(a)

Purpose. This ordinance is adopted pursuant to the authority granted to localities by Code of Virginia, § 15.2-2280. The purpose of this article 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 developments, 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 those uses, activities and developments that do occur in floodprone areas to be protected or floodproofed against flooding and flood damage.

(4)

Protecting individuals from buying lands and structures which are unsuited for intended purposes because of flood hazards.

(b)

Applicability. This article shall apply to all lands, public or private, within the jurisdiction of the county and identified as being floodprone, as stipulated in this article.

(c)

Compliance. After November 1, 1988, no land shall 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 article and any other applicable ordinances and regulations which apply to uses within the jurisdiction of this article.

(d)

Abrogation and greater restrictions. This article supersedes any ordinance in effect prior to November 1, 1988, in floodprone areas; however, any underlying ordinance shall remain in full force to the extent that those provisions are more restrictive.

(Ord. No. O-10-4, 9-21-10)

For the purposes of this article, the pertinent definitions are located in article XXI of this chapter.

(Ord. No. O-10-4, 9-21-10)

Cross reference— Definitions generally, § 1-2.

(a)

Basis of districts. The various floodplain districts shall include areas subject to inundation by waters of the 100-year flood. The basis for the delineation of these districts shall be the most recent flood insurance study and the Flood Insurance Rate Maps (FIRM) for the county prepared by the Federal Emergency Management Agency, Federal Insurance Administration dated December 17, 2010 and any subsequent revisions or amendments thereto. (Amdmt. No. 92-5, 7-15-92)

(b)

Special flood hazard area and floodplain districts: The boundaries of the special flood hazard areas and the floodplain districts are established as shown on the flood insurance rate map which is declared to be apart of this regulation and which shall be kept on file at the county offices.

(1)

The floodway district is delineated for purposes of this article using the criterion that a certain area within the floodplain must be capable of carrying the waters of the 100-year flood without increasing the water surface elevation of the flood more than one foot at any point. The areas included in this district are specifically defined in table 6 of the flood insurance study referenced in subsection (a) of this section and shown in the accompanying flood insurance rate map.

(2)

The special floodplain district shall be that area of the 100-year floodplain not included in the floodway district and are identified as an AE zone. The basis for the outermost boundary of this district shall be the 100-year flood elevations contained in the flood profiles of the flood insurance study referenced in subsection (a) of this section and as shown on the accompanying flood insurance rate maps.

(3)

The approximated floodplain district shall be that floodplain area for which no detailed flood profiles or elevations are provided, but where a 100-year floodplain boundary has been approximated. Such areas are shown on the flood insurance rate map as zone A. For these areas, the 100-year flood elevations and floodway information from federal, state or other acceptable sources shall be used when available. Where the specific 100-year flood elevation can not be determined for this area using other sources of data such as the U.S. Army Corps of Engineers' Flood Plain Information Report, U.S. Geological Survey Flood Prone Quadrangles, etc., the applicant for the proposed use, development or activity shall determine this elevation in accordance with hydrologic and hydraulic engineering techniques. Only professional engineers shall undertake hydrologic and hydraulic analyses 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 county.

(c)

Overlay concept.

(1)

The floodplain districts described in subsection (a) of this section shall be overlays to zoning districts, and, as such, the provisions for the floodplain districts shall serve as a supplement to the underlying district provisions.

(2)

Where there happens to be any conflict between the provisions or requirements of any of the floodplain districts and those of any underlying district, the more restrictive provisions and those pertaining to the floodplains shall apply.

(3)

If any provision concerning a floodplain district is declared inapplicable as a result of any legislative or administrative actions or judicial discretion, the basic underlying district provisions shall remain applicable.

(d)

Official zoning map. The boundaries of the floodplain districts are established as shown on the flood insurance rate map, which is declared to be a part of this article and which shall be kept on file at the county public works department building.

(e)

District boundary changes. The delineation of any of the floodplain districts may be revised by the board of supervisors where natural or manmade changes have occurred or when more detailed studies conducted or undertaken by the U.S. Army Corps of Engineers or other qualified agency or individual documents giving the notification for such change; however, prior to any such change, approval must be obtained from the Federal Insurance Administration.

(f)

Interpretation of district boundaries. Initial interpretations of the boundaries of the floodplain district shall be made by the zoning administrator. If a dispute arises concerning the boundaries of any of the districts, the person questioning or contesting the location of the district boundary shall be given a reasonable opportunity to present his case to the board of zoning appeals and to submit his own technical evidence if he so desires.

(g)

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.

(h)

Submitting technical data. 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 Insurance Administrator of the changes by submitting technical or scientific data. 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.

(Ord. No. O-10-4, 9-21-10)

(a)

Zoning permit. All uses, activities and development occurring within any floodplain district shall be undertaken only upon the issuance of a zoning permit. Such development shall be undertaken only in strict compliance with this article and with all other applicable codes and ordinances such as the Virginia Uniform Statewide Building Code and chapter 54 pertaining to subdivisions. Prior to the issuance of any such permit, the zoning administrator shall require all applications to include compliance with all applicable state and federal laws. The zoning administrator shall monitor all applications for building permits within the flood district to ensure compliance with this article. The following provisions shall apply to all permits issued in a floodplain district:

(1)

New construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure and construction by methods and practices that minimize flood damage and with materials and utility equipment resistant to flood damage.

(2)

Manufactured homes shall be anchored to prevent flotation, collapse, or lateral movement.

(3)

Utilities and mechanical devices and equipments and other service facilities shall be designed or located as to prevent water from entering or accumulating within the components during flooding.

(4)

New and replacement water supply and sanitary sewerage shall be designed to minimize or eliminate infiltration of floodwaters into the systems and prevent discharges from the system into floodwaters.

(5)

On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination during flooding.

(6)

Site plans and permit applications.

a.

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).

3.

For structures to be floodproofed (nonresidential only), the elevation to which the structure will be floodproofed.

4.

Topographic information showing existing and proposed ground elevations.

(b)

Preservation of drainageways. Under no circumstances shall any use, activity or development adversely affect the capacity of the channels or floodways of any watercourse, drainage ditch or any other drainage facility or system.

(c)

Alteration of watercourses. Prior to any proposed alteration or relocation of any channels, floodways or any watercourse, stream, etc., within the county, approval shall be obtained from the U.S. Corps of Engineers, Virginia Department of Environmental Quality, and the Virginia Marine Resources Commission. Furthermore, notification of the proposal shall be given by the applicant to all affected adjacent municipalities, the Virginia Department of Conservation and Recreation (Division of Dam Safety and Floodplain Management), and the Federal Insurance Administration. (Amdmt. No. 92-5, 7-15-92; Amdmt. No. 98-1, 4-21-98)

(d)

Acceptable uses in floodway district. Only the following uses shall be permitted and allowed in the floodway district:

(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 parks, day camps, picnic grounds, golf courses, boat launching and swimming areas, hiking and horseback riding trails, wildlife and nature preserves, game farms, fish hatcheries, trap and skeet game ranges, hunting and fishing areas, and recreational vehicles providing that such recreational vehicles shall be on the site for fewer than 180 consecutive days, shall be fully licensed, and shall be ready for highway use. (Amdmt. No. 92-5, 7-15-92)

(3)

Accessory residential uses such as yard areas, gardens, play areas and loading areas.

(4)

Accessory industrial and commercial uses such as yard areas, parking and loading areas, airport landing strips, etc.

(5)

No development shall be permitted which increases flood heights or produces hazardous velocities, unless the effect of such development on flood heights is offset by accompanying improvements which have been approved by a certified engineer and all appropriate state and local authorities.

(6)

Structures except for manufactured homes accessory to the uses and activities in subsection (d)(1) of this section.

(7)

Utilities and facilities and improvements such as railroads, streets, bridges, transmission lines, pipelines, water and sewage treatment plants and other similar or related uses (see subsection 66-347(c)(3) for design criteria).

(e)

Uses permitted by special exception in a floodway district. The following uses and activities may be permitted by special exception in the floodway district, provided that they are in compliance with the provisions of the underlying district and are not prohibited by this article or any county ordinance (Amdmt. No. 92-5, 7-15-92):

(1)

Storage of materials and equipment, provided they are not buoyant, flammable or explosive and are not subject to major damage by flooding, or provided that such materials and equipment are firmly anchored to prevent floatation or movement or can be readily removed from the area within the time available after flood warning.

(2)

Other similar uses and activities provided that they cause no increase in flood heights or velocities. All uses, activities and structural developments shall be undertaken in strict compliance with the floodproofing provisions contained in all other applicable codes and ordinances.

(f)

Uses permitted by special use permit in a floodway district. Uses permitted in the floodway by special use permit shall be as follows (Amdmt. No. 92-5, 7-15-92):

(1)

Water-related uses and activities such as marinas, docks, wharves, piers, etc.

(2)

Temporary uses such as circuses, carnivals and similar activities.

(g)

General restriction for floodway district. No encroachment, including fill, new construction, substantial improvements or other development, are allowed in the floodway district unless it has been demonstrated through certified hydrologic and hydraulic analyses that has been performed in accordance with standard engineering practice and submitted for review, that the proposed encroachment would not result in any increase in any flood levels during the occurrence of a base flood. No development activities in the floodway shall be allowed until the developer has filed and received approval for a conditional map of revision/amendment by the Federal Emergency Management Agency. (Amdmt. No. 92-5, 7-15-92)

(h)

Mobile/manufactured homes. The placement of any mobile/manufactured home, except in an existing mobile home park or subdivision, within the floodway district is specifically prohibited. Mobile/manufactured homes can be placed or replaced in a special flood hazard area provided all requirements for new construction, including elevations and anchoring requirements as outlined for residential construction, are met.

(I)

Development in special flood hazard areas and approximated floodplain districts. In the special flood hazard areas and approximated floodplain districts, the development or use of land shall be permitted in accordance with the regulations of the underlying district, provided that all such uses, activities or development shall be undertaken in strict compliance with the floodproofing and related provisions contained in the Virginia Uniform Statewide Building Code and all other applicable codes and ordinances. Until a regulatory floodway is designated no new construction, substantial improvements, or other development including fill, will be permitted within these areas until it has been demonstrated that the cumulative effect of the proposed development will not increase the water surface elevation of the base flood more than one foot at any point. If such development increases the water surface elevation of the base flood by more than one foot, the developer shall apply to the Federal Emergency Management Agency for approval for a conditional map revision. In all special flood hazard areas where base flood elevations have been provided in the Flood Insurance Study and are shown as zone AE on the Flood Insurance Rate Map, the following provisions shall apply:

(1)

Residential construction: New construction or substantial improvements of any residential structure, including manufactured homes, shall have the lowest finished floor, including basements, elevated to one foot above the determined base flood elevation.

(2)

Nonresidential construction: New construction or substantial improvements of any commercial, industrial, or nonresidential building shall have the lowest finished floor, including basements, elevated to one foot above the determined base flood elevation. Buildings located in AE zones may be floodproofed in lieu of being elevated provided that all areas of the building components below the base flood elevation plus one foot 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 requirement are satisfied. Such certification of such elevation to which the structures are floodproofed shall be stated on the building permit.

(3)

All elevated structures: Fully enclosed areas of new construction or substantial improvements of elevated structures that have areas below the established base flood elevation shall not be designed or used for human habitation, but can be used for parking, access or limited storage and shall be constructed of flood-resistant materials. These areas of structures located in zones A or AE, shall have walls that allow for entry and exit of floodwaters and meet the following minimum design standards:

a.

Minimum of two openings on different sides of the enclosed area and must be the total net area of at least one square inch for each square foot of enclosed area. If more than one enclosed area, each area must have openings to allow floodwaters to automatically enter and exit.

b.

The bottom of all required openings shall be no higher than one foot above the adjacent grade.

c.

Openings may be equipped with screens, louvers, or other opening coverings or devices provided they permit the automatic flow of floodwaters in both directions.

d.

Foundation enclosures made of flexible skirting are not considered enclosures for the purpose of floodplain management and do not require openings. Masonry or wood underpinning is considered an enclosure and requires openings.

(4)

Standards for approximate floodplain districts: These areas are shown as a zone A on the flood insurance rate maps and no detailed flood profiles or elevations are provided. When elevations cannot be determined by using other sources of data, then the applicant for the proposed use, development or activity, with the assistance of the county shall determine an elevation using technical concepts such as point on boundary, high water marks, or hydrologic and hydraulic analysis. When such base elevation has been determined, the lowest first finished floor shall be elevated to or above the base flood elevation and meet the floodproofing requirements for elevated structures.

(j)

Records of elevations and floodproofing levels. The building official's office shall obtain and maintain records of elevations and floodproofing levels for all new or substantially improved structures within designated floodplain districts.

(k)

Recreational vehicles. Recreational vehicles shall either (i) be on the site for fewer than 180 consecutive days, be fully licensed and ready for highway use, or (ii) meet the permit requirements for placement and the elevation and anchoring requirements for mobile/manufactured housing as contained in the Uniform Statewide Building Code. 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. (Amdmt. No. 92-5, 7-15-92)

(Ord. No. O-10-4, 9-21-10)

(a)

All actions by any agent, commission or board of the county, including special exceptions, rezoning, special uses, variances and amendments to this chapter, shall be made in consideration of all pertinent facts found in other sections of this chapter and especially the following:

(1)

The danger to life and property due to increased flood heights or velocities which may be 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 diseases, contamination and unsanitary conditions;

(4)

The susceptibility of the proposed facility or use and its contents to flood damage, and the effect of such damage on the individual owner;

(5)

The importance of the services provided by the proposed facility or use to the community;

(6)

The requirements of the facility or use 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 or structure with existing or anticipated development;

(9)

The use of the proposed facility and its relationship to the comprehensive plan;

(10)

The safety of access to the property in times of flood for ordinary and emergency vehicles;

(11)

The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters expected on the site; and

(12)

Such other factors which are relevant to the purpose of this article.

(b)

Special exceptions or variances will comply with the requirements of the Uniform Statewide Building Code.

(c)

The board of adjustments and appeals or board of zoning appeals may refer any application and accompanying documentation pertaining to any request for a special exception or 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 protection and other related matters.

(d)

Special exceptions and variances shall only be issued upon showing a good and sufficient cause after the board of zoning appeals has determined that the granting of such variance would result in exceptional hardship to the applicant and the granting of the variance will not result in the following:

(1)

Unacceptable or prohibited increases in flood heights.

(2)

Additional threats to public safety.

(3)

Extraordinary public expense.

(4)

Nuisances.

(5)

Conflict with local laws or ordinances.

(e)

Special exceptions and variances shall only be issued after the board of adjustments and appeals or board of zoning appeals has determined that the special exception or variance will be the minimum relief to any hardship.

(f)

The recipient of a special exception or variance shall be notified in writing that a special exception or variance to construct a structure below the 100-year flood elevation:

(1)

Increases risks to life and property; and

(2)

Will result in increased premium rates for flood insurance.

(g)

No special exception, special use or variance shall be allowed in the floodway if any increase in the 100-year flood elevation would occur.

(h)

A record of the notification in subsection (f) of this section, as well as all variance actions, including justification for their issuance, shall be maintained, and any variance which is issued shall be noted in the annual or biennial report submitted to the Federal Insurance Administrator.

(Ord. No. O-10-4, 9-21-10)

A structure or use of a structure or premises which lawfully existed before November 1, 1988, but which is not in conformity with this article, may be continued subject to the following conditions:

(1)

Existing structures and uses located in the floodway district shall not be expanded or enlarged unless it has been demonstrated through hydrologic and hydraulic analysis the effect of the proposed expansion or enlargement would not result in any increase in the base flood elevations.

(2)

Any modification, enlargement, repair, reconstruction or structural change to a structure or use located in any floodplain district to an extent or amount of less than 50 percent of its market value shall be elevated or floodproofed to the greatest extent feasible and conform to the Uniform Statewide Building Code.

(3)

Substantial improvements modifications, repairs, reconstruction or enlargement of a structure or use, regardless of its location in a floodplain district, to an extent or amount of 50 percent or more of its market value shall be undertaken only in full compliance with these regulations and the provisions of the Uniform Statewide Building Code.

(4)

Uses of adjuncts thereof which are or become nuisances shall not be permitted to continue.

(Ord. No. O-10-4, 9-21-10)

(a)

Compliance. Every subdivision proposal and other new development, including utilities and drainage, any part of which is located within a floodplain district, shall be located and designed to be consistent with the purposes of this article and to minimize flood damage.

(b)

Site plan criteria. The owner or developer of any such proposed subdivision shall include the following information on the subdivision plat required by chapter 54:

(1)

The name of the engineer, surveyor or other qualified person responsible for providing the information required in this section.

(2)

The location of the proposed subdivision with respect to the county's floodprone areas, proposed lots and sites, fills, flood or erosion protection facilities and areas subject to special deed restriction. In addition, it is required that all subdivision proposals greater than either five acres or 50 lots shall include base flood elevation data.

(3)

Where the subdivision and other new development lie partially or completely in the floodprone areas, the plan map shall include detailed information giving the location and elevation of proposed roads, public utilities and building sites. All such maps shall also show contours at intervals of two or five feet, depending upon the slope of the land, and shall identify accurately the boundaries of the floodprone areas.

(4)

The location of water and sewer systems, including on-site systems.

(c)

Design criteria.

(1)

Sanitary sewer facilities. All new or replacement sanitary sewer facilities and private package sewage treatment plants, including all pumping stations and collector systems, shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into the floodwaters. In addition, they shall be located and constructed to minimize or eliminate flood damage and impairment.

(2)

Water facilities. All new or replacement water facilities shall be designed to minimize or eliminate infiltration of floodwaters into the system and shall be located and constructed to minimize or eliminate flood damages.

(3)

Drainage facilities. A detail erosion and sedimentation and or storm water management plan shall be submitted to the county for review and approval. All storm drainage facilities shall be designed to convey the flow of surface waters without damage to persons or property. The system shall ensure drainage away from buildings and on-site waste disposal sites. Drainage plans shall be consistent with facilities discharge of excess runoff onto adjacent properties.

(4)

Utilities. All utilities such as gas lines and electrical and telephone systems being placed in floodprone areas shall be located, elevated, where possible, and constructed to minimize the chance of impairment during a flooding occurrence.

(5)

Streets and sidewalks. Streets and sidewalks shall be designed to minimize their potential for increasing and aggravating the levels of flood flow. Drainage openings shall be required to sufficiently discharge flood flows without unduly increasing flood heights.

(Ord. No. O-10-4, 9-21-10)

(a)

Any owner or partial owner of real estate or his agent and any real estate broker or his agent who sells or contracts to sell real estate subject to a floodplain regulation without first notifying in writing the buyer or his agent that such real estate is subject to floodplain regulations shall be subject to the penalties set forth in section 66-349.

(b)

Floodplain regulations referred to in subsection (a) of this section may, at the discretion of the court, include:

(1)

Revision of the contract at the option of the buyer;

(2)

Payment to the buyer of damages he may have suffered whether the buyer rescinds the contract or not; or

(3)

A fine of not more than $1,000.00.

(Ord. No. O-10-4, 9-21-10)

Any person who fails to comply with any or all of the requirements or provisions of this article or direction of the zoning administrator shall be guilty of a misdemeanor offense as defined in Code of Virginia, § 15.2-2286(A)(5) or shall be subject to a civil penalty as defined in Code of Virginia, § 15.2-2209. As provided in subsection 1-13(d), each day during which any violation of this article continues shall constitute a separate offense.

The imposition of a fine or penalty for any violation of, or noncompliance with, this regulation 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 or noncompliance within a reasonable time.

(Ord. No. O-10-4, 9-21-10)

The decree of flood protection sought by the provisions of this regulation 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 opening restricted by debris. This regulation does not imply that districts outside of the floodplain or land uses permitted within such district will be free from flooding or flood damages. The granting of permit or approval of a subdivision or development plan in an identified floodprone area shall not constitute a representation of guarantee or warranty of any kind by the county or by any official or employee thereof of the practicability or safety of the proposed use and shall create no liability upon the county, its officials or employees.

Records of actions associated with administering this regulation shall be kept on file and maintained by the zoning administrator.

(Ord. No. O-10-4, 9-21-10)

Any variance granted by the board of adjustments and appeals or board of zoning appeals shall conform to the standards set forth in section 60.6 of the Federal Register revised as of October 1, 1986, (44 CFR) and as now or hereafter amended.

(Ord. No. O-10-4, 9-21-10)