§ 7.5-151. General provisions.

(a)

Purpose and intent. 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 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 floodwaters 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 floodwaters; 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 within the jurisdiction of the City of Cartersville.

(c)

Designation of ordinance administrator. The city engineer, chief building official or their designee is hereby appointed to administer and implement the provisions of the ordinance codified in this article.

(d)

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 September 28, 2007, 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 (Bartow County), dated September 28, 2007, 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 (1) 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 the City of Cartersville; and

b.

Any base flood study conducted by a licensed professional engineer which has been prepared utilizing FEMA-approved methodology and approved by the City of Cartersville.

(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 the City of Cartersville; and

b.

Any future-conditions flood study conducted by a licensed professional engineer which has been prepared utilizing FEMA-approved methodology approved by the City of Carteresville.

(4)

The repository for public inspection of the FIS, accompanying maps and other supporting data is located at the office of public works.

(e)

Compatibility with other regulations. This article is not intended to modify or repeal any other ordinance, 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 ordinance, rule, regulation or other provision of law, and where any provision of this article imposes restrictions different from those imposed by any other ordinance, 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 jurisdiction, such judgment shall not affect or invalidate the remainder of any section, subsection, paragraph, subdivision or clause of this article.

(g)

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 the City of Cartersville or any officer or employee thereof for any flood damages that result from reliance on this article or any administrative decision lawfully made thereunder.

(Ord. No. 04-15, § 1, 3-5-15; Ord. No. 25-18, § 1, 10-4-18)