Columbus, Georgia

Georgia's First Consolidated Government

Post Office Box 1340
Columbus, Georgia, 31902-1340
(706) 653-4013
fax (706) 653-4016

Council Members

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.

---------------



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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