The purpose of this article is to identify areas within the
County which are subject to periodic inundation in order to ensure
that potential land buyers and developers are notified that property
is in an area which is subject to periodic flooding.
[Amended 11-10-2020 by Ord. No. 20-04]
The boundaries of flood-prone areas shall be established to
include those areas identified by the Federal Emergency Management
Agency per the Flood Insurance Study effective February 20, 2013,
with accompanying Flood Insurance Rate Maps (FIRMs), other supporting
data and any subsequent amendments thereto, which are hereby adopted
by reference and declared to be a part of these regulations by Henderson
County, Kentucky and for all those land areas acquired by Henderson
County through annexation. This shall apply to all lands subject to
inundation by an intermediate regional flood or, based on other reliable
engineering data, areas determined by the flood insurance study to
be subject to inundation by a 100-year flood.
As used in this article, the following terms shall have the
meanings indicated:
A flood that could occur once in 100 years on an average
although it could occur in any year, as determined by floodplain studies
conducted by the U.S. Army Corps of Engineers for major watersheds
in Henderson County. The peak flow of this flood was developed from
statistical analyses of stream flow, precipitation records and runoff
characteristics for the study areas.
One that could occur once in 100 years on an average, although
it could occur in any year.
The intent of this article is to ensure that potential land
buyers and developers are notified when a tract of land is located
in a flood-prone area. Larger floods can and may occur on rare occasions.
Flood heights may be increased by man-made or natural causes. This
article does not imply that land outside the areas designated as being
flood-prone will be free from flooding or flood damages. The provisions
of this article are not intended to prohibit development in flood-prone
areas; however, individuals who place or construct improvements (example:
buildings, mobile homes, etc.) on land which has been platted and
approved by the Henderson City-County Planning Commission with the
stipulation that all or portions of said land is in a flood-prone
area, or individuals who acquire land so designated, shall not be
entitled to public relief for damages or losses associated with flooding.
Any subdivision plat of land which is located in a flood-prone
area shall have affixed to the final plat the following statement
of notification:
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NOTICE: FLOOD-PRONE AREA
THE TRACT(S) OF LAND DESCRIBED HEREON IS (ARE) LOCATED IN A
FLOOD-PRONE AREA AS ESTABLISHED BY ARTICLE XXIV OF THE ZONING REGULATION
OF THE COUNTY OF HENDERSON, KENTUCKY, AND IS (ARE) SUBJECT TO THE
PROVISIONS THEREOF.
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This article shall not create liability on the part of the County
of Henderson, the Henderson City-County Planning Commission, or by
any officer or employee thereof for any flood damages that result
from reliance on the provisions of this article or any administrative
decision lawfully made thereunder.
