Pursuant to the policies stated in the Hazard Mitigation Grant Program Administrative Handbook (revised April 1, 1996), each of the following restrictive covenants and conditions shall be recorded in the transfer of any property deeds acquired under the hazard mitigation grant.
(A) The property shall be dedicated and maintained in perpetuity for uses compatible with open space, recreational and/or wetland management practices.
(B) No new structures will be built on the property, other than a public facility that is open on all sides or is a restroom and is functionally related to open space. Structures that are walled on all sides must meet NFIP minimum requirements.
(C) After completion of the project, no application for additional disaster assistance will be made for any purpose with respect to the property to any federal entity or source, and no federal entity or source will provide such assistance.
(D) The deed must stipulate that the purchasing jurisdiction must obtain the approval of the commonwealth and FEMA Regional Director before conveying ownership of the property to another public agency. Property transfer to private citizens and corporations shall not be approved. All development rights to the property must be retained by the County Fiscal Court or other public agency so designated.
(E) Property may be leased to private individuals for only those land uses as approved under this specific federal disaster declaration (DR-1163-KY) as amended June 17,1997.
(F) The County Fiscal Court may amend this section after first receiving approval from the State Division of Water, State DES and National Flood Insurance Program to require additional, consistent restrictive covenants and conditions as necessary for the protection of the general health and safety of the people in the floodway of the Ohio River.
(Ord. 98-1, passed 3-9-1998)