It is hereby determined that:

The flood hazard areas of Coweta County are subject to periodic inundation which may result 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.

Flood hazard areas can serve important stormwater management, water quality, streambank protection, stream corridor protection, wetland preservation and ecological purposes when permanently protected as undisturbed or minimally disturbed areas.

Effective floodplain management and flood hazard protection activities can: (1) Protect human life and health; (2) Minimize damage to private property; (3) Minimize damage to public facilities and infrastructure such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains; and (4) Minimize expenditure of public money for costly flood control projects associated with flooding and generally undertaken at the expense of the general public.

Article IX, Section II of the Constitution of the State of Georgia and O.C.G.A. § 36-1-20(a) 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, Coweta County, Georgia, does ordain the ordinance from which this article derives and establishes this set of floodplain management and flood hazard reduction provisions for the purpose of regulating the use of flood hazard areas. It is determined that the regulation of flood hazard areas and the prevention of flood damage are in the public interest and will minimize threats to public health and safety, as well as to private and public property.

(Ord. No. 029-15, 8-4-15)

221.1.

Purpose and intent. The purpose of this article is to protect, maintain and enhance the public health, safety, environment and general welfare and to minimize public and private losses due to flood conditions in flood hazard areas, as well as to protect the beneficial uses of floodplain areas for water quality protection, streambank and stream corridor protection, wetlands preservation, and ecological and environmental protection 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 flooding 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;

(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)

Limit the alteration of natural floodplains, stream channels, and natural protective barriers, which are involved in the accommodation of flood waters; and

(6)

Protect the stormwater management, water quality, streambank protection, stream corridor protection, wetland preservation, and ecological functions of natural floodplain areas.

221.2.

Applicability. The ordinance from which this article derives shall be applicable to all areas of special flood hazard within the jurisdiction of Coweta County.

221.3.

Designation of ordinance administrator. The community development director is hereby appointed to administer and implement the provisions of this article.

221.4.

Basis for establishing areas of special flood hazard, areas of future-conditions flood hazard and associated floodplain characteristics—Flood area maps and studies. For the purposes of defining and determining "areas of special flood hazard," "areas of future-conditions flood hazard," "areas of shallow flooding," "base flood elevations," "floodplains," "floodways," "future-conditions flood elevations," "future-conditions floodplains," potential flood hazard or risk categories as shown on FIRM maps, and other terms used in this article, the following documents and sources may be used for such purposes and are adopted by reference thereto:

(1)

The Flood Insurance Study (FIS), dated February 6, 2013, with accompanying maps and other supporting data and any revision thereto.

(2)

Other studies, which may be relied upon for the establishment of the base flood elevation or delineation of the base or one-percent (100-year) floodplain and flood-prone areas, including:

(a)

Any flood or flood-related study conducted by the United States Army Corps of Engineers, the United States Geological Survey or any other local, state or federal agency applicable to Coweta County; and

(b)

Any base flood study conducted by a licensed professional engineer which has been prepared utilizing FEMA approved methodology and approved by Coweta County.

(3)

Other studies, which may be relied upon for the establishment of the future-conditions flood elevation or delineation of the future-conditions floodplain and flood-prone areas, including:

(a)

Any flood or flood-related study conducted by the United States Army Corps of Engineers, the United States Geological Survey, or any other local, state or federal agency applicable to Coweta County; and

(b)

Any future-conditions flood study conducted by a licensed professional engineer which has been prepared utilizing FEMA approved methodology approved by Coweta County.

(4)

The repository for public inspection of the FIS, accompanying maps and other supporting data is located at the community development department whose offices are located at 22 East Broad Street, Newnan, Georgia, 30263.

221.5.

Compatibility with other regulations. This article is not intended to modify or repeal any other ordinance, rule, regulation, statute, easement, covenant, deed restriction or other provision of law. The requirements of the ordinance from which this article derives are in addition to the requirements of any other ordinance, rule, regulation or other provision of law, and where any provision of this article imposes restrictions different from those imposed by any other ordinance, rule, regulation or other provision of law, whichever provision is more restrictive or imposes higher protective standards for human health or the environment shall control.

221.6.

Severability. If the provisions of any section, subsection, paragraph, subdivision or clause of the ordinance from which this article derives shall be adjudged invalid by a court of competent jurisdiction, such judgment shall not affect or invalidate the remainder of any section, subsection, paragraph, subdivision or clause of this article.

221.7.

Warning and disclaimer of liability. The degree of flood protection required by this article 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 manmade or natural causes. This article 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 article shall not create liability on the part of Coweta County or any officer or employee thereof for any flood damages that result from reliance on this article or any administrative decision lawfully made thereunder.

(Ord. No. 029-15, 8-4-15; Ord. No. 006-20, 1-7-20)

1.

Interpretation of certain terms and words. For the purpose of interpreting this article certain words or terms used herein shall be defined as follows:

a.

Words used in the present tense include the future tense. Words used in the singular number include the plural number, and words used in the plural number include the singular number. The word "person" includes a firm, association, organization, partnership, corporation, trust, and company as well as an individual. The word "lot" includes the word "plot," "tract," or "parcel." The word "building" includes the word "structure." The word "shall" is always mandatory.

2.

List of definitions. Except as specifically defined herein or within article 3 of these regulations, all words used in this article shall carry their customary meanings as defined in a standard dictionary.

Addition. 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."

Appeal. A request for a review of the director's interpretation of any provision of this article.

Area of future-conditions flood hazard. The area that would be inundated by the one-percent-annual-chance flood based on future-conditions hydrology (100-year future-conditions flood).

Area of shallow flooding. A designated AO or AH Zone on a community's Flood Insurance Rate Map (FIRM) with a one percent or greater chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

Area of special flood hazard. The land area subject to a one percent or greater chance of flooding in any given year. This includes all floodplain and flood prone areas at or below the base flood elevation designated as Zones A, A1-30, A-99, AE, AO, AH, and AR on a community's Flood Insurance Rate Map (FIRM).

Accessory structure or facility. A structure which is on the same parcel of property as the principal structure and the use of which is incidental to the use of the primary structure.

Base flood. The flood having a one percent chance of being equaled or exceeded in any given year, also known as the 100-year flood.

Base flood elevation. The highest water surface elevation anticipated at any given location during the base flood.

Basement. Any area of a building having its floor subgrade below ground level on all sides.

Building. See "structure".

Community development department. The county department, comprised of the development review division; the zoning, building and licensing division; the county planner; and the code enforcement division.

County. The board of commissioners of Coweta County, Georgia.

Department. The Community Development Department as defined herein.

Development. Any man-made change to improved or unimproved real estate including, but not limited to, buildings or other structures, mining, dredging, filling, clearing, grubbing, grading, paving, any other installation of impervious cover, excavation or drilling operations or storage of equipment or materials.

Director. The Community Development Director, or their designee.

Elevated building. A non-basement building which has its lowest elevated floor raised above the ground level by foundation walls, shear walls, posts, piers, pilings, or columns adequately anchored so as not to impair the structural integrity of the building during a base flood event.

Existing construction. Any structure for which the "start of construction" commenced before August 2, 1982.

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 either final site grading or the pouring of concrete pads) is completed before August 2, 1982.

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).

FEMA. The Federal Emergency Management Agency.

Flood or flooding. 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 Insurance Rate Map or FIRM. An official map of a community, issued by FEMA, delineating the areas of special flood hazard and/or risk premium zones applicable to the community.

Flood Insurance Study or FIS. The official report by FEMA providing an examination, evaluation and determination of flood hazards and corresponding flood profiles and water surface elevations of the base flood.

Floodplain or flood-prone area. Any land area susceptible to flooding.

Floodproofing. 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 or regulatory floodway. The channel of a stream, river, or other watercourse and the adjacent areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.

Functionally dependent use. A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities.

Future-conditions flood. The flood having a one percent chance of being equaled or exceeded in any given year based on future-conditions hydrology. Also known as the 100-year future-conditions flood.

Future-conditions flood elevation. The highest water surface elevation anticipated at any given location during the future-conditions flood.

Future-conditions floodplain. Any land area susceptible to flooding by the future-conditions flood.

Future-conditions hydrology. The flood discharges associated with projected land-use conditions based on a community's zoning maps, comprehensive land-use plans, and/or watershed study projections, and without consideration of projected future construction of stormwater management (flood detention) structures or projected future hydraulic modifications within a stream or other waterway, such as bridge and culvert construction, fill, and excavation.

Highest adjacent grade. The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

Historic structure. 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 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 by communities with historic preservation programs that have been certified either:

i.

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

ii.

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

Land development. Any land change, including, but not limited to, clearing, digging, grubbing, stripping, removal of vegetation, dredging, grading, excavating, transporting and filling of land, construction, paving and any other installation of impervious cover.

Land development project. A discrete land development undertaking.

Lowest floor. The lowest floor of the lowest enclosed area, including basement. An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area, 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 article.

Manufactured home. A structure, transportable in one or more sections, which is built on a permanent chassis and is designed to be used with or without a permanent foundation when attached to the required utilities. The term includes any structure commonly referred to as a "mobile home" regardless of the date of manufacture. The term also includes parked trailers, travel trailers and similar transportable structures placed on a site for 180 consecutive days or longer and intended to be improved property. The term does not include a "recreational vehicle."

Mean sea level. The datum to which base flood elevations shown on a community's Flood Insurance Rate Map (FIRM) are referenced. For purposes of this article the term is synonymous with National Geodetic Vertical Datum (NGVD) of 1929 or the North American Vertical Datum (NAVD) of 1988.

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. Any structure for which the "start of construction" commenced on or after August 2, 1982 and includes any subsequent improvements to the structure.

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 2, 1982.

Owner. The legal or beneficial owner of a site, including, but not limited to, a mortgagee or vendee in possession, receiver, executor, trustee, lessee or other person, firm or corporation in control of the site.

Permit. The permit issued by the community development department to the applicant which is required prior to undertaking any development activity on a site.

Recreational vehicle. A vehicle which is:

(a)

Built on a single chassis;

(b)

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

(c)

Designed to be self-propelled or permanently towable by 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.

Regulatory flood. The flood standard equal to or higher than the base flood. The regulatory flood is defined as the flood having a one percent chance of being equaled or exceeded in any given year. Only structural stormwater control facilities that can be shown will remain (i.e., owned by Coweta County) and are large enough to be included in the hydrograph routings shall be considered when determining the flood peak.

Regulatory flood elevation. The flood standard equal to or higher than the base flood elevation. The regulatory flood elevation is defined as the highest water surface anticipated at any given point during the regulatory flood.

Repetitive loss. Flood related damage sustained by a structure on two separate occasions during a ten-year period for which the cost of repairs at the time of each such flood event, on the average, equals or exceeds 25 percent of the market value of the structure before the damage occurred.

Site. The parcel of land being developed, or the portion thereof on which the development project is located.

Start of construction. Includes substantial improvement, and means the date the permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of the structure on a site, such as the pouring of slabs or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or 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 accessory buildings, such as garages or sheds not occupied as dwelling units or part of the main structure. 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. A walled and roofed building (including a gas or liquid storage tank), that is principally above ground, or a manufactured home.

Subdivision. The division of a tract or parcel of land resulting in one or more new lots or building sites for the purpose, whether immediately or in the future, of sale, other transfer of ownership or land development, and includes divisions of land resulting from or made in connection with the layout or development of a new street or roadway or a change in an existing street or roadway.

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. This term also includes repetitive loss.

Substantial improvement. Any reconstruction, rehabilitation, addition, or other improvement to a structure, taking place during a 10-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 means (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 repair work performed. The term does not, however, include those improvements of a structure required to comply with existing state or local health, sanitary, or safety code specifications which are the minimum necessary to assure safe living conditions, which have been identified by the code enforcement official. The term does also not include 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 park or subdivision. 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. A grant of relief from the requirements of this article.

Violation. The failure of a structure or other development to be fully compliant with the requirements of this article. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this article is presumed to be in violation until such time as that documentation is provided.

(Ord. No. 029-15, 8-4-15; Ord. No. 006-20, 1-7-20)

223.1.

Permit application requirements. No owner or developer shall perform any development activities on a site where an area of special flood hazard or area of future-conditions flood hazard is located without first meeting the requirements of this article prior to commencing the proposed activity.

Unless specifically excluded by this article, any landowner or developer desiring a permit for a development activity shall submit a permit application and all supporting documentation on a form provided by the department for that purpose.

No permit will be issued for the construction of buildings within the area of special flood hazard or area of future conditions flood hazard.

No permit will be approved for any development activities that do not meet the requirements, restrictions and criteria of this article.

223.2.

Floodplain management plan requirements. An application for a development project with any work proposed within the area of special flood hazard or area of future-conditions flood hazard located on the site shall include a floodplain management/flood damage prevention plan. This plan shall include the following items:

(1)

Site plan drawn to scale, which includes but is not limited to:

(a)

Existing and proposed elevations of the area in question and the nature, location and dimensions of existing and/or proposed structures, earthen fill placement, amount and location of excavation material, and storage of materials or equipment;

(b)

Proposed locations of water supply, sanitary sewer, and utilities;

(c)

Proposed locations of drainage and stormwater management facilities;

(d)

Proposed grading plan;

(e)

Base flood elevations and future-conditions flood elevations;

(f)

Boundaries of the base flood floodplain and future-conditions floodplain;

(g)

If applicable, the location of the floodway; and

(h)

Certification of the above by a licensed professional engineer or surveyor.

(2)

Description of the extent to which any watercourse will be altered or relocated as a result of the proposed development;

(3)

Hard copies and digital files of computer models, if any, copies of work maps, comparison of pre- and post-development conditions base flood elevations, future-conditions flood elevations, flood protection elevations, special flood hazard areas and regulatory floodways, flood profiles and all other computations and other information similar to that presented in the FIS;

(4)

Copies of all applicable state and federal permits necessary for proposed development, including, but not limited to, permits required by Section 404 of the Federal Water Pollution Control Act, Amendments of 1972, 33 U.S.C. 1334; and

(5)

All appropriate certifications required under this article.

The approved floodplain management/flood damage prevention plan shall contain certification by the applicant that all development activities will be done according to the plan or previously approved revisions. Any and all development permits and/or use and occupancy certificates or permits may be revoked at any time if the construction and development activities are not in strict accordance with approved plans.

223.3.

Construction stage submittal requirements. For all new construction and substantial improvements on sites containing an area of special flood hazard or area of future conditions flood hazard, the permit holder shall provide to the department a certified elevation certificate with site survey plan including the lowest floor elevation for the proposed structure. A final elevation certificate and site survey plan shall be provided after completion of construction including final grading of the site. Any lowest floor certification made relative to mean sea level shall be prepared by or under the direct supervision of a licensed land surveyor or professional engineer and certified by same.

Any work undertaken prior to approval of these certifications shall be at the permit holder's risk. The director 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 work being allowed to proceed. Failure to submit certification or failure to make the corrections required hereby shall be cause to issue a stop work order for the project.

223.4.

Duties and responsibilities of the administrator. Duties of the transportation and engineering director shall include, but shall not be limited to:

(1)

Review all development applications and permits to assure that the requirements of this article have been satisfied and to determine whether proposed building sites will be reasonably safe from flooding;

(2)

Review proposed development to assure that all necessary permits have been received from those governmental agencies from which approval is required by federal or state law, including, but not limited to, Section 404 of the Federal Water Pollution Control Act, Amendments of 1972, 33 U.S.C. 1334;

(3)

When base flood elevation data or floodway data have not been provided, then the director shall require the applicant to obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other sources in order to meet the provisions of sections 4 and 5;

(4)

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 and substantially improved structures;

(5)

Review and record the actual elevation, in relation to mean sea level to which any substantially improved structures have been floodproofed;

(6)

Notify affected adjacent communities and the Georgia Department of Natural Resources (GA DNR) prior to any alteration or relocation of a watercourse and submit evidence of such notification to the Federal Emergency Management Agency (FEMA);

(7)

Where interpretation is needed as to the exact location of boundaries of the areas of special flood hazard (e.g., where there appears to be a conflict between a mapped boundary and actual field conditions) the director 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 article. Where floodplain elevations have been defined, the floodplain shall be determined based on flood elevations rather than the area graphically delineated on the floodplain maps;

(8)

All records pertaining to the provisions of this article shall be maintained in the office of the director and shall be open for public inspection;

(9)

Coordinate all FIRM revisions with the GA DNR and FEMA; and

(10)

Review variance applications and make recommendations to the Coweta board of zoning appeals and the Coweta County board of commissioners.

(Ord. No. 029-15, 8-4-15; Ord. No. 006-20, 1-7-20)

224.1.

Definition of floodplain boundaries.

(1)

Studied "A" zones, as identified in the FIS, shall be used to establish base flood elevations whenever available.

(2)

For all streams with a drainage area of 100 acres or greater, the future-conditions flood elevations shall be provided by the department. If future-conditions elevation data is not available from the department, then it shall be determined by a licensed professional engineer using a method approved by FEMA and the director.

224.2.

Definition of floodway boundaries. The width of a floodway shall be determined from the FIS or FEMA approved flood study. For all streams with a drainage area of 100 acres or greater, the regulatory floodway shall be provided or approved by the department. If floodway data is not available from the department, it shall be determined by a licensed professional engineer using a method approved by FEMA and the director.

224.3.

General standards.

(1)

No development shall be allowed within any area of special flood hazard or area of future-conditions flood hazard that could result in any of the following:

(a)

Raising the base flood elevation or future-conditions flood elevation equal to or more than 0.01 foot;

(b)

Reducing the base flood or future-conditions flood storage capacity;

(c)

Changing the flow characteristics as to the depth and velocity of the waters of the base flood or future-conditions flood as they pass both the upstream and the downstream boundaries of the development area; or

(d)

Creating hazardous or erosion-producing velocities, or resulting in excessive sedimentation.

(2)

Any development within any area of special flood hazard or area of future-conditions flood hazard allowed under subsection 224.3(1) shall also meet the following conditions:

(a)

Compensation for storage capacity shall occur between the average ground water table elevation and the base flood elevation for the base flood, and between the average ground water table elevation and the future-condition flood elevation for the future-conditions flood, and lie either within the boundaries of ownership of the property being developed and shall be within the immediate vicinity of the location of the encroachment. Acceptable means of providing required compensation include lowering of natural ground elevations within the floodplain, or lowering of adjoining land areas to create additional floodplain storage. In no case shall any required compensation be provided via bottom storage or by excavating below the elevation of the natural (pre-development) stream channel unless such excavation results from the widening or relocation of the stream channel;

(b)

Cut areas shall be stabilized and graded to a slope of no less than two percent;

(c)

Effective transitions shall be provided such that flow velocities occurring on both upstream and downstream properties are not increased or decreased;

(d)

Verification of no-rise conditions (less than 0.01 foot), flood storage volumes, and flow characteristics shall be provided via a step-backwater analysis meeting the requirements of subsection 224.4;

(e)

Public utilities and facilities, such as water, sanitary sewer, gas, and electrical systems, shall be located and constructed to minimize or eliminate infiltration or contamination from flood waters; and

(f)

Any significant physical changes to the base flood floodplain shall be submitted as a conditional letter of map revision (CLOMR) or conditional letter of map amendment (CLOMA), whichever is applicable. The CLOMR submittal shall be subject to approval by the director using the FEMA community concurrence forms before forwarding the submittal package to FEMA for final approval. The responsibility for forwarding the CLOMR to FEMA and for obtaining the CLOMR approval shall be the responsibility of the applicant. Within six months of the completion of development, the applicant shall submit as-built surveys and plans for a final letter of map revision (LOMR).

224.4.

Engineering study requirements for floodplain encroachments. An engineering study is required, as appropriate to the proposed development activities on the site, whenever a development proposes to disturb any land within the future-conditions floodplain, except for a residential single-lot development on streams without established base flood elevations and floodways. This study shall be prepared by a licensed professional engineer and made a part of the application for a permit. This information shall be submitted to and approved by the director prior to the approval of any permit which would authorize the disturbance of land located within the future-conditions floodplain. Such study shall include:

(1)

Description of the extent to which any watercourse or floodplain will be altered or relocated as a result of the proposed development;

(2)

Step-backwater analysis, using a FEMA-approved methodology approved by the director. Cross-sections (which may be supplemented by the applicant) and flow information will be obtained whenever available. Computations will be shown duplicating FIS results and will then be rerun with the proposed modifications to determine the new base flood profiles, and future-conditions flood profiles;

(3)

Floodplain storage calculations based on cross-sections (at least one every 100 feet) showing existing and proposed floodplain conditions to show that base flood floodplain and future-conditions floodplain storage capacity would not be diminished by the development;

(4)

The study shall include a preliminary plat, grading plan, or site plan, as appropriate, which shall clearly define all future-conditions floodplain encroachments.

224.5.

Floodway encroachments. Located within areas of special flood hazard are areas designated as floodway. A floodway may be an extremely hazardous area due to velocity flood waters, debris or erosion potential. In addition, floodways 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:

(1)

Encroachments are prohibited, including earthen fill, new construction, substantial improvements or other development within the regulatory floodway, except for activities specifically allowed in [subsection] (2) below.

(2)

Encroachments for bridges, culverts, roadways and utilities within the regulatory floodway may be permitted provided it is demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the encroachment will not result in any increase to the pre-project base flood elevations, floodway elevations, or floodway widths during the base flood discharge. A licensed professional engineer must provide supporting technical data and certification thereof; and

(3)

If the applicant proposes to revise the floodway boundaries, no permit authorizing the encroachment into or an alteration of the floodway shall be issued by the department until an affirmative conditional letter of map revision (CLOMR) is issued by FEMA or a no-rise certification is approved by the director.

224.6.

Maintenance requirements. The property owner shall be responsible for continuing maintenance as may be needed within an altered or relocated portion of a floodplain on the property so that the flood-carrying or flood storage capacity is maintained. The board of commissioners may direct the property owner (at no cost to the county) to restore the flood-carrying or flood storage capacity of the floodplain if the owner has not performed maintenance as required by the approved floodplain management plan on file with the department.

(Ord. No. 029-15, 8-4-15; Ord. No. 006-20, 1-7-20)

In all areas of special flood hazard and areas of future-conditions flood hazard the following provisions apply:

225.1.

General standards.

(1)

New construction and substantial improvements shall not be allowed within the limits of the future-conditions floodplain, unless all requirements of subsections 224.3, 224.4 and 224.5 have been met;

(2)

All proposed development shall include adequate drainage and stormwater management facilities per the requirements of the code of ordinances and/or the zoning and development ordinance to reduce exposure to flood hazards;

(3)

New and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system;

(4)

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;

(5)

On-site waste disposal systems shall be located and constructed to avoid impairment to, or contamination from, such systems during flooding;

(6)

Other public utilities such as gas and electric systems shall be located and constructed to avoid impairment to them, or public safety hazards from them, during flooding;

(7)

Any alteration, repair, reconstruction or improvement to a structure which is not compliant with the provisions of this article, shall be undertaken only if the non-conformity is not furthered, extended or replaced;

(8)

If the proposed development is located in multiple flood zones, or multiple base flood elevations cross the proposed site, the higher or more restrictive base flood elevation or future condition elevation and development standards shall take precedence;

(9)

Subdivision proposals and other proposed new development, including manufactured home parks or subdivisions, shall be designed to prevent flooding:

(a)

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

(b)

All public utilities and facilities, such as sewer, gas, electrical, and water systems shall be located and constructed to minimize or eliminate flood damage; and

(c)

Adequate drainage shall be provided to reduce exposure to flood hazards, including localized flooding.

225.2.

Building standards for structures and buildings.

(1)

Residential buildings.

(a)

New construction. New construction of residential structures shall not be allowed within the limits of the future-conditions floodplain. All new construction on property containing an area of special flood hazard shall have the lowest floor, including basement, elevated no lower than three feet above the base flood elevation or one foot above the future-conditions flood elevation, whichever is higher.

(b)

Substantial improvements. Substantial improvement of any residential structure shall have the lowest floor, including basement, elevated no lower than three feet above the base flood elevation or one foot above the future-conditions flood elevation, whichever is higher.

(2)

Non-residential buildings.

(a)

New construction. New construction of principal non-residential structures shall not be allowed within the limits of the future-conditions floodplain. All new construction on property containing an area of special flood hazard shall have the lowest floor, including basement, elevated no lower than one foot above the base flood elevation or at least as high as the future-conditions flood elevation, whichever is higher.

(b)

Substantial improvements. Substantial improvement of any principal non-residential structure located in A1-30, AE, or AH zones, may be authorized by the director to be elevated. Substantial improvements shall have the lowest floor, including basement, elevated no lower than one foot above the base flood elevation or at least as high as the future-conditions flood elevation, whichever is higher.

(3)

Accessory structures and facilities. Accessory structures and facilities that do not have walls (i.e., pole barns, sheds, gazebos, detached garages, recreational facilities and other similar non-habitable structures and facilities) which meet the requirements of subsections 224.3, 224.4 and 224.5 and are permitted to be located within the limits of the future-conditions floodplain shall be constructed of flood-resistant materials and be anchored to prevent flotation, collapse and lateral movement of the structure.

(4)

Standards for recreational vehicles. All recreational vehicles placed on sites within the future conditions flood hazard area must be on the site for fewer than 30 consecutive days and 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).

(5)

Standards for manufactured homes. New manufactured homes shall not be allowed to be placed within the limits of the future-conditions floodplain. All new construction and substantial improvement shall have the lowest floor, including basement, elevated no lower than three feet above the base flood elevation or one foot above the future-conditions flood elevation, whichever is higher.

225.3.

Building standards for structures and buildings authorized adjacent to the future-conditions floodplain.

(1)

Residential buildings. For new construction and substantial improvement of any residential building or manufactured home, the elevation of the lowest floor, including basement and access to the building, shall be at least three feet above the base flood elevation or one foot above the future-conditions flood elevation, whichever is higher.

(2)

Non-residential buildings. For new construction and substantial improvement of any principal non-residential building, the elevation of the lowest floor, including basement and access to the building, shall be at least one foot above the level of the base flood elevation or at least as high as the future-conditions flood elevation, whichever is higher.

225.4.

Building standards for residential single-lot developments on streams without established base flood elevations and floodway (A-Zones). For a residential single-lot development not part of a subdivision that has areas of special flood hazard, where streams exist but no base flood data have been provided (A-Zones), the director shall review and reasonably utilize any available scientific or historic flood elevation data, base flood elevation and floodway data, or future-conditions flood elevation data available from a federal, state, local or other source, in order to administer the provisions and standards of this article.

If data are not available from any of these sources, the following provisions shall apply:

(1)

No encroachments, including structures or fill material, shall be located within an area equal to twice the width of the stream or 50 feet from the top of the bank of the stream, whichever is greater.

(2)

In special flood hazard areas without base flood or future-conditions flood elevation data, new construction and substantial improvements 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. Should solid foundation perimeter walls be used to elevate the structure, openings sufficient to automatically equalize the hydrostatic flood forces on exterior walls shall be provided in accordance with 44CFR 60.3.c(5).

225.5.

Building standards for areas of shallow flooding (AO-Zones). Areas of special flood hazard 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. In these areas 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 no lower than one foot above the flood depth number in feet 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. Should solid foundation perimeter walls be used to elevate the structure, openings sufficient to automatically equalize the hydrostatic flood forces on exterior walls shall be provided in accordance with 44CFR 60.3.c(5).

(2)

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

225.6.

Standards for subdivisions of land.

(1)

All subdivision proposals shall identify the areas of special flood hazard and areas of future-conditions flood hazard therein and provide base flood elevation data and future-conditions flood elevation data;

(2)

All residential lots in a subdivision proposal shall have sufficient buildable area outside of the future-conditions floodplain such that encroachments into the future-conditions floodplain for residential structures will not be required.

(Ord. No. 029-15, 8-4-15; Ord. No. 006-20, 1-7-20)

The following variance and appeals procedures shall apply to an applicant who has been denied a permit for a development activity, or to an owner or developer who has not applied for a permit because it is clear that the proposed development activity would be inconsistent with the provisions of this article.

(1)

Requests for variances from the requirements of this article shall be submitted to the department after receiving a denial letter from the director. All such requests shall be heard and decided in accordance with procedures set forth under article 28, criteria for variances and conditional uses of the Coweta County Zoning and Development Ordinance.

(2)

Any person adversely affected by any decision of the director shall have the right to appeal such decision to the Coweta County Board of Zoning Appeals as established under article 28 of the Coweta County Zoning and Development Ordinance. Pursuant to article 28, the Coweta County Board of Zoning Appeals shall hold a public hearing and make a recommendation to the Coweta County Board of Commissioners.

(3)

Any person aggrieved by the decision of the Coweta County Board of Commissioners may appeal such decision to the Coweta County Superior Court, as provided in O.C.G.A. § 5-4-1.

(4)

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 issued shall be the minimum necessary to preserve the historic character and design of the structure.

(5)

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.

(6)

Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

(7)

In reviewing such requests, the Coweta County Board of Zoning Appeals and the Coweta County Board of Commissioners shall consider all technical evaluations, relevant factors, and all standards specified in this and other sections of this article.

(8)

Conditions for variances:

(a)

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, or the creation of a nuisance.

(b)

The provisions of this article are minimum standards for flood loss reduction; therefore, any deviation from the standards must be weighed carefully. Variances shall only be issued upon determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

(c)

Any person 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 resulting from the lowest floor elevation being placed below the base flood elevation will be commensurate with the increased risk to life and property, and that such costs may be as high as $25.00 for each $100.00 of insurance coverage provided.

(d)

The director shall maintain the records of all variance actions, both granted and denied, and report them to the Georgia Department of Natural Resources and the Federal Emergency Management Agency upon request.

(9)

Any person requesting a variance shall, from the time of the request until the time the request is acted upon, submit such information and documentation as the Coweta County Board of Commissioners and Coweta Board of Zoning Appeals shall deem necessary for the consideration of the request.

(10)

Upon consideration of the factors listed above and the purposes of the ordinance from which this article derives, the Coweta County Board of Zoning Appeals and the Coweta County Board of Commissioners may attach such conditions to the granting of variances as they deem necessary or appropriate, consistent with the purposes of this article.

(11)

Variances shall not be issued "after the fact."

(Ord. No. 029-15, 8-4-15; Ord. No. 006-20, 1-7-20)

Any action or inaction which violates the provisions of this article or the requirements of an approved stormwater management plan or permit, may be subject to the enforcement actions outlined in this section. Any such action or inaction which is continuous with respect to time is deemed to be a public nuisance and may be abated by injunctive or other equitable relief. The imposition of any of the penalties described below shall not prevent such equitable relief.

227.1.

Notice of violation. If Coweta County determines that an applicant or other responsible person has failed to comply with the terms and conditions of a permit, an approved stormwater management plan or the provisions of this article, it shall issue a written notice of violation to such applicant or other responsible person. Where a person is engaged in activity covered by this article without having first secured a permit therefor, the notice of violation shall be served on the owner or the responsible person in charge of the activity being conducted on the site.

The notice of violation shall contain:

(1)

The name and address of the owner or the applicant or the responsible person;

(2)

The address or other description of the site upon which the violation is occurring;

(3)

A statement specifying the nature of the violation;

(4)

A description of the remedial measures necessary to bring the action or inaction into compliance with the permit, the stormwater management plan or this article and the date for the completion of such remedial action;

(5)

A statement of the penalty or penalties that may be assessed against the person to whom the notice of violation is directed; and

(6)

A statement that the determination of violation may be appealed to the Coweta County Board of Commissioners by filing a written notice of appeal within 30 days after the notice of violation.

227.2.

Penalties. In the event the remedial measures described in the notice of violation have not been completed by the date set forth for such completion in the notice of violation, any one or more of the following actions or penalties may be taken or assessed against the person to whom the notice of violation was directed. Before taking any of the following actions or imposing any of the following penalties, Coweta County shall first notify the applicant or other responsible person in writing of its intended action, and shall provide a reasonable opportunity, of not less than ten days (except, that in the event the violation constitutes an immediate danger to public health or public safety, 24 hours' notice shall be sufficient) to cure such violation. In the event the applicant or other responsible person fails to cure such violation after such notice and cure period, Coweta County may take any one or more of the following actions or impose any one or more of the following penalties.

(1)

Stop work order. The county may issue a stop work order which shall be served on the applicant or other responsible person. The stop work order shall remain in effect until the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violation or violations described therein, provided the stop work order may be withdrawn or modified to enable the applicant or other responsible person to take the necessary remedial measures to cure such violation or violations.

(2)

Withhold certificate of occupancy. The county may refuse to issue a certificate of occupancy for the building or other improvements constructed or being constructed on the site until the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations described therein.

(3)

Suspension, revocation or modification of permit. The county may suspend, revoke or modify the permit authorizing the development project. A suspended, revoked or modified permit may be reinstated after the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations described therein, provided such permit may be reinstated (upon such conditions as the county may deem necessary) to enable the applicant or other responsible person to take the necessary remedial measures to cure such violations.

(4)

Civil penalties. In the event the applicant or other responsible person fails to take the remedial measures set forth in the notice of violation or otherwise fails to cure the violations described therein within ten days, or such greater period as Coweta County shall deem appropriate (except, that in the event the violation constitutes an immediate danger to public health or public safety, 24 hours' notice shall be sufficient) after Coweta County has taken one or more of the actions described above, Coweta County may impose a penalty not to exceed $1,000.00 (depending on the severity of the violation) for each day the violation remains unremedied after receipt of the notice of violation.

(5)

Criminal penalties. For intentional and flagrant violations of this article, Coweta County may issue a citation to the applicant or other responsible person, requiring such person to appear in magistrate court to answer charges for such violation. Upon conviction, such person shall be punished by a fine not to exceed $1,000.00 or imprisonment for 60 days or both. Each act of violation and each day upon which any violation shall occur shall constitute a separate offense.

(Ord. No. 029-15, 8-4-15)

Dams, provided they are constructed according to specifications of the United States Department of Agriculture (USDA) — Natural Resource Conservation Service (NRCS), or Agencies of the Department of Natural Resources (Environmental Protection Division), the U.S. Army Corps of Engineers and Coweta County.

(A)

Dams. Any land disturbing activity that involves a property, which is proposed to contain a dam, shall comply with the provisions of this article and the provisions contained in article 6, section 66 of the subdivision regulations.

(1)

New dams which become subject to the requirements of the Georgia Safe Dams Act and Rules for Dam Safety, which are proposed to be 25 feet or more in height or proposed to have an impounding capacity of 100 acre-feet or more at maximum water storage elevation or otherwise defined by the Georgia Safe Dams Act shall be subject to the following:

(a)

The owner of any new dam in which development exists within the proposed breach zone shall be subject to the requirements of the Georgia Safe Dams Act and Rules for Dam Safety adopted by the Georgia Department of Natural Resources. The owner shall obtain necessary approvals and permits from the Environmental Protection Division of the Georgia Department of Natural Resources for the project and the dam prior to securing a development permit from the department. The owner of any new dam which development does not exist within the proposed breach zone shall submit four copies of the construction plans to the department for review of the project and the dam prior to securing a development permit.

(b)

If the owner elects to construct the new dam according to the design standards for new dams as contained in the Rules for Dam Safety, then new development shall be permitted within the dam breach zone. However, the dam shall meet the design standards for new dams as contained in Rules for Dam Safety if development currently exists or is proposed in the dam breach zone.

(c)

If the owner elects not to construct the new dam to the design standards for new dams as contained in the Rules for Dam Safety, the four copies of a dam breach analysis for the dam shall be submitted along with four copies of the construction plans for review prior to securing a development permit from the department. The design engineer shall utilize the computer model entitled "DAMBRK" for the dam breach analysis.

(d)

Should the new dam not meet the design standards for new dams as contained in the Rules for Dam Safety, only the following uses and structures shall be permitted within the dam breach easement:

i.

Agriculture, which requires no structures for human habitation within the dam breach zone including forestry, livestock raising and agricultural forestry access roads.

ii.

Fences.

iii.

Outdoor advertising signs provided the signs meet the minimum requirements as specified under the Coweta County Sign Ordinance.

iv.

Roads, driveways and parking areas.

(e)

Utility poles, towers, pipelines, water treatment outfalls and facilities or other similar facilities and structures.

(2)

For any new dam proposed not to meet the design for new dams as contained in the Rules for Dam Safety, the owner shall obtain a dam breach easement, recorded with the clerk of the superior court, from any off-site property owner where it is proposed for the dam breach zone to extend off the property where the dam is being constructed. The owner shall also cause a dam breach easement to be recorded upon the property being developed.

(3)

Prior to recording of a plot plan or at completion of a building foundation, an as-built certification from a registered professional shall be submitted to the department. The certification shall state that the dam is constructed according to the provisions of these regulations as well as authorized construction plans.

(B)

Quality assurance plan.

1.

When an existing Category II Dam may be reclassified to a Category I Dam because of proposed development downstream of the dam, the developer shall provide to the governing authority the following information for transmittal and review by the Safe Dams Program, prior to issuing the permit for the development:

i.

Location of the Category II Dam and the proposed development;

ii.

A surveyed cross section as required by the Georgia Safe Dams Act of the stream valley at the location of the proposed development including proposed finished floor elevations; and

iii.

A dam breach analysis using the "DAMBRK" computer model to establish the height of the flood wave in the downstream floodplain. The dambreak modeling shall be completed according to the safe dams program quality assurance program by a qualified registered engineer.

(C)

Inventory.

(1)

Inventory information regarding the Category II Dams within Coweta County may be obtained through the Georgia Safe Dams Program.

(2)

Fences, provided there is no material obstruction to the free flow of water; agricultural fencing, providing water gaps, are allowed.

(3)

Parking areas, provided there would be proper drainage of the parking area, that it does not obstruct the free flow of floodwaters, and meets the approval of Coweta County.

(4)

Roads, provided adequate capacity for the free flow of floodwaters is provided by means of culverts or bridges, with designs approved by the Georgia Department of Transportation and Coweta County, and further that in no case will a culvert be located at an elevation higher than the original streambed.

(5)

Public, semi-public, private and commercial recreation uses that require no structures within the floodplain.

(6)

Greenbelts or yards.

(7)

Public utility poles, towers, pipelines and sewage treatment outfalls.

(Ord. No. 035-08, 11-18-08; Ord. No. 006-20, 1-7-20)