A.

Purpose and intent. The intent of this district is to encourage the best possible site plans and building arrangements under a unified development plan rather than under lot-by-lot regulation. The developer benefits from better land utilization, economy in the provision of roads and utilities, and flexibility in design. The city gains the advantages of variety in building types, compatibility of uses and optimum community development. Review and approval of the development plan by the commerce mayor and council provides an opportunity to assure that the development will be in harmony with the character of the neighborhood in which the development is located.

The OSD district is not intended to encourage greater density of development, but rather to encourage ingenuity and resourcefulness in land planning and to assure the provision of park and recreation facilities for the use of the occupants of the development.

The purpose of the open space overlay district is to:

1.

Allow for greater flexibility and creativity in the design of residential development to promote environmentally sensitive and efficient uses of the land;

2.

Encourage the permanent preservation of a portion of otherwise developable property;

3.

Maintain commerce's small town character and land use patterns that preserve open space;

4.

Protect scenic vistas from development which would destroy or obstruct such vistas;

5.

Preserve unique and significant natural, historical and archeological resources, including groundwater recharge areas, floodplains, wetlands, streams, steep slopes, woodlands, wildlife habitats, historic features, and unique topography;

6.

Reduce erosion and sedimentation by minimizing land disturbance and removal of vegetation associated with development;

7.

Facilitate the construction and maintenance of streets, utilities and public services in a more economical and efficient manner;

8.

Protect existing and potential drinking water supplies; and,

9.

Encourage a less sprawling form of development.

These standards are not intended to restrict imagination, innovation, or variety, but rather to assist in focusing on design principles which can produce creative solutions that will develop a satisfactory visual appearance within the city, preserve taxable values, and promote the public health, safety, and welfare.

B.

General design standards.

1.

The landscape shall be preserved in its natural state, insofar as practicable, by minimizing tree and soil removal. Conflicts between development and the rural environment should be minimized. For example, truck houselots and driveways into wooded lots is recommended.

2.

The orientation of individual building sites shall be such as to maintain maximum natural topography and cover. Topography, tree cover, and natural drainageways shall be treated as fixed determinants of road and lot configuration rather than as malleable elements that can be changed to follow a preferred development scheme.

3.

Streets shall be designed and located in such a manner as to maintain and preserve natural topography, cover, significant landmarks, and trees; to minimize cut and fill; to reduce traffic speeds; and to preserve and enhance views and vistas on or off the subject parcel. All streets within the open space development shall be public streets. At least one major access with safe and adequate connections to an existing public street must be provided for every 100 dwelling units proposed in the OSD development.

4.

Maintain or create a buffer of natural vegetation of at least 100 feet in width adjacent to surface waters and wetlands.

5.

Maintain unblocked or uninterrupted scenic views and vistas, particularly as seen from public roads or as designated in the Commerce Comprehensive Plan. For example, a 100-foot deep no-build buffer is recommended to screen homes from the street and vice versa.

6.

The removal or disruption of historic, traditional or significant uses, structures, or architectural elements shall be minimized insofar as practicable.

7.

Protect the habitat areas of species listed as rare or endangered by the department of natural resources, freshwater wetlands and natural heritage inventory.

8.

The open space shall be reasonably contiguous, coherent, and, if the tract of land abuts adjacent open space or other permanently protected open space, it shall connect with that adjacent or permanently protected open space.

C.

Density. The maximum number of dwelling units allowed shall equal the number of dwelling units which could reasonably be expected to be developed on the property under the underlying zoning district, in full conformance with zoning, Subdivision Regulations, health codes, and other local, state and federal requirements.

D.

Minimum dimensional requirements for residential lots.

1.

The building envelope shall not exceed 15 feet beyond the building footprint with the exception of one 15-foot wide construction entrance to the site and the location of underground utilities. In the design process the most suitable areas for development should be shown. Areas beyond these building envelopes should be restricted against development. Building envelope lines should not be drawn into wetlands, floodplains, or steep slopes (slopes in excess of 25 percent) and shall not include the tops of ridge lines. Building envelopes shall avoid open fields as much as possible. Building envelopes shall be located on the edges of fields and in wooded areas to minimize the visual impact of development.

2.

Minimum frontage: Not less than 75 feet. Lots located on the turnaround of a cul-de-sac shall have a minimum of 40 feet of street frontage providing a front building line is designated on the site plan for such a lot and the width of the lot at this building line is at least equal to the minimum frontage requirement.

3.

The front or rear face of a dwelling unit shall be not less than 50 feet from the front or rear face of another dwelling unit. The side face of a single-family dwelling shall be not less than 20 feet from the side face of another such building and not less than 40 feet from the front or rear face of another such building.

4.

No dwelling unit shall be situated so as to face the rear of another dwelling unit within the subdivision unless terrain differences or screening will provide effective visual separation.

5.

The front, side and rear setback lines shall be shown on the final plat.

6.

OSD development may utilize zero-lot-line construction. See section 4.28 for zero-lot-line requirements.

7.

Buffer areas: All single-family dwellings and accessory structures shall be located a minimum of 50 feet from adjacent tracts of land.

8.

Accessory uses: All accessory uses shall be located to the rear of the front building line but no closer than ten feet to the rear lot line.

E.

Minimum percentage of open space. The minimum percentage of land that shall be designated as permanent open space, not to be further subdivided, and protected through a conservation easement, shall be as specified below:

1.

A minimum of 40 percent of the total tract areas of which one-half percent shall be designated as greenspace and the other one-half percent shall be open space, after deducting the following kinds of unbuildable land:

a.

Wetlands;

b.

All of the floodway and floodway fringes within the 100-year floodplain, as shown on official FEMA maps;

c.

Land with slopes exceeding 25 percent, or soils subject to slumping;

d.

Land required for street rights-of-way (ten percent of the net tract area);

e.

Land under permanent easement prohibiting future development (including easement for drainage, access, and utilities).

The above areas shall generally be designated as undivided open space, to facilitate easement monitoring and enforcement, and to promote appropriate management by a single entity according to approved land management standards.

2.

All undivided open space and any lot capable of further subdivision shall be restricted from further subdivision through a permanent conservation easement, recorded with the clerk of the court.

3.

If active recreation is proposed for the open space, at least 25 percent of the minimum required open space shall be suitable for active recreation but no more than 50 percent shall be utilized for that purpose, in order to preserve a reasonable proportion of natural areas on the site. The purposes for which open space areas are proposed shall be documented by the applicant.

4.

Stormwater management ponds or basins may be included as part of the minimum required open space, as may land within the rights-of-way for underground pipelines. However, power lines shall not be include as comprising part of the minimum required open space.

F.

Location of open space. The location of open space conserved through compact residential development shall be consistent with the policies contained in comprehensive plan and with the recommendations contained in this section and the following section.

Open space shall be comprised of two types of land: "Primary Conservation Areas" and "Secondary Conservation Areas." All lands within both Primary and Secondary Conservation Areas are required to be protected by a permanent conservation easement, prohibiting further development, and setting other standards safeguarding the site's special resources from negative changes.

1.

Primary conservation areas consists of wetlands, lands that are generally inundated (under ponds, lakes, creeks, etc.), land within the 100-year floodplain, slopes exceeding 15 percent, soils subject to slumping, significant natural areas of endangered or threatened species, and mature woodlands. Mature woodlands include

a.

Existing healthy tree masses, as measured from their outermost drip line;

b.

Individual existing healthy trees greater than six inches caliper, as measured from their outermost drip line;

These primary conservation areas are deducted from the total parcel acreage to produce the "Adjusted Tract Acreage," on which density shall be based (for both conventional and conservation subdivisions).

2.

Secondary conservation areas. In addition to the primary conservation areas, at least 50 percent of the remaining land shall be designated and permanently protected. Full density credit shall be allowed for land in this category that would otherwise be buildable under local, state, and federal regulations, so that their development potential is not reduced by this designation. Such density credit may be applied to other unconstrained parts of the site.

Although the locations of primary conservation areas are predetermined by the locations of floodplains, wetlands, steep slopes, and soils subject to slumping, greater latitude exists in the designation of secondary conservation areas.

The location of secondary conservation areas shall be guided by the maps and policies contained in the comprehensive plan and shall typically include all or part of the following kinds of resources: aquifer recharge areas, areas with highly permeable ("excessively drained") soil, significant wildlife habitat areas, sites listed on the Natural Heritage Inventory, prime farmland, historic, archaeological or cultural features listed (or eligible to be listed) on National, state or county register or inventories, and scenic views into the property from existing public roads. Secondary conservation areas therefore typically consist of upland forest, meadows, pastures, and farm fields, part of the ecologically connected matrix of natural areas significant for wildlife habitat, water quality protection, and other reasons. Although the resource lands listed as potential secondary conservation areas may comprise more than half of the remaining land on a development parcel (after primary conservation areas have been deducted), no applicant shall be required to designate more than 50 percent of that remaining land as a secondary conservation area.

G.

General locations standards. All subdivisions shall be designed around both the primary and secondary conservation areas, which together constitute the total required open space. The design process should therefore commence with the delineation of all potential open space, after which potential house sites are located. Following that, access road alignments are identified, with lot lines being drawn in as the final step.

Both primary and secondary conservation areas shall be placed in undivided preserves, which may adjoin housing areas that have been designed more compactly to create larger areas that may be enjoyed equally by all residents of the development.

Undivided open space shall be directly accessible to the largest practicable number of lots within a OSD subdivision. To achieve this, the majority of houselots should abut undivided open space in order to provide direct views and access. Safe and convenient pedestrian access to the open space from all lots not adjoining the open space shall be provided (except in the case of farmland or other resource areas vulnerable to trampling damage or human disturbance). Where the undivided open space is designated as separate, noncontiguous parcels, no parcel shall consist of less than three acres in area nor have a length-to-width ratio in excess of 4:1, except such areas that are specifically designed as village greens, ballfields, upland buffers to wetlands, waterbodies or watercourses, or trail links.

H.

Interconnected open space network. As more open space subdivisions are developed, the protected open spaces in each new subdivision will eventually adjoin each other, ultimately forming an interconnected network of primary and secondary conservation areas across the city. To avoid the issue of the "taking of land without compensation," the only elements of this interconnected network that will necessarily be open to the public are those lands that have been required to be dedicated for public use, never more than ten percent of a development parcel gross acreage.

I.

Requirements for open space. It is the intent of these regulations that open space be comprised of buildable and non-buildable lands. Land so designated as open space shall be in a location and configuration that relates to the ultimate purpose of the open space (i.e., outdoor recreation, landscape protection, habitat protection, etc.). Development should be designed around these natural features.

1.

At least 50 percent of the required open space shall be forested, preferably hardwood, and shall be dedicated and used for open space.

2.

Up to 50 percent of the required open space may be composed of land that is pasture/agricultural land.

3.

No more than 20 percent of the required open space may be in land that is located in a floodplain or wetlands.

4.

Rights-of-way for streets, above ground utility easements, drainage easements, and detention ponds shall be excluded from land considered for open space.

5.

If the development is to be built in phases, 50 percent of the open space of the entire development must be shown on the Phase I final plat and must be deeded to the Home Owners Association or other entity responsible for its maintenance and payment of taxes. This requirement must be met prior to approval of the final plat.

J.

Permitted uses of the open space. The following are permitted uses of open space:

1.

Conservation of natural, archeological or historical resources;

2.

Meadows, woodlands, wetlands, wildlife corridors, or similar conservation-oriented area(s);

3.

Walking or bicycle trails surfaced with permeable materials;

4.

Parks, community gardens, playing fields or recreation facilities;

5.

Agriculture, horticulture, silviculture or pasture uses in which conservation oriented methods are utilized;

6.

Landscaped stormwater detention areas;

7.

Easement from drainage, access, and sewerage or water lines, or other similar public purposes;

8.

Underground utility rights-of-way.

K.

Design standards for public roads. It is the intent of this section to minimize the amount of site disruption caused by roadways and the associated grading required for their construction.

1.

Streets shall follow existing contours to minimize the extent of cuts and fills.

2.

Maximum centerline radius for shall conform to the City of Commerce Subdivision Regulations. However, when topography or aesthetic design concerns prohibit streets which typically take right angle turns followed by an intervening straight segment, reverse curves can be used (no intervening straight segment is required).

3.

In order to stimulate intra-neighborhood accessibility, all streets within the subdivision shall interconnect as much as possible.

The paved width of each street shall conform to section 10.10 of the City of Commerce Subdivision Regulations.

Where the interconnection of a street would not promote the purpose of the open space design, non-interconnected streets (cul-de-sacs) are permissible. A cul-de-sac shall not serve more than 25 single-family dwellings and shall not exceed 1,200 feet in length. Should a cul-de-sac be desired, cul-de-sac streets shall be terminated by turnarounds with an internal turning radius of at least 20 feet. Cul-de-sacs turnarounds shall be off-set from the road centerline and shall include a vegetated center island.

4.

Curbing should be notched or intermittently detached so that water may run into vegetated swales. This will allow infiltration of the water into areas best suited to retain and absorb the water. Curb notches shall also be installed in the center island of cul-de-sacs to maintain drainage through the vegetated space.

L.

Required improvements.

1.

Water supply. Each dwelling unit shall be connected to a public or community water system approved by the City of Commerce, Jackson County, Georgia 30529.

2.

Sewerage. All sewerage systems within the development shall meet the requirements of the City of Commerce, Jackson County, Georgia 30529.

3.

Utilities. All utilities within the subdivision shall be underground.

4.

Stormwater runoff. The volume and velocity of stormwater runoff after development shall not exceed the volume and velocity of stormwater runoff prior to development.

5.

Storm drainage system. The developer shall provide a storm drainage system for the subdivision which shall be of sufficient size and design to collect, carry off, and dispose of all predictable surface water run-off within the development and shall be so constructed as to conform with the statutes, ordinances, and regulations of the State of Georgia and Commerce, Georgia. Proposed storm drainage system shall be approved by the zoning administrator.

6.

Fire hydrant. The developer shall provide a fire hydrant within 500 feet of each dwelling unit.

7.

Sidewalks. A five-foot, paved, sidewalk shall be installed on both sides of the road.

M.

Evaluation criteria. In evaluating the layout of lots and open space, the following criteria will be considered by the planning commission and mayor and council as indicating design appropriate to the site's natural, historic, and cultural features, and meeting the purposes of this ordinance. Diversity and originality in lot layout shall be encouraged to achieve the best possible relationship between development and conservation areas. Accordingly, the planning commission shall evaluate proposals to determine whether the proposed conceptual preliminary plan:

1.

Protects floodplains, wetlands, and steep slopes from cleaning, grading, filling, or construction (except as may be approved by the mayor and council for essential infrastructure or active or passive recreation amenities).

2.

Preserves and maintains mature woodlands, existing fields, pastures, meadows, and orchards, and creates sufficient buffer areas to minimize conflicts between residential and agricultural uses. For example, locating houselots and driveways within wooded areas is generally recommended, with two exceptions. The first involves significant wildlife habitat or mature woodlands that raise an equal or greater preservation concern, as described in subsections 5. and 8. below. The second involves predominantly agricultural areas, where remnant tree groups provide the only natural areas for wildlife.

3.

Visually buffers from existing public roads, such as by a planting screen consisting of a variety of indigenous native trees, shrubs, and wildflowers. If development must be located on open fields or pastures because of greater constraints in all other part of the site, dwellings should be sited on the least prime agricultural soils, or in locations at the far edge of a field, as seen from existing public roads.

4.

Maintains or creates an upland buffer of natural native species vegetation of at least 100 feet in depth adjacent to wetlands and surface waters, including creeks, streams, springs, lakes and ponds.

5.

Designs around existing hedgerows and treelines between fields or meadows, and minimizes impacts on large woodlands (greater than five acres), especially those containing many mature trees or a significant wildlife habitat, or those not degraded by invasive vines. Also, woodlands of any size on highly erodible soils with slopes greater than ten percent should be avoided. However, woodlands in poor condition with limited management potential can provide suitable locations for residential development. When any woodland is developed, great care shall be taken to design all disturbed areas (for buildings, roads, yards, septic disposal fields, etc.) in locations where there are no large trees or obvious wildlife areas, to the fullest extent that is practicable.

6.

Leaves scenic views and vistas unblocked or uninterrupted, particularly as seen from public thoroughfares. For example, in open agrarian landscapes, a deep "no-build, no-plant" buffer is recommended along the public thoroughfare where those views or vistas are prominent or locally significant. The concept of "foreground meadows," with homes facing the public thoroughfare across a broad grassy expanse is strongly preferred to mere buffer strips, with or without berms or vegetative screening. In wood areas where the sense of enclosure is a feature that should be maintained, a deep "no-build, no-cut" buffer should be respected, to preserve existing vegetation.

7.

Avoids siting new construction on prominent hilltops or ridges, by taking advantage of lower topographic features.

8.

Protects wildlife habitat areas of species listed as endangered, threatened, or of special concern by the U.S. Environmental Protection Agency or the Georgia Department of Natural Resources.

9.

Designs around and preserves sites of historic, archaeological, or cultural value, and their environs, insofar as needed to safeguard the character of the feature, including stone walls, spring houses, barn foundations, cellar holes, earthworks, and burial grounds.

10.

Protects rural roadside character and improves public safety and vehicular carrying capacity by avoiding development fronting directly onto existing public roads. Establishes buffer zones along the corridor of rural roads with historic buildings, stone walls, hedgerows, etc.

11.

Landscaped common areas, cul-de-sac islands, and both sides of new streets with native specie shade trees and flowering shrubs with high wildlife conservation value. Deciduous shade trees shall be planted at 40-foot intervals on both sides of each street, so that the neighborhood will have a stately and traditional appearance when they grow and mature. These trees shall generally be located between the side walk (if required) and the edge of the street, within a planting strip not less than five feet in width.

12.

Provides active recreational areas in suitable locations that offer convenient access by residents and adequate screening from nearby houselots.

13.

Includes a pedestrian circulation system designed to assure that pedestrians can walk safely and easily on the site, between properties and activities or special features within the neighborhood open space system. All roadside footpaths should connect with off-road trails which in turn should link with potential pen space on adjoining undeveloped parcels (or with existing open space on adjoining developed parcels, where applicable).

14.

Provides open space that is reasonably contiguous. For example, fragmentation of open space should be minimized so that these resource areas are not divided into numerous small parcels located in various parts of the development. To the greatest extent practicable, this land shall be designed as a single block with logical, straightforward boundaries. Long thin strips of conservation land shall be avoided, unless the conservation feature is linear or unless such configuration is necessary to connect with other streams or trails. The open space shall generally abut existing or potential open space land on adjacent parcels (such as in other subdivisions, public parks, or properties owned by or leased to private land conservation organizations).

N.

Procedural requirements.

1.

General.

a.

Process overview. The sequence of actions prescribed in this article is as listed below. These steps shall be followed sequentially and may be combined only at the discretion of the planning commission:

(1)

Pre-application discussion;

(2)

Existing features (site analysis) plan;

(3)

On-site walkabout by planning commissioners and applicant;

(4)

Pre-submission conference;

(5)

Conceptual preliminary plan (conceptual illustration of open space, potential house sites, street alignments, and tentative lot lines, prepared according to the four-step design process described herein).

(6)

Preliminary plan submission, determination of completeness, review of overall planning concepts, and decision.

(7)

Preliminary engineer certification;

(8)

Final plan submission, determination of completeness, review, and decision;

(9)

Approval of mayor and council;

(10)

Recording at clerk of court's office.

2.

Elements of the preliminary plan process.

a.

Pre-application discussion. A pre-application discussion is strongly encouraged between the applicant, the site designer(s), and the planning commission. The purpose of this informal meeting is to discuss the applicant's objectives in relation to the city's official policies and ordinance requirements. The city may designate a consultant experienced in development design and in the protection of natural features and open lands to meet with the applicant and to attend or conduct meetings required under this ordinance.

b.

Existing features (site analysis) plan. Plans analyzing each site's special features are required for all proposed subdivisions, as they form the basis of the design process for greenway lands, house locations, street alignments, and lot lines. The applicant or his/her representative shall bring a copy of the existing features (site analysis) plan to the on-site walkabout. Requirements for existing features plans must include (1) a contour map based at least upon topographical maps published by the U.S. Geological Survey; (2) the location of severely constraining elements such as steep slopes (over 25 percent), wetlands, watercourses, intermittent streams and 100-year floodplains, and all rights-of-way and easement; (3) soil boundaries as shown on USDA Natural Resources Conservation Service medium-intensity maps; and (4) the location of significant features such as woodlands, treelines, open fields or meadows, scenic views into or out from the property, watershed divides and drainage ways, fences or stone walls, rock outcrops, and existing structures, roads, track and trails, and any sites listed on the Georgia Natural Heritage Inventory.

These existing features plans shall identify both primary conservation areas and secondary conservation areas. Together, these primary and secondary conservation areas comprise the development's proposed open space. The existing features plan shall form the basis for the conceptual preliminary plan, which shall show the tentative location of houses, streets, lot lines, and open space in, the new subdivision, according to the four-step design process described in subsection f of this section.

c.

On-site walkabout. After the existing features plan has been prepared, the planning commission shall schedule a mutually convenient date to walk the property with the applicant and his/her site designer. The purpose of this visit is to familiarize city officials with the property's special features, and to provide them an informal opportunity to offer guidance to the applicant regarding the tentative location of the secondary conservation areas and potential house locations and street alignments. If this visit is not scheduled before submission of the sketch plan or the conceptual preliminary plan, it should occur soon thereafter.

d.

Pre-submission conference. Prior to the submission of the sketch plan or a conceptual preliminary plan, the applicant shall meet with the planning commission to discuss how the four-step approach to designing subdivisions could be applied to the subject property. At the discretion of the planning commission this conference may be combined with the on-site walkabout.

e.

Conceptual preliminary plan. After the pre-submission conference, a sketch plan or a conceptual preliminary plan shall be submitted for the proposed subdivision. Conceptual preliminary plan refers to a preliminary engineered sketch plan drawn to illustrate initial thoughts about a conceptual layout for open space, house sites, and street alignments. This is the stage where drawings are tentatively illustrated, before heavy engineering costs are incurred in the design of any proposed subdivision layout. These drawings shall be prepared by a team that includes a landscape architect and a civil engineer.

A conceptual preliminary plan shall be submitted by the applicant to the zoning administrator at least 30 days prior to the planning commission meeting for review and for the purpose of securing early agreement on the overall pattern of streets, houselots, primary and secondary conservation areas, and potential trail linkages (where applicable), prior to any significant expenditure on engineering costs in the design of streets, stormwater management, or the accurate delineation of internal lot boundaries.

Within 30 days of receiving the conceptual preliminary plan, the planning commission shall approve, disapprove, or approve the plan with conditions, stating its reasons in writing. Applicant shall then submit a detailed preliminary plan which shall contain all the customary engineering data. The detailed preliminary plan shall be submitted to the zoning administrator at least 30 days prior to the planning commission meeting. Within 30 days of receiving the detailed preliminary plan, the planning commission shall approve, disapprove, table or approve the plan with conditions, stating its reasons in writing. Either or both of these time periods may be formally extended if mutually agreeable to the applicant and the planning commission.

f.

Four-step process. Each sketch plan or conceptual preliminary plan shall follow a four-step design process, as described below. When the conceptual preliminary plan is submitted, applicants shall be prepared to demonstrate to the planning commission that these four design steps were followed by their site designers in determining the layout of their proposed streets, houselots, and open space. This process shall be accomplished during a 30-day period as described above.

(1)

Designating the open space. During the first step, all potential conservation areas (both primary and secondary) are identified, using the existing features plan. Primary conservation areas shall consist of wetlands, floodplains, slopes over 25 percent, and soils susceptible to slumping. Secondary conservation areas shall comprise 50 percent of the remaining land, and shall include the most sensitive and noteworthy natural, scenic, and cultural resources on that remaining half of the property.

Guidance on which parts of the remaining land to classify as Secondary Conservation Areas shall be based upon:

i.

The procedures described in "Conservation Design for Subdivisions" A Practical Guide to Creating Open Space Networks" produced by the Natural Lands Trust and published by Island Press;

ii.

On-site visits or "walkabouts,"

iii.

The open space location criteria contained in subsections 3.05.001(E), (F) and (I);

iv.

The evaluation criteria listed in subsection 3.05.001(M);

v.

Information from published data and reports; and

vi.

Conversations with existing or recent owners of the property, and members of the mayor and council and planning commission.

(2)

Location of house sites. During the second step, potential house sites are tentatively located. Because the proposed location of houses within each lot represents a significant decision with potential impacts on the ability of the development to meet the 14 evaluation criteria contained in subsection 3.05.001(M), subdivision applicants shall identify tentative house sites on the conceptual preliminary plan and proposed house sites on the detailed final plan. House sites should generally be located not closer than 100 feet from primary conservation areas, but may be situated within 50 feet of secondary conservation areas, in order to enjoy views of the latter without negatively impacting the former. The building "footprint" of proposed residences maybe changed by more than 50 feet in any direction with approval from the planning commission. Changes involving less than 50 feet do not require approval.

(3)

Street and lot layout. The third step consists of aligning proposed streets to provide vehicular access to each house in the most reasonable and economical way. When lots and access streets are laid out, they shall be located in a way that avoids or at least minimizes adverse impacts on both the primary and secondary conservation areas. To the greater extent practicable, wetland crossings and streets traversing existing slopes over 15 percent shall be strongly discouraged. Street connections shall generally be encouraged to minimize the number of new cul-de-sacs to be maintained by the township and to facilitate easy access to and from homes in different parts of the property (and on adjoining parcels). Where cul-de-sacs are necessary, those serving six or fewer homes may be designed with "hammerheads" facilitation three point turns. Cul-de-sacs serving more than six homes shall generally be designed with a central island containing indigenous trees and shrubs (either conserved on site or planted)

(4)

Lot lines. The fourth step is simply to draw in the lot lines (where applicable). These are generally drawn midway between house locations.

g.

Preliminary engineering certification. Prior to approval of the conceptual preliminary plan, the applicant shall submit to the planning commission a "Preliminary Engineering Certification" that the approximate layout of proposed streets, houselots, and open space lands complies with the city's zoning and subdivision ordinances, particularly those sections governing the design of subdivision streets and stormwater management facilities. This certification requirement is meant to provide the city with assurance that the proposed plan is able to be accomplished within the current regulations of the township. The certification shall also note any waivers needed to implement the plan as drawn.

O.

Ownership and maintenance of the open space.

1.

General Different ownership and management options apply to the permanently protected open space created through the development process. The open space shall remain undivided and may be owned and managed by a homeowners' association or a recognized land trust. A public land dedication, not exceeding ten percent of the total parcel size, may be required by the city, through this open space, to facilitate trail connections. A narrative describing ownership use and maintenance responsibilities shall be submitted for all common and public improvements, utilities, and open spaces.

2.

Ownership standards. Common open space within a development shall be owned, administered, and maintained by any of the following methods, either individually or in combination, and subject to approval by the city.

a.

Homeowner's association. The undivided open space and associated facilities may be held in common ownership by a homeowners' association. The association shall be formed and operated under the following provisions:

(1)

The developer shall provide a description of the association including its bylaws and methods for maintaining the open space.

(2)

The association shall be organized by the developer and shall be operated with a financial subsidy from the developer, before the sale of any lots within the development.

(3)

Membership in the association is automatic (mandatory) for all purchasers of homes therein and their successors. The conditions and timing of transferring control of the association from the developer to homeowners shall be identified in the bylaws.

(4)

The association shall be responsible for maintenance of insurance and taxes on undivided open space, enforceable by liens placed by the city on the association. The association may place liens on the homes or houselots of its members who fail to pay their association dues in a timely manner. Such liens may require the imposition of penalty interest charges.

(5)

The members of the association shall share equitably the costs of maintaining and developing such undivided open space. Shares shall be defined within the association bylaws.

(6)

In the event of a proposed transfer, within the methods here permitted, of undivided open space land by the homeowners' association, or of the assumption of maintenance of undivided open space land by the city, notice of such action shall be given to all property owners within the development.

(7)

The association shall have or hire adequate staff to administer common facilities and properly and continually maintain the undivided open space.

(8)

The homeowners' association may lease open space lands to any other qualified person, or corporation, for operation and maintenance of open space lands, but such a lease agreement shall provide:

i.

That the residents of the development shall at all times have access to the open space lands contained therein;

ii.

That the undivided open space to be leased shall be maintained for the purposes set forth in this ordinance; and

iii.

That the operation of open space facilities may be for the benefit of the residents only, or may be open to the residents of the city, at the election of the developer and/or homeowners' association, as the case may be.

(9)

The lease shall be subject to the approval of the mayor and council and any transfer or assignment of the lease shall be further subject to the approval of the of the mayor and council. Lease agreements so entered upon shall be recorded by the clerk of court within 30 days of their execution and a copy of the recorded lease shall be filed the city clerk.

A.

Statutory authorization. The Legislature of the State of Georgia has in Georgia Code Annotated, Article IX, Section II, 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 mayor and council of the City of Commerce, Georgia does ordain as follows:

B.

Findings of fact.

1.

The flood hazard areas of Commerce, Georgia are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood relief and protection, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.

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.

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 flood waters.

D.

Objectives. The objects 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 home buyers are notified that property is in a flood area.

A.

Lands to which this ordinance applies. This ordinance shall apply to all areas of special flood hazard within the jurisdiction of Commerce, Georgia.

B.

Basis for area of special flood hazard. 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 and data for (unincorporated Jackson 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. (There are no known areas officially identified at this time.)

C.

Establishment of development permit. A development permit shall be require in conformance with the provisions of this ordinance prior to the commencement of any development activities.

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.

E.

Abrogation and greater restrictions. 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.

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 the state statutes.

G.

Warning and disclaimer of liability. 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 the City of Commerce or by nay officer or employee thereof for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made thereunder.

H.

Penalties for violation. Violation of the provisions of this ordinance or failure to comply with any of its requirements, including violation of conditions and safeguards established in connection with grants of variance or special exceptions shall constitute a misdemeanor. 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 180 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 the City of Commerce from taking such other lawful actions as is necessary to prevent or remedy any violation.

A.

Designation of ordinance administrator. The building official of the City of Commerce is hereby appointed to administer and implement the provisions of this ordinance.

B.

Permit procedures. Application for a development permit shall be made to the building official on forms furnished by the community prior to any development activities, and may include, but not 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 subsection 3.06.004(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 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 building official shall review the above referenced certification data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to further progressive work being allowed to proceed. Failure to submit certification or failure to make said corrections required hereby, shall be cause to issue a stop-work order for the project.

C.

Duties and responsibilities of the administrator. Duties of the building official shall include, but shall not be limited to:

1.

Review all development permits to assure that the permit requirements of this ordinance have been satisfied;

2.

Review proposed development to assure that all necessary permits 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.

When base flood elevation data or floodway data have not been provided in accordance with Article 2 Section B, then the building official shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other sources in order to administer the provisions of Article 4.

4.

Verify 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 subsection 3.06.003(B)(2).

5.

Verify 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 subsection 3.06.003(B)(2).

6.

When flood-proofing is utilized for a structure, the building official shall obtain certification of design criteria from a registered professional engineer or architect in accordance with subsection 3.06.003(B)(1)(c) and subsection 3.06.004(B)(2) or (D)(2).

7.

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).

8.

For any altered or relocated watercourse, submit engineering data/analysis within six 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.

9.

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 building official shall make the necessary interpretation. Any person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in this ordinance.

10.

All records pertaining to the provisions of this ordinance shall be maintained in the office of the building official and shall be open for public inspection.

A.

General standards. In all areas of special flood hazard the following provisions are required:

1.

New construction and substantial improvements of existing structures shall be anchored to prevent flotation, collapse or lateral movement of 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:

(1)

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;

(2)

The bottom of all openings shall be no higher than one foot above grade; and,

(3)

Openings may be equipped with screens, louvers, valves or other coverings or devices provided they permit the automatic flow of floodwater in both directions.

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, 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.

B.

Specific standards. In all areas of special flood hazard the following provisions are required.

1.

New construction and substantial improvements. Where base flood elevation data are available, new construction 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 the unimpeded movements of flood waters shall be provided in accordance with standards of subsection 3.06.004(A)(4), "Elevated Buildings".

2.

Non-residential construction. New construction 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 buoyance. 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 subsection 3.06.003(C)(6).

3.

Standards for manufactured homes and recreational vehicles. Where base flood elevation data are available:

a.

All manufactured homes placed or substantially improved on:

(1)

Individual lots or parcels,

(2)

In new 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 or substantially improved in an existing manufactured home park or subdivision may be elevated so that either:

(1)

The lowest floor of the manufactured home is elevated no lower than one foot above the level of the base flood elevation, or

(2)

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. subsection 3.06.004(A)(6) above)

d.

All recreational vehicles placed on sites must either:

(1)

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

(2)

The recreational vehicle must meet all the requirements for "New Construction", including the anchoring and elevation requirements of subsection 3.06.004(B)(3)(a)(1), above.

4.

Floodway. Located within areas of special flood hazard established in subsection 3.06.002(B), are areas designated as floodway. A floodway may be an extremely hazardous area due to velocity flood waters, 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 demonstrate 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 subsection 3.06.004(B)(4)(a) above is satisfied, then any new construction or substantial improvement shall comply with all other applicable flood hazard reduction provisions of section 3.06.004.

C.

Building standards for streams without established base flood elevations and/or floodway (A-Zones). Located within the areas of special flood hazard established in subsection 3.06.002(B) where streams exist but no base flood data have been provided (A-Zones), or where base flood data have been provided by 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 subsection 3.06.002(B), then the building official 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 section 3.06.004. Only if data are not available from these sources, then the following provisions (2. and 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 20 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 any 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. Openings sufficient to facilitate the unimpeded movements of flood waters shall be provided in accordance with standards of subsection 3.06.004(A)(4) "Elevated Buildings".

The building official shall certify the lowest floor elevation level and the record shall become a permanent part of the permit file.

D.

Standards for areas of shallow flooding (AO Zones). Areas of special flood hazard established in subsection 3.06.002(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 (FIRM), above the highest specified on the flood insurance rate map (FIRM), above the highest adjacent grade. If no flood depth number is specified, the lowest floor, including basement, shall be elevated at least three feet above the highest adjacent grade. Openings sufficient to facilitate the unimpeded movements of flood waters shall be provided in accordance with standards of subsection 3.06.004(A)(4), "Elevated Buildings".

The building official shall certify the lowest floor elevation level 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 firm flood level plus one foot, above highest adjacent grade, 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 buoyance. 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 as required in subsections 3.06.003(B)(1)(c) and 3.06.003(B)(2).

3.

Drainage paths shall be provided to guide floodwater around and away from any proposed structure.

E.

Standards for subdivisions.

1.

All subdivision proposals shall be consistent with the need to minimize flood damage;

2.

All subdivision 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 proposals shall have adequate drainage provided to reduce exposure to flood hazards, and;

4.

Base flood elevation data shall be provided for subdivision proposals and all other proposed development, including manufactured home parks and subdivisions, greater than 50 lots or five acres, whichever is less.

A.

The board of zoning appeals as established by the mayor and city council shall hear and decide requests for appeals or variance from the requirements of this ordinance.

B.

The board shall hear and decide appeals when it is alleged an error in any requirement, decision, or determination is made by the building official in the enforcement or administration of this ordinance.

C.

Any person aggrieved by the decision of the board of zoning appeals may appeal such decision to the Superior Court of Jackson County, as provided in state statute O.C.G.A. § 5-4-1.

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 section 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 board of zoning appeals shall consider all technical evaluations, relevant factors, and all standards specified in this and other section of this ordinance.

H.

Conditions for variances.

1.

A variance shall be issued only when there is:

a.

A finding of good and sufficient cause,

b.

A determination that failure to grant the variance would result in exceptional hardship, and

c.

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. Variance 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 building official shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency upon request.

I.

Upon consideration of the factors listed above and the purposes of this ordinance, the board of zoning appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this ordinance.

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.

A.

Addition (to an existing building). 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 fire wall. Any walled and roofed addition which is connected by a fire wall or is separated by an independent perimeter load-bearing wall shall be considered "new construction".

B.

Appeal. A request for a review of the building official's interpretation of any provision of this ordinance.

C.

Area of shallow flooding. A designated AO or AH Zone on a community's flood insurance rate map (FIRM) with base flood depths from one to three feet, and/or where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident.

D.

Area of special flood hazard. 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 subsection 3.06.002(B).

E.

Base flood. The flood having a one percent chance of being equaled or exceeded in any given year.

F.

Basement. That portion of a building having its floor subgrade (below ground level) on all sides.

G.

Building. Any structure built for support, shelter, or enclosure for any occupancy or storage.

H.

Development. Any manmade 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 permanent storage of materials or equipment.

I.

Elevated building. 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.

J.

*Existing construction. Any structure for which the "start of construction" commenced before August 13, 2001, [i.e., the effective date of the first floodplain management code or ordinance adopted by the community as a basis for that community's participation in the National Flood Insurance Program (NFIP)]

K.

*Existing manufactured home park or subdivision. 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 final site grading or the pouring of concrete pads) is completed before August 13, 2001. [i.e. the effective date of the first floodplain management regulations adopted by a community].

L.

Expansion to an existing manufactured home park or subdivision. 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.

M.

Flood or flooding. A general and temporary condition of partial or complete inundation of normally dry land areas from:

1.

The overflow of inland or tidal water; or

2.

The unusual and rapid accumulation or runoff of surface waters from any source.

N.

Flood hazard boundary map (FHBM). 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.

O.

Flood insurance rate map (FIRM). An official map of a community, issued by the Federal Insurance Administration, delineating the areas of special flood hazard and/or risk premium zones applicable to the community.

P.

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.

Q.

Floodplain. Any land area susceptible to flooding.

R.

Floodway. 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.

S.

Highest adjacent grade. The highest natural elevation of the ground surface, prior to construction, adjacent to the proposed foundation of a building.

T.

Historic structure. Any structure that is:

1.

Listed individual 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) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

2.

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;

3.

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.

4.

Individually listed on a local inventory of historic places and determined as eligible by communities with historic preservation programs that have been certified either:

a.

By an approved state program as determined by the Secretary of the Interior, or

b.

Directly by the Secretary of the Interior in states without approved programs.

U.

Lowest floor. 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.

V.

Manufactured home. A building, transportable in one ore 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.

W.

Mean sea level. The average height of the sea for all stages of the tide. It is used as a reference for establishing various elevations within the floodplain. For purposes of this ordinance, the term is synonymous with National Geodetic Vertical Datum (NGVD).

X.

National Geodetic Vertical Datum (NGVD). As corrected in 1929 is a vertical control used as a reference for establishing varying elevations within the floodplain.

Y.

*New construction. Any structure (see definition) for which the "start of construction" commenced after August 13, 2001 and includes any subsequent improvements to the structure. [i.e., the effective date of the first floodplain management ordinance adopted by the community as a basis for community participation in the (NFIP)].

Z.

*New manufactured home park or subdivision. 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 on or after August 13, 2001. [i.e., the effective date of the first floodplain management regulations adopted by a community].

AA.

Recreational vehicle. A vehicle which is:

1.

Built on a single chassis.

2.

Four hundred square feet or less when measured at the largest horizontal projection;

3.

Designed to be self-propelled or permanently towable by a light duty truck; and

4.

Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational camping, travel, or seasonal use.

BB.

Start of construction. 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.

CC.

Structure. A walled and roofed building that is principally above ground, a manufactured home, a gas or liquid storage tank.

DD.

Substantial damage. Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

EE.

Substantial improvement. Any combination of repairs, reconstruction, alteration, or improvements to a building, taking place during a five-year period, in which the cumulative cost equals or exceeds 50 percent of the market value of the structure prior to the improvement. The market value of the building 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 those improvements of a building required to comply with existing health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, which have been pre-identified by the code enforcement official, and not solely triggered by an improvement or repair project.

FF.

Substantially improved existing manufactured home parks or subdivisions. 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.

GG.

Variance. A grant of relief from the requirements of this ordinance which permits construction in a manner otherwise prohibited by this ordinance.

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.