AN ORDINANCE
NO.
An ordinance amending the Unified Development Ordinance (UDO) for Columbus,
Georgia so as to amend Chapter 8, Article 5, Flood Damage Prevention.
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THE COUNCIL OF COLUMBUS, GEORGIA HEREBY ORDAINS:
SECTION 1.
Chapter 8 of the Unified Development Ordinance is hereby amended by amending
Article 5 to read as follows:
Section 8.5.1 Statutory Authorization, Findings of Fact, Statement of Purpose
and Objectives
A. Statutory Authorization
Article IX, Section II of the Constitution of the State of Georgia and Section
36-1-20(a) of the Official Code of Georgia Annotated 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 Council of the Columbus Consolidated Government, of Columbus,
GEORGIA, does ordain as follows:
B. Findings of Fact
The flood hazard areas of Columbus-Muscogee County, Georgia are subject to
periodic inundation, which results in loss of life and property, health and
safety hazards, disruption of commerce and governmental services, extraordinary
public expenditures for flood relief and protection, and impairment of the tax
base, all of which adversely affect the public health, safety and general
welfare.
These flood losses are caused by the occupancy in flood hazard areas of uses
vulnerable to floods, which are inadequately elevated, flood-proofed, or
otherwise unprotected from flood damages, and by the cumulative effect of
obstructions in floodplains causing increases in flood heights and velocities.
C. Statement of Purpose
It is the purpose of this ordinance to promote the public health, safety and
general welfare and to minimize public and private losses due to flood
conditions in specific areas by provisions designed to:
require that uses vulnerable to floods, including facilities, which serve such
uses, be protected against flood damage at the time of initial construction;
restrict or prohibit uses which are dangerous to health, safety and property
due to water or erosion hazards, or which increase flood heights, velocities,
or erosion;
control filling, grading, dredging and other development which may increase
flood damage or erosion, and;
prevent or regulate the construction of flood barriers which will unnaturally
divert flood waters or which may increase flood hazards to other lands;
control the alteration of natural floodplains, stream channels, and natural
protective barriers, which are involved in the accommodation of floodwaters.
D. Objectives
The objectives of this ordinance are:
to protect human life and health;
to minimize damage to public facilities and utilities such as water and gas
mains, electric, telephone and sewer lines, streets and bridges located in
floodplains;
to help maintain a stable tax base by providing for the sound use and
development of flood prone areas in such a manner as to minimize flood blight
areas,
to minimize expenditure of public money for costly flood control projects;
to minimize the need for rescue and relief efforts associated with flooding and
generally undertaken at the expense of the general public;
to minimize prolonged business interruptions, and;
to insure that potential homebuyers are notified that property is in a flood
area.
Section 8.5.2 General Provisions
A. Lands to Which this Ordinance Applies
This ordinance shall apply to all Areas of Special Flood Hazard within the
jurisdiction of Columbus-Muscogee County, Georgia.
B. Basis for Area of Special Flood Hazard
The Areas of Special Flood Hazard identified by the Federal Emergency
Management Agency in its Flood Insurance Study (FIS), dated May 3, 1993, with
accompanying maps and other supporting data and any revision thereto, are
adopted by reference and declared a part of this ordinance. For those land
areas acquired by a municipality through annexation, the current effective FIS
dated May 3, 1993, with accompanying maps and other supporting data and any
revision thereto, for Bibb City and Fort Benning are hereby adopted by
reference.
Areas of Special Flood Hazard may also include those areas known to have
flooded historically or defined through standard engineering analysis by
governmental agencies or private parties but not yet incorporated in a FIS. The
Repository for public inspection of the Flood Insurance Study (FIS),
accompanying maps and other supporting data is located at:
Columbus Consolidated Government Center Annex
420 10th Street, 2nd Floor
Columbus, GA 31901
C. Establishment of Development Permit
A Development Permit shall be required in conformance with the provisions of
this ordinance PRIOR to the commencement of any Development activities.
D. Compliance
No structure or land shall hereafter be located, extended, converted or altered
without full compliance with the terms of this ordinance and other applicable
regulations.
E. Abrogation and Greater Restrictions
This ordinance is not intended to repeal, abrogate, or impair any existing
ordinance, easements, covenants, or deed restrictions. However, where this
ordinance and another conflict or overlap, whichever imposes the more stringent
restrictions shall prevail.
F. Interpretation
In the interpretation and application of this ordinance all provisions shall
be:
considered as minimum requirements;
liberally construed in favor of the governing body, and;
deemed neither to limit nor repeal any other powers granted under state
statutes.
G. Warning and Disclaimer of Liability
The degree of flood protection required by this ordinance is considered
reasonable for regulatory purposes and is based on scientific and engineering
considerations. Larger floods can and will occur; flood heights may be
increased by man-made or natural causes. This ordinance does not imply that
land outside the Areas of Special Flood Hazard or uses permitted within such
areas will be free from flooding or flood damages. This ordinance shall not
create liability on the part of the Columbus Consolidated Government or by any
officer or employee thereof for any flood damages that result from reliance on
this ordinance or any administrative decision lawfully made hereunder.
H. Penalties for Violation
Failure to comply with the provisions of this ordinance or with any of its
requirements, including conditions and safeguards established in connection
with grants of variance or special exceptions shall constitute a violation. Any
person who violates this ordinance or fails to comply with any of its
requirements shall, upon conviction thereof, be fined not more than $_____ or
imprisoned for not more than ____ days, or both, and in addition, shall pay all
costs and expenses involved in the case. Each day such violation continues
shall be considered a separate offense. Nothing herein contained shall prevent
the Columbus Consolidated Government from taking such other lawful actions as
is necessary to prevent or remedy any violation.
Section 8.5.3 ADMINISTRATION
A. Designation of Ordinance Administrator
The Director of Engineering is hereby appointed to administer and implement the
provisions of this ordinance.
B. Permit Procedures
Application for a Development Permit shall be made to the Director of
Engineering on forms furnished by the community PRIOR to any development
activities, and may include, but not be limited to the following: plans in
duplicate drawn to scale showing the elevations of the area in question and the
nature, location, dimensions, of existing or proposed structures, earthen fill
placement, storage of materials or equipment, and drainage facilities.
Specifically, the following information is required:
Application Stage
Elevation in relation to mean sea level (or highest adjacent grade) of the
lowest floor, including basement, of all proposed structures;
Elevation in relation to mean sea level to which any nonresidential structure
will be flood-proofed;
Design certification from a registered professional engineer or architect that
any proposed non-residential flood-proofed structure will meet the
flood-proofing criteria of Section 8.5.3.B(2);
Description of the extent to which any watercourse will be altered or relocated
as a result of a proposed development, and;
Construction Stage
For all new construction and substantial improvements, the permit holder shall
provide to the Administrator an as-built certification of the regulatory floor
elevation or floodproofing level immediately after the lowest floor or flood
proofing is completed. Any lowest floor certification made relative to mean sea
level shall be prepared by or under the direct supervision of a registered land
surveyor or professional engineer and certified by the same. When flood
proofing is utilized for non-residential structures, said certification shall
be prepared by or under the direct supervision of a professional engineer or
architect and certified by the same. Any work undertaken prior to submission of
these certifications shall be at the permit holder's risk.
The Director of Engineering shall review the above referenced certification
data submitted. Deficiencies detected by such review shall be corrected by the
permit holder immediately and prior to further progressive work being allowed
to proceed. Failure to submit certification or failure to make said corrections
required hereby, shall be cause to issue a stop-work order for the project.
C. Duties and Responsibilities of the Administrator
Duties of the Director of Engineering shall include, but shall not be limited
to:
Review proposed development to assure that the permit requirements of this
ordinance have been satisfied.
Review proposed development to assure that all necessary permits have been
received from governmental agencies from which approval is required by Federal
or State law, including section 404 of the Federal Water Pollution Control Act
Amendments of 1972, 33 U.S.C. 1334. Require that copies of such permits be
provided and maintained on file.
Review all permit applications to determine whether proposed building sites
will be reasonably safe from flooding.
When Base Flood Elevation data or floodway data have not been provided in
accordance with Section 8.5.2.B, then the Director of Engineering shall obtain,
review and reasonably utilize any base flood elevation and floodway data
available from a Federal, State or other sources in order to administer the
provisions of Section 8.5.4.
Review and record the actual elevation in relation to mean sea level (or
highest adjacent grade) of the lowest floor, including basement, of all new or
substantially improved structures in accordance with Section 8.5.3.B(2).
Review and record the actual elevation, in relation to mean sea level to which
any new or substantially improved structures have been flood-proofed, in
accordance with 8.5.3.B(2).
When flood-proofing is utilized for a structure, the Director of Engineering
shall obtain certification of design criteria from a registered professional
engineer or architect in accordance with Section 8.5.3.B(1)(c) and Section
8.5.4.B(2) or D(2).
Make substantial damage determinations following a flood event or any other
event that causes damage to structures in flood hazard areas.
Notify adjacent communities and the Georgia Department of Natural Resources
prior to any alteration or relocation of a watercourse and submit evidence of
such notification to the Federal Emergency Management Agency (FEMA).
(10) For any altered or relocated watercourse, submit engineering
data/analysis within six (6) months to the FEMA to ensure accuracy of
community flood maps through the Letter of Map Revision process. Assure flood
carrying capacity of any altered or relocated watercourse is maintained.
(11) Where interpretation is needed as to the exact location of
boundaries of the Areas of Special Flood Hazard (for example, where there
appears to be a conflict between a mapped boundary and actual field conditions)
the Director of Engineering shall make the necessary interpretation. Any person
contesting the location of the boundary shall be given a reasonable opportunity
to appeal the interpretation as provided in this Ordinance.
(12) All records pertaining to the provisions of this ordinance shall be
maintained in the office of the Director of Engineering and shall be open for
public inspection.
Section 8.5.4 Provisions for Flood Hazard Reduction
A. General Standards
In ALL Areas of Special Flood Hazard the following provisions are required:
(1) New construction and substantial improvements of existing structures shall
be anchored to prevent flotation, collapse or lateral movement of the structure;
(2) New construction and substantial improvements of existing structures shall
be constructed with materials and utility equipment resistant to flood damage;
(3) New construction or substantial improvements of existing structures shall
be constructed by methods and practices that minimize flood damage;
(4) Elevated Buildings - All New construction or substantial improvements of
existing structures that include ANY fully enclosed area located below the
lowest floor formed by foundation and other exterior walls shall be designed so
as to be an unfinished or flood resistant enclosure. The enclosure shall be
designed to equalize hydrostatic flood forces on exterior walls by allowing for
the automatic entry and exit of floodwater.
(a) Designs for complying with this requirement must either be certified by a
professional engineer or architect or meet the following minimum criteria:
(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;
and,
(iii) Openings may be equipped with screens, louvers, valves or other coverings
or devices provided they permit the automatic flow of floodwater in both
direction.
(b) So as not to violate the "Lowest Floor" criteria of this ordinance, the
unfinished or flood resistant enclosure shall only be used for parking of
vehicles, limited storage of maintenance equipment used in connection with the
premises, or entry to the elevated area, and
(c) The interior portion of such enclosed area shall not be partitioned or
finished into separate rooms.
(5) All heating and air conditioning equipment and components (including
ductwork), all electrical, ventilation, plumbing, and other service facilities
shall be designed and/or located so as to prevent water from entering or
accumulating within the components during conditions of flooding.
(6) Manufactured homes shall be anchored to prevent flotation, collapse, or
lateral movement. Methods of anchoring may include, but are not limited to, use
of over-the-top or frame ties to ground anchors. This standard shall be in
addition to and consistent with applicable State requirements for resisting
wind forces.
(7) New and replacement water supply systems shall be designed to minimize or
eliminate infiltration of floodwaters into the system;
(8) 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 flood waters;
(9) On-site waste disposal systems shall be located and constructed to avoid
impairment to them or contamination from them during flooding, and;
(10) Any alteration, repair, reconstruction or improvement to a structure,
which is not compliant with the provisions of this ordinance, shall be
undertaken only if the nonconformity is not furthered, extended or replaced.
B. Specific Standards
In ALL Areas of Special Flood Hazard the following provisions are required:
(1) New residential construction and/or substantial improvements to residential
structures - Where base flood elevation data are available, new construction
and/or substantial improvement of any structure or manufactured home shall have
the lowest adjacent grade at an elevation higher than the base flood elevation
and the lowest floor, including basement, elevated no lower than two feet above
the base flood elevation. Should solid foundation perimeter walls be used to
elevate a structure, openings sufficient to facilitate equalization of flood
hydrostatic forces on both sides of exterior walls shall be provided in
accordance with standards of Article 4, Section A (4), "Elevated Buildings".
(a) All heating and air conditioning equipment and components (including
ductwork), all electrical, ventilation, plumbing, and other service facilities
shall be elevated at or above the base flood elevation.
(2) Non-Residential Construction - New construction and/or the substantial
improvement of any structure located in A1-30, AE, or AH zones, may be
floodproofed in lieu of elevation. The structure, together with attendant
utility and sanitary facilities, must be designed to be water tight to two (1)
feet above the base flood elevation, with walls substantially impermeable to
the passage of water, and structural components having the capability of
resisting hydrostatic and hydrodynamic loads and the effect of 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
official as set forth above and in Section 8.5.3.C(6).
Standards for Manufactured Homes and Recreational Vehicles - Where base flood
elevation data are available:
(a) All manufactured homes placed and/or substantially improved on: (1)
individual lots or parcels, (2) in new and/or substantially improved
manufactured home parks or subdivisions, (3) in expansions to existing
manufactured home parks or subdivisions, or (4) on a site in an existing
manufactured home park or subdivision where a manufactured home has incurred
"substantial damage" as the result of a flood, must have the lowest floor
including basement, elevated no lower than one foot above the base flood
elevation.
(b) Manufactured homes placed and/or substantially improved in an existing
manufactured home park or subdivision may be elevated so that either:
(i) The lowest floor of the manufactured home is elevated no lower than one
foot above the level of the base flood elevation, or
(ii) The manufactured home chassis is elevated and supported by reinforced
piers (or other foundation elements of at least an equivalent strength) of no
less than 36 inches in height above grade.
(c) All manufactured homes must be securely anchored to an adequately anchored
foundation system to resist flotation, collapse and lateral movement. (Section
8.5.4.A(6) above)
(d) All recreational vehicles placed on sites must either:
Be on the site for fewer than 180 consecutive days.
(ii) 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
(iii) The recreational vehicle must meet all the requirements for "New
Construction", including the anchoring and elevation requirements of Section
8.5.4.B(3)(a)(c), above.
(4). Floodway - Located within Areas of Special Flood Hazard established in
Section 8.5.2.B, are areas designated as floodway. A floodway may be an
extremely hazardous area due to velocity floodwaters, debris or erosion
potential. In addition, the area must remain free of encroachment in order to
allow for the discharge of the base flood without increased flood heights.
Therefore, the following provisions shall apply:
(a) Encroachments are prohibited, including earthen fill, new construction,
substantial improvements or other development within the regulatory floodway.
Development may be permitted however, provided it is demonstrated through
hydrologic and hydraulic analyses performed in accordance with standard
engineering practice that the encroachment shall not result in any increase in
flood levels or floodway widths during a base flood discharge. A registered
professional engineer must provide supporting technical data and certification
thereof.
(b) ONLY if Section 8.5.4.B(4)(a) above is satisfied, then any new construction
or substantial improvement shall comply with all other applicable flood hazard
reduction provisions of Section 8.5.4.
C. Building Standards for Streams without Established Base Flood Elevations
and/or Floodway (A-zones)
Located within the Areas of Special Flood Hazard established in Section
8.5.2.B, 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 following provisions apply:
When base flood elevation data or floodway data have not been provided in
accordance with Section 8.5.2.B, then the Director of Engineering shall obtain,
review, and reasonably utilize any scientific or historic base flood elevation
and floodway data available from a Federal, State, or other source, in order to
administer the provisions of Section 8.5.4. ONLY if data are not available from
these sources, then the following provisions (2&3) shall apply:
(2) No encroachments, including structures or fill material, shall be located
within an area equal to the width of the stream or twenty feet, whichever is
greater, measured from the top of the stream bank, unless certification by a
registered professional engineer is provided demonstrating that such
encroachment shall not result in more than a one (1) foot increase in flood
levels during the occurrence of the base flood discharge.
(3) In special flood hazard areas without base flood elevation data, new
construction and substantial improvements of existing structures shall have the
lowest floor of the lowest enclosed area (including basement) elevated no less
than three (3) feet above the highest adjacent grade at the building site.
(NOTE: Require the lowest floor to be elevated one foot above the estimated
base flood elevation in A-Zone areas where a Limited Detail Study has been
completed). Openings sufficient to facilitate the unimpeded movements of
floodwaters shall be provided in accordance with standards of Section
8.5.4.A(4) "Elevated Buildings".
(a) All heating and air conditioning equipment and components (including
ductwork), all electrical, ventilation, plumbing, and other service facilities
shall be elevated no less than three (3) feet above the highest adjacent grade
at the building site. The Director of Engineering shall certify the lowest
floor elevation level and the record shall become a permanent part of the
permit file.
D. Standards for Areas of Shallow Flooding (AO zones)
Areas of Special Flood Hazard established in Section 8.5.2.B, may include
designated "AO" shallow flooding areas. These areas have base flood depths of
one to three feet (1'-3') above ground, with no clearly defined channel. 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 the flood depth number 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 (3) above the highest adjacent grade. Openings sufficient to
facilitate the unimpeded movements of floodwaters shall be provided in
accordance with standards of Section 8.5.4.A(4), "Elevated Buildings". The
Director of Engineering shall certify the lowest floor elevation level and the
record shall become a permanent part of the permit file.
(2) New construction or the substantial improvement of a non-residential
structure may be flood-proofed in lieu of elevation. The structure, together
with attendant utility and sanitary facilities, must be designed to be water
tight to the specified FIRM flood level plus two feet, above highest adjacent
grade, with walls substantially impermeable to the passage of water, and
structural components having the capability of resisting hydrostatic and
hydrodynamic loads and the effect of 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 official as set
forth above and as required in Section 8.5.3.B(1)(c) and 8.5.3.B(2).
(3) Drainage paths shall be provided to guide floodwater around and away from
any proposed structure.
E. Standards for Subdivisions
(1) All subdivision and/or development proposals shall be consistent with the
need to minimize flood damage;
(2) All subdivision and/or development proposals shall have public utilities
and facilities such as sewer, gas, electrical and water systems located and
constructed to minimize flood damage;
(3) All subdivision and/or development proposals shall have adequate drainage
provided to reduce exposure to flood hazards, and;
(4) For subdivisions and/or developments greater than fifty (50) lots or five
(5) acres, whichever is less, base flood elevation data shall be provided for
subdivision and all other proposed development, including manufactured home
parks and subdivisions. Any changes or revisions to the flood data adopted
herein and shown on the FIRM shall be submitted to FEMA for review as a
Conditional Letter of Map Revision (CLOMR) or Conditional Letter of Map
Amendment (CLOMA), whichever is applicable. Upon completion of the project, the
developer is responsible for submitting the ?as-built? data to FEMA in order to
obtain the final LOMR.
F. Standards for placement of Critical facilities
(1) Critical facilities shall not be located in the 100-year floodplain or the
500-year floodplain.
(2) All ingress and egress from any critical facility must be protected to the
500-year flood elevation.
Section 8.5.4 Variance Procedures
A. The Board of Zoning Appeals as established by the Columbus Consolidated
Government shall hear and decide requests for appeals or variance from the
requirements of this ordinance.
B. The board shall hear and decide appeals when it is alleged an error in any
requirement, decision, or determination is made by the Director of Engineering
in the enforcement or administration of this ordinance.
C. Any person aggrieved by the decision of the Board of Zoning Appeals may
appeal such decision to the Superior Court of Muscogee County, Georgia, as
provided in Section 5-4-1 of the Official Code of Georgia Annotated.
D. Variances may be issued for the repair or rehabilitation of Historic
Structures upon a determination that the proposed repair or rehabilitation will
not preclude the structure's continued designation as a Historic Structure and
the variance is the minimum to preserve the historic character and design of
the structure.
E. Variances may be issued for development necessary for the conduct of a
functionally dependent use, provided the criteria of this Article are met, no
reasonable alternative exists, and the development is protected by methods that
minimize flood damage during the base flood and create no additional threats to
public safety.
F. Variances shall not be issued within any designated floodway if ANY
increase in flood levels during the base flood discharge would result.
G. In reviewing such requests, the Board of Zoning Appeals shall consider all
technical evaluations, relevant factors, and all standards specified in this
and other sections of this ordinance.
H. Conditions for Variances:
(1) A variance shall be issued ONLY when there is:
(i) a finding of good and sufficient cause,
(ii) a determination that failure to grant the variance would result in
exceptional hardship, and;
(iii) a determination that the granting of a variance will not result in
increased flood heights, additional threats to public safety, extraordinary
public expense, create nuisance, cause fraud on or victimization of the public,
or conflict with existing local laws or ordinances.
The provisions of this Ordinance are minimum standards for flood loss
reduction; therefore any deviation from the standards must be weighed
carefully. 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 an Historic Structure, a determination that the
variance is the minimum necessary so as not to destroy the historic character
and design of the building.
(3) Any applicant to whom a variance is granted shall be given written notice
specifying the difference between the base flood elevation and the elevation of
the proposed lowest floor and stating that the cost of flood insurance will be
commensurate with the increased risk to life and property resulting from the
reduced lowest floor elevation.
(4) The Director of Engineering shall maintain the records of all appeal
actions and report any variances to the Federal Emergency Management Agency
upon request.
I. Upon consideration of the factors listed above and the purposes of this
ordinance, the Board of Zoning Appeals may attach such conditions to the
granting of variances as it deems necessary to further the purposes of this
ordinance.
Section 8.5.5 Definitions
Accessory structure means a structure having minimal value and used for
parking, storage and other non-habitable uses, such as garages, carports,
storage sheds, pole barns, hay sheds and the like.
Addition (to an existing building) means any walled and roofed expansion to the
perimeter of a building in which the addition is connected by a common
load-bearing wall other than a firewall. Any walled and roofed addition, which
is connected by a firewall or is separated by an independent perimeter
load-bearing wall, shall be considered "New Construction".
Appeal means a request for a review of the Director of Engineering's
interpretation of any provision of this ordinance.
Area of shallow flooding means a designated AO or AH Zone on a community's
Flood Insurance Rate Map (FIRM) with base flood depths from one to three feet,
and/or where a clearly defined channel does not exist, where the path of
flooding is unpredictable and indeterminate, and where velocity flow may be
evident.
Area of special flood hazard is the land in the floodplain within a community
subject to a one percent or greater chance of flooding in any given year. In
the absence of official designation by the Federal Emergency Management Agency,
Areas of Special Flood Hazard shall be those designated by the local community
and referenced in Section 8.5.2.B.
Base flood means the flood having a one percent chance of being equaled or
exceeded in any given year.
Basement means that portion of a building having its floor sub grade (below
ground level) on all sides.
Building means any structure built for support, shelter, or enclosure for any
occupancy or storage.
Critical facility means any public or private facility, which, if flooded,
would create an added dimension to the disaster or would increase the hazard to
life and health. Critical facilities include:
structures or facilities that produce, use, or store highly volatile,
flammable, explosive, toxic, or water-reactive materials;
(b) hospitals and nursing homes, and housing for the elderly, which are likely
to contain occupants who may not be sufficiently mobile to avoid the loss of
life or injury during flood and storm events;
(c) emergency operation centers or data storage centers which contain records
or services that may become lost or inoperative during flood and storm events;
and
(d) generating plants, and other principal points of utility lines.
Development means any man-made change to improved or unimproved real estate,
including, but not limited to, buildings or other structures, mining, dredging,
filling, grading, paving, excavating, drilling operations, and permanent
storage of materials or equipment.
Elevated building means a non-basement building built to have the lowest floor
of the lowest enclosed area elevated above the ground level by means of fill,
solid foundation perimeter walls, pilings, columns, piers, or shear walls
adequately anchored so as not to impair the structural integrity of the
building during a base flood event.
Existing construction Any structure for which the "start of construction"
commenced before March 1, 1983. [i.e., the effective date of the FIRST
floodplain management code or ordinance adopted by the community as a basis for
that community's participation in the National Flood Insurance Program (NFIP)].
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 final site grading
or the pouring of concrete pads) is completed before March 1, 1983. [i.e., the
effective date of the FIRST floodplain management regulations adopted by a
community].
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.
Flood or flooding means a general and temporary condition of partial or
complete inundation of normally dry land areas from:
the overflow of inland or tidal waters; or
(b) the 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 Insurance Administration, where the boundaries of areas of
special flood hazard have been defined as Zone A.
Flood Insurance Rate Map (FIRM) means an official map of a community, issued by
the Federal Insurance Administration, delineating the areas of special flood
hazard and/or risk premium zones applicable to the community.
Flood Insurance Study the official report by the Federal Insurance
Administration evaluating flood hazards and containing flood profiles and water
surface elevations of the base flood.
Floodplain means any land area susceptible to flooding.
Flood proofing means any combination of structural and non-structural
additions, changes, or adjustments to structures, which reduce or eliminate
flood damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
Floodway means the channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood without
cumulatively increasing the water surface elevation more than a designated
height.
Freeboard means a factor of safety usually expressed in feet above a flood
level for purposes of floodplain management. ?Freeboard? tends to compensate
for the many unknown factors that could contribute to flood heights greater
than the height calculated for a selected size flood and floodway conditions,
such as wave action, bridge openings, and the hydrological effect of
urbanization of the watershed.
Highest adjacent grade means the highest natural elevation of the ground
surface, prior to construction, adjacent to the proposed foundation of a
building.
Historic Structure means any structure that is;
a. Listed individually in the National Register of Historic Places (a listing
maintained by the U.S. Department of Interior) or preliminarily determined by
the Secretary of the Interior as meeting the requirements for individual
listing on the National Register;
b. Certified or preliminarily determined by the Secretary of the Interior as
contributing to the historical significance of a registered historic district
or a district preliminarily determined by the Secretary to qualify as a
registered historic district;
c. Individually listed on a state inventory of historic places and determined
as eligible by states with historic preservation programs which have been
approved by the Secretary of the Interior; or
d. Individually listed on a local inventory of historic places and determined
as eligible by communities with historic preservation programs that have been
certified either:
1. By an approved state program as determined by the Secretary of the Interior,
or
2. Directly by the Secretary of the Interior in states without approved
programs.
Lowest floor means the lowest floor of the lowest enclosed area, including
basement. An unfinished or flood resistant enclosure, used solely for parking
of vehicles, building access, or storage, in an area other than a basement, is
not considered a building's lowest floor, provided that such enclosure is not
built so as to render the structure in violation of other provisions of this
code.
Manufactured home means a building, transportable in one or more sections,
built on a permanent chassis and designed with or without a permanent
foundation when connected to the required utilities. The term also includes
park trailers, travel trailers, and similar transportable structures placed on
a site for 180 consecutive days or longer and intended to be improved property.
Mean Sea Level means the average height of the sea for all stages of the tide.
It is used as a reference for establishing various elevations within the
floodplain. For purposes of this ordinance, the term is synonymous with
National Geodetic Vertical Datum (NGVD).
National Geodetic Vertical Datum (NGVD) as corrected in 1929 is a vertical
control used as a reference for establishing varying elevations within the
floodplain.
New construction means ANY structure (see definition) for which the "start of
construction" commenced on or after March 1, 1983 and includes any subsequent
improvements to the structure. [* i.e., the effective date of the FIRST
floodplain management ordinance adopted by the community as a basis for
community participation in the (NFIP)].
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 March 1,
1983. [i.e., the effective date of the first floodplain management regulations
adopted by a community].
North American Vertical Datum (NAVD) as corrected in 1988 is a vertical control
used as a reference for establishing varying elevations within the floodplain.
Recreational vehicle means a vehicle, which is:
a. built on a single chassis;
b. 400 square feet or less when measured at the largest horizontal projection;
c. designed to be self-propelled or permanently towable by a light duty truck;
and
d. designed primarily not for use as a permanent dwelling but as temporary
living quarters for recreational, camping, travel, or seasonal use.
Repetitive Loss means flood-related damages sustained by a structure on two
separate occasions during a 10-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 damaged occurred.
Start of construction means the date the development permit was issued,
provided the actual start of construction, repair, reconstruction, or
improvement was within 180 days of the permit date. The actual start means the
first placement of permanent construction of the structure such as the pouring
of slabs or footings, installation of piles, construction of columns, or any
work beyond the stage of excavation, and includes the placement of a
manufactured home on a foundation. (Permanent construction does not include
initial land preparation, such as clearing, grading and filling; nor does it
include the installation of streets and/or walkways; nor does it include
excavation for a basement, footings, piers or foundations or the erection of
temporary forms; nor does it include the installation on the property of
buildings appurtenant to the permitted structure, such as garages or sheds not
occupied as dwelling units or part of the main structure. (NOTE: accessory
structures are NOT exempt from any ordinance requirements) For a substantial
improvement, the actual start of construction means the first alteration of any
wall, ceiling, floor, or other structural part of a building, whether or not
that alteration affects the external dimensions of the building.
Structure means a walled and roofed building that is principally above ground,
a manufactured home, a gas or liquid storage tank.
Substantial damage means damage of any origin sustained by a structure whereby
the cost of restoring the structure to its before damaged condition would equal
or exceed fifty (50) percent of the market value of the structure before the
damage occurred.
Substantial improvement means any reconstruction, rehabilitation, addition, or
other improvement of a structure, taking place during a 5-year period, in which
the cumulative cost equals or exceeds fifty (50) percent of the market value of
the structure prior to the ?start of construction? of the improvement. NOTE:
The market value of the structure should be (1) the appraised value of the
structure prior to the start of the initial repair or improvement, or (2) in
the case of damage, the value of the structure prior to the damage occurring.
This term includes structures, which have incurred "substantial damage",
regardless of the actual amount of repair work performed. For the purposes of
this definition, "substantial improvement" is considered to occur when the
first alteration of any wall, ceiling, floor, or other structural part of the
building commences, whether or not that alteration affects the external
dimensions of the building. The term does not, however, include
those improvements of a structure required to comply with existing violations
of state or local health, sanitary, or safety code specifications which are
solely necessary to assure safe living conditions and which have been
identified by the Code Enforcement Official, and not solely triggered by an
improvement or repair project, or
any alteration of a ?historic structure? provided that the alteration will not
preclude the structure?s continued designation as a ?historic structure?.
Substantially improved existing manufactured home parks or subdivisions is
where the repair, reconstruction, rehabilitation or improvement of the streets,
utilities and pads equals or exceeds 50 percent of the value of the streets,
utilities and pads before the repair, reconstruction or improvement commenced.
Variance is a grant of relief from the requirements of this ordinance, which
permits construction in a manner otherwise prohibited by this ordinance.
Violation means the failure of a structure or other development to be fully
compliant with the community?s floodplain management regulations. A structure
or other development without the elevation certificate, or other
certifications, or other evidence of compliance required by this ordinance is
presumed to be in violation until such time as that documentation is provided.
Optional Floodplain Management Requirement
Substantial Damage / Repetitive Loss
(Guidance 1 of 2)
The National Flood Insurance Program (NFIP) requires participating communities
to conduct assessments for substantial damage following a flooding event. A
building is considered to be substantially damaged when:
?damage of any origin sustained by a structure whereby the cost of restoring
the structure to its before damaged condition would equal or exceed 50 percent
of the market value of the structure before the damage occurred.?
If a substantially damaged building is rebuilt in violation of a community?s
floodplain management ordinance including not properly elevated or
flood-proofed (non-residential buildings only), flood insurance will be
significantly higher. In addition, the property owner will not be eligible for
an Increased Cost of Compliance (ICC) claim payment. The NFIP has implemented a
new coverage called ICC, which is an endorsement to the Standard Flood
Insurance Policy. It applies to all new and renewed flood insurance policies
effective on and after June 1, 1997. Structures that have suffered substantial
damage from flooding may be required to elevate, demolish, relocate, or flood
proof (nonresidential buildings only) the damaged structure upon rebuilding.
Through ICC coverage, funds are available to the property owner to pay for
flood protection measures that meet NFIP standards.
Property owners may file for ICC coverage in two instances:
1. If the community determines that the home or business is damaged by flood to
the point that repairs will cost 50 percent or more of the building?s
pre-damaged market value. This is substantial damage.
2. If the community has a repetitive loss provision in its floodplain
management ordinance and determines that the home or business was damaged by a
flood two (2) times within a 10-year period, where the cost of repairing the
flood damage, on average, equaled or exceeded 25 percent of its market value at
the time of each flood event. This is repetitive damage. Additionally, there
must have been flood insurance claim payments for each of the two flood losses.
If a community chooses to adopt a repetitive loss provision, the following
language developed by FEMA must be adopted, at a minimum, in order for
buildings to qualify for a claim payment under ICC coverage.
Optional Floodplain Management Requirement
Substantial Damage / Repetitive Loss
(Guidance 2 of 2)
If adopted, the following terms must be included in the Definitions section of
the ordinance:
Repetitive Loss means flood-related damages sustained by a structure on two
separate occasions during a 10-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 damaged occurred.
And modify the ?substantial improvement? definition as defined in the NFIP
Floodplain Management Regulations at 44 CFR 59.1 in the community floodplain
management ordinance as follows:
Substantial improvement means any reconstruction, rehabilitation, addition, or
other improvement of a structure, the cost of which equals or exceeds 50
percent of the market value of the structure before the ?start of construction?
of the improvement. This term includes structures, which have occurred
?repetitive loss? or ?substantial damage?, regardless of the actual repair work
performed.
NOTE: Communities need to make sure that these definitions are tied to the
floodplain management requirements for new construction and substantial
improvements and to any other requirements of the ordinance, such as the permit
requirements, in order to enforce this provision.
NOTE: An ICC Claim Payment is ONLY made for flood-related damages.
Communities that adopt a repetitive loss requirement should develop
administrative procedures in order to track repetitive losses. Such procedures
should include the following:
? A system for maintaining permit records, such as by address;
? A system for documenting and maintaining the date of repairs so that the
history of repairs for a particular building can be checked before the next
permit is issued;
? A system for documenting and maintaining the flood-related cost to repair the
building and the market value of the building before the damage occurred for
each flood event.
NOTE: This documentation will be necessary for a repetitively damaged building
to qualify for an ICC claim payment.
SECTION 2.
All ordinances or parts of ordinances in conflict with this ordinance are
hereby repealed.
---------------
Introduced at a regular meeting of the Council of Columbus, Georgia held on the
7th day of August, 2007 introduced a second time at a regular meeting of said
Council held on the ______ day of ________, 2007, and adopted at said meeting
by the affirmative vote of ________ members of said Council.
Councilor Allen voting____________.
Councilor Anthony voting__________.
Councilor Baker voting____________.
Councilor Barnes voting___________.
Councilor Davis voting____________.
Councilor Henderson voting________.
Councilor Hunter voting___________.
Councilor McDaniel voting_________.
Councilor Pugh voting_____________.
Councilor Woodson voting__________.
______________________________ ______________________________
TINY B. WASHINGTON JIM WETHERINGTON
CLERK MAYOR
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