§ 700-10. General Provisions.

700-10.1   Findings.

A.

The flood hazard areas of Gwinnett County are subject to periodic inundation which may result 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.

Flood hazard areas can serve important stormwater management, water quality, streambank protection, stream corridor protection, wetland preservation and ecological purposes when permanently protected as undisturbed or minimally disturbed areas.

C.

Effective floodplain management and flood hazard protection activities can:

1.

Protect human life and health.

2.

Minimize damage to private property.

3.

Minimize damage to public facilities and infrastructure such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains.

4.

Minimize expenditure of public money for costly flood control projects associated with flooding and generally undertaken at the expense of the general public.

D.

Article IX, Section II of the Constitution of the State of Georgia and O.C.G.A. § 36-1-20(a), have delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, Gwinnett County, Georgia, establishes this set of floodplain management and flood hazard reduction policies for the purpose of regulating the use of flood hazard areas. It is determined that the regulation of flood hazard areas and the prevention of flood damage are in the public interest and will minimize threats to public health and safety, as well as to private and public property.

700-10.2   Requirements. The requirements of Chapter 700 shall be applicable to all Areas of Special Flood Hazard within the jurisdiction of Gwinnett County.

700-10.3   Purpose. It is the purpose of Chapter 700 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:

A.

Restricting or prohibiting uses or activities which are dangerous to health, safety, and property due to flooding or erosion hazards or which increase flood heights, velocities, or erosion.

B.

Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction or renovation.

C.

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

D.

Controlling filling, grading, dredging and other development which may increase erosion or flood damage.

E.

Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands.

F.

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

700-10.4   Flood Area Maps and Studies. For the purposes of defining and determining "Area 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 Chapter 700, the following documents and sources may be used for such purposes and are adopted by reference thereto:

A.

The Flood Insurance Study (FIS), dated September 26, 2006, or most current study, with accompanying maps and other supporting data and any revision thereto.

B.

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

1.

Any flood or flood related study conducted by the United States Army Corps of Engineers or the United States Geological Survey or any other local, State, or Federal Agency applicable to Gwinnett County.

2.

Any base flood study conducted by a licensed professional engineer in the State of Georgia which has been prepared utilizing FEMA approved methodology and approved by the Department of Planning and Development.

C.

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

1.

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

2.

Any future-conditions flood study conducted by a licensed professional engineer in the State of Georgia which has been prepared utilizing FEMA approved methodology and approved by the Department of Planning and Development.

D.

The repository for public inspection of the FIS, accompanying maps and other supporting data is located at the following location:

Gwinnett County Department of Water Resources
Central Facility
684 Winder Highway
Lawrenceville, GA 30045

700-10.5   Areas Regulated. This Section shall be applicable to all special flood hazard areas within unincorporated Gwinnett County, Georgia.

700-10.6   Interpretation.

A.

In the interpretation and application of Chapter 700 all provisions shall be:

1.

Considered as minimum requirements.

2.

Liberally construed in favor of Gwinnett County.

3.

Deemed neither to limit nor repeal any other powers granted under state statutes.

B.

Where interpretation is needed as to the exact location of floodplain or floodway boundaries (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) the Department shall make the necessary interpretation based on data submitted by the applicant. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Chapter 700.

C.

Where flood plain elevations have been defined, the floodplain shall be determined based on flood elevations rather than the area graphically delineated on the floodplain maps.

700-10.7   Drainage Easement Establishment. On behalf of the public, a drainage easement is hereby established for the sole purpose of preserving and protecting the free flow of surface waters inside the future conditions flood contour elevations and along all watercourses. Where debris has accumulated in such a manner as would increase the need for flood protection, raise the flood level, or increase the risk of hazardous inundation of adjacent communities or jurisdictions, the County is hereby authorized to enter upon such watercourse and clear or remove such debris or obstructions as are hazardous to the public safety. The cost thereof shall be charged to the owner of the property where such debris and/or obstruction was generated. Where erosion has occurred in such a manner as would endanger a building or a structure, the County is hereby authorized to enter upon such watercourse and stabilize the channel for public safety. The cost thereof shall be charged to the owner of the property where the erosion has occurred and/or caused the erosion.

700-10.8   Establishment of Development Permit. A development permit shall be required in conformance with the provisions of this UDO prior to the commencement of any clearing, grading, or development activities adjacent to, within, or affecting a future conditions floodplain.

700-10.9   Compliance. No structure or use of land shall hereafter be located, extended, converted or structurally altered without full compliance with the terms of Chapter 700 and other applicable regulations.

700-10.10   Compatibility with Other Regulations. Chapter 700 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 Chapter 700 are in addition to the requirements of any other ordinance, rule, regulation or other provision of law, and where any provision of Chapter 700 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.

700-10.11   Warning and Disclaimer of Liability. The degree of flood protection required by Chapter 700 is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. Chapter 700 does not imply that land outside the special flood hazard or flood prone areas or uses permitted within such areas will be free from flooding or flood damages. Chapter 700 shall not create liability on the part of Gwinnett County or on the part of any officer or employee thereof for any flood damages that results from reliance on this Chapter or any administrative decision lawfully made thereunder.

700-10.12   Duties and Responsibilities of Ordinance Administrator. As the administrator of Chapter 700, the duties of the Director of the Department of Planning and Development or the Director's designee shall include, but shall not be limited to:

A.

Review all development applications and permits to assure that the requirements of Chapter 700 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 but not limited to Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334, be provided and maintained on file.

C.

When base flood elevation data or floodway data have not been provided, then the Director or Director's designee shall require the applicant to obtain, review and reasonably use any base flood elevation and floodway data available from a federal, state or other sources in order to meet the requirements of 700-30 and provisions of 700-40 herein.

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 flood-proofed.

F.

When flood-proofing is used for a non-residential structure, the director or director's designee shall review the design and operational maintenance plan and obtain certification of design criteria from a registered professional engineer or architect.

G.

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).

H.

Where interpretation is needed as to the exact location of boundaries of the special flood hazard area (e.g., where there appears to be a conflict between a mapped boundary and actual field conditions) the director or director's 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 Chapter 120. 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.

I.

All records pertaining to the provisions of Chapter 700 shall be maintained in the office of the Director or Director's designee and shall be open for public inspection.

J.

Coordinate all FIRM revisions with the GA DNR and FEMA.

K.

Review variance applications.

700-10.13   Severability. If the provisions of any section, subsection, paragraph, subdivision or clause of Chapter 700 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 Chapter 700.

(Ord. No. UDOA2015-00001(GCID No. 2015-0360), 4-28-15)