§ 9.5.2. Administration and Enforcement

A.

Designation of Administrator  

1.

Appointed The Director or his designee is hereby appointed to administer and implement the provisions of this division.

2.

Duties and Responsibilities Duties of the Director shall include, but not be limited to:

a.

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

b.

Require that copies of all necessary permits 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 USC 1344, be provided and maintained on file;

c.

Require the applicant to obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, when base flood elevation data or floodway data have not been provided, in order to meet the provisions of Sec. 9.8.4 and Sec. 9.8.5;

d.

Review and record the actual elevation in relation to mean sea level (or highest adjacent grade) of the lowest floor, including basement, of all new or substantially improved structures;

e.

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

f.

Obtain certification of design criteria from a registered professional engineer or architect, when floodproofing is utilized for a structure;

g.

Notify affected adjacent communities and the state 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);

h.

Make the necessary interpretation 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). Any person contesting the location of the boundary is given a reasonable opportunity to appeal the interpretation as provided in this Division. Where floodplain elevations have been defined, the floodplain is determined based on flood elevations rather than the area graphically delineated on the floodplain maps.

3.

Records  

a.

All records pertaining to the provisions of this Division is maintained in the office of the Director, and is open for public inspection.

b.

Lowest floor means the lowest floor of the lowest enclosed area, including basement. An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access, or storage in an area other than a basement area, 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 adopted City building code.

B.

Permit Requirements  

1.

No owner or developer shall perform any land 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 division prior to commencing the proposed activity.

2.

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

C.

Additional Requirements  

1.

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

2.

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 20-foot or smaller intervals along the foundation footprint, or one-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 information required in this subsection by a licensed professional engineer or surveyor.

3.

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 Sec. 9.5.4.B.2;

d.

For enclosures below the base flood elevation, location and total net area of flood openings as required in Sec. 9.5.4.A.5; and

e.

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

4.

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

5.

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

a.

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

b.

All appropriate certifications required under this Division.

6.

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.

D.

Construction Stage Submittal Requirements  

1.

New Construction and Substantial Improvements 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 a certified as-built elevation certificate or 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 is provided after completion of construction including final grading of the site. Any lowest floor certification made relative to mean sea level is 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 is prepared by or under the direct supervision of a 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.

2.

Failure to Obtain a Permit or Certification Any work undertaken prior to approval of these certifications is at the permit holder's risk. The Director shall review the referenced certification data submitted. Deficiencies detected by such review are 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 is cause to issue a stop work order for the project.

E.

Appeals and Variances The following variance and appeals procedures shall apply to an applicant who has been denied a permit for a development activity, or to an owner or developer who has not applied for a permit because it is clear that the proposed development activity would be inconsistent with the provisions of this Division.

1.

The Board of Appeals shall hear and decide requests for appeals or variances from the requirements of this Division. At a minimum, such procedures shall include notice to all affected parties and the opportunity to be heard.

2.

The Board of Appeals shall hear and decide appeals when it is alleged an error in any requirement, decision, or determination is made by the Director in the enforcement or administration of this Division. At a minimum, such procedures shall include notice to all affected parties and the opportunity to be heard.

3.

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 issued is the minimum necessary to preserve the historic character and design of the structure.

4.

Variances may be issued for development necessary for the conduct of a functionally dependent use, provided the criteria of this Division 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.

5.

Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

6.

In reviewing such requests, the Board of Appeals shall consider all technical evaluations, relevant factors, and all standards specified in this and other sections of this Division.

7.

Conditions for variances:

A variance is 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, or the creation of a nuisance.

8.

The provisions of this Division are minimum standards for flood loss reduction, therefore, any deviation from the standards must be weighed carefully. Variances shall only be issued upon determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

9.

Any applicant to whom a variance is granted is 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 resulting from the lowest floor elevation being placed below the base flood elevation will be commensurate with the increased risk to life and property, and that such costs may be as high as $25.00 for each $100.00 of insurance coverage provided.

10.

The Director shall maintain the records of all variance actions, both granted and denied, and report them to the Georgia Department of Natural Resources and the Federal Emergency Management Agency upon request.

11.

Any person requesting a variance shall, from the time of the request until the time the request is acted upon, submit such information and documentation as the Board of Appeals shall deem necessary for the consideration of the request.

12.

Upon consideration of the factors listed in this section and the purposes of this Division, the Board of Appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this Division.

13.

Variances shall not be issued "after the fact."

( Ord. of 4-17-2018(7) , § 9-50)