[Amended by Ord. of 7-22-2002(1); 2-8-2016 by Ord.
No. 2016-01]
1 -
Statutory Authorization and Purpose [44 CFR 59.22(a)(2)]
This ordinance is adopted pursuant to the authority granted
to localities by Va. Code § 15.2 - 2280.
The purpose of these provisions is to prevent: the loss of life
and property, 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
A.
regulating uses, activities, and development which, alone or in combination
with other existing or future uses, activities, and development, will
cause unacceptable increases in flood heights, velocities, and frequencies;
B.
restricting or prohibiting certain uses, activities, and development
from locating within districts subject to flooding;
C.
requiring all those uses, activities, and developments that do occur
in flood-prone districts to be protected and/or flood-proofed against
flooding and flood damage; and,
D.
protecting individuals from buying land and structures which are
unsuited for intended purposes because of flood hazards.
2 -
Applicability
These provisions shall apply to all privately and publicly owned
lands within the jurisdiction of the City of Franklin and identified
as areas of special flood hazard shown on the flood insurance rate
map (FIRM) or included in the flood insurance study (FIS) that are
provided to the City by FEMA.
3 -
Compliance and Liability
A.
No land shall hereafter be developed and no structure shall be located,
relocated, constructed, reconstructed, enlarged, or structurally altered
except in full compliance with the terms and provisions of this ordinance
and any other applicable ordinances and regulations which apply to
uses within the jurisdiction of this ordinance.
B.
The degree of flood protection sought by the provisions of this ordinance
is considered reasonable for regulatory purposes and is based on acceptable
engineering methods of study, but does not imply total flood protection.
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 ordinance does not imply that districts
outside the floodplain district or land uses permitted within such
district will be free from flooding or flood damages.
C.
This ordinance shall not create liability on the part of the City
or any officer or employee thereof for any flood damages that result
from reliance on this ordinance or any administrative decision lawfully
made thereunder.
4 -
Records [44 CFR 59.22(a)(9)(iii)]
Records of actions associated with administering this ordinance
shall be kept on file and maintained by or under the direction of
the Floodplain Administrator in perpetuity.
5 -
Abrogation and Greater Restrictions [44 CFR 60.1(b)]
To the extent that the provisions are more restrictive, this
ordinance supersedes any ordinance currently in effect in flood-prone
districts. To the extent that any other existing law or regulation
is more restrictive or does not conflict it shall remain in full force
and effect.
These regulations are not intended to repeal or abrogate any
existing ordinances including subdivision regulations, zoning ordinances
or building codes. In the event of a conflict between these regulations
and any other ordinance, the more restrictive shall govern.
6 -
Severability
If any section, subsection, paragraph, sentence, clause, or
phrase of this ordinance shall be declared invalid for any reason
whatever, such decision shall not affect the remaining portions of
this ordinance. The remaining portions shall remain in full force
and effect; and for this purpose, the provisions of this ordinance
are hereby declared to be severable.
7 -
Penalty for Violations [44 CFR 60.2(e)]
Any person who fails to comply with any of the requirements
or provisions of this article or directions of the director of planning
or any authorized employee of the City of Franklin shall be guilty
of the appropriate violation and subject to the penalties thereof.
The VA USBC addresses building code violations and the associated
penalties in Section 104 and Section 115. Violations and associated
penalties of the Zoning Ordinance of the City of Franklin are addressed
in appropriate sections of the Zoning Ordinance.
In addition to the above penalties, all other actions are hereby
reserved, including an action in equity for the proper enforcement
of this article. The imposition of a fine or penalty for any violation
of, or noncompliance with, this article shall not excuse the violation
or noncompliance or permit it to continue; and all such persons shall
be required to correct or remedy such violations within a reasonable
time. Any structure constructed, reconstructed, enlarged, altered
or relocated in noncompliance with this article may be declared by
the City to be a public nuisance and abatable as such. Flood insurance
may be withheld from structures constructed in violation of this article.
1 -
Designation of the Floodplain Administrator [44 CFR 59.22(b)]
The Zoning Administrator is hereby appointed to administer and
implement these regulations and is referred to herein as the Floodplain
Administrator. The Floodplain Administrator may:
(A)
Do the work themselves. In the absence of a designated Floodplain
Administrator, the duties are conducted by a Floodplain Manager who
has received Certification as a Certified Floodplain Manager from
the Association of State Floodplian Managers, Inc. or other state
acredited program.
(B)
Delegate duties and responsibilities set forth in these regulations
to qualified technical personnel, plan examiners, inspectors, and
other employees.
(C)
Enter into a written agreement or written contract with another community
or private sector entity to administer specific provisions of these
regulations. Administration of any part of these regulations by another
entity shall not relieve the community of its responsibilities pursuant
to the participation requirements of the National Flood Insurance
Program as set forth in the Code of Federal Regulations at 44 C.F.R.
Section 59.22.
2 -
Duties and Responsibilities of the Floodplain Administrator [44 CFR
60.3]
The duties and responsibilities of the Floodplain Administrator
shall include but are not limited to:
(A)
Review applications for permits to determine whether proposed activities
will be located in the Special Flood Hazard Area (SFHA).
(B)
Interpret floodplain boundaries and provide available base flood
elevation and flood hazard information.
(C)
Review applications to determine whether proposed activities will
be reasonably safe from flooding and require new construction and
substantial improvements to meet the requirements of these regulations.
(D)
Review applications to determine whether all necessary permits have
been obtained from the Federal, State or local agencies from which
prior or concurrent approval is required; in particular, permits from
state agencies for any construction, reconstruction, repair, or alteration
of a dam, reservoir, or waterway obstruction (including bridges, culverts,
structures), any alteration of a watercourse, or any change of the
course, current, or cross section of a stream or body of water, including
any change to the 100-year frequency floodplain of free-flowing non-tidal
waters of the State.
(E)
Verify that applicants proposing an alteration of a watercourse have
notified adjacent communities, the Department of Conservation and
Recreation (Division of Dam Safety and Floodplain Management), and
other appropriate agencies (VADEQ, USACE) and have submitted copies
of such notifications to FEMA.
(F)
Advise applicants for new construction or substantial improvement
of structures that are located within an area of the Coastal Barrier
Resources System established by the Coastal Barrier Resources Act
that Federal flood insurance is not available on such structures;
areas subject to this limitation are shown on Flood Insurance Rate
Maps as Coastal Barrier Resource System Areas (CBRS) or Otherwise
Protected Areas (OPA).
(G)
Approve applications and issue permits to develop in flood hazard
areas if the provisions of these regulations have been met, or disapprove
applications if the provisions of these regulations have not been
met.
(H)
Inspect or cause to be inspected, buildings, structures, and other
development for which permits have been issued to determine compliance
with these regulations or to determine if non-compliance has occurred
or violations have been committed.
(I)
Review Elevation Certificates and require incomplete or deficient
certificates to be corrected.
(J)
Submit to FEMA, or require applicants to submit to FEMA, data and
information necessary to maintain FIRMs, including hydrologic and
hydraulic engineering analyses prepared by or for the City, within
six months after such data and information becomes available if the
analyses indicate changes in base flood elevations.
(K)
Maintain and permanently keep records that are necessary for the
administration of these regulations, including:
(1)
Flood Insurance Studies, Flood Insurance Rate Maps (including
historic studies and maps and current effective studies and maps)
and Letters of Map Change; and
(2)
Documentation supporting issuance and denial of permits, Elevation
Certificates, documentation of the elevation (in relation to the datum
on the FIRM) to which structures have been floodproofed, inspection
records, other required design certifications, variances, and records
of enforcement actions taken to correct violations of these regulations.
(L)
Enforce the provisions of these regulations, investigate violations,
issue notices of violations or stop work orders, and require permit
holders to take corrective action.
(M)
Advise the Board of Zoning Appeals regarding the intent of these
regulations and, for each application for a variance, prepare a staff
report and recommendation.
(N)
Administer the requirements related to proposed work on existing
buildings:
(1)
Make determinations as to whether buildings and structures that
are located in flood hazard areas and that are damaged by any cause
have been substantially damaged.
(2)
Make reasonable efforts to notify owners of substantially damaged
structures of the need to obtain a permit to repair, rehabilitate,
or reconstruct. Prohibit the non-compliant repair of substantially
damaged buildings except for temporary emergency protective measures
necessary to secure a property or stabilize a building or structure
to prevent additional damage.
(O)
Undertake, as determined appropriate by the Floodplain Administrator
due to the circumstances, other actions which may include but are
not limited to: issuing press releases, public service announcements,
and other public information materials related to permit requests
and repair of damaged structures; coordinating with other Federal,
State, and local agencies to assist with substantial damage determinations;
providing owners of damaged structures information related to the
proper repair of damaged structures in special flood hazard areas;
and assisting property owners with documentation necessary to file
claims for Increased Cost of Compliance coverage under NFIP flood
insurance policies.
(P)
Notify the Federal Emergency Management Agency when the corporate
boundaries of the City have been modified and:
(1)
Provide a map that clearly delineates the new corporate boundaries
or the new area for which the authority to regulate pursuant to these
regulations has either been assumed or relinquished through annexation;
and
(2)
If the FIRM for any annexed area includes special flood hazard
areas that have flood zones that have regulatory requirements that
are not set forth in these regulations, prepare amendments to these
regulations to adopt the FIRM and appropriate requirements, and submit
the amendments to the governing body for adoption; such adoption shall
take place at the same time as or prior to the date of annexation
and a copy of the amended regulations shall be provided to Department
of Conservation and Recreation (Division of Dam Safety and Floodplain
Management) and FEMA.
(Q)
Upon the request of FEMA, complete and submit a report concerning
participation in the NFIP which may request information regarding
the number of buildings in the SFHA, number of permits issued for
development in the SFHA, and number of variances issued for development
in the SFHA.
(R)
It is the duty of the Floodplain Administrator to take into account
flood, mudslide and flood-related erosion hazards, to the extent that
they are known, in all official actions relating to land management
and use throughout the entire jurisdictional area of the Community,
whether or not those hazards have been specifically delineated geographically
(e.g. via mapping or surveying).
3 -
Use and Interpretation of FIRMs [44 CFR 60.3]
The Floodplain Administrator shall make interpretations, where
needed, as to the exact location of special flood hazard areas, floodplain
boundaries, and floodway boundaries. The following shall apply to
the use and interpretation of FIRMs and data:
(A)
Where field surveyed topography indicates that adjacent ground elevations:
(1)
Are below the base flood elevation, even in areas not delineated
as a special flood hazard area on a FIRM, the area shall be considered
as special flood hazard area and subject to the requirements of these
regulations;
(2)
Are above the base flood elevation, the area shall be regulated
as special flood hazard area unless the applicant obtains a Letter
of Map Change that removes the area from the SFHA.
(B)
In FEMA-identified special flood hazard areas where base flood elevation
and floodway data have not been identified and in areas where FEMA
has not identified SFHAs, any other flood hazard data available from
a Federal, State, or other source shall be reviewed and reasonably
used.
(C)
Base flood elevations and designated floodway boundaries on FIRMs
and in FISs shall take precedence over base flood elevations and floodway
boundaries by any other sources if such sources show reduced floodway
widths and/or lower base flood elevations.
(D)
Other sources of data shall be reasonably used if such sources show
increased base flood elevations and/or larger floodway areas than
are shown on FIRMs and in FISs.
(E)
If a Preliminary Flood Insurance Rate Map and/or a Preliminary Flood
Insurance Study has been provided by FEMA:
(1)
Upon the issuance of a Letter of Final Determination by FEMA,
the preliminary flood hazard data shall be used and shall replace
the flood hazard data previously provided from FEMA for the purposes
of administering these regulations.
(2)
Prior to the issuance of a Letter of Final Determination by
FEMA, the use of preliminary flood hazard data shall be deemed the
best available data pursuant to Section 3.1.A.3. and used where no
base flood elevations and/or floodway areas are provided on the effective
FIRM.
(3)
Prior to issuance of a Letter of Final Determination by FEMA,
the use of preliminary flood hazard data is permitted where the preliminary
base flood elevations or floodway areas exceed the base flood elevations
and/or designated floodway widths in existing flood hazard data provided
by FEMA. Such preliminary data may be subject to change and/or appeal
to FEMA.
4 -
Jurisdictional Boundary Changes [44 CFR 59.22, 65.3]
The City floodplain ordinance in effect on the date of annexation
shall remain in effect and shall be enforced by the municipality for
all annexed areas until the municipality adopts and enforces an ordinance
which meets the requirements for participation in the National Flood
Insurance Program. Municipalities with existing floodplain ordinances
shall pass a resolution acknowledging and accepting responsibility
for enforcing floodplain ordinance standards prior to annexation of
any area containing identified flood hazards. If the FIRM for any
annexed area includes special flood hazard areas that have flood zones
that have regulatory requirements that are not set forth in these
regulations, prepare amendments to these regulations to adopt the
FIRM and appropriate requirements, and submit the amendments to the
governing body for adoption; such adoption shall take place at the
same time as or prior to the date of annexation and a copy of the
amended regulations shall be provided to Department of Conservation
and Recreation (Division of Dam Safety and Floodplain Management)
and FEMA.
In accordance with the Code of Federal Regulations, Title 44
Subpart (B) Section 59.22 (a)(9) (v) all NFIP participating communities
must notify the Federal Insurance Administration and optionally the
State Coordinating Office in writing whenever the boundaries of the
community have been modified by annexation or the community has otherwise
assumed or no longer has authority to adopt and enforce floodplain
management regulations for a particular area.
In order that all Flood Insurance Rate Maps accurately represent
the community's boundaries, a copy of a map of the community suitable
for reproduction, clearly delineating the new corporate limits or
new area for which the community has assumed or relinquished floodplain
management regulatory authority must be included with the notification.
5 -
District Boundary Changes
The delineation of any of the Floodplain Districts may be revised
by the City where natural or man-made changes have occurred and/or
where more detailed studies have been conducted or undertaken by the
U.S. Army Corps of Engineers or other qualified agency, or an individual
documents the need for such change. However, prior to any such change,
approval must be obtained from the Federal Emergency Management Agency.
A completed LOMR is a record of this approval.
6 -
Interpretation of District Boundaries
Initial interpretations of the boundaries of the Floodplain
Districts shall be made by the Zoning Administrator. Should a dispute
arise concerning the boundaries of any of the Districts, the Board
of Zoning Appeals 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 to the Board
and to submit his own technical evidence if he so desires.
7 -
Submitting Model Backed Technical Data [44 CFR 65.3]
A community's base flood elevations may increase or decrease
resulting from physical changes affecting flooding conditions. As
soon as practicable, but not later than six months after the date
such information becomes available, a community shall notify the Federal
Emergency Management Agency of the changes by submitting technical
or scientific data. The community may submit data via a LOMR. Such
a submission is necessary so that upon confirmation of those physical
changes affecting flooding conditions, risk premium rates and flood
plain management requirements will be based upon current data.
8 -
Letters of Map Revision
When development in the floodplain will cause or causes a change
in the base flood elevation, the applicant, including state agencies,
must notify FEMA by applying for a Conditional Letter of Map Revision
and then a Letter of Map Revision.
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Example cases:
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•
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Any development that causes a rise in the base flood elevations
within the floodway.
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•
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Any development occurring in Zones A1-30 and AE without a designated
floodway, which will cause a rise of more than one foot in the base
flood elevation.
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•
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Alteration or relocation of a stream (including but not limited
to installing culverts and bridges) 44 Code of Federal Regulations
§ 65.3 and § 65.6(a)(12)
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1 -
Description of Special Flood Hazard Districts [44 CFR 59.1, 60.3]
A.
Basis of Districts
The various special flood hazard districts shall include the
SFHAs. The basis for the delineation of these districts shall be the
FIS and the FIRM for the City of Franklin prepared by the Federal
Emergency Management Agency, Federal Insurance Administration, revised
and dated September 4, 2002, and any subsequent revisions or amendments
thereto.
The City may identify and regulate local flood hazard or ponding
areas that are not delineated on the FIRM. These areas may be delineated
on a "Local Flood Hazard Map" using best available topographic data
and locally derived information such as flood of record, historic
high water marks or approximate study methodologies.
The boundaries of the SFHA Districts are established as shown
on the FIRM which is declared to be a part of this ordinance and which
shall be kept on file at the Franklin Southampton Department of Community
Development office.
1.
The Floodway District is in an AE Zone and is delineated, for purposes
of this ordinance, using the criterion that certain areas within the
floodplain must be capable of carrying the waters of the one percent
annual chance flood without increasing the water surface elevation
of that flood more than one (1) foot at any point. The areas included
in this District are specifically defined in Sections 4.0 and 5.0
of the above-referenced FIS and shown on the accompanying FIRM.
The following provisions shall apply within the Floodway District
of an AE zone [44 CFR 60.3(d)]:
a.
Within any floodway area, no encroachments, including fill,
new construction, substantial improvements, or other development shall
be permitted unless it has been demonstrated through hydrologic and
hydraulic analysis performed in accordance with standard engineering
practice that the proposed encroachment will not result in any increase
in flood levels within the community during the occurrence of the
base flood discharge. Hydrologic and hydraulic analyses shall be undertaken
only by professional engineers or others of demonstrated qualifications,
who shall certify that the technical methods used correctly reflect
currently-accepted technical concepts. Studies, analyses, computations,
etc., shall be submitted in sufficient detail to allow a thorough
review by the Floodplain Administrator.
b.
Permitted Uses: In the floodway district, the following uses
and activities are permitted, provided that they are in compliance
with the provisions of the underlying district and are not prohibited
by any other ordinance and provided they do not require structures,
fill, or storage of materials and equipment:
1.
Agricultural uses such as general farming, pasture, grazing,
outdoor plant nurseries, horticulture, truck farming, forestry, sod
farming, and wild crop harvesting
2.
Public and private recreational uses and activities such as
park, day camps, picnic grounds, golf courses, boat launching and
swimming areas, hiking and horseback trails, wildlife and nature preserves,
game farms, fish hatcheries and hunting and fishing areas
3.
Accessory residential uses such as yard areas, gardens, play
areas and pervious loading areas
4.
Accessory industrial and commercial uses such as yard areas,
pervious parking and loading areas, airport landing strips, etc.
c.
Uses permitted by Conditional Use Permit when authorized by
the Board of Zoning Appeals: The following uses and activities may
be permitted by conditional use permit, provided that they are in
compliance with the provisions of the underlying district and are
not prohibited by this article or any other ordinance:
1.
Utilities and public facilities and improvements such as railroads,
streets, bridges, transmission lines, pipelines, water and sewage
treatment plants and other similar or related uses
2.
Water-related uses and activities such as marinas, docks, wharves,
piers, etc
3.
Extraction of sand, gravel and other materials, where no increase
in level of flooding or velocity is caused thereby
4.
Storage of materials and equipment, provided that they are not
buoyant, flammable or explosive and are not subject to major damage
by flooding, or provided that such material and equipment is firmly
anchored to prevent flotation or movement and/or can be readily removed
from the area within the time available after flood warning
5.
Other similar uses and activities, provided they cause no increase
in flood heights and/or velocities. All uses, activities and structural
development shall be undertaken in strict compliance with the floodproofing
provisions contained in all other applicable codes and ordinances
d.
Development activities which increase the water surface elevation
of the base flood may be allowed, provided that the applicant first
applies - with the locality's endorsement - For a Conditional Letter
of Map Revision (CLOMR), and receives the approval of the Federal
Emergency Management Agency.
If Article III Section 3.1A 1 a is satisfied, all new construction
and substantial improvements shall comply with all applicable flood
hazard reduction provisions of Article 4.
e.
The placement of manufactured homes (mobile homes) is prohibited,
except in an existing manufactured home (mobile home) park or subdivision.
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.
Conditional use permits, special exceptions and variances
In passing applications for conditional use permits and special
exceptions, the board of zoning appeals, shall satisfy all relevent
factors and procedures specified in other sections of this chapter
and the following factors:
1.
The danger to life and property due to increased flood heights
or velocities caused by encroachments. No special use permit or special
exception shall be granted for any proposed use, development, or activity
within the floodway district that will cause any increase in flood
levels during the one percent annual chance flood.
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 and unsanitary
conditions.
4.
The susceptibility of the proposed facility and its contents
to flood damage and the effect of such damage on the individual owners.
5.
The importance of the services provided by the proposed facility
to the community.
6.
The availability of alternative locations not subject to flooding
for the proposed use.
7.
The compatibility of the proposed use with existing development
and development anticipated in the foreseeable future.
8.
The relationship of the proposed use to the comprehensive plan
and floodplain management program for the area.
9.
The safety of access to the property in time of flood of ordinary
and emergency vehicles.
10.
The excepted heights, velocity, duration, rate of rise and sediment
transport of the floodwaters expected at the site.
11.
Such factors which are relevent to the purposes of this article.
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The board of zoning appeals may refer any application and accompanying
documentation pertaining to any request for a special exception to
any engineer or other qualified person or agency for technical assistance
in evaluating the proposed project in relation to flood heights and
velocities and the adequacy of the plans for protection and other
related matters.
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Conditional use permits and/or special exceptions shall only
be issued after the board of zoning appeals has determined that the
granting of such will not (1) result in unacceptable or prohibited
increases in flood heights, (2) result in additional threats to public
safety, (3) result in extraordinary public expense, (4) create nuisances,
(5) cause fraud or victimization of the public, or (6) conflict with
local laws or ordinances.
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The board of zoning appeals shall notify the applicant for a
conditional use permit and/or special exception, in writing, that
the issuance of a conditional use permit and/or special exception
to construct a structure below the freeboard height from the one percent
chance per year flood event (1) increases the risks to life and property,
and (2) will result in increased premium rates for flood insurance.
A record of such notification, as well as all permit and variance
actions, including justification for their issuance, shall be maintained,
and any permit variances which are issued shall be noted in the annual
report submitted to the federal insurance administrator.
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2.
The AE, or AH Zones on the FIRM accompanying the FIS shall be those
areas for which one-percent annual chance flood elevations have been
provided.
The current FIRM/FIS shows no AH Zones within the jurisdiction.
The current FIRM/FIS shows the Floodway District and it has
been delieniated in all AE zones.
3.
The A Zone on the FIRM accompanying
the FIS shall be those areas for which no detailed flood profiles
or elevations are provided, but the one percent annual chance floodplain
boundary has been approximated.
For these areas, the following provisions shall apply [44 CFR
60.3(b)]:
The Approximated Floodplain District shall be that floodplain
area for which no detailed flood profiles or elevations are provided,
but where a one percent annual chance floodplain boundary has been
approximated. Such areas are shown as Zone A on the maps accompanying
the FIS. For these areas, the base flood elevations and floodway information
from federal, state, and other acceptable sources shall be used, when
available. Where the specific one percent annual chance flood elevation
cannot be determined for this area using other sources of data, such
as the U.S. Army Corps of Engineers Floodplain Information Reports,
U.S. Geological Survey Flood-Prone Quadrangles, etc., then the applicant
for the proposed use, development and/or activity shall determine
this base flood elevation. For development proposed in the approximate
floodplain the applicant must use technical methods that correctly
reflect currently accepted practices, such as point on boundary, high
water marks, or detailed methodologies hydrologic and hydraulic analyses.
Studies, analyses, computations, etc., shall be submitted in sufficient
detail to allow a thorough review by the Floodplain Administrator.
The Floodplain Administrator reserves the right to require a
hydrologic and hydraulic analysis for any development. When such base
flood elevation data is utilized, the lowest floor shall be elevated
to or above the base flood level plus the height of community freeboard.
Community freeboard height can be found in the definition for freeboard.
During the permitting process, the Floodplain Administrator
shall obtain:
1)
The elevation of the lowest floor (in relation to mean sea level),
including the basement, of all new and substantially improved structures;
and,
2)
If the structure has been flood-proofed in accordance with the
requirements of this article, the elevation (in relation to mean sea
level) to which the structure has been flood-proofed.
Base flood elevation data shall be obtained from other sources
or developed using detailed methodologies comparable to those contained
in a FIS for subdivision proposals and other proposed development
proposals (including manufactured home parks and subdivisions) that
exceed fifty lots or five acres, whichever is the lesser.
4.
The AO Zone on the FIRM accompanying the FIS shall be those areas
of shallow flooding identified as AO on the FIRM.
The current FIRM/FIS shows no AO Zones within the jurisdiction.
5.
The Coastal A Zone is labelled as AE on the FIRM; it is those areas
that are shoreward of the limit of moderate wave action (LiMWA) line.
As defined by the VA USBC, these areas are subject to wave heights
between 1.5 feet and 3 feet.
The current FIRM/FIS shows no LiMWA lines within the jurisdiction.
6.
The VE or V Zones on FIRMs accompanying the FIS shall be those areas
that are known as Coastal High Hazard areas, extending from offshore
to the inland limit of a primary frontal dune along an open coast
or other areas subject to high velocity waves.
The current FIRM/FIS shows no V or VE Zones within the jurisdiction.
2 -
Overlay Concept
The Floodplain Districts described above shall be overlays to
the existing underlying districts as shown on the Official Zoning
Ordinance Map, and as such, the provisions for the floodplain districts
shall serve as a supplement to the underlying district provisions.
If there is any conflict between the provisions or requirements
of the Floodplain Districts and those of any underlying district,
the more restrictive provisions and/or those pertaining to the floodplain
districts shall apply.
In the event any provision concerning a Floodplain District
is declared inapplicable as a result of any legislative or administrative
actions or judicial decision, the basic underlying provisions shall
remain applicable.
1 -
Permit and Application Requirements
A.
Permit Requirement
All uses, activities, and development occurring within any floodplain
district, including placement of manufactured homes, shall be undertaken
only upon the issuance of a zoning permit. Such development shall
be undertaken only in strict compliance with the provisions of this
Ordinance and with all other applicable codes and ordinances, as amended,
such as the Virginia Uniform Statewide Building Code (VA USBC) and
the City of Franklin Zoning and Subdivision Regulations. Prior to
the issuance of any such permit, the Floodplain Administrator shall
require all applications to include compliance with all applicable
state and federal laws and shall review all sites to assure they are
reasonably safe from flooding. Under no circumstances shall any use,
activity, and/or development adversely affect the capacity of the
channels or floodways of any watercourse, drainage ditch, or any other
drainage facility or system.
B.
Site Plans and Permit Applications
All applications for development within any floodplain district
and all building permits issued for the floodplain shall incorporate
the following information:
1.
The elevation of the Base Flood at the site.
2.
The elevation of the lowest floor (including basement) or, in V zones,
the lowest horizontal structural member.
3.
For structures to be flood-proofed (non-residential only), the elevation
to which the structure will be flood-proofed.
4.
Topographic information showing existing and proposed ground elevations.
2 -
General Standards
The following provisions shall apply to all permits:
A.
New construction and substantial improvements shall be built according
to this ordinance and the VA USBC, and anchored to prevent flotation,
collapse or lateral movement of the structure.
B.
Manufactured homes shall be anchored to prevent flotation, collapse,
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
anchoring requirements for resisting wind forces.
C.
New construction and substantial improvements shall be constructed
with materials and utility equipment resistant to flood damage.
D.
New construction or substantial improvements shall be constructed
by methods and practices that minimize flood damage.
E.
Electrical, heating, ventilation, plumbing, air conditioning equipment
and other service facilities, including duct work, shall be designed
and/or located so as to prevent water from entering or accumulating
within the components during conditions of flooding.
F.
New and replacement water supply systems shall be designed to minimize
or eliminate infiltration of flood waters into the system.
G.
New and replacement sanitary sewage systems shall be designed to
minimize or eliminate infiltration of flood waters into the systems
and discharges from the systems into flood waters.
H.
On-site waste disposal systems shall be located and constructed to
avoid impairment to them or contamination from them during flooding.
In addition to provisions A - H above, in all special flood
hazard areas, the additional provisions shall apply:
I.
Prior to any proposed alteration or relocation of any channels or
of any watercourse, stream, etc., within this jurisdiction a permit
shall be obtained from the U.S. Corps of Engineers, the Virginia Department
of Environmental Quality, and the Virginia Marine Resources Commission
(a joint permit application is available from any of these organizations).
Furthermore, in riverine areas, notification of the proposal shall
be given by the applicant to all affected adjacent jurisdictions,
the Department of Conservation and Recreation (Division of Dam Safety
and Floodplain Management), other required agencies, and the Federal
Emergency Management Agency.
J.
The flood carrying capacity within an altered or relocated portion
of any watercourse shall be maintained.
3 -
Elevation and Construction Standards
[44 CFR 60.3]
In all identified flood hazard areas where base flood elevations have been provided in the FIS or generated by a certified professional in accordance with Section 3.1 A 3, the following provisions shall apply:
A.
Residential Construction
New construction or substantial improvement of any residential
structure (including manufactured homes) in Zones A1-30, AE, AH and
A with detailed base flood elevations shall have the lowest floor,
including basement, elevated to or above the base flood level plus
twenty-four inches. See Section 3.1.5 and Section 3.1.6 for requirements
in the Coastal A and VE zones.
B.
Non-Residential Construction
1)
New construction or substantial improvement of any commercial, industrial,
or non-residential building shall have the lowest floor, including
basement, elevated to or above the base flood level plus twenty-four
inches. See Section 3.1.5 and Section 3.1.6 for requirements in the
Coastal A and VE zones.
2)
Non-residential buildings located in all A1-30, AE, and AH zones
may be flood-proofed in lieu of being elevated provided that all areas
of the building components below the elevation corresponding to one
foot above the BFE plus twenty-four inches are water tight 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. Such certification, including the specific elevation (in
relation to mean sea level) to which such structures are floodproofed,
shall be maintained by Floodplain Administrator.
C.
Space Below the Lowest
Floor
In zones A, AE, AH, AO, and A1-A30, fully 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 be used solely
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).
2.
be constructed entirely of flood resistant materials below the regulatory
flood protection elevation;
3.
include measures to automatically equalize hydrostatic flood forces
on walls by allowing for the entry and exit of floodwaters. To meet
this requirement, the openings must 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 (1)
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 (1) 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.
D.
Standards for Manufactured
Homes and Recreational Vehicles
2.
All recreational vehicles placed on sites must either
a.
be on the site for fewer than 180 consecutive days, be fully
licensed and ready for highway use (a recreational 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); or
b.
meet all the requirements for manufactured homes in Article
4.3(D)(1).
E.
Accessory
Structures.
[Added 8-27-2018 by Ord.
No. 2018-13]
1.
Accessory structures in the SFHA shall comply with the elevation
requirements and other requirements of Article XVII, Section 21.4.3.B
or, if not elevated or dry floodproofed, shall:
a.
Not be used for human habitation;
b.
Be limited to no more than 600 square feet in total floor area;
c.
Be usable only for parking of vehicles or limited storage;
d.
Be constructed flood damage resistant materials below the base
flood elevation;
e.
Be constructed and placed to offer the minimum resistance to
the flow of flood waters;
f.
Be anchored to prevent flotation;
g.
Have electrical service and mechanical equipment elevated to
or above the base flood elevation;
h.
Shall be provided with flood openings which meet the following
criteria:
(1)
There shall be a minimum of two flood openings on different
sides of each enclosed area; if a building has more than one enclosure
below the lowest floor, each such enclosure shall have flood openings
on exterior walls.
(2)
The total net area of all flood openings shall be at least 1
square inch for each square foot of enclosed area (non-engineered
flood openings), or the flood openings shall be engineered flood openings
that are designed and certified by a licensed professional engineer
to automatically allow entry and exit of floodwaters; the certification
requirement may be satisfied by an individual certification or an
Evaluation Report issued by the ICC Evaluation Service, Inc.
(3)
The bottom of each flood opening shall be 1 foot or less above
the higher of the interior floor or grade, or the exterior grade,
immediately below the opening.
(4)
Any louvers, screens or other covers for the flood openings
shall allow the automatic flow of floodwaters into and out of the
enclosed area.
4 -
Standards for Subdivision Proposals
A.
All subdivision proposals shall be consistent with the need to minimize
flood damage;
B.
All subdivision proposals shall have public utilities and facilities
such as sewer, gas, electrical and water systems located and constructed
to minimize flood damage;
C.
All subdivision proposals shall have adequate drainage provided to
reduce exposure to flood hazards, and
D.
Base flood elevation data shall be obtained from other sources or
developed using detailed methodologies, hydraulic and hydrologic analysis,
comparable to those contained in a Flood Insurance Study for subdivision
proposals and other proposed development proposals (including manufactured
home parks and subdivisions) that exceed five lots or five acres,
whichever is the lesser.
Any structure or use of a structure or premises must be brought
into conformity with these provisions when it is changed, repaired,
or improved unless one of the following exceptions is established
before the change is made:
A.
The floodplain manager has determined that
a.
change is not a substantial repair or substantial improvement AND
b.
no new square footage is being built in the floodplain that is not
complaint AND
c.
no new square footage is being built in the floodway AND
d.
the change complies with this ordinance, the underlying zoning district
and the VA USBC AND
B.
The changes are required to comply with a citation for a health or
safety violation.
C.
The structure is a historic structure and the change required would
impair the historic nature of the structure.
Variances shall be issued only upon (i) a showing of good and
sufficient cause, (ii) after the Board of Zoning Appeals has determined
that failure to grant the variance would result in exceptional hardship
to the applicant, and (iii) after the Board of Zoning Appeals has
determined that the granting of such variance will not result in (a)
unacceptable or prohibited increases in flood heights, (b) additional
threats to public safety, (c) extraordinary public expense; and will
not (d) create nuisances, (e) cause fraud or victimization of the
public, or (f) conflict with local laws or ordinances.
While the granting of variances generally is limited to a lot
size less than one-half acre, deviations from that limitation may
occur. However, as the lot size increases beyond one-half acre, the
technical justification required for issuing a variance increases.
Variances may be issued by the Board of Zoning Appeals for new construction
and substantial improvements to be erected on a lot of one-half acre
or less in size contiguous to and surrounded by lots with existing
structures constructed below the base flood level, in conformance
with the provisions of this section.
Variances may be issued for new construction and substantial
improvements and for other development necessary for the conduct of
a functionally dependent use provided that the criteria of this section
are met, and the structure or other development is protected by methods
that minimize flood damages during the base flood and create no additional
threats to public safety.
In passing upon applications for variances, the Board of Zoning
Appeals shall satisfy all relevant factors and procedures specified
in other sections of the zoning ordinance and consider the following
additional factors:
A.
The danger to life and property due to increased flood heights or
velocities caused by encroachments. No variance shall be granted for
any proposed use, development, or activity within any Floodway District
that will cause any increase in the one percent (1%) chance flood
elevation.
B.
The danger that materials may be swept on to other lands or downstream
to the injury of others.
C.
The proposed water supply and sanitation systems and the ability
of these systems to prevent disease, contamination, and unsanitary
conditions.
D.
The susceptibility of the proposed facility and its contents to flood
damage and the effect of such damage on the individual owners.
E.
The importance of the services provided by the proposed facility
to the community.
F.
The requirements of the facility for a waterfront location.
G.
The availability of alternative locations not subject to flooding
for the proposed use.
H.
The compatibility of the proposed use with existing development and
development anticipated in the foreseeable future.
I.
The relationship of the proposed use to the comprehensive plan and
floodplain management program for the area.
J.
The safety of access by ordinary and emergency vehicles to the property
in time of flood.
K.
The expected heights, velocity, duration, rate of rise, and sediment
transport of the flood waters expected at the site.
L.
The historic nature of a structure. Variances for repair or rehabilitation
of historic structures may be granted upon a determination that the
proposed repair or rehabilitation will not preclude the structure's
continued designation as a historic structure and the variance is
the minimum necessary to preserve the historic character and design
of the structure.
M.
No variance shall be granted for an accessory structure exceeding
600 square feet in total floor area.
[Amended 8-27-2018 by Ord. No. 2018-13]
|
The Board of Zoning Appeals may refer any application and accompanying
documentation pertaining to any request for a variance to any engineer
or other qualified person or agency for technical assistance in evaluating
the proposed project in relation to flood heights and velocities,
and the adequacy of the plans for flood protection and other related
matters.
|
|
Variances shall be issued only after the Board of Zoning Appeals
has determined that the granting of such will not result in (a) unacceptable
or prohibited increases in flood heights, (b) additional threats to
public safety, (c) extraordinary public expense; and will not (d)
create nuisances, (e) cause fraud or victimization of the public,
or (f) conflict with local laws or ordinances.
|
|
Variances shall be issued only after the Board of Zoning Appeals
has determined that the variance will be the minimum required to provide
relief.
|
|
The Board of Zoning Appeals shall notify the applicant for a
variance, in writing that the issuance of a variance to construct
a structure below the one percent (1%) chance flood elevation (a)
increases the risks to life and property and (b) will result in increased
premium rates for flood insurance.
|
|
A record shall be maintained of the above notification as well
as all variance actions, including justification for the issuance
of the variances. Any variances that are issued shall be noted in
the annual or biennial report submitted to the Federal Insurance Administrator.
|
A.
Appurtenant or accessory structure - A non-residential structure
which is on the same parcel of property as the principal structure
and the use of which is incidental to the use of the principal structure.
Accessory structures are not to exceed 600 square feet in total floor
area.
[Amended 8-27-2018 by Ord. No. 2018-13]
B.
Base flood - The flood having a one percent chance of being equaled
or exceeded in any given year.
C.
Base flood elevation - The water surface elevations of the base flood,
that is, the flood level that has a one percent or greater chance
of occurrence in any given year. The water surface elevation of the
base flood in relation to the datum specified on the community's Flood
Insurance Rate Map. For the purposes of this ordinance, the base flood
is the 1% annual chance flood.
D.
Basement - Any area of the building having its floor sub-grade (below
ground level) on all sides.
E.
Board of Zoning Appeals - The board appointed to review appeals made
by individuals with regard to decisions of the Zoning Administrator
in the interpretation of this ordinance.
F.
Coastal A Zone - Flood hazard areas that have been delineated as
subject to wave heights between 1.5 feet and 3 feet.
G.
Development - 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.
H.
Elevated building - A non-basement building built to have the lowest
floor elevated above the ground level by means of solid foundation
perimeter walls, pilings, or columns (posts and piers).
I.
Encroachment - 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.
J.
Existing construction - For the purposes of the insurance program,
structures for which the "start of construction" commenced before
the effective date of the FIRM or before January 1, 1975 for FIRMs
effective before that date. "Existing construction" may also be referred
to as "existing structures" and "pre-FIRM."
K.
Flood or flooding -
1.
A general or temporary condition of partial or complete inundation
of normally dry land areas from
a.
the overflow of inland or tidal waters; or,
b.
the unusual and rapid accumulation or runoff of surface waters from
any source.
c.
mudflows which are proximately caused by flooding as defined in paragraph
(1)(b) of this definition and are akin to a river of liquid and flowing
mud on the surfaces of normally dry land areas, as when earth is carried
by a current of water and deposited along the path of the current.
2.
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 an 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 paragraph 1 (a) of this definition.
L.
Flood Insurance Rate Map (FIRM) - an official map of a community,
on which the Federal Emergency Management Agency has delineated both
the special hazard areas and the risk premium zones applicable to
the community. A FIRM that has been made available digitally is called
a Digital Flood Insurance Rate Map (DFIRM).
M.
Flood Insurance Study (FIS) - a report by FEMA that examines, evaluates
and determines flood hazards and, if appropriate, corresponding water
surface elevations, or an examination, evaluation and determination
of mudflow and/or flood-related erosion hazards.
N.
Floodplain or flood-prone area - Any land area susceptible to being
inundated by water from any source.
O.
Flood proofing - any combination of structural and non-structural
additions, changes, or adjustments to structures which reduce or eliminate
flood damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
P.
Floodway - 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
one foot at any point within the community.
Q.
Freeboard - 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. The
City of Franklin requires BFE plus twenty-four inches of freeboard.
R.
Functionally dependent use - A use which cannot perform its intended
purpose unless it is located or carried out in close proximity to
water. This term includes only docking facilities, port facilities
that are necessary for the loading and unloading of cargo or passengers,
and shipbuilding and ship repair facilities, but does not include
long-term storage or related manufacturing facilities.
S.
Highest adjacent grade - the highest natural elevation of the ground
surface prior to construction next to the proposed walls of a structure.
T.
Historic structure - Any structure that is
1.
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;
2.
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;
3.
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,
4.
individually listed on a local inventory of historic places in communities
with historic preservation programs that have been certified either
U.
Hydrologic and Hydraulic Engineering Analysis - Analyses performed
by a licensed professional engineer, in accordance with standard engineering
practices that are accepted by the Virginia Department of Conservation
and Recreation and FEMA, used to determine the base flood, other frequency
floods, flood elevations, floodway information and boundaries, and
flood profiles.
V.
Letters of Map Change (LOMC) - A Letter of Map Change is an official
FEMA determination, by letter, that amends or revises an effective
Flood Insurance Rate Map or Flood Insurance Study. Letters of Map
Change include:
Letter of Map Amendment (LOMA): An amendment based on technical
data showing that a property was incorrectly included in a designated
special flood hazard area. A LOMA amends the current effective Flood
Insurance Rate Map and establishes that a land as defined by meets
and bounds or structure is not located in a special flood hazard area.
Letter of Map Revision (LOMR): A revision based on technical
data that may show changes to flood zones, flood elevations, floodplain
and floodway delineations, and planimetric features. A Letter of Map
Revision Based on Fill (LOMR-F), is a determination that a structure
or parcel of land has been elevated by fill above the base flood elevation
and is, therefore, no longer exposed to flooding associated with the
base flood. In order to qualify for this determination, the fill must
have been permitted and placed in accordance with the community's
floodplain management regulations.
Conditional Letter of Map Revision (CLOMR): A formal review
and comment as to whether a proposed flood protection project or other
project complies with the minimum NFIP requirements for such projects
with respect to delineation of special flood hazard areas. A CLOMR
does not revise the effective Flood Insurance Rate Map or Flood Insurance
Study.
W.
Lowest adjacent grade - the lowest natural elevation of the ground
surface next to the walls of a structure.
X.
Lowest floor - 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 non-elevation design requirements of
Federal Code 44CFR § 60.3.
Y.
Manufactured home - 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.
Z.
Manufactured home park or subdivision - a parcel (or contiguous parcels)
of land divided into two or more manufactured home lots for rent or
sale.
AA.
Mean Sea Level - is an elevation point that represents the average
height of the ocean's surface (such as the halfway point between the
mean high tide and the mean low tide) which is used as a standard
in reckoning land elevation.
BB.
New construction - For the purposes of determining insurance rates,
structures for which the "start of construction" commenced on or after
August 15, 1980, 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 a floodplain management regulation adopted by
a community and includes any subsequent improvements to such structures.
Such structure is also referred to as "post-FIRM."
CC.
Post-FIRM structures - A structure for which construction or substantial
improvement occurred on or after August 15, 1980.
DD.
Pre-FIRM structures - A structure for which construction or substantial
improvement occurred before August 15, 1980.
EE.
Primary frontal dune - a continuous or nearly continuous mound or
ridge of sand with relatively steep seaward and landward slopes immediately
landward and adjacent to the beach and subject to erosion and overtopping
from high tides and waves during major coastal storms.
FF.
Recreational vehicle - A vehicle which is
1.
built on a single chassis;
2.
400 square feet or less when measured at the largest horizontal projection;
3.
designed to be self-propelled or permanently towable by a light duty
truck; and,
4.
designed primarily not for use as a permanent dwelling but as temporary
living quarters for recreational camping, travel, or seasonal use.
GG.
Repetitive Loss Structure - A building covered by a contract for
flood insurance that has incurred flood-related damages on two occasions
in a 10-year period, in which the cost of the repair, on the average,
equalled or exceeded 25 percent of the market value of the structure
at the time of each such flood event; and at the time of the second
incidence of flood-related damage, the contract for flood insurance
contains increased cost of compliance coverage.
HH.
Severe repetitive loss structure - a structure that: (a) Is covered
under a contract for flood insurance made available under the NFIP;
and (b) Has incurred flood related damage - (i) For which 4 or more
separate claims payments have been made under flood insurance coverage
with the amount of each such claim exceeding $5,000, and with the
cumulative amount of such claims payments exceeding $20,000; or (ii)
For which at least 2 separate claims payments have been made under
such coverage, with the cumulative amount of such claims exceeding
the market value of the insured structure.
II.
Shallow flooding area - A special flood hazard area 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.
JJ.
Special flood hazard area - The land in the floodplain subject to a one (1%) percent or greater chance of being flooded in any given year as determined in Article 3, Section 3.1 of this ordinance.
KK.
Start of construction - For other than new construction and substantial
improvement, under the Coastal Barriers Resource Act (P.L. - 97-348),
means the date the building permit was issued, provided the 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 of streets
and/or walkways; nor does it include excavation for a basement, footings,
piers, or foundations or the erection of temporary forms; 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.
LL.
Structure - 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.
MM.
Substantial damage - 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 percent of the market value of
the structure before the damage occurred.
NN.
Substantial improvement - Any reconstruction, rehabilitation, addition,
or other improvement of a structure, the cost of which equals or exceeds
50 percent of the market value of the structure before the start of
construction of the improvement. This term includes structures which
have incurred repetitive loss or substantial damage regardless of
the actual repair work performed. The term does not, however, include
either:
1.
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 conditions,
or
2.
any alteration of a historic structure, provided that the alteration
will not preclude the structure's continued designation as a historic
structure.
3.
Historic structures undergoing repair or rehabilitation that would
constitute a substantial improvement as defined above, must comply
with all ordinance requirements that do not preclude the structure's
continued designation as a historic structure. Documentation that
a specific ordinance requirement will cause removal of the structure
from the National Register of Historic Places or the State Inventory
of Historic places must be obtained from the Secretary of the Interior
or the State Historic Preservation Officer. Any exemption from ordinance
requirements will be the minimum necessary to preserve the historic
character and design of the structure.
OO.
Violation - the failure of a structure or other development to be
fully compliant with the community's floodplain management regulations.
A structure or other development without the elevation certificate,
other certifications, or other evidence of compliance required in
this ordinance is presumed to be in violation until such time as that
documentation is provided.
PP.
Watercourse - 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.
