HomeMy WebLinkAboutORD 6321 FLOOD PREVENTION DAMAGE
Augusta Richmond GA
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Ordinance No. 6321
TITLE EIGHT
PLANNING & ZONING
CHAPTER 1
FLOOD DAMAGE PREVENTION
ARTICLE 1
IN GENERAL
~ 8-1-1.
STATUTORY AUTHORIZATION.
The Legislature of the State of Georgia has in Georgia Code Annotated, Article IX, Section II,
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 Augusta Commission does ordain
the provisions of this Chapter:
~ 8-1-2.
(a)
FINDINGS OF FACT.
The flood hazard areas of Augusta, 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.
(b)
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.
~ 8-1-3.
STATEMENT OF PURPOSE.
It is the purpose of this Chapter 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:
(a) 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;
(b) require that uses vulnerable to floods, including facilities which serve such uses, be
protected against flood damage at the time of initial construction;
(c) control the alteration of natural floodplains, stream channels, and natural protective
barriers which are involved in the accommodation offlood waters;
(d) control filling. grading, dredging and other development which may increase flood
damage or erosion, and;
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(e)
prevent or regulate the construction of flood barriers which will unnaturally divert flood
waters or which may increase flood hazards to other lands.
~ 8-1-4.
OBJECTIVES.
The objectives of this Chapter are:
(a) to protect human life and health;
(b) to minimize expenditure ofpubJic money for costly flood control projects;
(c) to minimize the need for rescue and relief efforts associated with flooding and generally
undertaken at the expense of the general public;
(d) to minimize prolonged business interruptions;
(e) 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;
(t) 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; and
(g) to insure that potential home buyers are notified that property is in a flood area.
~ 8-1-5. - - 8-1-9.
RESERVED.
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ARTICLE 2
DEFINITIONS
~ 8-1-10.
SPECIFIC DEFINITIONS.
Unless specifically defined below, words or phrases used in this Chapter shall be interpreted so as
to give them the meaning they have in common usage and to give this Chapter its most reasonable
application:
(a) Addition (to an existing building). 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 fire wall. Any walled and roofed addition which is connected by a fire wall or is
separated by an independent perimeter load-bearing wall shall be considered "New
Construction".
(b) Appeal. A request for a review of the Executive Director's interpretation of any
provision of this Chapter or a request for a variance.
(c) Area of shallow flooding. A designated AO or AH Zone on a community's Flood
Insurance Rate Map (FIRM) with base flood depths from one (1) to three (3) 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.
(d) Area ofSpe(ial Flood Hazard. The land in the floodplain within a community subject
to a one (1) 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 Article
3, Section 8-1-17.
(e) Base flood. The flood having a one (1) percent chance of being equaled or exceeded in
any given year.
(f) Basement. That portion of a building having its floor subgrade (below ground level) on
all sides.
(g) Building. Any structure built for support, shelter, or enclosure for any occupancy or
storage.
(h) City Engineer. The City Engineer for Augusta, GA.
(i) Commission. The Augusta Commission
G) Development. 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.
(k) Elevated building. 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
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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.
(I) Executive Director. The Executive Director of the Augusta-Richmond County
Planning Commission.
(m) Existing Construction. Any structure for which the "start of construction" commenced
before the effective date of the FIRST Floodplain Management Ordinance adopted by
Augusta, GA as a basis for Augusta's participation in the National Flood Insurance
Program (NFIP).
(n) Existing manufactured home park or subdivision. 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 the effective date of the FIRST Floodplain Management
Ordinance adopted by Augusta as a basis for Augusta's participation in the National
Flood Insurance Program (NFIP).
(0) Expansion to an existing manufactured home park or subdivision. 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.
(p) Flood or flooding. A general and temporary condition of partial or complete
inundation of normally dry land areas from:
(1) the overflow of inland or tidal waters; or
(2) the unusual and rapid accumulation or runoff of surface waters from any
source.
(q) Flood Hazard Boundary Map (FHBM). 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.
(r) Flood Insurance Rate Map (FIRM). 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.
(s) 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.
(t) Floodplain. Any land area susceptible to flooding.
(u) Floodway. 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.
(v) Floodway fringe, lower. The portion of the area of Special Flood Hazard that is located
between the limit of the floodway and a line connecting all points half the distance
between the floodway and the limit of the area of Special Flood Hazard.
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(w) Floodway fringe, upper. The portion of the area of Special Flood Hazard that is
located between the lower floodway fringe and the boundary of the area of Special Flood
Hazard.
(x) Floor. The top surface of an enclosed area in a building (including basement), Le. top
of slab in concrete slab construction or top of wood flooring in wood frame construction.
The term does not include the floor of a garage used solely for parking vehicles.
(y) Functionally dependent facility. A facility which cannot be used for its intended
purpose unless it is located or carried out in close proximity to water, such as a docking
or port facility necessary for the loading and unloading of cargo or passengers,
shipbuilding, ship repair, or seafood processing facilities. The term does not include
long~term storage, manufacturing. sales or service facilities.
(z) Highest adjacent grade. The highest natural elevation of the ground surface, prior to
construction, adjacent to the proposed foundation of a building.
(aa) Historic Structure. Any structure that is:
(1) 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;
(2) certified or preliminarily determined by the Secretary of the Interior as
contributing to the historical significance of a registered historic district or a
district preliminarily determined by the Secretary to qualify as a registered
historic district;
(3) individually listed on a state inventory of historic places and determined as
eligible by states with historic preservation programs which have been
approved by the Secretary of the Interior; or
(4) individually listed on a local inventory of historic places and determined as
eligible by communities with historic preservation programs that have been
certified either:
a) By an approved state program as determined by the Secretary of the
Interior; or
b) directly by the Secretary of the Interior in states without approved
programs.
(bb) Lowest floor. 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.
(cc) Manufactured home. A building, transportable in one or more sections, built on a
permanent chassis and designed to be used with or without a permanent foundation
when connected to the required utilities. The term also includes park trailers, travel
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trailers, and similar transportable structures placed on a site for one hundred and eighty
(180) consecutive days or longer and intended to be improved property.
(dd) Mean Sea Level. 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
Chapter, the term is synonymous with National Geodetic Vertical Datum (NGVD).
(ee) National Geodetic Vertical Datum (NGVD). As corrected in 1929, is a vertical
control used as a reference for establishing varying elevations within the floodplain.
(ft) New construction. ANY structure (see definition) for which the "start of construction"
commenced after the effective date of the FIRST Floodplain Management Ordinance
adopted by Augusta, GA as a basis for Augusta's participation in the National Flood
Insurance Program (NFIP) and includes any subsequent improvements to the structure.
(gg) New manufactured home park or subdivision. 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 the effective date of the FIRST Floodplain
Management Ordinance adopted by Augusta, GA as a basis for Augusta's participation
in the National Flood Insurance Program (NFIP).
(hh) Recreational vehicle means a vebicle which is:
(1) built on a single chassis;
(2) 400 square feet or less when measured at the largest horizontal projection;
(3) designed to be self-propelled or permanently towable by a light duty truck; and
(4) designed primarily not for use as a permanent dwelling but as temporary living
quarters for recreational, camping, travel, or seasonal use.
(ii) Start of construction. The date the Development Permit was issued, provided the
actual start of construction, repair, reconstruction, or improvement was within one
hundred and eighty (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, instaIlation 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.
(ij) Structure. A waIled and roofed building that IS principally above ground, a
manufactured home, a gas or liquid storage tank.
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(kk) Substantial damage. 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.
(11) Substantial improvement. Any combination of repairs, reconstruction, alteration, or
improvements to a building, taking place during a five (5) year period, in which the
cumulative cost equals or exceeds fifty percent of the market value of the structure prior
to the improvement. The market value of the building 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 walI, 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 building
required to comply with existing health, sanitary, or safety code specifications which are
solely necessary to assure safe living conditions, which have been pre-identified by the
Code Enforcement Official, and not solely triggered. by an improvement or repair
project.
(rom) Substantially improved existing manufactured home parks or subdivisions. Where
the repair, reconstruction, rehabilitation or improvement of the streets, utilities and pads
equals or exceeds fifty (50) percent of the value of the streets, utilities and pads before
the repair, reconstruction or improvement commenced.
(nn) Variance. A grant of relief from the requirements of this Chapter which permits
construction in a manner otherwise prohibited by this Chapter.
~ 8-1-11. - - 8-1-15.
RESERVED.
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ARTICLE 3
GENERAL PROVISIONS
~ 8-1-16.
LANDS TO WHICH THIS CHAPTER APPLIES.
This Chapter shall apply to all areas of Special Flood Hazard within the jurisdiction of Augusta,
Georgia.
~ 8-1-17.
BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD.
The areas of Special Flood Hazard, identified by the Federal Emergency Management Agency in
its Flood Insurance Study (FIS), dated February 15, 1978 and March 4, 1980, with accompanying maps
and other supporting data and any revision thereto, are adopted by reference and declared a part of this
Chapter .
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.
~ 8-1-18.
ESTABLISHMENT OF DEVELOPMENT PERMIT
A Development Pennit shall be required, in conformance with the provisions of this Chapter,
PRIOR to the commencement of any development activities.
~ 8-1-19.
COMPLIANCE.
No structure or land shall hereafter be located, extended, converted or altered without full
compliance with the tenns of this Chapter and other applicable regulations.
~ 8-1-20.
ABROGATION AND GREATER RESTRICTIONS.
This Chapter is not intended to repeal, abrogate, or impair any existing ordinance, easements,
covenants, or deed restrictions. However, where this Chapter and another contlict or overlap, whichever
imposes the more stringent restrictions shall prevail.
~ 8-1-21.
INTERPRETATION.
In the interpretation and application of this Chapter all provisions shall be:
(a) considered as minimum requirements;
(b) liberally construed in favor of the Governing Body, and;
(c) deemed neither to limit nor repeal any other powers granted under state statutes.
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~ 8-1-22.
WARNING AND DISCLAIMER OF LIABll..ITY.
The degree of flood protection required by this Chapter 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 Chapter 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 Chapter shall not create liability on the part of Augusta, GA, the Commission,
and/or the Augusta-Richmond County Planning Commission or by any officer or employee thereof for any
flood damages that result from reliance on this Chapter or any administrative decision lawfully made
thereunder.
~ 8-1-23.
ENFORCEMENT AND PENALTIES FOR VIOLATION
Violation of the provisions of this Chapter or failure to comply with any of its requirements,
including violation of conditions and safeguards established in connection with grants of variance or
special exceptions shall be reported to the City Engineer. Once a violation is evident, the City Engineer,
acting on behalf of the Commission, shall be empowered to notify the owner in writing of the apparent
violation of this Chapter. The written notice shall direct the owner to cease the development activity until
such time as the requirements and procedures ofthis Chapter have been met. Upon failure of the owner to
comply with this notice, the City Engineer shall notity the City Attorney of the violation; and the City
Attorney shall immediately begin legal procedures in the Superior Court of Richmond County to prevent,
enjoin, abate or remove such violations in addition to injunctive relief. All persons, firms or
corporations failing to comply with the mandatory provisions hereof or doing any act prohibited hereby
shall be guilty of an offense and, upon conviction thereof, be fined not more than one thousand dollars
($1,000.00) or imprisoned for not more than sixty (60) 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 contained herein shall prevent the Commission from taking such other lawful action as
is necessary to prevent or remedy any violation.
~ 8-1-24 - - 8-1-28.
RESERVED.
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ARTICLE 4
ADMINISTRATION
~ 8-1-29.
DESIGNATION OF EXECUTIVE DIRECTOR.
The Executive Director of the Augusta-Richmond County Planning Commission is hereby
appointed to administer and implement the provisions of this Chapter.
~ 8-1-30.
PERMIT PROCEDURES.
Application for a Development Permit shall be made to the Executive Director 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:
(a) Application Stage-
(I) Elevation in relation to mean sea level (or highest adjacent grade) of the lowest
floor, including basement, of all proposed structures;
(2) Elevation in relation to mean sea level to which any non-residential structure
will be flood-proofed;
(3) Design certification from a registered professional engineer or architect that
any proposed non-residential flood-proofed structure will meet the flood-
proofing criteria of Article 5, Section 8-1-44(b);
(4) Description of the extent to which any watercourse will be altered or relocated
as a result of a proposed development, and;
(b) 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 flood-
proofing 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 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 same.
Any work undertaken prior to submission of these certifications shall be at the permit
holder's risk.
The Executive Director 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
10
certification or failure to make said corrections required hereby, shall be cause to issue a
Stop- Work Order for the proiect.
~ 8-1.31.
DUTIES AND RESPONSmILITIES OF THE EXECUTIVE DIRECTOR
Duties of the Executive Director shall include, but shall not be limited to:
(a) Review all Development Permits to assure that the pennit requirements of this Chapter
have been satisfied;
(b) 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 V.S.C. 1334. Require that copies of such permits be provided and maintained on file.
(c) 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).
(d) 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.
(e) Verify 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 Article 4, Section 8-1-30(b).
(f) Verify 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 Article 4,
Section 8-1-30(b).
(g) When flood-proofing is utilized for a structure, the Executive Director shall obtain
certification of design criteria from a registered professional engineer or architect in
accordance with Article 4, Section 8-1-30(a)(3) and Article 5, Section 8-1-44(b) or
Article 5, Section 8-1-47(b).
(h) 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 Executive Director 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 Chapter.
(i) When Base Flood Elevation data or floodway data have not been provided in accordance
with Article 3, Section 8-1-17, then the Executive Director 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 Article 5.
G) All records pertaining to the provisions of this Chapter shall be maintained in the office
of the Executive Director and shall be open for public inspection.
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~ 8-1-32.
(a)
VAB1ANCEPROCEDURES
The Zoning Board of Appeals as established by the Commission shall hear and decide
requests for appeals or variance from the requirements of this Chapter.
(b)
The Zoning Board of Appeals shall hear and decide appeals when it is alleged an error
in any requirement, decision, or determination is made by the Executive Director in the
enforcement or administration of this Chapter.
(c)
Any person aggrieved by the decision of the Zoning Board of Appeals may appeal such
decision to the Superior Court of Richmond County, Georgia, as provided in a.c.G.A.
Sec. 5-4-1; however all appeals shall be on record and shall not be de novo.
(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)
In reviewing such requests, the Zoning Board of Appeals shall consider all technical
evaluations, relevant factors, and all standards specified in this and other sections of this
Chapter, and:
(1) The danger that materials may be swept onto other lands to the injury of others;
(2) The danger to life and property due to flooding or erosion damage;
(3) The susceptibility of the proposed facility and its contents to flood damage and
the effect of such damage on the individual owner;
(4) The importance of the services provided by the proposed facility to the
community;
(5) The necessity to the facility of a waterfront location, in the case of a
functionally dependent facility;
(6) The availability of alternative locations, not subject to flooding or erosion
damage, for the proposed use;
(7) The compatibility of the proposed use with existing and anticipated
development;
(8) The relationship of the proposed use to the Comprehensive Plan and Floodplain
Management Program for that area;
(9) The safety of access to the property in times of flood for ordinary and
emergency vehicles;
(10) The expected heights, velocity, duration, rate of rise and sediment transport of
floodwaters and the effects of wave action, if applicable, expected at the site;
and
(11) The costs of providing governmental services during and after flood conditions,
including maintenance and repair of public utilities and facilities such as sewer,
gas, electrical, and water systems, and streets and bridges.
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(t) Upon consideration of the fuctors listed above and the purposes of this Chapter, the
Zoning Board of Appeals may attach such conditions to the granting of variances as it
deems necessary to further the purposes of this Chapter.
(g) Variances shall not be issued within any designated floodway, or lower floodway fringe,
if ANY increase in flood levels during the base flood discharge would result.
(h) Conditions for Variances:
(1) The provisions of this Chapter are minimum standards for flood loss reduction.
therefore any deviation from the standards must be weighed carefully.
Variances shall only be issued upon 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.
(2) A variance shall be issued ONLY when there is:
(a) a finding of good and sufficient cause,
(b) a determination that failure to grant the variance would result in
exceptional hardship, and;
(c) a determination that the granting of a variance will not result in
increased flood heights, additional threats to public safety,
extraordinary public expense, create nuisance, cause fraud on or
victimization of the public, or conflict with existing local laws or
ordinances.
(3) Any applicant to whom a variance is granted shall be given written notice
specifying the difference between the base flood elevation and the elevation 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.
(i) The Executive Director shall maintain the records of all appeal actions and report any
variances to the Federal Emergency Management Agency upon request.
G) 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.
~ 8-1-33 - - 8-1-42.
RESERVED.
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ARTICLE 5
PROVISIONS FOR FLOOD HAZARD REDUCTION
~ 8-1-43.
GENERAL STANDARDS
In ALL Areas of Special Flood Hazard the following provisions are required:
(a) New construction and substantial improvements of existing structures shall be anchored
to prevent flotation, collapse or lateral movement of the structure;
(b) 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 shalI be in addition to and consistent
with applicable State requirements for resisting wind forces;
(c) New construction and substantial improvements of existing structures shalI be
constructed with materials and utility equipment resistant to flood damage;
(d) New construction or substantial improvements of existing structures shall be constructed
by methods and practices that minimize flood damage;
(e) All heating and air conditioning equipment and components, 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;
(f) New and replacement water supply systems shall be designed to minimize or eliminate
infiltration of flood waters into the system;
(g) Replacement sanitary sewage systems shall be designed to mmUnIze or eliminate
infiltration of flood waters into the systems and discharges from the systems into flood
waters;
(h) New on-site waste disposal systems shall be located within the Special Flood Hazard
Area per the provisions of the Georgia Onsite Wastewater Regulations;
(i) Any alteration, repair, reconstruction or improvement to a structure which is not
compliant with the provisions of this Chapter, shalI be undertaken only if the non-
conformity is not furthered, extended or replaced; and
G) Elevated Buildings - All new construction or substantial improvements of existing
structures that include ANY fulIy enclosed area located below the lowest floor formed by
foundation and other exterior walls shaIl be designed so as to be an unfinished or flood
resistant enclosure. The enclosure shall be designed to equalize hydrostatic flood forces
on exterior waIls by allowing for the automatic entry and exit of floodwater.
(1) Designs for complying with this requirement must either be certified by a
professional engineer or architect or meet the following minimum criteria:
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a) 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;
b) The bottom of all openings shall be no higher than one foot above
grade; and,
c) Openings may be equipped with screens, louvers, valves or other
coverings or devices provided they permit the automatic flow of
floodwater in both directions.
(2) So as not to violate the "Lowest Floor" criteria of this Chapter, 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
(3) The interior portion of such enclosed area shall not be partitioned or finished
into separate rooms.
~ 3-1-44.
SPECIFIC STANDARDS
In ALL areas of Special Flood Hazard the following provisions are required:
(a) New construction and substantial improvements. Where base flood elevation data are
available, new construction or substantial improvement of any structure or manufactured
home shall have the lowest floor, including basement, elevated no lower than three (3)
feet above the base flood elevation. Should solid foundation perimeter walls be used to
elevate a structure, openings sufficient to facilitate the unimpeded movements of flood
waters shall be provided in accordance with standards of Article 5, Section 8-1-430),
"Elevated Buildings".
(b) Non-Residential Construction. New construction or the substantial improvement of any
structure located in Al-30, AE, or AH zones, 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 three (3) 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 Article 4, Section 8-1-31 (g).
(c) Standards for Manufactured Homes and Recreational Vehicles. Where base flood
elevation data are available:
(1) All manufactured homes placed or substantially improved on: (1) individual
lots or parcels, (2) in new 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 three (3) feet above the base flood elevation.
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(2) Manufactured homes placed or substantially improved in an existing
manufactured home park or subdivision may be elevated so that either:
(a) The lowest floor of the manufactured home is elevated no lower than
three (3) feet above the level of the base flood elevation, or
(b) 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.
(3) All manufactured homes must be securely anchored to an adequately anchored
foundation system to resist flotation, collapse and lateral movement. (ref.
Article 5, Section 8-1-43(b)).
(4) All recreational vehicles placed on sites must either:
(a) 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
(b) The recreational vehicle must meet all the requirements for "New
Construction", including the anchoring and elevation requirements of
Article 5, Section 8-1-44(c)(I) and (3).
(d) Floodway. Located within areas of Special Flood Hazard established in Article 3,
Section 8-1-17, are areas designated as floodway. A floodway may be an extremely
hazardous area due to velocity flood waters, 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:
(1) 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 m!Y increase in flood levels or floodway widths
during a base flood discharge. A registered professional engineer must provide
supporting technical data and certification thereof.
(2) ONLY if Article 5, Section 8-1-44( d)(1) above is satisfied, then any new
construction or substantial improvement shall comply with all other applicable flood
hazard reduction provisions of Article 5.
(3) The placement of manufactured homes, except in an existing manufactured home
park or subdivision, shall be prohibited. A replacement manufactured home may be
placed on a lot in an existing manufactured home park or subdivision provided the
anchoring standards of ~ 8-1-43 (b) are met, and the elevation standards of ~ 8-1-44
(a) and the encroachments standards of subsection (I) of this Section are met.
(4) Removal of trees and other vegetation may not be a consideration in calculating the
effect of proposed encroachments on flood levels during the occurrence of the base
flood discharge.
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(e) Floodway fringe, lower. Within the lower floodway fringe is the area between the
floodway and the upper floodway fringe that is lower than a lines one-half (112) the
distance between the floodway and the boundary of the area of Special Flood Hazard.
The lower floodway fringe is a transitional area that is hazardous due to its proximity to
the floodway and encroachment by fill or development within this area could have
serious impact on the entire floodplain. The following provisions shall apply with the
lower floodway fringe:
(I) Encroachments, including fill, new construction, substantial improvements and
other developments shall be prohibited unless certification by a registered
professional engineer, with supporting technical data, is provided to the
Executive Director demonstrating that encroachments shall not result in any
increase in flood levels during occurrence of base flood discharge;
(2) If Article 5, Section 8-1-44( d)( I) is satisfied, all new construction and
substantial improvements shall comply with all applicable flood hazard
reduction provisions of Article 5.
(3) The placements of manufactured homes, except in an existing manufactured
home park or subdivision, shall be prohibited. A replacement manufactured
home may be placed on a lot in an existing manufactured home park or
subdivision provided the anchoring standards of Article 5, Section 8-1-43(b),
and tbe elevation standards of Article 5, Section 8-1-44(a), and the
encroachment standards of Article 5, Section 8-1-44(d)(I) are met.
(4) Removal of trees and other vegetation may not be a consideration in calculating
the effect of proposed encroachments on flood levels during the occurrence of
the base flood discharge.
(k) Large Tracts. If a tract contains over one (1) acre located within the area of Special
Flood Hazard, then development or land disturbance on that portion of the tract located
within the Special Flood Hazard area shall comply with the standards for lower
floodway fringe set forth in ~ 8-1-44 ( e).
(I) Other area unsuitable for development. Land subject to flooding that is not located
within a mapped area of Special Flood Hazard may, at the discretion of the Executive
Director or City Engineer, be required to comply with any or all standards set forth in
this Chapter.
(m) Grading in the area of the Special Flood Hazard. Grading (including excavating, filling,
or any culmination thereot) shall be prohibited in the area of the Special Flood Hazard
except for the following:
(I) Minimum land disturbing activities such as home gardens and individual home
landscaping, repairs, maintenance work and other related activities;
(2) Agricultural practices involving the establishment, cultivation or harvesting or
products of the field or orchard, preparing and planting of pasture land, forestry
land management practices including harvesting (where stumps are not
removed), farm ponds, dairy operations, livestock and poultry management
practices and the construction of farm buildings.
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~
(3) Projects permitted by or carried out under the technical supervision of the u.s.
Department of Agriculture, U.s. Army Corps of Engineers, or any other agency
of the U.S. Government;
(4) Cemetery graves;
(5) Excavation for wells or tunnels or utilities;
(6) Approved mining, quarrying, stockpiling of rock, sand, gravel aggergrates or
clay where established and provided for by law;
(7) Exploratory excavations under the direction of soils engineers or engineering
geologists; .
(8) Where consistent with other provisions of this Chapter, minimum grading for
land development or construction which does not result in topographic changes
greater than 2 feet at any location and which is not for the sole purpose of
elevating structures pursuant to Article 5, Section 8-1-44(a) and Article 5,
Section 8-1-44(b) of th is Chapter. In no case, shall fill be transported into the
area of Special Flood Hazard.
(9) Construction activities at existing Industrial Sites which were developed before
the effective date of the FIRST Floodplain Management Ordinance adopted by
Augusta, GA as a basis for Augusta's participation in the National Flood
Insurance Program (NFIP), such as dikes, ditches and ponds.
(n)
As-built Drawings and Certification. Within the area of the Special Flood Hazard, as-
built drawings and certifications shall be provided by a registered professional engineer
and/or a registered land surveyor pursuant to 8-1-30(b) and 8-1-44(b) of this Ordinance
and also when required by the Site Plan Regulations or the Subdivision Regulations.
As-built drawings and certifications may be required in other situations at the discretion
of the Executive Director.
~ 8-1-45.
BUILDING STANDARDS FOR STREAMS WITHOUT ESTABLISHED BASE
FLOOD ELEVATIONS AND/OR FLOODW AYS (A-ZONES).
Located within the Areas of Special Flood Hazard established in Article 3, Section 8-1-17, 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:
(a) No encroachments, including structures or fill material, shall be located within an area
equal to five (5) times the width of the stream or twenty (20) 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 any increase in flood levels during the occurrence of the base flood discharge.
(b) 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. Openings sufficient to facilitate the unimpeded
movements of flood waters shall be provided in accordance with standards of Article 5,
Section 8-1-430), "Elevated Buildings".
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fo
~ 8-1-46.
(a)
(d)
~ 8-1-47.
'.
The Executive Director shall certify the lowest floor elevation level and the record shall
become a permanent part of the permit file.
(c)
When base flood elevation data or floodway data have not been provided in accordance
with Article 3, Section 8-1-17, then the Executive Director 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
Article 5. ONLY if data are not available from these sources, then the provisions of (a)
and (b) of this Section shall apply.
STANDARDS FOR SUBDIVISIONS.
All subdivision proposals shall be consistent with the need to minimize flood damage;
(b)
All subdivision proposals shall have public utilities and mcilities such as sewer, gas,
electrical and water systems located and constructed to minimize flood damage;
(c)
All subdivision proposals shall have adequate drainage provided to reduce exposure to
flood hazards, and;
Base flood elevation data shall be provided for subdivision proposals and all other
proposed development, including manumctured home parks and subdivisions, greater
than fifty (50) lots or five (5) acres, whichever is less.
STANDARDS FOR AREAS OF SHALWW FWODING (AO ZONES).
Areas of Special Flood Hazard established in Article 3, Section 8-1-17, may include designated
"AO" shallow flooding areas. These areas have base flood depths of one to three feet (I '-3') above ground,
with no clearly defined channel. The following provisions apply:
(a) All new construction and substantial improvements of residential and non-residential
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. Ifno 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 mcilitate the unimpeded movements of flood waters shall be provided in accordance
with standards of Article 5, Section 8-1-430), "Elevated Buildings".
The Executive Director shall certify the lowest floor el~vation level and the record shall
become a permanent part of the permit file.
(b) New construction or the substantial improvement ofa non-residential structure:
(I) 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.
(2) 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 one (I) foot, above highest adjacent grade, with
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;",
..
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 Articles 4, Section 8-1-30(a)(3) and Article 4, Section 8-1-30(b).
(c) Drainage paths shall be provided to guide floodwater around and away from any
proposed structure.
~ 8-1-48 - - ~ 8-1-50. RESERVED.
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~
..
~ 8-1-51.
SEVERABILITY
If any Section, clause, sentence, or phrase of this Chapter is held to be invalid or unconstitutional
by any court of competent jurisdiction, then said holding shall in no way effect the validity of the
remaining portions of this Chapter.
Section 2.
This Chapter shall become effective upon adoption.
Section 3.
All Ordinances or parts of Ordinances in conflict with this Chapter are hereby repealed.
Duly adopted by the Augusta Comm ission this 17 t h
October
day of
,2000.
,<
ATTEST:
~
I kofCo 1 10
1st Reading 10-3-00
2nd Reading 10-17-00
Published in the Augusta Chronicle October 24, 2000
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