§ 3.01.00. Floodplain protection.

3.01.01.

General provisions.

A.

The purpose of this article is to protect, maintain and enhance the public health, safety, environment and general welfare and to minimize public and private losses due to flood conditions in flood hazard areas, as well as to protect the beneficial uses of floodplain areas for water quality protection, streambank and stream corridor protection, wetlands preservation, and ecological and environmental protection by provisions designed to:

1.

Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial development, ground disturbance or construction;

2.

Restrict or prohibit uses which are dangerous to health, safety and property due to flooding or erosion hazards, or which increase flood heights, velocities, or erosion;

3.

Control filling, grading, dredging, and other development which may increase flood damage or erosion;

4.

Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands;

5.

Limit the alteration of natural floodplains, stream channels, and natural protective barriers, which are involved in the accommodation of flood waters; and

6.

Protect the stormwater management, water quality, streambank protection, stream corridor protection, wetland preservation, and ecological functions of natural floodplain areas.

B.

Applicability. This article shall be applicable to all areas of special flood hazard within Henry County.

C.

Basis for establishing areas of special flood hazard, areas of future-conditions flood hazard and associated floodplain characteristics—Flood area maps and studies. For the purposes of defining and determining "areas of special flood hazard," "areas of future-conditions flood hazard," "areas of shallow flooding," "base flood elevations," "floodplains," "floodways," "future-conditions flood elevations," "future-conditions floodplains," potential flood hazard or risk categories as shown on FIRM maps, and other terms used in this article, the following documents and sources may be used for such purposes and are adopted by reference thereto:

1.

The flood insurance study (FIS), dated May 16, 2006, with accompanying maps and other supporting data and any revision thereto. For those land areas acquired by a municipality through annexation, the current effective FIS and data for Henry County dated May 16, 2006, with accompanying maps and other supporting data and any revision thereto.

2.

Other studies, which may be relied upon for the establishment of the base flood elevation or delineation of the base or one-percent (100-year) floodplain and flood-prone areas, including:

a.

Any flood or flood-related study conducted by the United States Army Corps of Engineers, the United States Geological Survey or any other local, state or federal agency applicable to Henry County; and

b.

Any base flood study conducted by a licensed professional engineer which has been prepared utilizing FEMA approved methodology and approved by Henry County Stormwater Management Department.

3.

Other studies, which may be relied upon for the establishment of the future-conditions flood elevation or delineation of the future-conditions floodplain and flood-prone areas, including:

a.

Any flood or flood-related study conducted by the United States Army Corps of Engineers, the United States Geological Survey, or any other local, state or federal agency applicable to Henry County; and

b.

Any future-conditions flood study conducted by a licensed professional engineer which has been prepared utilizing FEMA approved methodology approved by the Henry County Stormwater Management Department.

4.

The repository for public inspection of the FIS, accompanying maps and other supporting data is located at Henry County Stormwater Management Department.

D.

Warning and disclaimer of liability. The degree of flood protection required by this article 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 manmade or natural causes. This article 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 article shall not create liability on the part of Henry County or any officer or employee thereof for any flood damages that result from reliance on this article or any administrative decision lawfully made there under.

E.

Compatibility with other regulations. This article is not intended to modify or repeal any other article, rule, regulation, statute, easement, covenant, deed restriction or other provision of law. The requirements of this article are in addition to the requirements of any other article, rule, regulation or other provision of law, and where any provision of this article imposes restrictions different from those imposed by any other article, rule, regulation or other provision of law, whichever provision is more restrictive or imposes higher protective standards for human health or the environment shall control.

F.

Severability. If the provisions of any section, subsection, paragraph, subdivision or clause of this article shall be adjudged invalid by a court of competent Henry County, such judgment shall not affect or invalidate the remainder of any section, subsection, paragraph, subdivision or clause of this article.

G.

Responsibility for administration. The Henry County Stormwater Management Department Director or designee is hereby appointed to administer and implement the provisions of this article.

3.01.02.

Permit procedures and requirements.

A.

Permit application requirements. No owner or developer shall perform any development activities on a site where an area of special flood hazard or area of future-conditions flood hazard is located without first meeting the requirements of this article prior to commencing the proposed activity.

Unless specifically excluded by this article, any landowner or developer desiring a permit for a development activity shall submit to the Henry County Environmental Compliance and Plan Review Department a permit application on a form provided by the Environmental Compliance and Plan Review Department for that purpose.

No permit will be approved for any development activities that do not meet the requirements, restrictions and criteria of this article.

B.

Floodplain management plan requirements. An application for a development project with any area of special flood hazard or area of future-conditions flood hazard located on the site shall include a floodplain management/flood damage prevention plan. This plan shall include the following items:

1.

Site plan drawn to scale, which includes, but is not limited to:

a.

Existing and proposed elevations of the area in question and the nature, location and dimensions of existing and/or proposed structures, earthen fill placement, amount and location of excavation material, and storage of materials or equipment;

b.

For all proposed structures, spot ground elevations at building corners and twenty-foot or smaller intervals along the foundation footprint, or one (1) foot contour elevations throughout the building site;

c.

Proposed locations of water supply, sanitary sewer, and utilities;

d.

Proposed locations of drainage and stormwater management facilities;

e.

Proposed grading plan;

f.

Base flood elevations and future-conditions flood elevations;

g.

Boundaries of the base flood floodplain and future-conditions floodplain;

h.

If applicable, the location of the floodway; and

i.

Certification of the above by a licensed professional engineer or surveyor.

2.

Building and foundation design detail, including, but not limited to:

a.

Elevation in relation to mean sea level (or highest adjacent grade) of the lowest floor, including basement, of all proposed structures;

b.

Elevation in relation to mean sea level to which any nonresidential structure will be floodproofed;

c.

Certification that any proposed nonresidential floodproofed structure meets the criteria in subsection 3.01.03.C.2.;

d.

For enclosures below the base flood elevation, location and total net area of flood openings as required in subsection 3.01.04.A.5.; and

e.

Design plans certified by a licensed professional engineer for all proposed structure(s).

3.

Description of the extent to which any watercourse will be altered or relocated as a result of the proposed development;

4.

Hard copies and digital files of computer models, if any, copies of work maps, comparison of pre- and post-development conditions base flood elevations, future-conditions flood elevations, flood protection elevations, special flood hazard areas and regulatory floodways, flood profiles and all other computations and other information similar to that presented in the FIS;

5.

Copies of all applicable state and federal permits necessary for proposed development, including, but not limited to, permits required by Section 404 of the Federal Water Pollution Control Act, Amendments of 1972, 33 U.S.C. 1334; and

6.

All appropriate certifications required under this article. The approved floodplain management/flood damage prevention plan shall contain certification by the applicant that all development activities will be done according to the plan or previously approved revisions. Any and all development permits and/or use and occupancy certificates or permits may be revoked at any time if the construction and development activities are not in strict accordance with approved plans.

C.

Construction stage submittal requirements. For all new construction and substantial improvements on sites with a floodplain management/flood damage prevention plan, the permit holder shall provide to the director of the building department or designee:

1.

A certified as-built elevation certificate; or

2.

Floodproofing certificate for nonresidential construction including the lowest floor elevation or floodproofing level immediately after the lowest floor or floodproofing is completed.

A final elevation certificate shall be provided after completion of construction including final grading of the site. Any lowest floor certification made relative to mean sea level shall be prepared by or under the direct supervision of a licensed land surveyor or professional engineer and certified by same. When floodproofing is utilized for nonresidential structures, said certification shall be prepared by or under the direct supervision of a licensed professional engineer or architect and certified by same using the FEMA Floodproofing Certificate. This certification shall also include the design and operation/maintenance plan to assure continued viability of the floodproofing measures.

Any work undertaken prior to approval of these certifications shall be at the permit holder's risk. The Henry County Stormwater Management Department Director or designee 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 work being allowed to proceed. Failure to submit certification or failure to make the corrections required hereby shall be cause to issue a stop work order for the project.

D.

Duties and responsibilities of the administrator. Duties of the Henry County Stormwater Management Department Director or designee shall include, but shall not be limited to:

1.

Review all development applications and permits to assure that the requirements of this article have been satisfied and to determine whether proposed building sites will be reasonably safe from flooding;

2.

Review proposed development to assure that all necessary permits have been received from those governmental agencies from which approval is required by federal or state law, including, but not limited to, Section 404 of the Federal Water Pollution Control Act, Amendments of 1972, 33 U.S.C. 1334;

3.

When base flood elevation data or floodway data have not been provided, then the Henry County Stormwater Management Department Director or designee shall require the applicant to obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other sources in order to meet the provisions of sections 3.01.03 and 3.01.04;

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 and substantially improved structures;

5.

Review and record the actual elevation, in relation to mean sea level to which any substantially improved structures have been floodproofed;

6.

When floodproofing is utilized for a nonresidential structure, the Henry County Stormwater Management Department Director or designee shall review the design and operation/maintenance plan and obtain certification from a licensed professional engineer or architect;

7.

Notify affected adjacent communities and the Georgia Department of Natural Resources (GA DNR) prior to any alteration or relocation of a watercourse and submit evidence of such notification to the Federal Emergency Management Agency (FEMA);

8.

Where interpretation is needed as to the exact location of boundaries of the areas of special flood hazard (e.g. where there appears to be a conflict between a mapped boundary and actual field conditions) the Henry County Stormwater Management Department Director or designee 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 article. Where floodplain elevations have been defined, the floodplain shall be determined based on flood elevations rather than the area graphically delineated on the floodplain maps;

9.

All records pertaining to the provisions of this article shall be maintained in the office of the Henry County Stormwater Management Department Director or designee and shall be open for public inspection;

10.

Coordinate all FIRM revisions with the GA DNR and FEMA; and

11.

Coordinate with the planning and zoning department the review of applicable variance applications and make recommendations that will be presented to the Henry County Board of Commissioners.

3.01.03.

Standards for development.

A.

Definition of floodplain boundaries.

1.

Studied "A" zones, as identified in the FIS, shall be used to establish base flood elevations whenever available.

2.

For all streams with a drainage area of one hundred (100) acres or greater, the future-conditions flood elevations shall be provided by the Henry County Stormwater Management Department. If future-conditions elevation data is not available from the Henry County Stormwater Management Department, then it shall be determined by a licensed professional engineer using a method approved by FEMA and the Henry County Stormwater Management Department.

B.

Definition of floodway boundaries. The width of a floodway shall be determined from the FIS or FEMA approved flood study. For all streams with a drainage area of one hundred (100) acres or greater, the regulatory floodway shall be provided by the Henry County Stormwater Management Department. If floodway data is not available from the Henry County Stormwater Management Department, it shall be determined by a licensed professional engineer using a method approved by FEMA and the Henry County Stormwater Management Department.

C.

General standards.

1.

No development shall be allowed within any area of special flood hazard or area of future-conditions flood hazard that could result in any of the following:

a.

Raising the base flood elevation or future-conditions flood elevation equal to or more than 0.01 foot;

b.

Reducing the base flood or future-conditions flood storage capacity;

c.

Changing the flow characteristics as to the depth and velocity of the waters of the base flood or future-conditions flood as they pass both the upstream and the downstream boundaries of the development area; or

d.

Creating hazardous or erosion-producing velocities, or resulting in excessive sedimentation.

2.

Any development within any area of special flood hazard or area of future-conditions flood hazard allowed under subsection 3.01.03.C.1. shall also meet the following conditions:

a.

Compensation for storage capacity shall occur between the average ground water table elevation and the base flood elevation for the base flood, and between the average ground water table elevation and the future-condition flood elevation for the future-conditions flood, and lie either within the boundaries of ownership of the property being developed and shall be within the immediate vicinity of the location of the encroachment. Acceptable means of providing required compensation include lowering of natural ground elevations within the floodplain, or lowering of adjoining land areas to create additional floodplain storage. In no case shall any required compensation be provided via bottom storage or by excavating below the elevation of the natural (pre-development) stream channel unless such excavation results from the widening or relocation of the stream channel;

b.

Cut areas shall be stabilized and graded to a slope of no less than two (2.0) percent;

c.

Effective transitions shall be provided such that flow velocities occurring on both upstream and downstream properties are not increased or decreased;

d.

Verification of no-rise conditions (less than 0.01 foot), flood storage volumes, and flow characteristics shall be provided via a step-backwater analysis meeting the requirements of subsection 3.01.03.D.;

e.

Public utilities and facilities, such as water, sanitary sewer, gas, and electrical systems, shall be located and constructed to minimize or eliminate infiltration or contamination from floodwaters; and

f.

Any significant physical changes to the base flood floodplain shall be submitted as a conditional letter of map revision (CLOMR) or conditional letter of map amendment (CLOMA), whichever is applicable. The CLOMR submittal shall be subject to approval by the Henry County Stormwater Management Department using the FEMA Community Concurrence forms before forwarding the submittal package to FEMA for final approval. The responsibility for forwarding the CLOMR to FEMA and for obtaining the CLOMR approval shall be the responsibility of the applicant. Within six (6) months of the completion of development, the applicant shall submit as-built surveys and plans for a final letter of map revision (LOMR).

D.

Engineering study requirements for floodplain encroachments. An engineering study is required, as appropriate to the proposed development activities on the site, whenever a development proposes to disturb any land within the future-conditions floodplain, except for a residential single-lot development on streams without established base flood elevations and floodways. This study shall be prepared by a licensed professional engineer and made a part of the application for a permit. This information shall be submitted to and approved by the Henry County Stormwater Management Department prior to the approval of any permit which would authorize the disturbance of land located within the future-conditions floodplain. Such study shall include:

1.

Description of the extent to which any watercourse or floodplain will be altered or relocated as a result of the proposed development;

2.

Step-backwater analysis, using a FEMA-approved methodology approved by the Henry County Stormwater Management Department. Cross-sections (which may be supplemented by the applicant) and flow information will be obtained whenever available. Computations will be shown duplicating FIS results and will then be rerun with the proposed modifications to determine the new base flood profiles, and future-conditions flood profiles;

3.

Floodplain storage calculations based on cross-sections (at least one (1) every one hundred (100) feet) showing existing and proposed floodplain conditions to show that base flood floodplain and future-conditions floodplain storage capacity would not be diminished by the development;

4.

The study shall include a preliminary plat, grading plan, or site plan, as appropriate, which shall clearly define all future-conditions floodplain encroachments.

E.

Floodway encroachments. Located within areas of special flood hazard are areas designated as floodway. A floodway may be an extremely hazardous area due to velocity flood waters, debris or erosion potential. In addition, floodways 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, except for activities specifically allowed in subsection 3.01.03.E.2. below.

2.

Encroachments for bridges, culverts, roadways and utilities within the regulatory floodway may be permitted provided it is demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the encroachment will not result in any increase to the pre-project base flood elevations, floodway elevations, or floodway widths during the base flood discharge. A licensed professional engineer must provide supporting technical data and certification thereof; and

3.

If the applicant proposes to revise the floodway boundaries, no permit authorizing the encroachment into or an alteration of the floodway shall be issued by the environmental compliance and plan review department until an affirmative conditional letter of map revision (CLOMR) is issued by FEMA or a no-rise certification is approved by the Henry County Stormwater Management Department.

F.

Maintenance requirements. The property owner shall be responsible for continuing maintenance as may be needed within an altered or relocated portion of a floodplain on the property so that the flood-carrying or flood storage capacity is maintained. The Henry County Stormwater Management Department may direct the property owner (at no cost to Henry County) to restore the flood-carrying or flood storage capacity of the floodplain if the owner has not performed maintenance as required by the approved floodplain management plan on file with the Henry County Stormwater Management Department.

3.01.04.

Provisions for flood damage reduction.

A.

General standards. In all areas of special flood hazard and areas of future-conditions flood hazard the following provisions apply:

1.

New construction and substantial improvements of structures (residential or nonresidential), including manufactured homes, shall not be allowed within the limits of the future-conditions floodplain, unless all requirements of subsections 3.01.03.C., D., and E. have been met;

2.

New construction and substantial improvements shall be anchored to prevent flotation, collapse and lateral movement of the structure;

3.

New construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage;

4.

New construction and substantial improvements shall be constructed by methods and practices that minimize flood damage;

5.

Elevated buildings. All new construction and substantial improvements 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 licensed professional engineer or architect to meet or exceed the following minimum criteria:

1.

Provide a minimum of two (2) openings having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding;

2.

The bottom of all openings shall be no higher than one (1) foot above grade; and

3.

Openings may be equipped with screens, louvers, valves or other coverings or devices provided they permit the automatic flow of floodwater in both directions.

b.

So as not to violate the "lowest floor" criteria of this article, the unfinished and flood resistant enclosure shall solely 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 finished or partitioned into separate rooms.

6.

All heating and air conditioning equipment and components (including ductwork), all electrical, ventilation, plumbing, and other service facilities shall be designed and/or located three (3) feet above the base flood elevation or one (1) foot above the future-conditions flood elevation, whichever is higher, so as to prevent water from entering or accumulating within the components during conditions of flooding;

7.

Manufactured homes shall be anchored to prevent flotation, collapse, and 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;

8.

All proposed development shall include adequate drainage and stormwater management facilities per the requirements of the Henry County Stormwater Management Department to reduce exposure to flood hazards;

9.

New and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system;

10.

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 floodwaters;

11.

On-site waste disposal systems shall be located and constructed to avoid impairment to, or contamination from, such systems during flooding;

12.

Other public utilities such as gas and electric systems shall be located and constructed to avoid impairment to them, or public safety hazards from them, during flooding;

13.

Any alteration, repair, reconstruction or improvement to a structure which is not compliant with the provisions of this article, shall be undertaken only if the nonconformity is not furthered, extended or replaced;

14.

If the proposed development is located in multiple flood zones, or multiple base flood elevations cross the proposed site, the higher or more restrictive base flood elevation or future condition elevation and development standards shall take precedence;

15.

When only a portion of a proposed structure is located within a flood zone or the future conditions floodplain, the entire structure shall meet the requirements of this article; and

16.

Subdivision proposals and other proposed new development, including manufactured home parks or subdivisions, shall be reasonably safe from flooding:

a.

All such proposals shall be consistent with the need to minimize flood damage within the flood-prone area;

b.

All public utilities and facilities, such as sewer, gas, electrical, and water systems shall be located and constructed to minimize or eliminate flood damage; and

c.

Adequate drainage shall be provided to reduce exposure to flood hazards.

B.

Building standards for structures and buildings within the future-conditions floodplain.

1.

Residential buildings.

a.

New construction. New construction of principal residential structures shall not be allowed within the limits of the future-conditions floodplain unless all requirements of subsections 3.01.03.C., D., and E. have been met. If all of the requirements of subsections 3.01.03.C., D., and E. have been met, all new construction shall have the lowest floor, including basement, elevated no lower than three (3) feet above the base flood elevation or one (1) foot above the future-conditions flood elevation, whichever is higher. Should solid foundation perimeter walls be used to elevate the structure, openings sufficient to automatically equalize the hydrostatic flood forces on exterior walls shall be provided in accordance with standards of subsection 3.01.04.A.5.

b.

Substantial improvements. Substantial improvement of any principal residential structure shall have the lowest floor, including basement, elevated no lower than three (3) feet above the base flood elevation or one (1) foot above the future-conditions flood elevation, whichever is higher. Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to automatically equalize the hydrostatic flood forces on exterior walls shall be provided in accordance with standards of subsection 3.01.04.A.5.

2.

Nonresidential buildings.

a.

New construction. New construction of principal nonresidential structures shall not be allowed within the limits of the future-conditions floodplain unless all requirements of subsections 3.01.03.C., D. and E. have been met. If all of the requirements of subsections 3.01.03.C., D. and E. have been met, all new construction shall have the lowest floor, including basement, elevated no lower than one (1) foot above the base flood elevation or at least as high as the future-conditions flood elevation, whichever is higher. Should solid foundation perimeter walls be used to elevate the structure, openings sufficient to automatically equalize the hydrostatic flood forces on exterior walls shall be provided in accordance with standards of subsection 3.01.04.A.5. New construction that has met all of the requirements of subsections 3.01.03.C., D. and E. may be floodproofed in lieu of elevation. The structure, together with attendant utility and sanitary facilities, must be designed to be watertight to one (1) foot above the base flood elevation, or at least as high as the future-conditions flood elevation, whichever is higher, 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 licensed 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 Henry County Stormwater Management Department Director or designee using the FEMA Floodproofing Certificate along with the design and operation/maintenance plan.

b.

Substantial improvements. Substantial improvement of any principal nonresidential structure located in A1-30, AE, or AH zones, may be authorized by the Henry County Stormwater Management Department Director or designee to be elevated or floodproofed. Substantial improvements shall have the lowest floor, including basement, elevated no lower than one (1) foot above the base flood elevation or at least as high as the future-conditions flood elevation, whichever is higher. Should solid foundation perimeter walls be used to elevate the structure, openings sufficient to automatically equalize the hydrostatic flood forces on exterior walls shall be provided in accordance with standards of subsection 3.01.04(A)5. Substantial improvements may be floodproofed in lieu of elevation. The structure, together with attendant utility and sanitary facilities, must be designed to be watertight to one (1) foot above the base flood elevation, or at least as high as the future-conditions flood elevation, whichever is higher, 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 licensed 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 Henry County Stormwater Management Department Director or designee using the FEMA Floodproofing Certificate along with the design and operation/maintenance plan.

3.

Accessory structures and facilities. Accessory structures and facilities (i.e., barns, sheds, gazebos, detached garages, recreational facilities and other similar non-habitable structures and facilities) which meet the requirements of subsections 3.01.03.C., D. and E. and are permitted to be located within the limits of the future-conditions floodplain shall be constructed of flood-resistant materials and designed to provide adequate flood openings in accordance with subsection 3.01.04.A.5. and be anchored to prevent flotation, collapse and lateral movement of the structure.

4.

Standards for recreational vehicles. All recreational vehicles placed on sites must either:

a.

Be on the site for fewer than one hundred eighty (180) consecutive days and 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.

Meet all the requirements for residential buildings—substantial improvements (subsection 3.01.04(B)1.b.), including the anchoring and elevation requirements.

5.

Standards for manufactured homes.

a.

New manufactured homes shall not be allowed to be placed within the limits of the future-conditions floodplain unless all requirements of subsections 3.01.03(C), (D) and (E) have been met. If all of the requirements of subsections 3.01.03(C), (D) and (E) have been met, all new construction and substantial improvement shall have the lowest floor, including basement, elevated no lower than three (3) feet above the base flood elevation or one (1) foot above the future-conditions flood elevation, whichever is higher. Should solid foundation perimeter walls be used to elevate the structure, openings sufficient to automatically equalize the hydrostatic flood forces on exterior walls shall be provided in accordance with standards of subsection 3.01.04.A.5.

b.

Manufactured homes placed and/or substantially improved in an existing manufactured home park or subdivision shall be elevated so that either:

1.

The lowest floor of the manufactured home is elevated no lower than three (3) feet above the level of the base flood elevation, or one (1) foot above the future-conditions flood elevation, whichever is higher; or

2.

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 thirty-six (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 in accordance with standards of subsection 3.01.04.A.7.

C.

Building standards for structures and buildings authorized adjacent to the future-conditions floodplain.

1.

Residential buildings. For new construction and substantial improvement of any principal residential building or manufactured home, the elevation of the lowest floor, including basement and access to the building, shall be at least three (3) feet above the base flood elevation or one (1) foot above the future-conditions flood elevation, whichever is higher. Should solid foundation perimeter walls be used to elevate the structure, openings sufficient to automatically equalize the hydrostatic flood forces on exterior walls shall be provided in accordance with standards of subsection 3.01.04.A.5.

2.

Nonresidential buildings. For new construction and substantial improvement of any principal nonresidential building, the elevation of the lowest floor, including basement and access to the building, shall be at least one (1) foot above the level of the base flood elevation or at least as high as the future-conditions flood elevation, whichever is higher. Should solid foundation perimeter walls be used to elevate the structure, openings sufficient to automatically equalize the hydrostatic flood forces on exterior walls shall be provided in accordance with standards of subsection 3.01.04.A.5. Nonresidential buildings may be floodproofed in lieu of elevation.

D.

Building standards for residential single-lot developments on streams without established base flood elevations and floodway (A-zones). For a residential single-lot development not part of a subdivision that has areas of special flood hazard, where streams exist but no base flood data have been provided (A-zones), the Henry County Stormwater Management Department Director or designee shall review and reasonably utilize any available scientific or historic flood elevation data, base flood elevation and floodway data, or future-conditions flood elevation data available from a federal, state, local or other source, in order to administer the provisions and standards of this article.

If data are not available from any of these sources, the following provisions shall apply:

1.

No encroachments, including structures or fill material, shall be located within an area equal to twice the width of the stream or fifty (50) feet from the top of the bank of the stream, whichever is greater.

2.

In special flood hazard areas without base flood or future-conditions flood elevation data, new construction and substantial improvements 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. Flood openings sufficient to facilitate automatic equalization of hydrostatic flood forces shall be provided for flood-prone enclosures in accordance with subsection 3.01.04.A.5.

E.

Building standards for areas of shallow flooding (AO-zones). Areas of special flood hazard may include designated "AO" shallow flooding areas. These areas have base flood depths of one (1) to three (3) feet above ground, with no clearly defined channel. In these areas 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 no lower than one (1) foot above the flood depth number in feet 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 (3) feet above the highest adjacent grade. Flood openings sufficient to facilitate automatic equalization of hydrostatic flood forces shall be provided in accordance with standards of subsection 3.01.04.A.5.;

2.

New construction and substantial improvement of a nonresidential structure may be floodproofed 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 (1) foot above the 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 licensed professional engineer or architect shall certify that the design and methods of construction are in accordance with accepted standards of practice, and shall provide such certification to the Henry County Stormwater Management Department Director or designee using the FEMA Floodproofing Certificate along with the design and operation/maintenance plan; and

3.

Drainage paths shall be provided to guide floodwater around and away from any proposed structure.

F.

Standards for subdivisions.

1.

All subdivision proposals shall identify the areas of special flood hazard and areas of future-conditions flood hazard therein and provide base flood elevation data and future-conditions flood elevation data;

2.

All residential lots in a subdivision proposal shall have sufficient buildable area outside of the future-conditions floodplain such that encroachments into the future-conditions floodplain for residential structures will not be required; and

3.

All subdivision plans will provide the elevations of proposed structures in accordance with subsection 3.01.02.B.

3.01.05.

[Reserved.] (Variance procedures are found in section 11.02.04 of ULDC.)

3.01.06.

Violations, enforcement and penalties. Any action or inaction which violates the provisions of this article or the requirements of an approved stormwater management plan or permit, may be subject to the enforcement actions outlined in this section. Any such action or inaction which is continuous with respect to time is deemed to be a public nuisance and may be abated by injunctive or other equitable relief. The imposition of any of the penalties described below shall not prevent such equitable relief.

A.

Notice of violation. If the Henry County Stormwater Management Department Director or designee determines that an applicant or other responsible person has failed to comply with the terms and conditions of a permit, an approved stormwater management plan or the provisions of this article, it shall issue a written notice of violation to such applicant or other responsible person. Where a person is engaged in activity covered by this article without having first secured a permit therefor, the notice of violation shall be served on the owner or the responsible person in charge of the activity being conducted on the site. The notice of violation shall contain:

1.

The name and address of the owner or the applicant or the responsible person;

2.

The address or other description of the site upon which the violation is occurring;

3.

A statement specifying the nature of the violation;

4.

A description of the remedial measures necessary to bring the action or inaction into compliance with the permit, the stormwater management plan or this article and the date for the completion of such remedial action;

5.

A statement of the penalty or penalties that may be assessed against the person to whom the notice of violation is directed; and

6.

A statement that the determination of violation may be appealed to the Henry County Stormwater Management Department by filing a written notice of appeal within thirty (30) days after the notice of violation.

B.

Penalties. In the event the remedial measures described in the notice of violation have not been completed by the date set forth for such completion in the notice of violation, any one (1) or more of the following actions or penalties may be taken or assessed against the person to whom the notice of violation was directed. Before taking any of the following actions or imposing any of the following penalties, the Henry County Stormwater Management Department shall first notify the applicant or other responsible person in writing of its intended action, and shall provide a reasonable opportunity, of not less than ten (10) days (except, that in the event the violation constitutes an immediate danger to public health or public safety, twenty-four (24) hours' notice shall be sufficient) to cure such violation. In the event the applicant or other responsible person fails to cure such violation after such notice and cure period, the Henry County Stormwater Management Department may take any one (1) or more of the following actions or impose any one (1) or more of the following penalties:

1.

Stop work order. The environmental compliance and plan review department may issue a stop work order which shall be served on the applicant or other responsible person. The stop work order shall remain in effect until the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violation or violations described therein, provided the stop work order may be withdrawn or modified to enable the applicant or other responsible person to take the necessary remedial measures to cure such violation or violations.

2.

Withhold certificate of occupancy. The Henry County Building Department may refuse to issue a certificate of occupancy for the building or other improvements constructed or being constructed on the site until the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations described therein.

3.

Suspension, revocation or modification of permit. The Henry County Stormwater Management Department may suspend, revoke or modify the permit authorizing the development project. A suspended, revoked or modified permit may be reinstated after the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations described therein, provided such permit may be reinstated (upon such conditions as the Henry County Stormwater Management Department may deem necessary) to enable the applicant or other responsible person to take the necessary remedial measures to cure such violations.

4.

Civil penalties. In the event the applicant or other responsible person fails to take the remedial measures set forth in the notice of violation or otherwise fails to cure the violations described therein within ten (10) days, or such greater period as the Henry County Stormwater Management Department shall deem appropriate (except, that in the event the violation constitutes an immediate danger to public health or public safety, twenty-four (24) hours' notice shall be sufficient) after the Henry County Stormwater Management Department has taken one (1) or more of the actions described above, the Henry County Stormwater Management Department may impose a penalty not to exceed one thousand dollars ($1,000.00) (depending on the severity of the violation) for each day the violation remains unremedied after receipt of the notice of violation.

5.

Criminal penalties. For intentional and flagrant violations of this article, the Henry County Code Enforcement Department may issue a citation to the applicant or other responsible person, requiring such person to appear in Henry County Magistrate Court to answer charges for such violation. Upon conviction, such person shall be punished by a fine not to exceed one thousand dollars ($1,000.00) or imprisonment for sixty (60) days or both. Each act of violation and each day upon which any violation shall occur shall constitute a separate offense.

( Ord. No. 15-04, 4-21-15 )