§ 18-131. Statutory authorization, findings of fact, purpose, objectives.  


Latest version.
  • (a)

    Authorization. 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, the mayor and council, of Union Point does ordain as follows:

    (b)

    Findings of fact.

    (1)

    The flood hazard areas of Union Point, Georgia are subject to periodic inundation which results 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.

    (2)

    These flood losses are caused by the occupancy in flood hazard areas of uses vulnerable to floods, which are inadequately elevated and/or floodproofed, or otherwise unprotected from flood damages, and by the cumulative effect of obstructions in floodplains causing increases in flood heights and velocities.

    (c)

    Statement of purpose. It is the purpose of this article to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas 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 water 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; and

    (5)

    Control the alteration of natural floodplains, stream channels, and natural protective barriers, which are involved in the accommodation of floodwaters.

    (d)

    Objectives. The objectives of this article are:

    (1)

    To protect human life and health;

    (2)

    To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains;

    (3)

    To help maintain a stable tax base by providing for the sound use and development of floodprone areas in such a manner as to minimize flood blight areas;

    (4)

    To minimize expenditure of public money for costly flood control projects;

    (5)

    To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

    (6)

    To minimize prolonged business interruptions; and

    (7)

    To insure that potential homebuyers are notified that property is in a flood area.

(Amend. of 10-12-2010, Exh. A)