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:

(1)

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.

(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 and/or floodproofed against flooding and flood damage.

(4)

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

(Code 2003, § 195-121; Ord. of 8-12-2013)

These provisions shall apply to all lands within the jurisdiction of the town and identified as being in the 100-year floodplain by the Federal Insurance Administration.

(Code 2003, § 195-122; Ord. of 8-12-2013)

(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 article and any other applicable ordinances and regulations which apply to uses within the jurisdiction of this article.

(b)

The degree of flood protection sought by the provisions of this article is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study. Larger floods may occur on rare occasions. Flood heights may be increased by manmade or natural causes, such as ice jams and bridge openings restricted by debris. This article does not imply that areas outside the floodplain district, or that land uses permitted within such district, will be free from flooding or flood damages.

(c)

This article shall not create liability on the part of the town or any officer or employee thereof for any flood damages that result from reliance on this article or any administrative decision lawfully made thereunder.

(Code 2003, § 195-123; Ord. of 8-12-2013)

This article supersedes any ordinance currently in effect in floodprone areas. However, any underlying ordinance shall remain in full force and effect to the extent that its provisions are more restrictive than this article.

(Code 2003, § 195-124; Ord. of 8-12-2013)

(a)

Any person who fails to comply with any of the requirements or provisions of this article or directions of the zoning officer or any other authorized employee of the town shall be guilty of a misdemeanor of the first class and subject to the penalties thereof.

(b)

In addition to the penalties in subsection (a) of this section, 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 to permit it to continue; and all such persons shall be required to correct or remedy such violations or noncompliance within a reasonable time. Any structure constructed, reconstructed, enlarged, altered, or relocated in noncompliance with this article may be declared by the council to be a public nuisance and abatable as such. Flood insurance may be withheld from structures constructed in violation of this article.

(Code 2003, § 195-125; Ord. of 8-12-2013)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Base flood/100-year flood means a flood that, on the average, is likely to occur once every 100 years (i.e., that has one-percent chance of occurring each year, although the flood may occur in any year).

Board of zoning appeals means the board appointed to review appeals made by individuals with regard to decisions of the zoning administrator in the interpretation of this article.

Development means any manmade change to improved or unimproved real estate, including, but not limited to, buildings or other structures, the placement of manufactured homes, streets, and other paving, utilities, filling, grading, excavation, mining, dredging, or drilling operations or storage of equipment or materials.

Flood means a general and temporary inundation or normally dry land areas.

Floodplain means:

(1)

A relatively flat or low land area adjoining a river, stream or watercourse which is subject to partial or complete inundation;

(2)

An area subject to the unusual and rapid accumulation or runoff of surface water from any source.

Floodprone areas means any land area susceptible to being inundated by water from any source.

Historic structure means any structure that is:

(1)

Listed individually in the National Register of Historic Places (a listing maintained by the Department of the 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:

a.

By an approved state program as determined by the Secretary of the Interior; or

b.

Directly by the Secretary of the Interior in states without approved programs.

Manufactured home means a structure, transportable in one or more sections, which is built on a permanent chassis, and designed to be used with or without permanent foundation when connected to the required utilities. The term "manufactured home" also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 days.

Manufactured home park/subdivision means a parcel (or contiguous parcels) of land divided into two or more lots for rent or sale.

Recreational vehicle means 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.

(Code 2003, § 195-126; Ord. of 8-12-2013)

(a)

Basis of district.

(1)

The floodplain district shall include areas subject to inundation by waters of the 100-year flood. The basis for the approximated floodplain district shall be the town flood insurance rate map, dated January 2, 2008, as amended, and the county flood insurance study, dated January 2, 2008, prepared by the Federal Emergency Management Agency.

(2)

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 as Zone A on the flood insurance rate map. For these areas, the 100-year flood elevations and floodway information from federal, state, and other acceptable sources shall be used, when available. When the specific 100-year 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 Floodprone Quadrangles, etc., then the applicant for the proposed use, development and/or activity shall determine this elevation in accordance with hydrologic and hydraulic engineers techniques. 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 town.

(b)

Overlay concept.

(1)

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

(2)

If there is any conflict between the provisions or requirements of the floodplain district and those of any underlying district, the more restrictive provisions and/or those pertaining to the floodplain district shall apply.

(3)

In the event any provisions concerning a floodplain district are declared inapplicable as a result of any legislative or administrative actions or judicial decision, the basic underlying provisions shall remain inapplicable.

(Code 2003, § 195-127; Ord. of 8-12-2013)

The boundaries of the floodplain district are established as shown on the flood insurance rate map/flood hazard boundary map which is declared to be a part of this article and which shall be kept on file at the town municipal building, town manager's office.

(Code 2003, § 195-128; Ord. of 8-12-2013)

The delineation of any of the floodplain district may be revised by the council where natural or manmade 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 Insurance Administration.

(Code 2003, § 195-129; Ord. of 8-12-2013)

Initial interpretations of the boundaries of the floodplain district shall be made by the zoning officer. Should a dispute arise concerning the boundaries of any of the district, 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 the case of said person to the board and to submit said person's own technical evidence if the person so desires.

(Code 2003, § 195-130; Ord. of 8-12-2013)

(a)

Permit requirement. 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 the provisions of this article and with all other applicable codes and ordinances, such as the Virginia Uniform Statewide Building Code and the town subdivision regulations. Prior to the issuance of any such permit, the zoning officer shall require all applications to include compliance with all applicable state and federal laws. Under no circumstances shall any use, activity, and/or development adversely affect capacity of the channels or floodways of any watercourse, draining ditch, or any other drainage facility or system.

(b)

Alteration or relocation of watercourse. Prior to any proposed alteration or relocation of any channels or of any watercourse, stream, etc., within this jurisdiction, a permit from the U.S. Corps of Engineers, the state marine resources commission, and certification from the state water control board may be necessary (a joint permit application is available from any one of these organizations). Further notification of the proposal shall be given to all affected adjacent jurisdictions, the division of dam safety and floodplain management (department of conservation and recreation), and the Federal Insurance Administration.

(c)

Site plans and permit applications. All applications for development in the floodplain district and the building permits issued for the floodplain shall incorporate the following information:

(1)

For structures that have been elevated, the elevation of the lowest floor (including basement).

(2)

For structures that have been floodproofed (nonresidential only), the elevation to which the structure has been floodproofed.

(3)

The elevation of the 100-year flood.

(4)

Topographic information showing existing and proposed ground elevations.

(d)

Manufactured homes. All manufactured homes to be placed or substantially improved within the floodplain district shall be placed on a permanent foundation and elevated and anchored in accordance with the Virginia Uniform Statewide Building Code.

(e)

Recreational vehicles. All recreational vehicles placed on sites must either:

(1)

Be on the site for fewer than 180 consecutive days;

(2)

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

(3)

Meet all the requirements for manufactured homes in subsection (d) of this section.

(Code 2003, § 195-131; Ord. of 8-12-2013)

(a)

In the approximated floodplain district, the development and/or use of land shall be permitted in accordance with the regulations of the underlying district, provided that all such uses, activities, and/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. The applicant shall also delineate a floodway area based on the requirement that all existing and future development not increase the 100-year flood elevation more than one foot at any one point. The engineering principle (equal reduction of conveyance) shall be used to make the determination of increased flood heights.

(b)

Within the floodway area delineated by the applicant, no development shall be permitted, except where the effect of such development on flood heights is fully offset by accompanying improvements which have been approved by all appropriate local and/or state authorities, as required in subsection (a) of this section.

(Code 2003, § 195-132; Ord. of 8-12-2013)

(a)

Sanitary sewer facilities. All new or replacement sanitary sewer facilities and private package sewer 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 should be located and constructed to minimize or eliminate flood damage and impairment.

(b)

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

(c)

Drainage facilities. All storm drainage facilities shall be designed to convey the flow of surface waters without damage to persons or property. The systems shall ensure drainage away from buildings and on-site waste disposal sites. The town may require a primarily underground system to accommodate frequent floods and a secondary surface system to accommodate larger, less-frequent floods. Drainage plans shall be consistent with local and regional drainage plans. The facilities shall be designed to prevent the discharge or excess runoff onto adjacent properties.

(d)

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

(e)

Streets and sidewalks. Streets and sidewalks should 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.

(Code 2003, § 195-133; Ord. of 8-12-2013)

(a)

Factors to consider.

(1)

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 that will cause any increases in flood levels during the 100-year flood.

(2)

The danger that materials may be swept on to 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 requirements of the facility for a waterfront location.

(7)

The availability of alternative locations not subject to flooding for the proposed use.

(8)

The compatibility of the proposed use with existing development and development anticipated in the foreseeable future.

(9)

The relationship of the proposed use to the comprehensive plan and floodplain management program for the area.

(10)

The safety of access by ordinary and emergency vehicles to the property in time of flood.

(11)

The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at the site.

(12)

The repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

(13)

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

(b)

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.

(c)

Variances shall be issued only after the board of zoning appeals has determined that the granting of such will not result in unacceptable or prohibited increases in flood heights; additional threats to public safety; extraordinary public expense; and will not create nuisances; cause fraud or victimization of the public; or conflict with local laws or ordinances.

(d)

Variances shall be issued only after the board of zoning appeals has determined that the variance will be the minimum required to provide relief from any hardship to the applicant.

(e)

The board of appeals shall notify the applicant for a variance, in writing, that the issuance of a variance to construct a structure below the 100-year flood elevation increases the risks to life and property and will result in increased premium rates for flood insurance.

(f)

A record shall be maintained of the notification described in subsection (e) of this section as well as all variance actions, including justification for the issuance of the variances. Any variances which are issued shall be noted in the annual or biennial report submitted to the Federal Insurance Administrator.

(Code 2003, § 195-134; Ord. of 8-12-2013)

A structure or use of a structure or premises which lawfully existed before the enactment of these provisions, but which is not in conformity with these provisions, may be continued subject to the following conditions:

(1)

Any modifications, alteration, repair, reconstruction, or improvement of any kind to a structure and/or use located in any floodplain district to an extent or amount less than 50 percent of its market value shall be elevated and/or floodproofed to the greatest extent possible.

(2)

The modification, alteration, repair, reconstruction, or improvement of any kind to a structure and/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 if in full compliance with the provisions of the Virginia Uniform Statewide Building Code.

(3)

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

(Code 2003, § 195-135; Ord. of 8-12-2013)