lowest floor elevation level, based upon the information given, and
the record shall become a permanent part of the permit file.
SECTION D. STANDARDS FOR AREAS OF SPECIAL FLOOD HAZARD
(ZONES AE) WITH ESTABLISHED BASE FLOOD ELEVATIONS WITHOUT DESIGNATED FLOODWAYS
Located within the Areas
of Special Flood Hazard established in Article 2, Section B, where streams with
base flood elevations are provided but no floodways have been designated,
(Zones AE) the following provisions apply:
1. No encroachments, including fill material,
new structures or substantial improvements shall be located within areas of
special flood hazard, unless certification by a registered professional
engineer is provided demonstrating that the cumulative effect of the proposed
development, when combined with all other existing and anticipated development,
will not increase the water surface elevation of the base flood more than one
foot at any point within the community.
The engineering certification should be supported by technical data that
conforms to standard hydraulic engineering principles.
2. New construction or substantial improvements
of buildings shall be elevated or flood-proofed to elevations established in
accordance with Article 4, Section B.
SECTION E. STANDARDS FOR
AREAS OF SHALLOW FLOODING (AO ZONES) -
Areas of Special Flood
Hazard established in Article 2, Section B, may include designated
"AO" shallow flooding areas.
These areas have base flood depths of one to three feet
above ground, with no clearly defined channel. The following provisions apply:
(1) All
new construction and substantial improvements of residential and
non-residential structures shall have the lowest floor, including basement,
elevated to the flood depth number specified on the Flood Insurance Rate Map (
The Administrator shall
certify the lowest floor elevation level, based upon the information given, and
the record shall become a permanent part of the permit file.
(2) New
construction or the substantial improvement of a non-residential structure may
be flood-proofed in lieu of elevation.
The structure, together with attendant utility and sanitary facilities,
must be designed to be water tight to the specified
(3) Drainage paths shall be
provided to guide floodwater around and away from any proposed structure.
SECTION F. STANDARDS FOR SUBDIVISIONS
(1) All
subdivision and/or development proposals shall be consistent with the need to
minimize flood damage;
(2) All subdivision and/or
development proposals shall have public utilities and facilities such as sewer,
gas, electrical and water systems located and constructed to minimize flood
damage;
(3) All subdivision
and/or development proposals shall have adequate drainage provided to reduce
exposure to flood hazards, and;
(1)
For
subdivisions and/or developments greater than fifty lots or five acres,
whichever is less, base
flood elevation data shall be provided for subdivision and all other proposed
development, including manufactured home parks and subdivisions. Any changes or revisions to the flood data
adopted herein and shown on the
SECTION G. STANDARDS
FOR CRITICAL FACILITIES
(4)
Critical
facilities shall not be located in the 100-year floodplain or the 500-year
floodplain.
(5)
All ingress and egress from any critical
facility must be protected to the 500-year flood elevation.
ARTICLE 5. VARIANCE PROCEDURES
(A) The
Appeals and Variance Board as established by the Evans County
(B) The board shall hear and
decide appeals when it is alleged an error in any requirement, decision, or
determination is made by the
(C) Any person aggrieved by the decision of
the Appeals and Variance Board may appeal such decision to the Superior Court
of Evans County, as provided in Section 5-4-1 of the Official Code of Georgia
Annotated.
(D) Variances may be issued for
the repair or rehabilitation of Historic Structures upon a determination that
the proposed repair or rehabilitation will not preclude the structure's
continued designation as a Historic Structure and the variance is the minimum
to preserve the historic character and design of the structure.
(E) Variances may be issued for
development necessary for the conduct of a functionally dependent use, provided
the criteria of this Article are met, no reasonable alternative exists, and the
development is protected by methods that minimize flood damage during the base
flood and create no additional threats to public safety.
(F) Variances
shall not be issued within any designated floodway if ANY increase in flood
levels during the base flood discharge would result.
(G) In
reviewing such requests, the Appeals and Variance Board shall consider all
technical evaluations, relevant factors, and all standards specified in this
and other sections of this ordinance.
(H) Conditions for Variances:
(1) A
variance shall be issued ONLY when there is:
(i) a finding of
good and sufficient cause,
(ii) a
determination that failure to grant the variance would result in
exceptional hardship,
and;
(iii) a
determination that the granting of a variance will not result in increased
flood heights, additional threats to public safety, extraordinary public
expense, create nuisance, cause fraud on or victimization of the public, or
conflict with existing local laws or ordinances.
(2) The
provisions of this Ordinance are minimum standards for flood loss reduction;
therefore any deviation from the standards must be weighed carefully. Variances shall only be issued upon a
determination that the variance is the minimum necessary, considering the flood
hazard, to afford relief; and, in the instance of an Historic Structure, a
determination that the variance is the minimum necessary so as not to destroy
the historic character and design of the building.
(3) Any applicant to
whom a variance is granted shall be given written notice specifying the
difference between the base flood elevation and the elevation of the proposed
lowest floor and stating that the cost of flood
insurance will be
commensurate with the increased risk to life and property resulting from the
reduced lowest floor elevation.
(4) The
(I) Upon
consideration of the factors listed above and the purposes of this ordinance,
the Appeals and Variance Board may attach such conditions to the granting of
variances as it deems necessary to further the purposes of this ordinance.
ARTICLE 6. DEFINITIONS
Unless specifically
defined below, words or phrases used in this ordinance shall be interpreted so
as to give them the meaning they have in common usage and to give this
ordinance its most reasonable application.
“Accessory Structure” means a structure having
minimal value and used for parking, storage and other non-habitable uses, such
as garages, carports, storage sheds, pole barns, hay sheds and the like.
"Addition (to an
existing building)" means any walled and roofed expansion to the
perimeter of a building in which the addition is connected by a common
load-bearing wall other than a firewall.
Any walled and roofed addition, which is connected by a firewall or is
separated by an independent perimeter load-bearing wall, shall be considered
"New Construction".
"Appeal" means a request for a
review of the
"Area of shallow
flooding"
means a designated AO or AH Zone on a community's Flood Insurance Rate Map (
"Area of special
flood hazard" is the land in the floodplain within a community subject to
a one percent or greater chance of flooding in any given year. In the absence
of official designation by the Federal Emergency Management Agency, Areas of
Special Flood Hazard shall be those designated by the local community and
referenced in Article 2, Section B.
"Base flood,” means the flood having
a one percent chance of being equaled or exceeded in any given year.
"Base Flood Elevation (BFE)" The elevation shown on the Flood Insurance
Rate Map for Zones AE, AH, A1-A30, AR, AR/A, AR/AE, AR/A1-A30, AR/AH, AR/AO,
V1-V30, and VE that indicates the water surface elevation resulting from a
flood that has a one percent chance of equaling or exceeding that level in any
given year.
"Basement" means that portion of a
building having its floor sub grade (below ground level) on all sides.
"Building,” means any structure
built for support, shelter, or enclosure for any occupancy or storage.
“Critical Facility” means any public or
private facility, which, if flooded, would create an added dimension to the
disaster or would increase the hazard to life and health. Critical facilities include:
(1)
structures
or facilities that produce, use, or store highly volatile, flammable,
explosive, toxic, or water-reactive materials;
(b)
hospitals
and nursing homes, and housing for the elderly, which are likely to contain
occupants who may not be sufficiently mobile to avoid the loss of life or
injury during flood and storm events;
(c)
emergency operation centers or data storage
centers which contain records or services that may become lost or inoperative
during flood and storm events; and
(d)
generating
plants, and other principal points of utility lines.
"Development" means any man-made
change to improved or unimproved real estate, including, but not limited to,
buildings or other structures, mining, dredging, filling, grading, paving,
excavating, drilling operations, and storage of materials or equipment.
"Elevated
building"
means a non-basement building built to have the lowest floor of the lowest
enclosed area elevated above the ground level by means of fill, solid
foundation perimeter walls, pilings, columns, piers, or shear walls adequately
anchored so as not to impair the structural integrity of the building during a
base flood event.
"Existing
construction”
means for the purposes of determining rates, structures for which the
"start of construction" commenced before
"Existing
"Expansion to an
existing manufactured home park or subdivision" means the preparation
of additional sites by the construction of facilities for servicing the lots on
which the manufactured homes are to be affixed, including the installation of
utilities, the construction of streets, and either final site grading or the
pouring of concrete pads.
"Flood" or "flooding" means a general and
temporary condition of partial or complete inundation of normally dry land
areas from:
(a.) the
overflow of inland or tidal waters; or
(b.) the
unusual and rapid accumulation or runoff of surface waters from any source.
"Flood Hazard
Boundary Map (FHBM)" means an official map of a community, issued by
the Federal Insurance Administration, where the boundaries of areas of special
flood hazard have been defined as Zone A.
"Flood Insurance
Rate Map (
"Flood Insurance
Study"
the official report by the Federal Insurance Administration evaluating flood
hazards and containing flood profiles and water surface elevations of the base
flood.
"Floodplain" means any land area
susceptible to flooding.
“Flood proofing,” means any combination
of structural and non-structural additions, changes, or adjustments to
structures, which reduce or eliminate flood damage to real estate or improved
real property, water and sanitary facilities, structures and their contents.
"Floodway" means the channel of a
river or other watercourse and the adjacent land areas that must be reserved in
order to discharge the base flood without cumulatively increasing the water
surface elevation more than a designated height.
“Freeboard” means a factor of
safety usually expressed in feet above a flood level for purposes of floodplain
management. “Freeboard” tends to
compensate for the many unknown factors that could contribute to flood heights
greater than the height calculated for a selected size flood and floodway
conditions, such as wave action, bridge openings, and the hydrological effect
of urbanization of the watershed.
"Highest adjacent
grade"
means the highest natural elevation of the ground surface, prior to
construction, adjacent to the proposed foundation of a building.
"Historic
Structure"
means any structure that is;
a. Listed individually in the National
Register of Historic Places (a listing maintained by the U.S. Department of
Interior) or preliminarily determined by the Secretary of the Interior as
meeting the requirements for individual listing on the National Register:
b. Certified
or preliminarily determined by the Secretary of the Interior as contributing to
the historical significance of a registered historic district or a district
preliminarily determined by the Secretary to qualify as a registered historic
district:
c. Individually
listed on a state inventory of historic places and determined as eligible by
states with historic preservation programs which have been approved by the
Secretary of the Interior; or
d. Individually listed on a local
inventory of historic places and determined as eligible by communities with
historic preservation programs that have been certified either:
1. By an
approved state program as determined by the Secretary of the Interior, or
2. Directly by the
Secretary of the Interior in states without approved programs.
Lowest floor means the lowest floor
of the lowest enclosed area, including basement. An unfinished or flood resistant enclosure,
used solely for parking of vehicles, building access, or storage, in an area
other than a basement, is not considered a building's lowest floor, provided
that such enclosure is not built so as to render the structure in violation of
other provisions of this code.
"Manufactured
home"
means a building, transportable in one or more sections, built on a permanent
chassis and designed to be used with or without a permanent foundation when
connected to the required utilities. The
term also includes park trailers, travel trailers, and similar transportable
structures placed on a site for 180 consecutive days or longer and intended to
be improved property.
"Manufactured home
park or subdivision" means a parcel (or contiguous parcels) of land
divided into two or more manufactured home lots for rent or sale.
"
"National Geodetic
Vertical Datum (NGVD)" as corrected in 1929 is a vertical control used
as a reference for establishing varying elevations within the floodplain.
"New construction” means, for the purposes
of determining insurance rates, structures for which the “start of
construction” commenced after
*"New manufactured
home park or subdivision" means a manufactured home park or subdivision
for which the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including at a minimum, the installation
of utilities, the construction of streets, and either final site grading or the
pouring of concrete pads) is completed after June 1, 2009.
“North American
Vertical Datum (NAVD)” has
replaced the National Geodetic Vertical Datum of 1929 in existing and future FEMA
Flood Modernization Maps.
"Recreational
vehicle"
means a vehicle, which is:
a. built
on a single chassis;
b. 400
square feet or less when measured at the largest horizontal projection;
c. designed
to be self-propelled or permanently towable by a light duty truck; and
d. designed
primarily not for use as a permanent dwelling but as temporary living quarters
for recreational, camping, travel, or seasonal use.
"Start of
construction" means the date the development permit was issued, provided
the actual start of construction, repair, reconstruction, or improvement was
within 180 days of the permit date. The
actual start means the first placement of permanent construction of the
structure such as the pouring of slabs or footings, installation of piles,
construction of columns, or any work beyond the stage of excavation, and
includes the placement of a manufactured home on a foundation. (Permanent construction does not include
initial land preparation, such as clearing, grading and filling; nor does it
include the installation of streets and/or walkways; nor does it include
excavation for a basement, footings, piers or foundations or the erection of
temporary forms; nor does it include the installation on the property of
buildings appurtenant to the permitted structure, such as garages or sheds not
occupied as dwelling units or part of the main structure. (NOTE: accessory
structures are NOT exempt from any ordinance requirements) For a substantial improvement, the actual
start of construction means the first alteration of any wall, ceiling, floor,
or other structural part of a building, whether or not that alteration affects
the external dimensions of the building.
"Structure" means a walled and
roofed building that is principally above ground, a manufactured home, a gas or
liquid storage tank.
"Substantial
damage"
means damage of any origin sustained by a structure whereby the cost of
restoring the structure to its before damaged condition would equal or exceed fifty
(50) percent of the market value of the structure before the damage
occurred.
"Substantial
improvement”
means any reconstruction, rehabilitation, addition, or other improvement of a
structure, taking place during a 5-year period, in which the cumulative cost
equals or exceeds fifty (50) percent of the market value of the structure prior
to the “start of construction” of the improvement. NOTE: The
market value of the structure should be (1) the appraised value of the
structure prior to the start of the initial repair or improvement, or (2) in
the case of damage, the value of the structure prior to the damage occurring.
This term includes structures, which have incurred "substantial
damage", regardless of the actual amount of repair work performed.
For the purposes of this
definition, "substantial improvement" is considered to occur when the
first alteration of any wall, ceiling, floor, or other structural part of the
building commences, whether or not that alteration affects the external
dimensions of the building. The term
does not, however, include (1) those improvements of a structure required to
comply with existing violations of state or local health, sanitary, or safety
code specifications which are solely necessary to assure safe living conditions
and which have been identified by the Code Enforcement Official, and not solely
triggered by an improvement or repair project, or (2) any alteration of a
“historic structure” provided that the alteration will not preclude the
structure’s continued designation as a ”historic structure”.
"Substantially
improved existing manufactured home parks or subdivisions" is where the repair,
reconstruction, rehabilitation or improvement of the streets, utilities and
pads equals or exceeds 50 percent of the value of the streets, utilities and
pads before the repair, reconstruction or improvement commenced.
"Variance" is a grant of relief
from the requirements of this ordinance, which permits construction in a manner
otherwise prohibited by this ordinance.
“Violation” means the failure of a
structure or other development to be fully compliant with the community’s
floodplain management regulations. A
structure or other development without the elevation certificate, or other
certifications, or other evidence of compliance required by this ordinance is
presumed to be in violation until such time as that documentation is provided.
ARTICLE 7. SEVERABILITY
If any section, clause,
sentence, or phrase of this Ordinance is held to be invalid or unconstitutional
by any court of competent jurisdiction, then said holding shall in no way
effect the validity of the remaining portions of this Ordinance.
Ordinance adopted on
By:
_________________________________ _______________________________________
Chairman,
Board of
Certified by: _________________________________
Date:________________________________________