This chapter shall apply to all special flood hazard areas (SFHA),
areas applicable to KRS 151.250 and, as determined by the Floodplain
Administrator or other delegated, designated, or qualified community
official as determined by the Henderson County Fiscal Court from available
technical studies, historical information, and other available and
reliable sources, areas within the jurisdiction of Henderson County,
Kentucky, which may be subject to periodic inundation by floodwaters
that can adversely affect the public health, safety, and general welfare
of the citizens of Henderson County, Kentucky.
The areas of special flood hazard identified by the Federal
Emergency Management Agency, the Flood Insurance Study (FIS) for Henderson
County, effective February 20, 2013, with accompanying Flood Insurance
Rate Maps (FIRMS), other supporting data, and any subsequent amendments
thereto are adopted by reference and declared to be a part of this
chapter. This FIS and attendant mapping is the minimum area of applicability
of this chapter and may be supplemented by studies for other areas
which allow implementation of this chapter and which are recommended
to Henderson County Fiscal Court by the Floodplain Administrator and
are enacted pursuant to statutes governing land use management regulations.
The FIS and/or FIRM are permanent records of Henderson County, Kentucky
and are on file and available for review by the public during regular
business hours.
A development permit shall be required in conformance with the
provision of this chapter prior to the commencement of any development
activities in the special flood hazard areas (SFHA). Application for
a development permit shall be made on forms furnished by the Floodplain
Administrator.
No structure or land shall hereafter be located, extended, converted
or structurally altered without full compliance with the terms of
this chapter and other applicable regulations. Violation of the requirements
(including violations of conditions and safeguards established in
connection with conditions) shall constitute a misdemeanor. Nothing
herein shall prevent Henderson County from taking such lawful action
as is necessary to prevent or remedy any violation.
This chapter is not intended to repeal, abrogate or impair any
existing easements, covenants or deed restrictions. However, where
this chapter and another chapter, easement, covenant or deed restriction
conflict or overlap, whichever imposes the more stringent restrictions
shall prevail.
In the interpretation and application of this chapter, all provisions
shall be:
The degree of flood protection required by this chapter is considered
reasonable for regulatory purposes and is based on scientific and
engineering consideration. Larger floods can and will occur on rare
occasions. Flood heights may be increased by man-made or natural causes.
This chapter 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 chapter shall not create liability
on the part of Henderson County or any officer or employee thereof,
the Commonwealth of Kentucky, the Federal Insurance Administration,
or the Federal Emergency Management Agency for any flood damages that
result from reliance on this chapter or any administrative decision
lawfully made thereunder.
A.
Violation of the provisions of this chapter or failure to comply
with any of its requirements, including violation of conditions and
safeguards established in connection with grants of variance or special
exceptions, shall constitute a misdemeanor. Each day such violation
continues shall be considered a separate offense. Nothing herein contained
shall prevent Henderson County from taking such other lawful action
as is necessary to prevent or remedy any violation.
B.
Notice of violation. If, at any time, a duly authorized employee
or agent of the Floodplain Administrator has reasonable cause to believe
that a person has caused development to occur which is not in accordance
with the provisions of this chapter, including obtaining or complying
with the terms and conditions of a floodplain construction permit
and any approved modifications thereof, a duly authorized employee
of the Floodplain Administrator shall issue a notice to the person
responsible for the violation and/or the property owner, stating the
facts of the offense or violation, the section of this chapter and/or
of the permit violated, when it occurred, how the violation is to
be remedied to bring the development into conformity with this chapter
or with the approved permit, and within what period of time the remedy
is to occur, which period of time shall be reasonable and shall be
determined by the nature of the violation and whether or not it creates
a nuisance or hazard. The remedy may include an order to stop work
on the development. The notice shall also state that a citation may
be forthcoming in the event that the requested remedies and corrective
actions are not taken within the required amount of time, which citation
will request a civil monetary fine and shall state the maximum fine
which could be imposed.
C.
Notice of citation. If, at any time, a duly authorized employee or
agent of the Floodplain Administrator has reasonable cause to believe
that a person has caused development to occur which is not in accordance
with the provisions of this chapter, including obtaining or complying
with the terms and conditions of a floodplain construction permit
and any approved modifications thereof, a duly authorized employee
of the Floodplain Administrator may issue a citation to both the owner
of record and the offender stating the violation, prior notices of
violation issued, how the violation is to be remedied to bring the
development into conformity with this chapter or with the approved
permit, and within what period of time the remedy is to occur, and
what penalty or penalties are recommended. When a citation is issued,
the person to whom the citation is issued shall respond to the citation
within seven days of the date the citation is issued by either carrying
out the remedies and corrections set forth in the citation, paying
the civil fine set forth in the citation or requesting a hearing before
the appropriate body. If the person to whom the citation is issued
does not respond to the citation within seven days, that person shall
be deemed to have waived the right to a hearing and the determination
that a violation occurred shall be considered final.
D.
Penalties. Violation of the provisions of this chapter or failure
to comply with any of its requirements, including violation of conditions
and safeguards established in connection with granting of a variance
or special exceptions, shall constitute a Class B misdemeanor offense.
Any person or entity who or which violates this chapter or fails to
comply with any of its requirements shall, upon conviction, be fined
not less than $100 or imprisoned for not more than 30 days, or both.
