[HISTORY: Adopted by the Board of Supervisors of Carroll
County 7-14-2008. Amendments noted where applicable.]
A.
Purpose. The purpose of this chapter is to prevent the loss of property
and life, the creation of health and safety hazards, the disruption
of commerce and governmental services, the extraordinary and unnecessary
expenditure of public funds for flood protection and relief, and the
impairment of the tax base by:
(1)
Regulating uses, activities, and development which, acting alone
or in combination with other existing or future uses, activities and
development, will cause unacceptable increases in flood heights, velocities
and frequencies;
(2)
Restricting or prohibiting certain uses, activities and development
from locating within areas subject to flooding;
(3)
Requiring all such uses, activities and development that do occur
in flood-prone areas to be protected and/or floodproofed against flooding
and flood damage; and
(4)
Protecting individuals from buying land and structures which are
unsuited for intended purposes because of flood hazards.
B.
Applicability. The provisions of this chapter shall apply to all
lands within the unincorporated jurisdiction of the County and identified
as being within the one-hundred-year floodplain by the Federal Insurance
Administration.
C.
Implication. The degree of flood protection sought by the provisions
of this chapter is considered reasonable for regulatory purposes and
is based on acceptable engineering methods of study. Larger floods
may occur on rare occasions. Flood heights may be increased by man-made
or natural causes, such as ice jams and bridge openings restricted
by debris. This chapter does not imply that areas outside the floodplain,
or that uses not prohibited within the floodplain, will be free from
flooding or flood damages.
A.
For the purpose of this chapter, certain words and terms used herein
shall be interpreted or defined as follows: Words used in the present
tense shall include the future; words in the singular number include
the plural number, unless the natural construction of the word indicates
otherwise; the word "shall" is mandatory and directory; the word "may"
is discretionary; words in the masculine gender include words in the
feminine and neuter genders; and references to this chapter include
all ordinances amending or supplementing this chapter.
[Amended 11-14-2013]
B.
AGENT
BASE FLOOD
BASE FLOOD ELEVATION
BASEMENT
BREAKAWAY WALL
DEVELOPMENT
ELEVATED BUILDINGS
ENCROACHMENT
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
FLOOD or FLOODING
(1)
(2)
FLOODPLAIN or FLOOD-PRONE AREA
FLOODWAY
FREEBOARD
HISTORIC STRUCTURE
(1)
(2)
(3)
(4)
LOWEST FLOOR
MANUFACTURED HOME
MANUFACTURED HOME PARK OR SUBDIVISION
NEW CONSTRUCTION
NEW MANUFACTURED HOME PARK OR SUBDIVISION
ONE-HUNDRED-YEAR FLOOD
PLANNING COMMISSION
RECREATIONAL VEHICLES
(1)
(2)
(3)
(4)
SHALLOW FLOODING AREA
SPECIAL FLOOD HAZARD AREA
START OF CONSTRUCTION
STRUCTURE
(1)
(2)
(a)
(b)
(c)
(3)
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
(1)
(2)
WATERCOURSE
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
The individual charged with the responsibility to administer
and enforce this chapter and to perform the duties outlined in this
chapter.
The flood having a one-percent chance of being equaled or
exceeded in any given year.
The Federal Emergency Management Agency designated one-hundred-year
floodwater surface elevation.
Any area of the building having its floor subgrade (below
ground level) on all sides.
A wall that is not part of the structural support of the
building and is intended through its design and construction to collapse
under specific lateral loading forces, without causing damage to the
elevated portion of the building or supporting foundation system.
Any man-made change to improved or unimproved real estate,
including, but not limited to, buildings or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations
or storage of equipment or materials.
A nonbasement building built to have the lowest floor elevated
above the ground level by means of fill, solid foundation perimeter
walls, pilings, or columns (posts and piers).
The advance or infringement of uses, plant growth, fill,
excavation, buildings, permanent structures or development into a
floodplain, which may impede or alter the flow capacity of a floodplain.
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed before the effective date of
the initial floodplain management regulations adopted by the County.
The preparation of additional sites by the construction of
facilities for servicing the lots on which the manufactured homes
are to be affixed (including the installation of utilities, the construction
of streets, and either final site grading or pouring of concrete pads).
A general or temporary condition of partial or complete inundation
of normally dry land areas from the overflow of inland or tidal water
or the unusual and rapid accumulation or runoff of surface waters
from any source.
The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by and unanticipated force of nature such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in Subsection (1) of this definition.
Any land area susceptible to being flooded by water from
any source.
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
a designated height.
A factor of safety usually expressed in feet above a flood
level for purposes of floodplain management. "Freeboard" tends to
compensate for the many unknown factors that could contribute to flood
heights greater than the height calculated for a selected size flood
and floodway conditions, such as wave action, bridge openings, and
the hydrological effect of urbanization in the watershed.
Any structure that is:
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;
Individually listed on a state inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of the Interior; or
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either by an approved state program as determined by the
Secretary of the Interior or directly by the Secretary of the Interior
in states without approved programs.
The lowest floor of the lowest enclosed area (including basement).
An unfinished or flood-resistant enclosure usable solely for parking
of vehicles, building access or storage in an area other than a basement
area is not considered a building's lowest floor, provided that
such enclosure is not built so as to render the structure in violation
of the applicable nonelevation design requirements of Federal Code
44 CFR 60.3.
A structure, transportable in one or more sections, which
is built on a permanent chassis and is designed for use with or without
a permanent foundation when connected to the required utilities. For
floodplain management purposes, the term "manufactured home" also
includes park trailers, travel trailers, and other similar vehicles
placed on a site for greater than 180 consecutive days.
A parcel (or contiguous parcels) of land divided into two
or more manufactured home lots for sale or rent.
For the purposes of determining insurance rates, structures
for which the start of construction commenced on or after the effective
date of an initial Flood Insurance Rate Map or on or after December
31, 1974, whichever is later, and includes any subsequent improvements
to such structures. For floodplain management purposes, "new construction"
means structures for which the start of construction commenced on
or after the effective date of the initial floodplain management regulation
adopted by the County and includes any subsequent improvements to
such structures.
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed on or after the effective date
of this chapter.
A flood that, on the average, is likely to occur once every
100 years, i.e., has a one-percent chance of occurring in any given
year, although the flood may actually occur in any year.
The Carroll County Planning Commission.
A vehicle which is:
Built on a single chassis;
Four hundred square feet or less when measured at the largest
horizontal projection;
Designed to be self-propelled or permanently towable by a light-duty
truck; and
Designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel or seasonal
use.
A special flood hazard with base flood depths from one to
three feet where a clearly defined channel does not exist, where the
path of flooding is unpredictable and indeterminate, and where velocity
flow may be evident. Such flooding is characterized by ponding or
sheet flow.
The land in the floodplain subject to a one-percent or greater
chance of being flooded in any given year.
The date the building permit was issued, provided that actual
start of construction, repair, reconstruction, rehabilitation, addition,
placement, substantial improvement or other improvement was within
180 days of the permit date. The "actual start" means either the first
placement of permanent construction of a structure on a site, such
as the pouring of slab or footings, the installation of piles, the
construction of columns, or any work beyond the stage of excavation,
or the placement of a manufactured home on a foundation. Permanent
construction does not include land preparation, such as clearing,
grading and filling, nor does it include the installation on the property
of accessory buildings, such as garages or sheds not occupied as dwelling
units or not part of the main structure. For a substantial improvement,
the "actual start of the construction" means the first alteration
of any wall, ceiling, floor or other structural part of a building,
whether or not that alteration affects the external dimensions of
the building.
For floodplain management purposes, a walled and roofed building,
including a gas or liquid storage tank, that is principally above
ground, as well as a manufactured home.
For insurance purposes:
A walled and roofed building, other than a gas or liquid storage
tank, that is principally above ground and affixed to a permanent
site, as well as a manufactured home on a permanent foundation. For
insurance purposes, the term includes a building while in the course
of construction, alteration or repair, but does not include building
materials or supplies intended for use in such construction, alteration
or repair, unless such materials or supplies are within an enclosed
building on the premises;
A manufactured home. A "manufactured home," also known as a
"mobile home," is a structure built on a permanent chassis, transported
to its site in one or more sections, and affixed to a permanent foundation;
or
A travel trailer without wheels built on a chassis and affixed
to a permanent foundation that is regulated under the community's
floodplain management and building ordinance or laws.
For the latter purpose, "structure" does not mean a recreational vehicle or a park trailer or other similar vehicle, except as described in Subsection (2)(c) of this definition, or a gas or liquid storage tank.
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% of the market value of the structure before the
damage occurred.
Any reconstruction, rehabilitation, addition, or other improvement
of a structure, the cost of which equals or exceeds 50% of the market
value of the structure before the start of construction of the improvement.
This term includes structures which have incurred substantial damage
regardless of the actual repair work performed. The term does not,
however, include either:
Any project for improvement of a structure to correct existing
violations of state or local health, sanitary, or safety code specifications
which have been identified by the local code enforcement official
and which are the minimum necessary to assure safe living; or
Any alteration of an historic structure, provided that the alteration
will not preclude the structure’s continued designation as an
historic structure.
A lake, river, creek, stream, wash, channel or other topographic
feature on or over which waters flow at least periodically. "Watercourse"
includes specifically designated areas in which substantial flood
damage may occur.
A.
Compliance and liability.
(1)
Compliance with chapter. After the effective date of the ordinance
from which this chapter is derived, no land shall be developed, and
no structure shall be located, relocated, enlarged, or structurally
altered, except in full compliance with the terms and provisions of
this chapter and of any other applicable ordinances and regulations
which apply to uses within the jurisdiction of this chapter.
(2)
Liability of County. This chapter shall not create liability on the
part of the County or of any officer or employee thereof for any flood
damages that result from reliance on this chapter or any administrative
decision lawfully made under this chapter.
B.
Abrogation and greater restrictions. This chapter supersedes any
ordinance currently in effect in flood-prone areas. However, any underlying
ordinance shall remain in full force and effect to the extent that
its provisions are more restrictive than this chapter.
C.
Severability. If any section, subsection, paragraph, sentence, clause
or phrase of this chapter shall be declared invalid for any reason
whatever, such decision shall not affect the remaining portions of
this chapter. The remaining portions shall continue in full force
and effect, and for this purpose, the provisions of this chapter are
hereby declared to be severable.
D.
Violations.
(1)
Misdemeanor. A violation of any provision of this chapter or of any
lawful order or direction of the agent or any other authorized employee
of the County given pursuant to this chapter shall continue a Class
1 misdemeanor.
(2)
Other remedies. In addition to the penalties in Subsection D(1) of this section, all other actions are hereby reserved, including an action in equity for the proper enforcement of this chapter. The imposition of a fine or penalty for any violation of, or noncompliance with, this chapter shall not excuse the violation or noncompliance or permit it to continue, and the person responsible therefor shall be required to correct or remedy such violation or noncompliance within a reasonable time. Any structure constructed, reconstructed, enlarged, altered or relocated in noncompliance with this chapter may be declared by the Board of Supervisors to be a public nuisance and abatable as such. Flood insurance may be withheld from structures constructed in violation of this chapter.
E.
Agent.
(1)
Agent designated. The County Administrator is hereby designated as
the agent for purposes of this chapter.
(2)
Agent may delegate. The agent may request assistance from any department,
agency, or staff member of the County in performing the duties assigned
by this chapter and may delegate to them such tasks as the agent deems
reasonable to ensure the orderly and timely administration of this
chapter. The agent shall in all cases retain final authority in matters
granted by this chapter.
A.
Basis of Districts, one-hundred-year floodplain. The various floodplain
districts referenced in this section include areas subject to inundation
by waters of the one-hundred-year flood. The basis for the delineation
of such districts shall be the Flood Insurance Rate Maps (FIRMs) for
Carroll County, prepared by the Federal Emergency Management Agency,
Federal Insurance Administration, dated August 28, 2008, as amended,
in which the boundaries of the floodplain districts are shown on the
Flood Insurance Rate Maps which are declared to be part of this chapter
and shall be kept on file at the office of the County Administrator.
B.
Floodway District. The Floodway District is delineated, for purposes
of this chapter, using the criteria that certain areas within the
one-hundred-year floodplain must be capable of carrying the waters
of the one-hundred-year flood without increasing the water surface
elevation of such flood more than one foot at any point. The areas
included in this delineation are specially defined in Table 01P on
Map No. 51035C0245. Profiles and "Summary of Discharges" table are
included on this map panel. No FEMA Flood Insurance Study (FIS) was
prepared for Carroll County.
C.
Special Floodplain District. The Special Floodplain District shall
be those areas identified as an AE Zone on the maps accompanying the
Flood Insurance Study for which one-hundred-year-flood elevations
have been provided.
D.
Approximated Floodplain District. The Approximated Floodplain District
shall be that floodplain area for which no detailed flood profiles
or elevations are provided, but where a one-hundred-year floodplain
boundary has been approximated. Such areas are shown on the Flood
Insurance Rate Map and identified as an A or an A99 Zone.
E.
Shallow Flooding District. The Shallow Flooding District shall be
those areas identified as Zone AO or AH on the maps accompanying the
Flood Insurance Study.
F.
Map of floodplain boundaries. The boundaries of the special flood
hazard area and the floodplain districts are established as shown
on the Flood Boundary and Floodway Map and/or Flood Insurance Rate
Map, which is hereby declared to be a part of this chapter. An accurate
copy of the map shall be kept on file at the agent's office.
G.
District boundary changes. The delineation of any of the floodplain
districts may be changed by the Board of Supervisors where natural
or man-made changes have occurred and/or where more detailed studies
have been conducted or undertaken by the United States Army Corps
of Engineers or by another qualified agency or individual. Such studies
shall document the need for such change. Prior to any such change,
approval must be obtained from the Federal Insurance Administration.
H.
Interpretation of district boundaries. Initial interpretations of
the boundaries of the floodplain districts shall be made by the agent.
Should a dispute arise concerning the boundaries of any of the districts,
the Planning Commission shall recommend, and the Board of Supervisors
shall make, the necessary determination. The person questioning or
contesting the location of the district boundary shall be given a
reasonable opportunity to present his case in a hearing before the
Planning Commission and the Board of Supervisors and to submit appropriate
technical evidence if so desired. The procedure for such hearing shall
be the same as that specified for the hearing of exceptions under
this chapter.
A.
Floodplain permit required. All uses, activities and development
occurring within any floodplain district shall be undertaken only
upon the issuance of a floodplain permit.
(1)
Criteria for permit. Such permit shall be issued by the agent only upon demonstration that the applicant plans to proceed in strict compliance with the provisions of this chapter and with all other applicable codes and ordinances, such as the Virginia Statewide Uniform Building Code and Chapter 216 of this Code. Prior to the issuance of any such permit, the agent shall require all applications to include evidence of compliance with all applicable state and federal laws.
(2)
Information required. All applications for floodplain permits in
the floodplain districts shall require the following information to
be submitted to the agent:
(a)
The elevation of the lowest floor (including basement). For
structures that have been elevated, the elevation of the lowest floor
(including basement) shall include a two-foot (twenty-four-inch) freeboard
elevation above the base flood elevation;
(b)
For structures to be floodproofed, or that have been floodproofed
(nonresidential only), the elevation to which the structure has been
floodproofed. Such floodproofing shall render the building components
below the elevation corresponding to the base flood elevation, plus
two feet above, watertight with walls substantially impermeable to
the passage of water, and use structural components having the capability
of resisting hydrostatic and hydrodynamic loads and the effect of
buoyancy. A registered professional engineer or architect shall certify
that the standards of this subsection are satisfied;
(c)
The elevation of the base flood at the site;
(d)
Topographic information showing existing and proposed ground
elevations.
(3)
Issuance of permit. Upon demonstration by the applicant that the
criteria of this chapter have been complied with, the agent shall
issue a floodplain permit. Such permit shall authorize only the specific
activities stated in the application for the permit. Any modifications
or additions to the permitted activity shall require issuance of a
new floodplain permit under the provisions of this chapter.
(4)
Time limit for floodplain permits if no development activity authorized
by the floodplain permits. If no development activity authorized by
the floodplain permit has been commenced within one year from the
date of issuance of the permit, such permit shall thereupon be rendered
void.
B.
Other permits.
(1)
State and federal approval required. Prior to any proposed alteration
or relocation of any channels or of any watercourse, stream, or the
like within the County, approval shall be obtained from the Division
of Dam Safety and Floodplain Management (Department of Conservation
and Recreation) and the Federal Insurance Administration.
(2)
Additional permits may be required. A permit from the United States
Army Corps of Engineers and the Marine Resources Commission and certification
from the Virginia Department of Environmental Quality may be necessary
(a joint permit application is available from any one of these organizations).
(3)
Local permits may be required. In addition to the floodplain permit,
any applicable additional permit (e.g., a building permit) required
by the County shall be obtained prior to commencement of work.
C.
Notification of other parties. Further notification of the proposal
shall be provided by the property owner or developer to all affected
adjacent jurisdictions. Copies of such notifications shall be provided
to the Division of Dam Safety and Floodplain Management (Department
of Conservation and Recreation) and Federal Insurance Administration.
D.
Watercourse carrying capacity not to be impaired. Under no circumstances
shall any use, activity or development in a floodplain district adversely
affect the capacity of the channels or floodways of any watercourse,
drainage ditch or any other drainage facility or system.
E.
Manufactured home placement.
(1)
When new construction standards applicable. For special flood hazard areas, each and every manufactured home placed, or substantially improved, on individual lots or parcels, in expansions to existing manufactured home parks or subdivisions, in a new manufactured home park or subdivision or in an existing manufactured home park or subdivision on which a manufactured home has incurred substantial damage as the result of a flood, must meet all the requirements for new construction, including the elevation and anchoring requirements in §§ 126-6 and 126-7 of this chapter, as well as any and all applicable regulations currently in effect or hereafter adopted regulating the use, placement or construction of manufactured homes.
(2)
Existing manufactured home parks. In addition to the requirements
of any and all applicable regulations currently in effect or hereafter
adopted regulating the use, placement or construction of manufactured
homes, all manufactured homes placed or substantially improved in
an existing manufactured home park or subdivision in which a manufactured
home has not incurred substantial damage as the result of a flood
shall be elevated so that either the lowest floor of the manufactured
home is elevated no lower than two feet above the base flood elevation
or the manufactured home chassis is supported by reinforced piers
or other foundation elements of at least equivalent strength that
are no less than 36 inches in height above grade and shall be securely
anchored to the adequately anchored foundation system to resist flotation,
collapse and lateral movement.
(3)
Foundation and anchoring required. All manufactured homes to be placed
or substantially improved within any floodplain districts shall be
placed on a permanent foundation and elevated and anchored in accordance
with the Virginia Uniform Statewide Building Code to prevent collapse,
flotation or lateral movement. Methods of anchoring may include, but
are not limited to, use of over-the-top or frame ties to ground anchors.
This standard shall be in addition to and consistent with applicable
state requirements for resisting wind forces.
(4)
Manufactured home prohibited in floodways. The placement of any manufactured
home within any floodway district is specifically prohibited, except
in an existing manufactured home park or subdivision. This section
shall not be deemed to require the removal of any such manufactured
home lawfully constructed or located thereon prior to the enactment
of this chapter. A replacement manufactured home may be placed on
a lot in an existing manufactured home park or subdivision, provided
the anchoring, elevation, and encroachment standards are met.
F.
Recreational vehicles. Recreational vehicles shall either be on site
for fewer than 180 consecutive days, be fully licensed and ready for
highway use, or meet the permit requirement for placement and the
elevation and anchoring requirements for manufactured homes as stated
above. A replacement vehicle is ready for highway use if it is on
its wheels or jacking system, is attached to the site only by quick-disconnect-type
utilities and security devices and has no permanently attached additions.
G.
Floodway District development. In the Floodway District, no development
shall be permitted except where the effect of such development on
flood heights is fully offset by accompanying improvements which have
been approved by all appropriate authorities. Encroachments, including
fill, new construction, substantial improvements, and other developments
are prohibited unless certification (with supporting technical data)
by a registered professional engineer is provided demonstrating that
encroachments shall not result in any increase in flood levels during
occurrence of the base flood. Development activities which increase
the water surface elevation of the base flood may be allowed, provided
that the applicant first applies, with the County's endorsement,
for a conditional Flood Insurance Rate Map and floodway revision and
receives the approval of the Federal Emergency Management Agency.
All new construction and substantial improvements shall comply with
all applicable flood hazard reduction provisions of this chapter and
the applicable provisions of the Virginia Uniform Statewide Building
Code.
H.
Special Floodplain District development. Until a regulatory floodway
is designated, no new construction, substantial improvements, or other
development (including fill) shall be permitted within the areas of
special flood hazard (Zones A1-30 and AE) on the Flood Insurance Rate
Map, unless it is demonstrated that the cumulative effect of the proposed
development, when combined with all other existing and anticipated
development, will not increase the water surface elevation of the
base flood more than one foot at any point within the County. Development
activities in Zones A1-30 and AE which increase the water surface
elevation of the base flood may be allowed, provided that the applicant
applies, with the County's endorsement, for a conditional Flood
Insurance Rate Map and floodway revision, and receives the approval
of the Federal Emergency Management Agency.
I.
Approximated Floodplain District development. In the Approximated
Floodplain District, the development and/or use of land shall be permitted
in accordance with the provisions of this chapter, provided that all
such uses, activities, and/or development shall be undertaken in strict
compliance with floodproofing and related provisions contained in
the Virginia Uniform Statewide Building Code and all other applicable
codes and ordinances.
(1)
Applicant to delineate floodway. Within the Approximated Floodplain
District, the applicant shall also delineate a floodway area based
on the requirement that all existing and anticipated future development
not increase the one-hundred-year-flood elevation more than one foot
at any given point within the County. The engineering principle "equal
reduction of conveyance" shall be used to make the determination of
increased flood heights.
(2)
Approximated floodway area development. Within the floodway area
delineated by the applicant, no development shall be permitted except
where the effect of such development on flood heights is fully offset
by accompanying improvements which have been approved by all appropriate
authorities.
(3)
When base flood elevation data or floodway data have not been provided,
the agent shall, in administering the provisions of this chapter,
obtain and reasonably utilize any base flood elevation and floodway
data available from a federal, state, or any other reliable source.
When such base flood elevation data is utilized, the agent shall obtain
the elevation (in relation to the mean sea level) of the lowest floor
(including the basement) of all new and substantially improved structures
and, if the structure has been floodproofed in accordance with the
requirements of this chapter, the elevation in relation to mean sea
level to which the structure has been floodproofed. When the data
is not available from any such source, the lowest floor of the structure
shall be elevated to no lower than two feet above the highest adjacent
grade.
J.
Shallow Flooding District development. The following provisions shall
apply within the Shallow Flooding District:
(1)
All new construction and substantial improvements of residential
structures shall have the lowest floor, including basement, elevated
to or above the flood depth specified on the Flood Insurance Rate
Map, above the highest adjacent grade. If no flood depth number is
specified, the lowest floor, including basement, shall be elevated
to no less than two feet above the highest adjacent grade or, together
with attendant utility and sanitary facilities, be completely floodproofed
to the specified flood level so that any space below that level is
watertight with walls substantially impermeable to the passage of
water and with structural components having the capability of resisting
hydrostatic and hydrodynamic loads and effects of buoyancy. Adequate
drainage paths around structures on slopes shall be provided to guide
floodwaters around and away from proposed structures.
K.
Standards for subdivision proposals:
(1)
All subdivision proposals shall be consistent with the need to minimize
flood damage;
(2)
All subdivision proposals shall have public utilities and facilities
such as sewer, gas, electrical and water systems located and constructed
to minimize flood damage;
(3)
All subdivision proposals shall have adequate drainage provided to
reduce exposure to flood hazards; and
(4)
Base flood elevation data shall be provided for subdivision proposals
and other proposals for development (including manufactured home parks
and subdivisions) that exceed 50 lots or five acres, whichever is
the lesser.
A.
Compliance with Statewide Building Code. New construction and substantial
improvements shall be according to the Virginia Uniform Statewide
Building Code and anchored to prevent flotation, collapse or lateral
movement of the structure. Such new construction or substantial improvements
shall be constructed with materials and utility equipment resistant
to flood damage and shall utilize construction methods and practices
that minimize flood damage.
B.
Sanitary sewer facilities. All new or replacement sanitary sewer
facilities and private package sewage treatment plants (including
all pumping stations and collector systems) in any floodplain district
shall be designed to minimize or eliminate infiltration of floodwaters
into the systems and discharges from the systems into the floodwaters.
In addition, all such facilities, including on-site waste disposal
systems, shall be located and constructed to minimize or eliminate
flood damage, contamination and impairment during flooding.
C.
Water facilities. All new or replacement water facilities in any
floodplain district shall be designed to minimize or eliminate infiltration
of floodwaters into the system and shall be located and constructed
to minimize or eliminate flood damage and impairment.
D.
Drainage facilities. All storm drainage facilities in any floodplain
district shall be designed to convey the flow of surface waters away
from buildings and on-site waste disposal sites. The Board of Supervisors
may require a primarily underground system to accommodate frequent
floods and a secondary surface system to accommodate larger, less
frequent floods. Drainage plans shall be consistent with any local
and regional drainage plans. The facilities shall be designed to prevent
the discharge of excess runoff onto adjacent properties.
E.
Utilities. All electrical, heating, ventilation, plumbing, and air-conditioning
equipment and other service facilities shall be designed and/or located
so as to prevent water from entering or accumulating within the components
during conditions of flooding.
F.
Streets and sidewalks. Streets and other thoroughfares and sidewalks
shall be designed to minimize their potential for increasing and aggravating
the levels of flood flow. Any drainage openings shall be required
to sufficiently discharge flood flows without unduly increasing flood
heights.
G.
Compliance with standards for new construction. Any alteration, repair,
reconstruction or improvements to a building that is in compliance
with the provisions of this chapter must meet the requirements of
new construction as contained in this chapter. Any alteration, repair,
reconstruction or improvements to a building that is not in compliance
with the provisions of this chapter shall be undertaken only if said
nonconformity is not furthered, extended or replaced.
In all special flood hazard areas where base flood elevations have been provided in the Flood Insurance Study or generated according to § 126-5G of this chapter, the following provisions shall apply:
A.
Residential construction. New construction or substantial improvement
of any residential structure (including manufactured homes) shall
have the lowest floor, including basement, elevated no lower than
two feet above the base flood elevation.
B.
Nonresidential construction. New construction or substantial improvement
of any commercial, industrial, or nonresidential building (or manufactured
home) shall have the lowest floor, including basement, elevated to
no lower than two feet above the base flood elevation. Buildings located
in all A1-30, AE, and AH Zones may be floodproofed in lieu of being
elevated, provided that all areas of the building components below
the elevation corresponding to the base flood elevation, plus two
feet, are watertight, with walls substantially impermeable to the
passage of water, and use structural components having the capability
of resisting hydrostatic and hydrodynamic loads and the effects of
buoyancy. A registered professional engineer or architect shall certify
that the standards of this subsection are satisfied.
C.
Elevated buildings. Enclosed areas of new construction or substantially
improved structures which are below the regulatory flood-protection
elevation shall:
(1)
Not be designed or used for human habitation, but shall only be used
for parking of vehicles, building access, or limited storage of maintenance
equipment used in connection with the premises. Access to the enclosed
area shall be the minimum necessary to allow for parking of vehicles
(garage door) or limited storage of maintenance equipment (standard
exterior door) or entry to the living area (stairway or elevator).
The interior portion of such enclosed area shall not be partitioned
or finished into separate rooms, except to an enclosed storage area;
(3)
Include, in Zones A, AO, AE, and A1-30, measures to automatically
equalize hydrostatic flood forces in walls by allowing for the entry
and exit of floodwaters. To meet this requirement, the openings must
be either be certified by a professional engineer or architect or
meet the following minimum design criteria:
(a)
Provide a minimum of two openings on different sides of each
enclosed area subject to flooding.
(b)
The total net area of all openings must be at least one square
inch for each square foot of enclosed area subject to flooding.
(c)
If a building has more than one enclosed area, each area must
have openings to allow floodwaters to automatically enter and exit.
(d)
The bottom of all required openings shall be no higher than
one foot above the adjacent grade.
(e)
Openings may be equipped with screens, louvers, or other opening
coverings or devices, provided they permit the automatic flow of floodwaters
in both directions.
(f)
Foundation enclosures made of flexible skirting are not considered
enclosures for regulatory purposes and, therefore, do not require
openings. Masonry or wood underpinning, regardless of structural status,
is considered an enclosure and requires openings as outlined above.
A.
Right of appeal or exception. Whenever any person is aggrieved by
a decision of the agent with respect to the provisions of this chapter,
it shall be the right of that person to appeal to the Planning Commission
and the Board. The Planning Commission shall hear such appeal and
recommend action to the Board of Supervisors, and the Board of Supervisors
shall hear and finally decide such appeal.
[Amended 11-14-2013]
B.
Procedure for exceptions.
(1)
Applicant to file appeal. Such appeal shall be filed, in writing,
within 30 days after the determination by the agent.
(2)
Joint hearing may be held. If all parties to the appeal assent, a joint meeting with both the Planning Commission and the Board of Supervisors may be held to hear the appeal. If one or more parties fail to give such assent, or if the Board of Supervisors and/or Planning Commission fails to agree upon a joint hearing, the separate hearing procedure outlined in Subsection B(3) of this section shall be observed. If a joint meeting is held, the following procedure shall be observed:
(a)
Joint hearing procedure. The Board of Supervisors shall set
a time and place for the purpose of hearing the appeal jointly with
the Planning Commission. Such joint hearing shall not be less than
10 nor more than 65 days from the date of the agent's receipt of the
appeal. Notice of the time and place of the hearing shall be given
to all parties. Such hearing shall be public, and the appellant, the
appellant's representative, the agent, and any other person whose
interest may be affected by the matter on appeal shall be given an
opportunity to be heard.
(b)
Joint hearing decisions. Following the close of the joint hearing, the Planning Commission shall vote to recommend that the Board of Supervisors approve, approve with specified conditions, or disapprove the exception. Such recommendation may be written or oral. Upon receipt of such recommendation, the Board of Supervisors shall vote to approve with conditions or disapprove the exception as it judges proper according to the criteria outlined in Subsection C of this section. Such decision by the Board of Supervisors shall be written, as provided in this section. Copies of such decision shall be provided to the agent and to the appellant and to other interested parties to the appeal.
[Amended 11-14-2013]
(c)
Timing of joint hearing decisions. The Planning Commission's
recommendation and the Board of Supervisors' decision shall both
be rendered during the same meeting at which the hearing is held,
unless either body votes to delay a decision. If either body votes,
not more than 65 days shall elapse before decisions shall be rendered
by both the Planning Commission and the Board of Supervisors. Variances
may be issued for the repair and rehabilitation of historic structures
upon a determination that the proposed repair or rehabilitation will
not preclude the structure's continued designation as an historic
structure.
(3)
Separate hearings may be held. If the above conditions for a joint
hearing are not met, the following procedure for separate hearings
shall be observed:
(a)
Planning Commission to hear appeal. Upon receipt of the appeal,
the Planning Commission shall set a time and place for the purpose
of hearing the appeal, which shall be not less than 10 nor more than
35 days from the date of the agent's receipt of the appeal. Notice
of the time and place of the hearing shall be given to all parties.
Such hearing shall be public, and the appellant, the appellant's
representative, the agent, and any other person whose interest may
be affected by the manner on appeal shall be given an opportunity
to be heard.
(b)
Recommendation of Planning Commission. The Planning Commission shall hear the appeal and shall vote to recommend that the Board of Supervisors approve, approve with specified conditions, or disapprove the exception as it judges proper according to the criteria outlined in Subsection C of this section. The Planning Commission shall render such recommendation, in writing, within 45 days following the hearing. Copies of such recommendation shall be provided to the agent and to the appellant and to other interested parties to the appeal.
(c)
Board to hear appeal. Upon receipt of the Planning Commission's
recommendation, the Board of Supervisors shall set a time and place
for the purpose of hearing the appeal, which shall be not less than
10 nor more than 35 days from the date of receipt of the recommendation.
Notice of the time and place of the hearing shall be given to all
parties. Such hearing shall be public, and the appellant, the appellant's
representative, the agent, and any other person whose interest may
be affected by the matter on appeal shall be given an opportunity
to be heard.
(d)
Decision of Board of Supervisors. The Board of Supervisors shall hear the appeal and shall vote to approve, approve with conditions, or disapprove the exception as it judges proper according to the criteria outlined in Subsection C of this section. The Board shall render such hearing. Copies of such decision shall be provided to the agent and to the appellant and to other interested parties to the appeal. The determination of the Board of Supervisors shall be final.
C.
Criteria for decisions on exceptions. In passing upon appeals for
exceptions under this chapter, the Planning Commission and the Board
of Supervisors shall consider all relevant factors and procedures
specified elsewhere in this chapter. In addition, the Planning Commission
and the Board of Supervisors shall consider the following factors:
(1)
The danger to life and property due to increased flood heights or
velocities caused by encroachments;
(2)
The danger that materials may be swept onto other lands or downstream
to the injury of others;
(3)
The proposed water supply and sanitation systems and the ability
of these systems to prevent disease, contamination or unsanitary conditions;
(4)
The susceptibility of the proposed facility and its contents to flood
damage and the effects of such damage on individual owners;
(5)
The importance of the services provided by such facility to the community;
(6)
The requirements of the facility for a waterfront location;
(7)
The availability of alternative locations not subject to flooding
for the proposed use;
(8)
The compatibility of the proposed use with existing development and
development anticipated in the foreseeable future;
(9)
The relationship of the proposed use to the County Comprehensive
Plan and to the floodplain management program for the area, if any;
(10)
The safety of access by ordinary and emergency vehicles to the
property in time of flood;
(11)
The expected heights, velocity, duration, rate of rise, and
sediment transport of the floodwaters expected at the site;
(12)
The repair or rehabilitation of historic structures upon a determination
that the proposed repair or rehabilitation will not preclude the structure's
continued designation as an historic structure and the exception is
the minimum necessary to preserve the historic character and design
of the structure;
(13)
The showing of good and sufficient cause for the exception;
(14)
Any such other factors which are relevant to the purpose of
this chapter.
D.
Board may consult expert opinion. The Planning Commission and/or
the Board of Supervisors may refer any application and accompanying
documentation pertaining to an appeal for exception under this section
to any engineer or other qualified person or agency for technical
assistance in evaluating the proposed project's impacts on flood
heights and velocities, the adequacy of plans for protection, and
other related matters.
E.
Findings by the Board of Supervisors.
(1)
Exceptions
under this section shall be issued only upon a finding of the Board
of Supervisors that the approval of such exception will not result
in:
(2)
In addition, the Board of Supervisors shall approve only such exception
as will be the minimum required to provide relief from hardship to
the applicant.
F.
Restrictions on floodway exceptions. No exception shall be approved for any proposed use, development or activity within any floodway district, except where the effect of such development on flood heights is fully offset by accompanying improvements which have been approved by all appropriate authorities, as required in Subsection E of this section. Under no circumstances shall an exception be approved for any floodway district which will cause any increase in the one-hundred-year-flood elevation.
G.
Applicant to be notified. The Board of Supervisors shall notify the
applicant for an exception, in writing, that the issuance of such
exception to construct a structure below the one-hundred-year-flood
elevation increases risks to life and property and will result increased
premium rates for flood insurance. A record of such notification,
as well as all actions taken on exceptions by the Board of Supervisors,
including reasons for such actions, shall be maintained by the County.
Any exceptions issued shall be noted in the annual or biennial report
submitted to the Federal Insurance Administrator.
A structure or use of a structure or premises which lawfully
existed on or before the effective date of the ordinance from which
this chapter is derived, but which is not in conformity with the provisions
of this chapter, may be continued, subject to the following conditions:
A.
Existing structures in the floodway area shall not be expanded or
enlarged unless it has been demonstrated through hydrologic and hydraulic
analyses performed in accordance with standard engineering practices
that the expansion would not result in any increase in the base flood
elevation;
B.
Any modification, alteration, repair, reconstruction or improvement
of any kind to a structure or use located in any floodplain district,
to an extent or amount less than 50% of its market value, shall be
elevated and/or floodproofed in conformity with this chapter and the
applicable provisions of the Virginia Uniform Statewide Building Code;
C.
The modification, alteration, repair, reconstruction, or improvement
of any kind to a structure and/or use, regardless of its location
in a floodplain area, to an extent or amount of 50% or more of its
market value shall be undertaken only in full compliance with this
chapter and shall require the entire structure to conform to the applicable
provisions of the Virginia Uniform Statewide Building Code;
D.
Uses or adjuncts to uses which are, or become, nuisances shall not
continue.
