HomeMy WebLinkAboutORD 6977 CITY CODE 8-1-44 SEVERALABILITY
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Ordinance No. 6977
ORDINANCE TO AMEND SECTION 8-1-44 OF ORDINANCE NO. 6321, ADOPTED
OCTOBER 17, 2000 BY THE AUGUSTA COMMISSION, TO PROVIDE FOR TECHNICAL
AND EDITORIAL CHANGES IN THE ORDINANCE; TO PROVIDE FOR
SEVERALABILITY; TO PROVIDE AN EFFECTIVE DATE AND FOR OTHER LAWFUL
PURPOSES.
NOW, THEREFORE, BE IT ORDAINED BY THE AUGUST A-RICHMOND COUNTY
COMMISSION AND IS HEREBY ORDAINED BY THE AUTHORITY OF THE SAME, AS
FOLLOWS:
SECTION 1. PURPOSE
The purpose of this ordinance is to provide for editorial and technical changes to Section
8-1-44 of Ordinance No. 6321, adopted October 17, 2000 by the Augusta Commission.
SECTION 2. Section 8-1-44 of Ordinance No. 6321, adopted October 17, 2000 by the Augusta
Commission, is hereby amended by striking said section in its entirety and substituting in lieu
thereof the following:
~ 8-1-44. 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, S 8-1-430), "Elevated Buildings".
(b) Non-Residential Construction. New construction or the substantial improvement of any
structure located in AI-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, ~ 8-1-31 (g).
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(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) individua110ts 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.
(2) Manufactured homes placed or substantially improved in an existing manufactured
home park or subdivision must 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, S 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 anchoring and elevation requirements of Article 5, S 8-1-44(c)(I) and (3).
(d) Floodway. Located within areas of Special Flood Hazard established in Article 3, ~ 8-1-
17 are areas designated as floodway. A floodway may be an extremely hazardous area due to the
velocity of 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
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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 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
(2) ONLY if Article 5, ~ 8-1-44( d)(I) 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 S 8-1 -
43(b) are met, and the elevation standards of S 8-1-44(a) and the encroachments standards of
subsection (1) 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.
(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 line one-half (1/2) 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 within the lower floodway fringe:
(1) 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, ~ 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.
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(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, S 8-1-43(b), and the elevation standards of Article 5, S 8-1-44(a), and the encroachment
standards of Article 5, S 8-1-44(d)(I) are met.
(4) Removal of trees and other vegetation many not be a consideration in calculating the
effect of proposed encroachments on flood levels during the occurrence of the base flood
discharge.
(f) Large tracts. Ifa 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).
(g) 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.
(h) Grading in the area of the Special Flood Hazard. Grading (including excavating, filling, or
any culmination thereof) shall be prohibited in the area of Special Flood Hazard except for the
following:
(1) 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.
(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;
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(5) Excavation for wells or tunnels or utilities
(6) Approved mining, quarrying, stockpiling of rock, sand, gravel, aggregates 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, S
8-1-44(a) and Article 5,.g 8-1-44(b) of this Chapter. In no case, shall fill be transported into the
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,
(i) 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.
SECTION 17. All ordinances and parts of ordinances in conflict herewith are hereby repealed.
SECTION 18. This ordinance shall be effective upon its adoption.
SECTION 19. If any section, provision or clause of any part of this ordinance is declared invalid
or unconstitutional or if the provisions of any part of this ordinance as applied to any particular
situation or set of circumstances be declared invalid or unconstitutional such invalidity shall not
be construed to affect portions of this ordinance not so held to be invalid.
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Duly adopted this -5..t1L day of June
,2007.
Seal
First reading:
May 15
Second reading:
June 5,
~4~
Mayor
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