The purpose of this article is to identify areas within the City of Henderson which are subject to periodic inundation in order to ensure that potential land buyers and developers are notified that property is in an area which is subject to periodic flooding.

(Ord. No. 23-14, Exh. A, 7-8-14)

The boundaries of floodprone areas shall be established to include those areas identified by the Federal Emergency Management Agency as per the flood insurance study effective February 20, 2013 with accompanying flood insurance rate maps (FIRMS), other supporting data and any subsequent amendments thereto, are hereby adopted by reference and declared to be a part of these regulations by the City of Henderson, Kentucky, and for those land areas acquired by the City of Henderson, Kentucky through annexation. This shall apply to all lands subject to inundation by an intermediate regional flood or, based on other reliable engineering data, areas determined by the flood insurance study to be subject to inundation by a 100-year flood.

(Ord. No. 23-14, Exh. A, 7-8-14; Ord. No. 09-19, 5-28-19)

[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:]

A zone. Portions of the special flood hazard area (SFHA) in which the principle source of flooding is runoff from rainfall, snowmelt, or a combination of both. In A zones, floodwaters may move slowly or rapidly, but waves are usually not a significant threat to structures. Areas of 100-year flood, base flood elevations and flood hazard factors are not determined.

AE zones. Special flood hazard areas inundated by the one-percent annual flood (100-year flood). Base flood elevations (BFEs) are determined.

Base flood. The flood having a one-percent chance of being equaled or exceeded in any given year (also called the "100-year flood").

Flood hazard boundary map (FHBM). 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 or as amended by FEMA by letter or otherwise.

Flood insurance rate map (FIRM). A map on which the Federal Emergency Management Agency (FEMA) or Federal Insurance Administration (FIA) has delineated special flood hazard areas and risk premium zones. These maps are now made available in digital format (DFIRM), but the paper copies of the maps on file are the maps of record.

Flood insurance study (FIS). The official report provided by the Federal Emergency Management Agency (FEMA) or Federal Insurance Administration (FIA) containing flood profiles, the flood insurance rate map (FIRM), and/or the flood boundary floodway map (FBFM), and the water surface elevation of the base flood.

Floodplain or flood-prone area. Any land area susceptible to being inundated by flood waters from any source.

Floodway fringe. That area of the floodplain on either side of the regulatory floodway where encroachment may be permitted without additional hydraulic and/or hydrologic analysis.

One-hundred year flood (100-year flood) (see Base flood). The flood that has a one-percent or greater chance of being equaled or exceeded in any given year. Any flood zone that begins with the letter A is subject to the 100-year flood.

X zones. Areas of the 0.2% annual chance (500-year) flood, areas subject to the 100-year flood with average depths of less than one (1) foot or with contributing drainage area less than 1 square mile, and areas protected by levees from the base flood. Unshaded X zones are areas determined to be outside the 500-year floodplain, where the annual exceedance probability of flooding is less than 0.2 percent.

(Ord. No. 23-14, Exh. A, 7-8-14)

The intent of this article is to ensure that potential land buyers and developers are notified when a tract of land is located in a flood-prone area. Larger floods can and may occur on rare occasions. Flood heights may be increased by manmade or natural causes. This article does not imply that land outside the areas designated as being flood-prone will be free from flooding or flood damages.

(Ord. No. 23-14, Exh. A, 7-8-14)

Any subdivision plat of land which is located in a flood-prone area shall have affixed to the final plat the following statement of notification:

NOTICE: FLOOD-PRONE AREA: THE TRACT(S) OF LAND DESCRIBED HEREON IS (ARE) LOCATED IN A FLOOD-PRONE AREA AS ESTABLISHED BY ARTICLE XXVI OF THE ZONING REGULATIONS OF THE CITY OF HENDERSON, KENTUCKY, AND IS (ARE) SUBJECT TO THE PROVISIONS THEREOF, AND SUBJECT TO THE PROVISIONS OF THE FLOOD DAMAGE PREVENTION ORDINANCE (ADOPTED FEBRUARY 20, 2013), CHAPTER 13 OF THE CITY OF HENDERSON CODE OF ORDINANCES.

(Ord. No. 23-14, Exh. A, 7-8-14)

This article shall not create liability on the part of the City of Henderson, the Henderson City-County Planning Commission, or by any elected and/or appointed officer or employee thereof for any flood damages that result from reliance on the provisions of this article or any administrative decision lawfully made thereunder.

(Ord. No. 23-14, Exh. A, 7-8-14)