(a)

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

(b)

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

(c)

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.

(d)

These flood losses are increased by the cumulative effect of obstructions in floodplains causing increases in flood heights and velocities, and by the occupancy in flood hazard areas by uses vulnerable to floods or hazardous to other lands which are inadequately elevated, flood proofed, or otherwise unprotected from flood damage.

(e)

Article IX, section II of the constitution of the state 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, the city does enact this article and establish 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.

(ULDC 2005, § 9-15-1-1; Ord. No. 2007-53, § I, 11-20-2007; Ord. No. 2020-42, § XXXII, 11-3-2020)

It is the purpose of this article 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, stream bank and stream corridor protection, wetlands preservation and ecological and environmental protection by provisions designed to:

(1)

Restrict or prohibit uses which are dangerous to health, safety and property due to flooding or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities;

(2)

Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

(3)

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

(4)

Control filling, grading, dredging and other development which may increase erosion or flood damage;

(5)

Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands; and

(6)

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

(ULDC 2005, § 9-15-1-2; Ord. No. 2007-53, § I, 11-20-2007; Ord. No. 2020-42, § XXXII, 11-3-2020)

The objectives of this article are to:

(1)

Protect human life and health;

(2)

Minimize expenditure of public money for costly flood control projects;

(3)

Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

(4)

Minimize prolonged business interruption;

(5)

Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, and streets and bridges located in floodplains;

(6)

Help maintain a stable tax base by providing for the sound use and development of floodprone areas in such a manner as to minimize flood blight areas; and

(7)

Ensure that potential home buyers are notified that property is in a flood area.

(ULDC 2005, § 9-15-1-3; Ord. No. 2007-53, § I, 11-20-2007; Ord. No. 2020-42, § XXXII, 11-3-2020)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Accessory structure or facility means any structure under the same ownership as the principal structure and the use of which is incidental to the use of the primary structure.

Addition means any walled and roofed expansion to the perimeter or height of a building.

Adjacent means areas located within the defined horizontal distance from the future-conditions floodplain boundary that are at or lower in elevation than either three feet above the base flood elevation or one foot above the future-conditions flood elevation, whichever is higher, unless the area is hydraulically independent (meaning absolutely no connection to the flooding source such as through pipes, sewer laterals, down drains, foundation drains, ground seepage, overland flow, gated or valved pipes, excavated and backfilled trenches, etc., with no fill or other manmade barriers creating the separation).

Appeal means a request for a review of the floodplain administrator's interpretation of any provision of this article by the planning and appeals board.

Area of shallow flooding means a designated AO or AH zone on the city's flood insurance rate map (FIRM) with a one percent or greater chance of flooding to an average depth of 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. Such flooding is characterized by ponding or sheet flow.

Area of special flood hazard means the land subject to a one percent or greater chance of flooding in any given year. This includes all floodplain and floodprone areas at or below the base flood elevation designated as A, A1-30, A-99, AE, AO, AH, and AR on the community's flood insurance rate map (FIRM), all floodplain and floodprone areas at or below the future conditions flood elevation, and all other floodprone areas as referenced in section 9-15-1-6. All streams with a drainage area of 100 acres or greater shall have the area of special flood hazard delineated.

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

Basement means any area of a building having its floor subgrade (below ground level) on all sides.

Breakaway or shear wall means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or the supporting foundation system.

Building has the same meaning as the term "structure."

Conditional letter of mapping revision (CLOMR) means FEMA's comment on a proposed project that would, upon construction, affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodway, the effective base flood elevations (BFEs), or the special flood hazard area (SFHA). The letter does not revise an effective NFIP map, it indicates whether the project, if bult as proposed, would be recognized by FEMA.

Development means any manmade 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.

Elevated building means 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.

Existing construction means any structure for which the start of construction commenced before December 17, 1974.

Existing manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before December 17, 1974.

Expansion to an existing manufactured home park or subdivision means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

FEMA means the Federal Emergency Management Agency.

Flood or flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from the:

(1)

Overflow of inland or tidal waters; or

(2)

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

Flood hazard boundary map (FHBM) means an official map of a community, issued by the Federal Emergency Management Agency, where the boundaries of the areas of special flood hazard have been defined as Zone A.

Flood insurance rate map (FIRM) means an official map of a community, on which the Federal Emergency Management Agency has delineated the areas of special flood hazard and/or the risk premium zones applicable to the community.

Flood insurance study (FIS) means the official report provided by FEMA providing an examination, evaluation and determination of flood hazards and corresponding flood profiles and water surface elevations of the base flood.

Floodplain means any land area susceptible to flooding. The term "floodplain" is also called "floodprone area."

Floodproofing means any combination of structural and nonstructural 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 means 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.

Floor means the top surface of an enclosed area in a building, including basement, i.e., top of slab in concrete slab construction or top of wood flooring in wood frame construction. The term "floor" does not include the floor of a garage used solely for parking vehicles.

Functionally dependent use means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term "functionally dependent use" only includes docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, shipbuilding, ship repair, or seafood processing facilities. The term "functionally dependent use" does not include long-term storage or related manufacture, sales, or service facilities.

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

Future conditions floodplain means any land area susceptible to flooding by the future conditions flood.

Future conditions hydrology means the flood discharges associated with projected land-use conditions based on a community's zoning map, 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 means the highest natural elevation of the ground surface, prior to construction, next to the proposed walls of a structure.

Historic structure means any structure that is:

(1)

Listed individually in the National Register of Historic Places (a listing maintained by the U.S. Department 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 by states with historic preservation programs which have been approved by the Secretary of the Interior; or

(4)

Individually listed on a local inventory of historic places 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.

Letter of mapping revision (LOMR) means FEMA's official modification to an effective flood insurance rate map (FIRM), or flood boundary and floodway map (FBFM), or both. letter of map revisions are generally based on the implementation of physical measures that affect the hydrologic or hydraulic characteristics of a flooding source and this result in the modification of the existing regulatory floodway, the effective base flood elevations (BFEs), or the special flood hazard area (SFHA). The LOMR officially revises the flood insurance rate map (FIRM) or flood boundary and floodway map (FBFM), and sometimes the flood insurance study (FIS) report, and when appropriate, includes a description of the modifications. The LOMR is generally accompanied by an annotated copy of the affected portions of the FIRM, FBFM, or FIS report.

Lowest floor means the lowest floor of the lowest enclosed area, including basement. An unfinished or flood-resistant enclosure, useable solely for parking of vehicles, building access, or storage, in an area other than a basement, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of other provisions of this Code.

Manufactured home means a structure, transportable in one or more sections, built on a permanent chassis and designed to be used with or without a permanent foundation when attached to the required utilities. The term "manufactured home" includes any structure commonly referred to as a "mobile home" regardless of the date of manufacture. The term "manufactured home" 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 "manufactured home" does not include a recreational vehicle.

Mean sea level means 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 "means sea level" is synonymous with the 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, means a vertical control used as a reference for establishing varying elevations within the floodplain.

New construction means any structure for which the start of construction commenced on or after December 17, 1974.

New manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after December 17, 1974.

North American Vertical Datum (NAVD) of 1988 means a vertical control used as a reference for establishing varying elevations within the floodplain.

Owner means 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 means the permit issued by the director of community and economic development to the applicant which is required prior to undertaking any development activity.

Recreational vehicle means a vehicle which is:

(1)

Built on a single chassis;

(2)

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

(3)

Designed to be self-propelled or permanently towable by 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.

Repetitive loss means flood-related damages 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 means the parcel of land being developed, or the portion thereof on which the development project is located.

Start of construction means the initiation of new construction or a substantial improvement, as follows:

(1)

For new construction. The date the development permit was issued, provided the actual start of construction, repair, reconstruction, addition placement, or improvement was within 180 days of the permit date. The actual start of construction either means the first placement of permanent construction of a building, including a manufactured home, on a site, such as the pouring of slabs or footings, installation of piles, 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 land preparation, such as clearing, grading and filling, nor does it include the installation of streets and/or walkways; the 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 not part of the main building.

(2)

For a substantial improvement. The date the building permit was issued, provided the actual start of construction was within 180 days of the permit date. The actual start of construction means the first alteration of any wall, ceiling, floor or other structural parts of a building, whether or not that alteration affects the external dimensions of the building.

Structure means a walled and roofed building that is principally aboveground, a manufactured home, a gas or liquid storage tank, or other manmade facilities or infrastructures.

Subdivision means 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 means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damage condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. The term "substantial damage" also includes repetitive loss.

Substantial improvement means any repairs, reconstruction, alteration, or other improvements to a building, taking place during the life of a building, in which the cumulative cost equals or exceeds 50 percent of the market value of the building prior to improvement. The market value of the building means:

(1)

The appraised value of the building prior to the start of the initial repair or improvement; or

(2)

In the case of damage, the value of the building prior to the damage occurring.

The term "substantial improvement" includes structures, which have incurred repetitive loss or substantial damage, regardless of the actual amount of repair work performed. For the purposes of this definition, the term "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 structure. The term "substantial improvement" does not include any project for improvement of a building required to comply with existing state or local health sanitary or safety code specifications which are the minimum necessary to ensure safe living conditions, which have been identified by the code enforcement official, and not solely triggered by an improvement or repair project. The term "substantial improvement" does also not include any alteration of an historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure.

Substantially improved existing manufactured home park or subdivision means 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 means a grant of relief from the requirements of this article which permits construction in a manner otherwise prohibited by this article.

Violation means 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 certificates, or other evidence of compliance required in this article is presumed to be in violation until such time as that documentation is provided.

(ULDC 2005, § 9-15-1-4; Ord. No. 2007-53, § I, 11-20-2007; Ord. No. 2020-42, § XXXII, 11-3-2020)

This article shall apply to all areas of special flood hazard within the city (i.e., floodplain and floodprone areas as defined herein) at or below the base flood elevation or the future conditions flood elevation, whichever is more restrictive (including A and AE on the FIRM), and all new or substantial improvement residential units, all subdivisions, nonresidential structures, manufactured home, recreational vehicles, and utilities located within these areas. In addition, all streams with a drainage area of 100 acres of more have an area of special flood hazard.

(ULDC 2005, § 9-15-1-5; Ord. No. 2007-53, § I, 11-20-2007; Ord. No. 2020-42, § XXXII, 11-3-2020)

The following are adopted by reference:

(1)

The current effective flood insurance study (FIS)with accompanying maps and other supporting data and any revision thereto. For those land areas acquired through annexation, the current effective FIS and data for the county, with accompanying maps and other supporting data and any revision thereto are hereby adopted by reference.

(2)

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

a.

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

b.

Any base flood study authored by a registered professional engineer in the state which has been prepared by FEMA approved methodology and approved by the department of water resources.

(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 floodprone areas include:

a.

Any flood or flood-related study conducted by the U.S. Army Corps of Engineers, the United States Geological Survey, or any other local, state or federal agency applicable to the city; or

b.

Any future-conditions flood study authored by a registered professional engineer in the state which has been prepared by FEMA approved methodology and approved by the department of water resources.

(4)

The repository for public inspection of the FIS, accompanying maps and other supporting data is located at the department of water resources.

(ULDC 2005, § 9-15-1-6; Ord. No. 2007-53, § I, 11-20-2007; Ord. No. 2020-42, § XXXII, 11-3-2020)

In the interpretation and application of this article, all provisions shall be:

(1)

Considered as minimum requirements;

(2)

Liberally construed in favor of the city council; and

(3)

Deemed neither to limit nor repeal any other powers granted under state statutes.

(ULDC 2005, § 9-15-1-7; Ord. No. 2007-53, § I, 11-20-2007; Ord. No. 2020-42, § XXXII, 11-3-2020)

The degree of flood protection required by this section is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. 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 the city or the county or by any officer or employee thereof for any flood damages that result from reliance on this section or any administrative decision lawfully made hereunder.

(ULDC 2005, § 9-15-1-8; Ord. No. 2007-53, § I, 11-20-2007; Ord. No. 2020-42, § XXXII, 11-3-2020)

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 this article 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 impose higher protective standards for human health or the environment shall control.

(ULDC 2005, § 9-15-1-9; Ord. No. 2007-53, § I, 11-20-2007; Ord. No. 2020-42, § XXXII, 11-3-2020)

If the provisions of any section, subsection, paragraph, subdivision or clause of this article 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.

(Ord. No. 2020-42, § XXXII, 11-3-2020)

The director of water resources or designee is hereby appointed floodplain administrator to administer and implement the provisions of this article. The duties of the floodplain administrator, regarding any land within an area of special flood hazard, shall include, but not be limited to:

(1)

Review all development applications and permits to ensure 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 ensure 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 USC 1344;

(3)

When base flood elevation data or floodway data have not been provided, require the applicant to obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source in order to meet the provisions of this article;

(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 or 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)

When floodproofing is utilized for a structure, obtain certification of design criteria from a registered professional engineer or architect;

(7)

Notify affected adjacent communities and the state 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)

Make the necessary interpretation 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). 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;

(9)

Maintain all records pertaining to the provisions of this article in the office of the floodplain administrator that shall be open for public inspection;

(10)

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

(11)

Review variance applications and make recommendations to and the department of community and economic development.

(ULDC 2005, § 9-15-2-1; Ord. No. 2007-53, § I, 11-20-2007; Ord. No. 2020-42, § XXXII, 11-3-2020)

(a)

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.

(b)

Unless specifically excluded by this article, any landowner or developer desiring a permit for a development activity shall submit to the city a land disturbance permit application on a form provided by the city for that purpose.

(c)

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

(ULDC 2005, § 9-15-2-2; Ord. No. 2007-53, § I, 11-20-2007; Ord. No. 2020-42, § XXXII, 11-3-2020)

(a)

No application for a land development project within any area of special flood hazard will be approved unless it includes a floodplain management/flood damage prevention plan (floodplain management plan). This plan shall be in accordance with the following criteria:

(1)

This plan must be submitted with the stamp and signature of a professional engineer (PE) licensed in the state, who will verify that all designs are consistent with the requirements of this article.

(2)

The approved floodplain management plan shall contain certification by the applicant that all land 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 building activities are not in strict accordance with approved plans.

(b)

The floodplain management plan shall include, but not be limited to, the following: plans drawn to scale of the site in question, existing and proposed elevations of the area in question and the nature, location, and dimensions of existing or proposed structures, proposed grading plan, earthen fill placement, amount and location of excavation, storage of materials or equipment, and drainage/stormwater management facilities.

(ULDC 2005, § 9-15-2-3; Ord. No. 2007-53, § I, 11-20-2007; Ord. No. 2020-42, § XXXII, 11-3-2020)

(a)

The following information is required as a part of floodplain management/flood damage prevention plans:

(1)

Site plan drawn to scale, including, but 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.

For all proposed structures, spot ground elevations at building corners and 20-foot or smaller intervals along the foundation footprint, or one-foot contour elevations throughout the building site;

c.

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

d.

The base flood elevation and future-conditions flood elevation;

e.

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

f.

If applicable, the location of the floodway;

g.

Proposed locations of drainage and stormwater management facilities;

h.

Proposed grading plan; and

i.

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

(2)

Building and foundation design detail, including, but not limited to:

a.

Proposed elevation in relation to mean sea level (or highest adjacent grade) of the lowest floor, including basement, of all structures;

b.

For enclosures below the base flood elevation or future-conditions flood elevations, location and total net area of foundation openings as required in this article.

c.

Proposed elevation in relation to mean sea level to which any nonresidential structure will be floodproofed;

d.

Certification that any proposed nonresidential flood proofed structure meets the criteria of this article;

(3)

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

(4)

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 floodway widths, flood profiles and all other computations and other information similar to that presented in the FIS;

(5)

Copies of all necessary permits from 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 USC 1344, be provided and maintained on file; and

(6)

All appropriate certifications required under this article.

(b)

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.

(ULDC 2005, § 9-15-2-4; Ord. No. 2007-53, § I, 11-20-2007; Ord. No. 2020-42, § XXXII, 11-3-2020)

(a)

For all new construction and substantial improvements on sites with a floodplain management/flood damage prevention plan, the permit holder shall provide to the floodplain administrator a certified as-built elevation certificate or floodproofing certificate for nonresidential construction, including the lowest floor elevation or floodproofing level immediately after the lowest floor or floodproofing is completed. A final elevation certificate 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. When floodproofing is utilized for nonresidential structures, said certification shall be prepared by or under the direct supervision of a licensed professional engineer or architect and certified by same using the FEMA floodproofing certificate. This certification shall also include the design and operation/maintenance plan to ensure continued viability of the floodproofing measures.

(b)

Any work undertaken prior to approval of these certifications shall be at the permit holder's risk. The floodplain administrator 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.

(ULDC 2005, § 9-15-2-5; Ord. No. 2007-53, § I, 11-20-2007; Ord. No. 2020-42, § XXXII, 11-3-2020)

A request for variance may be submitted by an applicant who has been denied a permit for development activity or by 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 chapter. A request for variance shall be submitted through the director of community and economic development. All such requests shall be heard and decided in accordance with the procedures set forth in chapters 9-22-6 and/or 9-24-3. At a minimum, such procedures shall include notice to all affected parties and the opportunity to be heard.

(1)

Any person adversely affected by any decision of the director of community and economic development or the floodplain administrator shall have the right to appeal such decision to the planning and appeals board as established by the city council with procedures to be published in writing by the planning and appeals board. At a minimum, such procedures shall include notice to all affected parties and the opportunity to be heard.

(2)

Any person aggrieved by the decision of the planning and appeals board may appeal such decision to a court of competent jurisdiction, as provided in O.C.G.A. § 5-4-1.

(3)

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

(4)

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.

(5)

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

(6)

In reviewing such requests, the city and the planning and appeals board shall consider all technical evaluations, relevant factors, and all standards specified in this and other sections of this article.

(7)

Conditions for variances:

a.

A variance shall be issued only when the requirements of the applicable chapters have been met and there is:

1.

A finding of good and sufficient cause;

2.

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

3.

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 chapter 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; 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.

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 or higher than $25.00 for each $100.00 of insurance coverage provided.

d.

The floodplain administrator shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency upon request.

(8)

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 city and the planning and appeals board shall deem necessary to the consideration of the request.

(9)

Upon consideration of the factors listed above and the purposes of this article, the city and the planning and appeals board may attach such conditions to the granting of variances as they deem necessary or appropriate, consistent with the purposes of this article.

(10)

Variances shall not be issued after the fact.

(ULDC 2005, § 9-15-2-6; Ord. No. 2007-53, § I, 11-20-2007; Ord. No. 2020-42, § XXXII, 11-3-2020)

Enforcement of this chapter shall be as outlined in chapter 9-24-2 and may include:

(1)

Notice of violation. If the department of water resources 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, such department shall issue a written notice of violation to such applicant or other responsible person. Where a person is engaged in activity covered by this chapter 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:

a.

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

b.

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

c.

A statement specifying the nature of the violation;

d.

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

e.

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

f.

A statement that the determination of violation may be appealed to the department of water resources by filing a written notice of appeal within 30 days after the notice of violation.

(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, the department of water resources or community and economic development department 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, the department of water resources may take any one or more of the following actions or impose any one or more of the following penalties:

a.

Administrative penalties.

1.

Stop-work order. The department of water resources or community and economic development department 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 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.

2.

Withhold certificate of occupancy. The community and economic development department 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 community and economic development department 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 department of water resources may deem necessary) to enable the applicant or other responsible person to take the necessary remedial measures to cure such violations.

b.

Civil penalties. In the event the applicant, or otherwise 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 (except, that in the event the violation constitutes and immediate danger to public health or public safety, 24-hours' notice shall be sufficient) after the city has taken one or more of the administrative actions described above, the city may impose a penalty not to exceed $1,000.00 (depending on the severity or the violation) for each day the violation remains unremedied after receipt of the notice of violation.

c.

Criminal penalties. For intentional and flagrant violations or this article, the city may issue a citation to the applicant or other responsible person, requiring such person to appear in the city municipal 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 a violation shall occur shall constitute a separate offense.

(ULDC 2005, § 9-15-2-7; Ord. No. 2007-53, § I, 11-20-2007; Ord. No. 2020-42, § XXXII, 11-3-2020)

(a)

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

(b)

For special flood hazard areas and floodprone areas, the future-conditions flood elevations shall be determined by a registered professional engineer using FEMA approved methodology approved by the floodplain administrator.

(c)

The boundaries or limits of the floodplain shall be within one-half-foot vertical accuracy on the site plan containing existing topographic information.

(ULDC 2005, § 9-15-3-1; Ord. No. 2007-53, § I, 11-20-2007; Ord. No. 2020-42, § XXXII, 11-3-2020)

(a)

The width of a floodway shall be determined from the FIS or FEMA approved flood study. For all streams with a drainage of 100 acres or greater, the floodway shall be provided by the city. If unavailable, then it shall be determined by a registered professional engineer using FEMA approved methodology approved by the floodplain administrator.

(b)

The boundaries or limits of the floodway shall be shown on the (development or stormwater) site plan containing existing topographic information.

(ULDC 2005, § 9-15-3-2; Ord. No. 2007-53, § I, 11-20-2007; Ord. No. 2020-42, § XXXII, 11-3-2020)

(a)

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:

(1)

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

(2)

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

(3)

Changing the flow characteristics of the waters of the base flood or future-conditions flood as they pass both the upstream and the downstream boundaries of the property; or

(4)

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

(b)

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

(1)

Compensation for storage capacity shall occur between the average groundwater table elevation and the base flood elevation for the base flood, and between the average groundwater 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.

(2)

All cut areas are to be graded to a slope of no less than two percent.

(3)

In all cases, effective transitions must be provided such that flow velocities occurring on both upstream and downstream properties are not increased or decreased.

(4)

Verification of no-rise conditions ((0.01) foot or less), flood storage volumes, and flow characteristics shall be provided via a step-backwater analysis meeting the requirements of section 9-15-3-4.

(5)

All proposed development shall have public utilities and facilities, such as sewer, gas, electrical and water system, located and constructed to minimize flood damage.

(6)

Any significant changes or revisions to the flood data adopted herein and shown on the FIRM 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 floodplain administrator using the community consent 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 construction, the applicant shall submit as-built surveys which demonstrate general conformance to the approved designs as submitted in the CLOMR application. A letter of map revision (LOMR) or letter of map amendment (LOMA) must be issued before the final plat can be approved or a certificate of occupancy can be issued. Significant changes or revisions shall be defined as any change to the FIRM easily observed when plotted at a scale of one inch equals 1000 feet. The changes or revisions may be due to, but are not limited to, more current and/or superior topographic information or compensatory cut and fill grading done as a part of the development.

(ULDC 2005, § 9-15-3-3; Ord. No. 2007-53, § I, 11-20-2007; Ord. No. 2020-42, § XXXII, 11-3-2020)

An engineering study is required, as appropriate to the proposed development activities on the site, whenever a development proposes to disturb 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 currently registered professional engineer in the state and made a part of the application for a permit. This information shall be submitted to and approved by the floodplain administrator prior to the approval of any permit which would authorize the disturbance of land located within the 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 department of water resources. 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 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 the base flood floodplain and future conditions floodplain storage capacity would not be diminished by the development;

(4)

If changes to the base flood elevation or future-conditions flood elevation are proposed, profiles of the channel showing the existing and proposed base and future conditions flood elevations must be provided; and

(5)

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

(ULDC 2005, § 9-15-3-4; Ord. No. 2007-53, § I, 11-20-2007; Ord. No. 2020-42, § XXXII, 11-3-2020)

Located within areas of special flood hazard are areas designated as floodway. A floodway may be an extremely hazardous area due to velocity floodwaters, 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 base floodway, except when required for the construction of bridges, culverts, roadways and utilities, provided it is demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the encroachment shall not result in any increase to the pre-project base flood elevations, floodway elevations, or floodway widths during the base flood discharge. A registered professional engineer must provide supporting technical data and certification thereof; and

(2)

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 floodplain administrator until an affirmative CLOMR or CLOMA, whichever is applicable, is issued by FEMA, or a no-rise certification is approved by department of water resources.

(ULDC 2005, § 9-15-3-5; Ord. No. 2007-53, § I, 11-20-2007; Ord. No. 2020-42, § XXXII, 11-3-2020)

The property owner shall be responsible for continuing maintenance as may be needed within an altered or relocated portion of a floodplain on his property so that the flood-carrying or flood storage capacity is not diminished. The floodplain administrator may direct the property owner (at no cost to the city) 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 of water resources.

(ULDC 2005, § 9-15-3-6; Ord. No. 2007-53, § I, 11-20-2007; Ord. No. 2020-42, § XXXII, 11-3-2020)

In all areas of special flood hazard, the following provisions apply:

(1)

New construction of principal buildings (residential or nonresidential), including manufactured homes, shall not be allowed within the limits of the floodplain unless all requirements of this article have been met;

(2)

New construction or substantial improvements of existing structures shall be anchored to prevent flotation, collapse or lateral movement of the structure;

(3)

New construction or substantial improvements of existing structures shall be constructed with materials and utility equipment resistant to flood damage; and

(4)

New construction or substantial improvements of existing structures shall be constructed by methods and practices that minimize flood damage.

(Ord. No. 2020-42, § XXXII, 11-3-2020)

(a)

All new construction and 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 and 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.

(b)

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.

(c)

So as not to violate the lowest floor criteria of this article, 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, the interior portion of such enclosed area shall not be partitioned or finished into separate rooms.

(Ord. No. 2020-42, § XXXII, 11-3-2020)

All heating and air conditioning equipment and components, all electrical, ventilation, plumbing, and other service facilities shall be designed and/or located three feet above the base flood elevation or one foot above the future-conditions flood elevation, whichever is higher, so as to prevent water from entering or accumulating within the components during conditions of flooding.

(Ord. No. 2020-42, § XXXII, 11-3-2020)

(a)

New manufactured homes shall not be allowed to be placed within the limits of the future-conditions floodplain unless all requirements of sections 9-15-3-3, 9-15-3-4, and 9-15-3-5 have been met. If all of the requirements of sections 9-15-3-3, 9-15-3-4, and 9-15-3-5 have been met, 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. 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 standards of section 9-15-4-2(b).

(b)

Manufactured homes placed and/or substantially improved in an existing manufactured home park or subdivision shall be elevated so that either:

(1)

The lowest floor of the manufactured home is elevated no lower than three feet above the level of the base flood elevation, or one foot above the future-conditions flood elevation, whichever is higher; 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)

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.

(Ord. No. 2020-42, § XXXII, 11-3-2020)

(a)

New and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.

(b)

New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters.

(c)

Decentralized wastewater system shall be located outside the floodplain and constructed to avoid impairment to them or contamination from them during flooding.

(d)

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.

(Ord. No. 2020-42, § XXXII, 11-3-2020)

(a)

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 nonconformity is not furthered, extended or replaced.

(b)

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.

(c)

When only a portion of a proposed structure is located within a flood zone or the future-conditions floodplain, the entire structure shall meet the requirements of this article.

(d)

Subdivision proposals and other proposed new development, including manufactured home parks or subdivisions, shall be reasonably safe from flooding:

(1)

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

(2)

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

(3)

Adequate drainage shall be provided to reduce exposure to flood hazards.

(Ord. No. 2020-42, § XXXII, 11-3-2020)

(a)

New construction. New construction of principal buildings, including manufactured homes shall not be allowed within the limits of the future-conditions floodplain unless all requirements of this article have been met. New construction shall have the lowest floor, including basement, elevated no lower than three feet above the base flood elevation adjacent to the building or one foot above the future conditions flood elevation, whichever is higher. Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate the unimpeded movements of floodwaters shall be provided in accordance with standards of this article for elevated buildings.

(b)

Substantial improvements. Substantial improvement of any structure or manufactured home shall have the lowest floor, including basement, elevated no lower than three feet above the base flood elevation adjacent to the building or one foot above the future-conditions flood elevation, whichever is higher. Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate the unimpeded movements of floodwaters shall be provided in accordance with standards of this article for elevated buildings.

(Ord. No. 2020-42, § XXXII, 11-3-2020)

(a)

New construction. New construction of principal buildings, including manufactured homes shall not be allowed within the limits of the future-conditions floodplain unless all requirements of this article have been met. If all the requirements of this article have been met, all new construction 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. 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 standards of section 9-15-4-2(b). Nonresidential new construction may be authorized by the floodplain administrator to be floodproofed in lieu of elevation. The structure, together with attendant utility and sanitary facilities, must be designed to be watertight to one foot above the base flood elevation, or at least as high as the future conditions flood elevation, whichever is higher, with walls substantially impermeable to the passage of water, and structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A registered professional engineer or architect shall certify that the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions above, and shall provide such certification to the floodplain administrator using the FEMA floodproofing certificate along with the design and operation/maintenance plan.

(b)

Substantial improvements. Substantial improvement of any structure located in A1-30, AE, or AH zones may be authorized by the floodplain administrator to be elevated or floodproofed. 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. Should solid 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 standards of section 9-15-4-2(b). Substantial improvements may be floodproofed in lieu of elevation. The structure, together with attendant utility and sanitary facilities, must be designed to be watertight to one foot above the base flood elevation, or at least as high as the future-conditions flood elevation, whichever is higher, with walls substantially impermeable to the passage of water, and structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A registered professional engineer or architect shall certify that the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions above, and shall provide such certification to the floodplain administrator using the FEMA floodproofing certificate along with the design and operation/maintenance plan.

(Ord. No. 2020-42, § XXXII, 11-3-2020)

Accessory structures and facilities (i.e., barns, sheds, gazebos, detached garages, parking lots, recreational facilities and other similar structures and facilities) which are permitted to be located within the limits of the future-conditions floodplain shall be designed and constructed to pass all floodwater in a manner consistent with this article and be anchored to prevent flotation, collapse or lateral movement of the structure.

(Ord. No. 2020-42, § XXXII, 11-3-2020)

All recreational vehicles placed on sites must either:

(1)

Be on the site for fewer than 180 consecutive days;

(2)

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

(3)

Meet all the requirements for residential buildings; substantial improvements, including the anchoring and elevation requirements above.

(Ord. No. 2020-42, § XXXII, 11-3-2020)

(a)

Residential buildings. For new construction or substantial improvement of any principal 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 level of the base flood (100-year) elevation or one foot higher than the future-conditions flood elevation, whichever is higher. 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 standards of section 9-15-4-2(b).

(b)

Nonresidential buildings. For new construction or substantial improvement of any principal nonresidential 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 (100-year) elevation or at least as high as the future-conditions flood elevation, whichever is higher. 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 standards of section 9-15-4-2(b). Nonresidential buildings may be floodproofed in lieu of elevation.

(Ord. No. 2020-42, § XXXII, 11-3-2020)

(a)

Located within the areas of special flood hazard, where streams exist but no base flood data have been provided (A zones), or where base flood data have been provided but a floodway has not been delineated, the floodplain administrator shall review and reasonably utilize any available scientific or historic base flood elevation or regulatory flood elevation and floodway data, or future conditions flood elevation data available from a federal, state, or other source, in order to administer the provisions and standards of this section.

(b)

If sufficient data are not available from 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 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 floodwaters shall be provided in accordance with the provisions of this article.

(Ord. No. 2020-42, § XXXII, 11-3-2020)

Areas of special flood hazard may include designated AO shallow flooding areas. These areas have base flood depths of one foot to three feet aboveground, with no clearly defined channel. In these areas, the following provisions apply:

(1)

All new construction and substantial improvements of residential and nonresidential 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. Openings sufficient to facilitate the unimpeded movements of floodwaters shall be provided in accordance with standards for elevated buildings. The applicant's or owner's engineer shall certify to the floodplain administrator that the lowest floor elevation level and the record shall become a permanent part of the permit file;

(2)

New construction and substantial improvement of a nonresidential structure may be floodproofed in lieu of elevation. The structure, together with attendant utility and sanitary facilities, must be designed to be watertight to the specified FIRM flood level, plus one foot above the 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 buoyancy. A registered professional engineer or architect shall certify that the design and methods of construction are in accordance with accepted standards of practice; and shall provide such certification to the department of water resources using the FEMA floodproofing certificate along with the design and operation/maintenance plan; and

(3)

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

(Ord. No. 2020-42, § XXXII, 11-3-2020)

(a)

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

(b)

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.

(c)

All subdivision plans will provide the elevation of proposed structure and pad. If the site is filled above the base flood or future conditions flood elevation, the lowest flood and pad elevations shall be certified by a registered professional engineer or surveyor and provided to the floodplain administrator.

(d)

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

(e)

All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.

(f)

All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards.

(Ord. No. 2020-42, § XXXII, 11-3-2020)