The purpose and intent of these regulations are intended to protect the natural features and natural resources within Habersham County, and to implement policies in the Habersham County Comprehensive Plan. The natural features and natural resources included in article V are the water supply watersheds, groundwater recharge areas, river corridors, wetlands, mountains, floodplains, and erosion and sediment control.

(Ord. of 12-21-2020)

The location and boundaries of the sensitive environments regulated in this article are hereby established as shown on a set of maps entitled "Sensitive Environment Maps of Habersham County, Georgia." Said set of maps, together will all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this article. The sensitive environment maps shall be identified by the signature of the county commission chairman. Said maps shall be located in the office of the planning department and shall be public records available for public inspection during normal business hours. The governing body is hereby authorized to amend said maps in accordance with the procedures for land use intensity district map amendments as provided in this chapter.

(Ord. of 12-21-2020)

Within a significant groundwater recharge area, as defined by this chapter and as indicated on the sensitive environments maps, the following regulations shall apply:

(a)

No new sanitary landfills shall be permitted unless such landfills are installed with synthetic liners and leachate collection systems as approved by the Georgia Department of Natural Resources.

(b)

The land disposal of hazardous wastes shall be prohibited and any facilities permitted by the Georgia Department of Natural Resources which involve the treating, storing or disposing of hazardous waste shall perform such operations on an impermeable pad having a spill and leak collection system as approved by the Georgia Department of Natural Resources.

(c)

Any new above-ground chemical or petroleum storage tanks having a minimum volume of 660 gallons shall have secondary containment for 110 percent of the volume of such tanks or 110 percent of the volume of the largest tank in a cluster of tanks. Such tanks used for agricultural purposes are exempt provided they comply with all federal requirements.

(d)

New agricultural waste impoundment sites which exceed 15 acre-feet shall be required to contain a liner constructed of compacted clay having a minimum thickness of one foot and vertical hydraulic conductivity consistent with criteria established by the United States Soil Conservation Service. The administrative officer may consult with state and federal government officials and may require appropriate studies and/or plans to ensure conformance with this provision.

(e)

The minimum lot size shall be one and one-half acre; provided, however, that a nonconforming lot of record as defined by this chapter is exempt from this provision.

(f)

Each lot space within a mobile/manufactured home park shall be a minimum area of 13,500 square feet.

(g)

Each space within a recreational vehicle park shall be a minimum area of 3,500 square feet.

(Ord. of 12-21-2020)

Prior to the issuance of any land-disturbing activity permit or building permit, the administrative officer shall review the sensitive environments map to determine whether or not the land involved in an application for land-disturbing activity permit or building permit contains wetlands. The administrative officer shall not issue any land-disturbing activity or building permit involving properties identified as containing wetlands until and unless one of the following conditions has been met by the applicant for said permit:

(a)

Documentation by the United States Army Corps of Engineers is provided to the administrative officer that said property does not contain a jurisdictional wetland and that the subject proposed development does not require a permit pursuant to Section 404 of the United States Clean Water Act.

(b)

Documentation by the United States Army Corps of Engineers is provided to the administrative officer that said property involving a jurisdictional wetland and the proposed development has received a permit from the United States Army Corps of Engineers in accordance with Section 404 of the United States Clean Water Act.

(c)

Documentation from a competent professional qualified to determine the location of wetlands is provided to the administrative officer that said property does not contain a jurisdictional wetland or that the subject development proposal will not disturb wetlands found to exist on the site. Said documentation shall specifically include the reference that wetlands identification (or finding of no wetlands) is based on a field study of the subject property and application of the Federal Manual for Identifying and Delineating Jurisdictional Wetlands, dated January, 1989 or as may be revised from time to time.

(Ord. of 12-21-2020)

(a)

General. All properties and development thereof within the corridor of a perennial stream located within a water supply watershed, as defined by this chapter and as indicated on the sensitive environments maps, shall be subject to the following regulations:

(1)

All properties and development thereof within the corridor of a perennial stream located within the Hazel Creek, Camp Creek and Soque River water supply watersheds, within a seven-mile radius upstream of a governmentally-owned public drinking water intake or water supply reservoir, shall conform to the following:

a.

A stream natural buffer shall be maintained for a distance of 100 feet on both sides of the stream as measured from the stream banks.

b.

No impervious surface shall be constructed within a 150-foot setback area on both sides of the stream as measured from the stream banks and septic tanks and septic tank drain fields shall be prohibited within the impervious surface setback area.

(2)

All properties and development thereof within the corridor of a perennial stream located within the Hazel Creek, Camp Creek and Soque River water supply watersheds, outside a seven-mile radius upstream of a governmentally-owned public drinking water supply intake or water supply reservoir, shall conform to the following:

a.

A stream natural buffer shall be maintained for a distance of 50 feet on both sides of the stream as measured from the stream banks.

b.

No impervious surface shall be constructed within a 75-foot setback area on both sides of the stream as measured from the stream banks and septic tanks and septic tank drain fields shall be prohibited within the impervious surface setback area.

(3)

All properties and development thereof within the Hazel Creek, Camp Creek and Soque River water supply watersheds, regardless of distance from a governmentally-owned public drinking water supply intake or water supply reservoir, shall conform to the following:

a.

New sanitary landfills are permitted only if they have synthetic liners and leachate collection systems.

b.

New hazardous waste treatment or disposal facilities are prohibited.

c.

New facilities which handle hazardous materials of the types and amounts determined by the Georgia Department of Natural Resources shall perform their operations on impermeable surfaces having spill and leak collection systems as prescribed by the Georgia Department of Natural Resources.

d.

The impervious surface area of any given property shall not exceed 25 percent of the total land area within such property.

(4)

All properties and development thereof within the corridor of a perennial stream located within the Chattahoochee River water supply watershed, within a seven-mile radius upstream of a governmentally-owned public drinking water supply intake or water supply reservoir, shall conform to the following:

a.

A stream natural buffer shall be maintained for a distance of 100 feet on both sides of the stream as measured from the stream banks.

b.

No impervious surface shall be constructed within a 150-foot setback area on both sides of the stream as measured from the stream banks and septic tanks and septic tank drain fields shall be prohibited within the impervious surface setback area.

c.

New facilities which handle hazardous materials of the types and amounts determined by the Georgia Department of Natural Resources shall perform their operations on impermeable surfaces having spill and leak collections systems as prescribed by the Georgia Department of Natural Resources.

(b)

Exceptions to water supply watershed protection regulations. the administrative officer is authorized to exempt water lines, telephone, electric power, cable television and other utilities from the provisions of section 68-505 above provided said activities and/or utilities cannot be feasibly located outside the buffer and/or impervious surface setback area, that said activities and/or utilities are located as far from the stream bank as possible and that said activities and/or installation and maintenance of utilities is performed in a manner acceptable to the administrative officer which preserves the integrity of the affected stream corridor.

(1)

Specific forestry and agricultural activities may be exempt from the stream corridor buffer and setback area provisions of water supply watershed protection plans in accordance with the following conditions:

a.

The activity shall be consistent with best management practices established by the Georgia Forestry Commission or the Georgia Department of Agriculture.

b.

The activity shall not impair the quality of the drinking water stream.

(2)

Existing lots of record, as defined by sections 68-301 and 68-1102, shall be exempt from the provisions of section 68-505, provided, however, that such lots of record shall be required to conform to the following:

a.

Maintain a minimum 25-foot wide stream natural buffer;

b.

Maintain a minimum 50-foot wide impervious surface setback area;

c.

A minimum 50-foot setback for septic tanks and septic tank drain fields.

(Ord. of 12-21-2020)

(a)

Applicability:

(1)

The Chattahoochee River Corridor Protection District is hereby designated and shall comprise all land, inclusive of islands, in the area in the eastern half of the Chattahoochee River within the county of Habersham and being within 100 feet horizontally on the eastern side of the river as measured from the eastern river bank. Also included is the area between the top of the eastern bank and the eastern edge of the river although this strip of land is not included as part of the 100-foot buffer requirement contained in the minimum standards. The 100-foot buffer shall be measured horizontally from the uppermost part of the river banks, usually marked by a break in slope. Although not within the measured 100-foot wide buffer, the area between the top of the bank and the edge of the river shall be treated by the local governments in the same manner as the river corridor and shall be included within the River Corridor Protection District. Because stream channels move due to natural processes such as meandering, river bank erosion and jumping of channels, the river corridor may shift with time. For the purposes of these standards, the river corridor shall be considered to be fixed at its position at the beginning of each review period for the Habersham County Comprehensive Plan. Any shift in the location of the protected river after the review period will be shown by revision of the boundaries of the river corridor at the time of the next comprehensive plan review by the department of community affairs.

(2)

These minimum planning standards and procedures shall apply to all state-owned or administered land that contains a protected river within its boundaries. All state agencies shall comply with these minimum standards. Failure by a state agency to comply with such standards shall be considered an indicia of a governmental action which may significantly adversely affect the quality of the environment under the Environmental Policy Act (O.C.G.A. § 12-6-1 et seq.).

(3)

Standards and requirements established in the Metropolitan Rivers Protection Act and the Erosion and Sedimentation Act are not superseded by river corridor standards.

(b)

Prohibited uses:

(1)

Hazardous waste disposal and handling facilities;

(2)

Solid waste landfills;

(3)

Septic tanks and septic tank drain fields, except that septic tanks only are permitted within the river corridor for single-family dwellings on two acre or larger lots.

(c)

Uses exempt from natural buffer maintenance requirements: The following uses are permitted subject to certain conditions within the 100-foot river corridor without having to maintain a 100-foot natural vegetative buffer:

(1)

Agriculture: Agricultural production and management is permitted within the river corridor, subject to the following conditions:

a.

Agricultural activity shall be consistent with best management practices established by the Georgia Soil and Water Conservation Commission.

b.

Agricultural activity shall not impair the drinking quality of the river water as defined by the federal Clean Water Act, as amended.

c.

Agricultural activity shall be consistent with all state and federal laws and all regulations promulgated by the Georgia Department of Agriculture.

(2)

Forestry: Timber production and harvesting are permitted within the river corridor, subject to the following conditions:

a.

Forestry activity shall be consistent with best management practices established by the Georgia Forestry Commission.

b.

Forestry activity shall not impair the drinking quality of the river water as designed by the federal Clean Water Act, as amended.

(3)

Single-family dwellings: The river corridor protection plan shall not prohibit the building of single-family dwellings including the usual appurtenances within the buffer area, subject to the following conditions:

a.

The dwelling shall be in compliance with all local zoning regulations.

b.

The dwelling shall be located on a tract of land containing at least two acres.

c.

For the purpose of these standards, the size of the tract of the land shall not include any area that lies within the protected river (that is, for tracts of the lands that include portions of a protected river, the area between the river banks cannot be counted towards the two area minimum size).

d.

There shall be only one such dwelling on each two acre or larger tract of land.

e.

A septic tank or tanks serving such a dwelling may be located within the buffer area.

f.

Septic tank drain fields shall not be located within the buffer area.

(4)

Existing land uses: Any commercial, industrial, institutional, residential or other land uses existing within the river corridor prior to the adoption of regulations by Habersham County implementing this river corridor protection plan, provided that:

a.

They shall not impair the drinking quality of the river water.

b.

They shall meet all applicable state and federal environmental rules and regulations.

(5)

Mining: Mining activities are allowed if permitted by the Georgia Department of Natural Resources pursuant to the Georgia Surface Mining Act of 1968, as amended.

(6)

Wildlife and fisheries management: These activities are allowed if consistent with the purposes of O.C.G.A. § 12-2-8, Wastewater Treatment and Natural Water Quality Treatment or Purification.

(7)

Recreational uses: Paths, walkways, boat ramps and other recreational uses consistent with maintenance of a natural vegetative buffer or with river dependent recreation but specifically excluding parking lots and hard-surface tennis courts.

(8)

Road crossings and utilities: Roads and utilities must meet all requirements of the Erosion and Sedimentation Control Act of 1975, as amended, and any local ordinances on soil erosion and sedimentation control. If utilities cannot feasibly be located outside the river corridor/buffer area as decided conservatively by Habersham County, then utilities are allowed subject to the following:

a.

The utilities shall be located as far from the river bank as reasonably possible.

b.

Installation and maintenance of the utilities shall be such as to protect the integrity of the buffer area as well as is reasonably possible.

c.

Utilities shall not impair the drinking quality of the river water.

(9)

Other uses: Other uses permitted by the Department of Natural Resources or under Section 404 of the Clean Water Act shall be permitted within the river corridor.

(d)

Establishment and maintenance of natural buffer: Except for land uses specifically exempted by subsection 3 of the section, all construction of buildings or structures is prohibited within the river corridor and the existing natural vegetative buffer within 100 feet of the stream bank shall remain undisturbed.

(e)

Assessment of potential development on protected river corridor: Land development, if consistent with this plan, is not expected to adversely affect:

(1)

Unique/significant flora and fauna (non-identified in the corridor);

(2)

The uses, activities, and quality of Chattahoochee River water;

(3)

Fishing or recreational uses (this segment is not a trout stream);

(4)

Historical and archeological sites (not identified in the corridor);

(5)

Adjacent sensitive natural areas (none identified except flood plains). Since flood plains are protected by Habersham County's flood damage prevention code, no adverse effects on flood plains are anticipated either.

(Ord. of 12-21-2020)

(a)

Applicability: The Habersham County Mountain Protection Plan shall apply to any "protected mountain" areas in Habersham County (Map 6-3) which is defined as:

(1)

All land area 2,200 feet or more above mean sea level that has a percentage slope of 25 percent or greater for at least 500 feet horizontally and shall include the crests, summits and ridge tops which lie at elevations higher than any such area.

(2)

The crests, summits and ridge tops of mountains whose flanks meet the criteria for a protected mountain shall also be included within the protected area, even though the slopes of such crests, summits and ridge tops have slopes of less than 25 percent.

(3)

On an otherwise protected mountain, areas that are at an elevation of 2,200 feet or more and have a slope of less than 25 percent, exclusive of valley floors, shall be included within the protected mountain area. For the purposes of this section, a valley floor is defined as a depression of the earth's surface where the slopes of mountains meet at a lower limit to become nearly level and including such associated areas at the base or toe of a mountain with a 10:1 (ten percent) slope or less. Illustration 1 located in CLDC D provides a graphic of "protected mountains" according to the definition above. Protected mountains in Habersham County are generally indicated on Map 6-3 of CLDC C and indicates the angles of various slopes as a basis of comparison.

(b)

Definitions:

Hazardous waste means any solid waste which has been defined as a hazardous waste in regulations promulgated by the administrator of the U.S. Environmental Protection Agency pursuant to the federal act, which are in force and effect on February 1, 1988, codified as 40 C.F.R. Section 261.3 (Note: This is the same definition as used in the Georgia Hazardous Waste Management Act.)

Land-disturbing activity means any grading, scraping, excavating or filling of land; clearing of vegetation and any construction, rebuilding or alteration of a structure. Land-disturbing activity shall not include activities such as ordinary maintenance and landscaping operations, individual home gardens, yard and ground upkeep, repairs, additions or minor modifications to a single-family dwelling and the cutting of firewood for personal use. Reforestation plan means a plan prepared by a registered forester for replacing of harvested timber by replanting (as described in the recommended best management practices for Forestry in Georgia, published by the Georgia Forestry Commission) or by natural regenerative processes (such as coppicing, seed trees, etc.).

(c)

Applicability to state agencies: These minimum planning standards and procedures shall apply to all state-owned or administered land that contains a protected mountain within its boundaries. All state agencies shall comply with these minimum standards. Failure by a state agency to comply with such standards shall be considered an indicia of a governmental action which may significantly adversely affect the quality of the environment under the Environmental Policy Act (O.C.G.A. § 12-61-1 et seq.).

(d)

References to existing state and local regulations; soil erosion and sedimentation control:

(1)

Proposed land-disturbing activity shall meet all applicable requirements of the "Erosion and Sedimentation Act of 1975," as amended, and of any applicable local ordinances on soil erosion and sedimentation control.

(2)

Standards and requirements established in the Erosion and Sedimentation Act are not superseded by mountain protection standards.

(e)

Water supply: Where one or more wells are to be used for individual water supply, the proposed land-disturbing activity shall meet all applicable requirements of the "Water Well Standards Act of 1985," the requirements of the rules and regulations of the department of human resources regarding individual or non-public wells and any more stringent requirements imposed by the local governing authority. If a public water supply system is to be provided, the water supply system shall meet all applicable requirements of the "Georgia Safe Drinking Water Act of 1977."

(f)

Sewage treatment. Where one or more septic tanks are to be used for individual sewage disposal, the proposed land-disturbing activity shall meet all applicable requirements imposed by Habersham County. If sewage treatment is to be provided by any means other than one or more individual septic tanks, the sewage treatment shall meet all applicable requirements of the "Georgia Water Quality Control Act."

(g)

Standards for specific land uses.

(1)

Hazardous waste disposal and handling: Hazardous waste or solid waste disposal facilities are prohibited from protected mountains. Disposal facilities permitted by the Environmental Protection Division of the Georgia Department of Natural Resources prior to the adoption of implementing regulations by Habersham County shall be exempt from this criterion. Handling areas for the receiving and storage of hazardous waste are prohibited from protected mountains.

(2)

Agriculture and forestry: Agriculture and forestry are permitted on protected mountains, provided that such agriculture and forestry must be consistent with the best management practices established by the Georgia Forestry Commission or the Georgia Soil and Water Conservation Commission and agricultural and forestry activity shall be consistent with all state and federal laws and all regulations promulgated by the Georgia Department of Agriculture.

(3)

Mining: Mining activity on protected mountains is allowed if such activity is permitted by the Georgia Department of Natural Resources.

(4)

Single-family dwellings: Single-family dwellings shall not be constructed at a density of more than one per acre; however, no such lot shall be less than the width prescribed in section 68-607 at the building site. This density restriction shall not apply to:

a.

Any lot of less than one acre if such a lot was, as of the date of adoption of this chapter, owned and described as a discrete parcel of real property according to the instrument of title if the person or persons owning the lot on the date of adoption of this chapter; or such a lot was, as of the date of adoption of this chapter, shown as a discrete parcel or real property on a plat of survey properly recorded in the real property records of the clerk of superior court by the person or persons owning the lot on the date of adoption of this chapter.

b.

Any land or part of any land which was contained in or subject to any master plan, planned unit development, special approved development plan or any other development plan if such plan was filed with and approved by the local governing authority prior to the effective date of implementing regulations, pursuant to a duly enacted planning and zoning ordinance, provided further that any such planning and zoning ordinance must have provided for rules and procedures and governed lot sizes, density, types of building, and other limitations usually associated with the implementation of local zoning ordinances.

(5)

Multi-family dwellings: Multi-family dwellings shall not be constructed at a gross density of more than four dwelling units per acre (Illustration 3). No such acre shall be the width prescribed in section 68-607 at the building line.

(6)

Commercial structures: Any proposal to construct a commercial structure on a protected mountain in Habersham County shall submit an application to the administrative officer, which shall include:

a.

A detailed landscaping plan which shall identify all trees which are to be removed that exceed eight inches in diameter as measured at a point on the tree four and one-half feet above the surface of the ground; shall contain a plan for replacement of any such trees that are removed (See Illustration 4).

b.

Such application shall also include a topographical survey of the projected site and an assessment of the effect that the project will have on the environment of the protected mountain after the project has been completed and is in operation. Nothing in this paragraph shall be construed to require commercial structures to comply with the density limitations for single- or multiple-family dwellings in subsections (g)(4) and (g)(5) of this section.

(7)

General development standards:

a.

Tree removal limit without reforestation plan: No person engaging in land-disturbing activity on a protected mountain shall remove more than 50 percent of the existing trees four and one-half feet above the surface of the ground unless such person has filed with the application a plan of reforestation developed by a registered forester. (See Illustration 5).

b.

Heights limitations: Structure shall not extend more than 40 feet as measured from the highest point at which the foundation of such structure intersects the ground, above the uppermost point of the crest, summit or ridge top of the protected mountain on which the structure is constructed. This height limitation shall apply to water, radio and television towers and electric transmission towers and lines. This height restriction shall not apply to minor vertical projections of a parent building, including chimneys, flagpoles, flues, spires, steeples, belfries, cupolas, antennas, poles, wires or to windmills. (See Illustration 6).

c.

Road construction: All roads on protected mountains shall be designed and constructed to minimize the potential for landslides, erosion and run-off. (See Illustration 7).

(8)

Assessment of impact of potential development on protected mountains:

a.

Public purposes and private property rights: Land development and the commencement of other activities, if they are consistent with this mountain protection plan, will not have a negative effort on public health, safety or welfare. The application of mountain protection standards to land development and activities will not pose an undue burden on property owners or result in the diminishing of private property rights.

b.

Conservation of unique/significant flora and fauna: The most significant areas of unique flora and fauna are located on lands owned and managed by the U.S. Forest Service. Rare and endangered species may be located within areas of protected mountains, although specific sites are not known. Land development and the commencement of other activities, if they are consistent with this mountain protection plan, should not have a negative impact on wildlife and plant and animal habitats.

c.

Groundwater and surface water quality: To a significant extent, ground and surface waters are protected by existing state and federal regulations. Furthermore, most of Habersham County's ground and surface water is protected through ownership and management by the U.S. Forest Service through implementation of its land and resource management plan. Therefore, development and other activities consistent with this mountain protection plan will not have an adverse impact on protected mountains.

d.

Aesthetics: The visual impact of development and activities consistent with this mountain protection plan should be insignificant.

e.

Historical and archeological resources: Historic and archaeological resources in Habersham County are inventoried and assessed in Chapter 5 of the Habersham County Comprehensive Plan. An analysis of the location of such resources indicates that historic and archaeological resources are predominantly located outside of protected mountain areas. Those resources located within protected mountain areas are largely located on land owned and managed by the U.S. Forest Service in accordance with its land and resources management plan. Therefore, development consistent with this mountain protection plan is not expected to have any adverse impacts on existing historic and archaeological resources.

f.

Adjacent sensitive natural areas: Sensitive natural areas include wildlife habitats, rare natural communities, significant land forms and geological features, flood plains, wetlands and other such areas sensitive or vulnerable to physical and biological alteration. Habersham County's goals, policies and objectives relative to protection of such sensitive natural areas are provided in Chapter 10 of the Habersham County Comprehensive Plan. Development on protected mountains should be consistent with applicable policies of Habersham County to minimize any negative impacts on adjacent sensitive natural areas. Regardless, however, development consistent with this mountain protection plan is not expected to have adverse effects on protected mountains.

g.

Duration of impacts: No significant impacts of an adverse nature are anticipated if development conforms to the mountain protection plan. Any minimal impacts that might occur on protected mountains would be temporary.

(Ord. of 12-21-2020)

The planning commission is hereby authorized to hear appeals and to grant variances to the provisions of this article in accordance with the procedures established in article XII subject to final appeal to the board of commissioners.

(Ord. of 12-21-2020)

(a)

Purpose and intent. The purpose of this section is to promote the public health, safety, and general welfare and to minimize public and private losses due to flood conditions in specific areas by the application of regulations designed to restrict or prohibit uses which are dangerous due to water or erosion hazards or which will result in damaging increases in erosion or in flood heights or velocities; require that uses vulnerable to floods be protected against flood damage at the time of initial construction; control the alteration of natural flood plains, stream channels and natural protective barriers which are involved in the accommodation of flood waters; control filling, grading, dredging and other development which may increase erosion or flood damage and to prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards for other lands.

The objectives of this section, among others, are to protect human life and health, to minimize public expenditures for costly flood control projects, to minimize the need for rescue and relief efforts associated with flooding, to minimize prolonged business interruptions, to minimize damage to public facilities and utilities, to provide for the sound development of flood-prone areas and to ensure potential home buyers are notified that property is in a flood area.

(b)

Applicability. The provisions of this section shall apply to all areas of special flood hazard within unincorporated Habersham County.

(c)

Establishment of special flood hazard areas. The areas of special flood hazard identified by the Federal Emergency Management Agency through a scientific and engineering report entitled "Flood Insurance Study," with accompanying flood insurance rate maps and flood boundary and floodway maps and any revisions thereto are hereby adopted by reference for the purposes of this article and declared to be a part of this section.

(d)

Establishment of base flood elevations. Where the flood insurance study and accompanying flood insurance rate maps and flood boundary and floodway maps establish base flood elevations, such elevations shall govern. However, in the event base flood elevations are not provided by said study and maps or in the event a study by the U.S. Army Corps of Engineers or other reputable engineering studies prepared by a current state-registered professional engineer establishes base flood elevations for a more specific land area, then said specific elevations prepared by the Corps or registered engineer shall govern subject to approval by the Federal Emergency Management Agency. When base flood elevations cannot be established by these means, the base flood elevations may be determined by data submitted by a registered land surveyor based on the best information available, subject to the approval of the administrative officer. Where interpretation is needed as to the exact location of boundaries of the areas of special flood hazard, the administrative officer shall make the necessary interpretation.

(e)

Encroachment within floodway prohibited. Within any floodway as defined by this chapter, no encroachments, including fill, new construction or other development shall be permitted unless certification by a state registered professional engineer is provided demonstrating that such encroachments shall not result in any increase in flood levels during occurrence of the base flood. All such construction must be in conformance with the provisions of this chapter.

(f)

Permitted uses within special flood hazard areas. Notwithstanding the uses permitted by the land use district applying to the property, only the following uses shall be permitted within a special flood hazard area:

(1)

Agriculture, including forestry and livestock raising, requiring no structure.

(2)

Dams, provided they are constructed in accordance with the requirements of this chapter and with all applicable state and federal regulations.

(3)

Fences having sufficient open area to permit the free flow of water and/or debris.

(4)

Grading and other construction necessary to raise a building site above the flood plain, provided that said activities are accomplished in conformance with the development standards of this chapter and all applicable state and federal regulations.

(5)

Identification, regulatory and warning signs.

(6)

Public, private, and commercial parks and recreational areas including boat ramps and docks but not including any temporary or permanent buildings, provided such use is approved by the county engineer and the U.S. Army Corps of Engineers.

(7)

Parking lots.

(8)

Public utility poles, towers, pipelines, sewers, streets, and similar facilities, provided they are constructed in such a manner as to permit the free flow of flood waters.

(9)

Other uses may be permitted upon approval of a conditional use permit in accordance with the procedures and provisions established in this chapter.

(g)

Permit requirements and procedures. In all developments that involve change, modification or alteration of land within a special flood hazard area, except such agricultural activities as plowing, tilling, seeding and planting, such development shall require a land disturbing activity permit from the administrative officer prior to the commencement of activities.

Where necessary to determine that a proposed use conforms to the requirements of this section, the administrative officer may require the applicant to furnish sufficient plans, specifications, hydrologic and engineering studies, or data including, but not limited to, the following:

(1)

Elevation in relation to mean sea level of the lowest floor (including basement) of all structures;

(2)

Elevation in relation to mean sea level to which any nonresidential structure has been flood-proofed;

(3)

Certificate from a registered professional engineer or architect that the nonresidential flood-proofed building will meet the flood-proofing criteria established in this section;

(4)

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

(5)

Floor elevation or flood-proofing certification after the lowest floor is completed. Said certification shall be prepared and provided by a registered land surveyor or professional engineer and certified by same. Any work undertaken prior to submission of the certification shall be at the permit holder's risk. Failure to make such submission, or failure to make any corrections required, shall be cause to issue a stop-work order for the project.

(h)

General development provisions. Development within special flood hazard areas shall conform to the following regulations:

(1)

Relocation or realignment of river or stream channels shall be prohibited if such action would reduce the floodway capacity with respect to the base flood elevation, or significantly alter water flow characteristics so as to create a hazard.

(2)

Existing nonconforming uses and structures shall not be expanded in any way but may be repaired or modified to incorporate flood-proofing measures or to comply with state or local code requirements.

(3)

Any new dwelling or substantial improvement of any dwelling located within a special flood hazard area shall have its lowest floor, including basement, elevated at least three feet above the base flood elevation. Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate the unimpeded movement of flood waters shall be provided.

(4)

Lands may be removed from a special flood hazard area by raising the elevation of such land above the base flood elevation, provided the raising of such land is accomplished in accordance with the requirements of this section and any state and federal regulations.

(5)

In districts which permit residential use, at least 50 percent of the required minimum lot area established by the district shall be above the base flood elevation. Base elevation data shall be provided for all subdivision proposals and other developments which are greater than the lesser of 50 lots/spaces or five acres.

(6)

No construction, including grading and filling, shall be permitted which would raise the base flood elevation beyond the boundaries of the property being developed, reduce the flood storage capacity of the floodway, impede the movement of flood waters, or increase the velocity of flood waters.

(7)

New construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure. 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.

(8)

New construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

(9)

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

(10)

Electrical, heating, ventilation, plumbing, air conditioning equipment and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

(11)

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

(12)

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.

(13)

On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding.

(14)

Any alteration, repair, reconstruction, or improvements to a building which is in compliance with the provisions of this chapter shall meet the requirements of this article.

(15)

Any alteration, repair, reconstruction, or improvements to a building which is not in compliance with the provisions of this chapter shall be undertaken only if said nonconformity is not furthered, extended or replaced.

(16)

New construction or substantial improvement of any commercial, industrial, or nonresidential building or mobile/manufactured home shall have the lowest floor, including basement, elevated no lower than one foot above the level of the base flood elevation. Buildings located in all A-zones may be flood-proofed in lieu of being elevated, provided that all areas of the building below the required elevation are water tight with walls substantially impermeable to the passage of water and use 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 these standards are satisfied.

(17)

New construction or substantial improvements of elevated buildings that include fully enclosed areas formed by foundation and other exterior walls below the base flood elevation shall be designed to preclude finished living space and designed to allow for the entry and exit of floodwaters to automatically equalize hydrostatic flood forces on exterior walls.

a.

Designs for complying with this requirement must either be certified by a professional engineer or architect or meet the following minimum criteria:

i.

Provide a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding.

ii.

The bottom of all openings shall be no higher than one foot above grade.

iii.

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

b.

Access to the enclosed area shall be the minimum necessary to allow for parking of vehicles (garage door) or limited storage of maintenance equipment used in connection with the premises (standard exterior door) or entry to the living area (stairway or elevator).

c.

The interior portion of such enclosed area shall not be partitioned or finished into separate rooms.

(i)

Regulations for mobile/manufactured homes and recreational vehicles.

(1)

All mobile/manufactured homes and recreational vehicles placed or substantially improved on individual lots or parcels in expansions to existing manufactured home parks or subdivisions or in substantially improved manufactured home parks or subdivisions must meet all the requirements of section 68-708, including elevation and anchoring.

(2)

All mobile/manufactured homes and recreational vehicles placed or substantially improved in an existing park or subdivision must be elevated so that:

a.

The lowest floor of the mobile/manufactured home is elevated no lower than three feet above the level of the base flood elevation.

b.

The mobile/manufactured home chassis is 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.

The mobile/manufactured home must be securely anchored to the adequately anchored foundation system to resist flotation, collapse, and lateral movement.

d.

In an existing manufactured home park or subdivision on which a mobile/manufactured home has incurred "substantial damage" as the result of a flood, any manufactured home placed or substantially improved must meet the standards of section 68-509(h) and (i) of this chapter.

(3)

All recreational vehicles placed on sites must either:

a.

Be fully licensed and ready for highway use; or

b.

The recreational vehicle must meet all the requirements for new construction, including anchoring and elevation requirements of section 68-509(h). A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached structures.

(j)

Development within floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles and has erosion potential, the following provisions shall apply within floodways:

(1)

Encroachments, including fill, new construction, substantial improvements and other developments are prohibited unless certification (with supporting technical data) by a registered professional engineer is provided demonstrating that encroachments shall not result in any increase in flood levels during occurrence of the base flood discharge.

(2)

All new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this article.

(3)

The placement of manufactured homes (mobile homes) is prohibited except in an existing mobile/manufactured home park or subdivision. A replacement manufactured home may be placed on a lot in an existing manufactured home park or subdivision provided all applicable standards established in this article are met.

(k)

Regulations for streams without established base flood elevation and/or floodways. Located within the areas of special flood hazard established in this article, where streams exist but where no base flood data has been provided or water base flood data has been provided without floodways, the following provisions apply:

(1)

No encroachments, including fill material, or structures shall be located within areas of special flood hazard, unless certification by a registered professional engineer is provided demonstrating that the cumulative effect of the proposed development when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood more than one foot at any point within the community. The engineering certification should be supported by technical data that conforms to standard hydraulic engineering principles.

(2)

New construction or substantial improvements of buildings shall be elevated or flood-proofed to elevations established in accordance with this article.

(l)

Regulations for areas of shallow flooding (A-O Zones). Within the areas of special flood hazard established in this chapter are areas designated as shallow flooding areas. These areas have special flood hazards associated with base flood depths of one to three feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and indeterminate, the following provisions apply:

(1)

All new construction and substantial improvements of residential buildings shall have the lowest floor, including basement, elevated to the depth number specified on the flood insurance rate map, in feet, above the highest adjacent grade. If no depth number is specified, the lowest floor, including basement, shall be elevated at least two feet above the highest adjacent grade.

(2)

All new construction and substantial improvements of nonresidential buildings shall meet the following:

a.

Have the lowest floor, including basement, elevated to the depth number specified on the flood insurance rate map, in feet, above the highest adjacent grade. If no depth number is specified, the lowest floor, including basement, shall be elevated at least two feet above the highest adjacent grade; or

b.

Together with attendant utility and sanitary facilities, be completely flood-proofed to or above that level so that any space below that level is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.

(m)

Warning and disclaimer of liability. The degree of flood protection provided by this article is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and do occur on rare occasions. Flood heights may be increased by manmade or natural causes. This article does not imply that land outside of 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 Habersham County or by any officer or employee thereof for any flood damages that result from reliance on this article or any administrative decision lawfully made thereunder.

(n)

Appeals. In the case of an alleged error in determination or act of an official in the administration or enforcement of this article, such aggrieved person may appeal said determination or action to the county commission in accordance with this chapter.

(o)

Variances. All variances to the provisions of this article shall be filed and decided in accordance with all applicable provisions of article XII of this chapter.

(p)

Criteria to consider for variances. In passing upon applications for a variance from the provisions of this article, the administrative officer shall consider all technical evaluations, all relevant factors and the following:

(1)

The danger that materials may be swept onto other lands to the injury of others;

(2)

The danger to life and property due to flooding or erosion damage;

(3)

The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

(4)

The importance of the services provided by the proposed facility to the community;

(5)

The necessity of the facility to a waterfront location in the case of a functionally-dependent facility;

(6)

The availability of alternative locations not subject to flooding or erosion damage for the proposed use;

(7)

The compatibility of the proposed use with existing and anticipated development;

(8)

The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;

(9)

The safety of access to the property in times of flood for ordinary and emergency vehicles;

(10)

The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site;

(11)

The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems and streets and bridges;

(12)

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

(q)

Conditions for variances.

(1)

Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief and, in the instance of a historical building, a determination that the variance is the minimum necessary so as not to destroy the historic character and design of the building.

(2)

Variances shall only be issued upon a showing of good and sufficient cause, a determination that failure to grant the variance would result in exceptional hardship and a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisance, cause fraud on or victimization of the public or conflict with existing local laws or ordinances.

(3)

Any applicant to whom a variance is granted shall be given written notice specifying the difference between the base flood elevation and the elevation to which the building is to be built and stating that the cost of flood insurance will be commensurate with the increase risk resulting from the reduced lowest floor elevation.

The administrative officer shall report any variances to the Federal Emergency Management Agency upon request.

(Ord. of 12-21-2020)