This article is adopted pursuant to the authority granted to localities by of Code of Virginia, § 15.2-2280, as amended. The purpose of the Floodplain Overlay District (F) is to provide mandatory restrictions for FEMA compliance, along with additional standards to restrict impervious surfaces in the floodplain. The intent of the provisions of this article 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.

These provisions shall apply to all privately and publicly owned lands within the jurisdiction of the town and identified as being flood prone.

(a)

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 town.

(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, 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 article does not imply that areas outside the Floodplain Overlay District (F) or land uses permitted within such district will be free from flooding or flood damages.

(c)

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

(d)

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.

(a)

The provisions of this article supersede any regulations in effect in floodplain areas. However, any underlying regulations or restrictions shall remain in full force and effect to the extent that their provisions are more restrictive than the regulations as set forth in this article.

(b)

Wherever any regulation in this article imposes higher or more restrictive standards than are required in any other statute, ordinance, or regulation, the provisions of this article shall govern. Whenever the provisions of any other statute, ordinance, or regulation impose higher or more restrictive standards than are required in this article, the provisions of such other statute, ordinance, or regulation shall govern.

If any section, subsection, paragraph, sentence, clause, or phrase of this article shall be declared invalid for any reason whatever, such decision shall not affect the remaining portions of this article or appendix. The remaining portions shall remain in full force and effect, and for this purpose, the provisions of this article and appendix are hereby declared to be severable.

(a)

Violating, causing, or permitting the violation of, or failure to comply with any of the requirements of, this article by any person, firm, or corporation, whether as principal, agent, owner, lessee, employee, or other similar position, shall be unlawful. Any such violation shall be a misdemeanor punishable, upon conviction, as provided in Code of Virginia, § 15.2-2286.A.5, as amended.

(b)

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 penalty for any violation of, or noncompliance with, the provisions of 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 or noncompliance within a reasonable time. Any structure constructed, reconstructed, enlarged, altered, or relocated in noncompliance with this article may be declared by the town council or its agent to be a public nuisance and abatable as such. Flood insurance may be withheld from structures constructed in violation of this article.

Certain terms and words used in this article shall be defined as set forth below. Where any conflict exists between the definitions below and those set forth in article 11 of this appendix, the definitions of this subsection shall govern for the purposes of the regulations of this article.

Base flood/100-year flood: The flood having a one percent chance of being equaled or exceeded in any given year.

Base flood elevation: The Federal Emergency Management Agency designated 100-year water surface elevation. The water surface elevation of the base flood in relation to the datum specified on the town's Flood Insurance Rate Map. For the purposes of this article, the 100-year flood or one percent annual chance flood.

Basement: Any area of the building having its floor subgrade (below ground level) on all sides.

Beginning of construction or use: For the purpose of zoning requirements, the filing of required documentation with the state agencies or the town such as a building permit application, structural drawings, erosion and sedimentation control plans, or the start of excavation or site preparation work. This shall also include proof of filing documentation with other agencies or utility companies that is required for the development of the site or for the use of the site that has been approved.

Channel: A perceptible natural or artificial waterway which periodically or continuously contains moving water confined to a definite bed and banks.

Conditional letter of map revision (CLOMR): A letter from FEMA commenting on whether a proposed project, if built as proposed, would justify a National Flood Insurance Program (NFIP) map revision to modify the existing regulatory floodway or effective base flood elevation.

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.

Elevated building: A non-basement building built to have the lowest floor elevated above the ground level by means of fill, solid foundation perimeter walls, pilings, or columns (posts and piers).

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.

FEMA: Federal Emergency Management Agency.

Flood or flooding:

(a)

A general or temporary condition of partial or complete inundation of normally dry land areas from:

(1)

The overflow of inland waters; or

(2)

The unusual and rapid accumulation of runoff of surface waters from any source.

(3)

Mudflows which are proximately caused by flooding as defined in subsection (a)(2) 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.

(b)

The collapse or subsistence of land along the shore of a body of water as a result of erosion or undermining caused by 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 by some similarly unusual and unforeseeable event which results in flooding as defined in subsection (a)(1) of this definition.

Flood elevation: A determination by the Federal Insurance Administration of the water surface elevations of the base flood, which is the flood level that has a one percent or greater chance of occurrence in any given year.

Flood Insurance Rate Map (FIRM): An official map of the town, on which the Federal Insurance Administration has delineated both the special hazard areas and the risk premium zones applicable to the town. A FIRM that has been made available digitally is called a Digital Flood Insurance Rate Map (DFIRM).

Flood Insurance Study (FIS): An examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudflow and/or flood-related erosion hazards.

Floodplain or flood-prone area: Any land area susceptible to being inundated by water from any source.

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.

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.

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. When a freeboard is included in the height of a structure, the flood insurance premiums will be significantly less.

Historic structure: For the purpose of this article only, any structure that is:

(a)

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;

(b)

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;

(c)

Individually listed on the Virginia Landmarks Register or determined eligible by the Virginia Department of Historic Resources for such register; or

(d)

Individually listed on the town inventory of historic places or as determined eligible for such inventory by the board of architectural review.

Letter of map revision (LOMR): A letter from FEMA officially revising the current National Flood Insurance Program (NFIP) map to show changes to floodplains, floodways, or flood elevations.

Lowest floor: The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for the 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 this article and as set forth in Federal Code 44 CFR § 60.3.

Manufactured home: See "Dwelling, manufactured home" in article 11 [of this appendix]. 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, but does not include recreational vehicles as defined in this article.

Manufactured home park: A parcel, or contiguous parcels, of land divided into two or more manufactured home lots for rent or sale.

New construction: For the purposes of determining insurance rates, structures for which the start of construction commenced on or after the effective date of the town's initial Flood Insurance Rate Map (FIRM) or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, new construction means structures for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by the town and includes any subsequent improvements to such structures.

Recreational vehicle: A vehicle which is:

(a)

Built on a single chassis;

(b)

400 square feet or less when measured at the largest horizontal projection;

(c)

Designed to be self-propelled or permanently towable by a light duty truck; and

(d)

Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational camping, travel, or seasonal use.

Special flood hazard area or district: The land in the floodplain subject to a one percent or greater chance of being flooded in any given year as determined in section 5-30 [of this appendix].

Start of construction: 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. 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 principal 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.

Structure: For purposes of this article only, a walled and roofed building, including a gas or liquid storage tank, which is principally above ground, as well as a manufactured home.

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.

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 substantial damage regardless of the actual repair work performed. The term does not, however, include either:

(a)

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 ensure safe living conditions; or

(b)

Any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure.

Violation: The failure of a structure or other development to be fully compliant with the town's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in Section 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) of the National Flood Insurance Program regulations is presumed to be in violation until such time as that documentation is provided.

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.

(a)

Basis of floodplain areas. For the purposes of the regulations prescribed in this article, there are hereby created various special flood hazard areas subject to inundation by waters of the 100-year flood. The basis for delineation of, and the boundaries of, the floodway, special floodplain, and approximated floodplain shall be the Flood Insurance Study (FIS) and the Flood Insurance Rate Maps (FIRM) for the Town of Clifton Forge prepared by the Federal Emergency Management Agency, Federal Insurance Administration, dated December 17, 2010, and any subsequent revisions or amendments thereto. A copy of the Flood Insurance Study and accompanying Flood Insurance Rate Maps shall be filed in the offices of the town clerk and Director of Community Development and are hereby declared to be a part of these regulations. The floodplain areas shall consist of the following:

(1)

Floodway. The floodway is delineated, for purposes of the regulations of this article, using the criterion that certain areas within the floodplain must be capable of carrying the waters of the 100-year flood without increasing the water surface elevation of that flood more than one foot at any point. These floodways are specifically defined in Table 6 of the Flood Insurance Study and as shown on the accompanying Flood Insurance Rate Map.

(2)

Special floodplain. The special floodplain shall be that area of the 100-year floodplain not included in the floodway and identified as Zone AE on the Flood Insurance Rate Map accompanying the Flood Insurance Study for which 100-year flood elevations have been provided. The basis for the outermost boundary of the special floodplain shall be the 100-year flood elevations contained in the flood profiles of the Flood Insurance Study and as shown on the accompanying Flood Insurance Rate Map.

(3)

Approximated floodplain. The approximated floodplain 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 identified 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. Where 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 Flood Plain Information Reports and U. S. Geological Survey Flood-Prone Quadrangles, the applicant for the proposed use, development, or activity shall determine this elevation in accordance with hydrologic and hydraulic engineering techniques. When a Zone A area is located between two numbered zones, 100-year flood elevations shall be linearly interpolated between known elevations, along the centerline of the channel. 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, and computations shall be submitted in sufficient detail to allow a thorough review by the town.

(b)

Overlay concept.

(1)

The floodplain areas described in [sub]sections 5-30(a)(1), (2), and (3) [of this section] shall constitute the Floodplain Overlay District (F) and, as such, shall be overlays to the existing underlying zoning districts as shown on the official zoning map. As such, the provisions of the Floodplain Overlay District (F) shall serve as a supplement to the underlying zoning district provisions.

(2)

With any conflict between the provisions or requirements of the Floodplain Overlay District (F) and those of any underlying base zoning district, the more restrictive provisions and/or those pertaining to the Floodplain Overlay District (F) shall apply.

(3)

If any provision concerning the Floodplain Overlay District (F) is declared inapplicable as a result of any legislative or administrative actions or judicial decision, the basic underlying zoning district provisions shall remain applicable.

The delineation of any of the floodplain areas described in section 5-30 [of this appendix] may be revised by the town 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 an individual, documents the need for such change. However, prior to any such change, approval shall be obtained from the Federal Insurance Administration.

Interpretations of the boundaries of the floodplain areas described in section 5-30(a)(1), (2), and (3) [of this appendix] shall be made by the zoning administrator. Should a dispute arise concerning the boundaries of any of these areas, the board of zoning appeals shall make the necessary determination. The person questioning or contesting the location of the 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.

The town'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, the town 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 floodplain management requirements will be based upon current data.

(a)

Permit requirement. All uses, activities, and development occurring within any floodplain area shall be undertaken only upon the issuance of a zoning permit by the zoning administrator. Such development shall be undertaken only in strict compliance with the provisions of this article and with all other applicable codes and ordinances, as amended, such as the Building Code and the town's subdivision regulations. The zoning administrator shall monitor all applications for building permits within the Floodplain Overlay District (F) to ensure compliance with this article. Prior to the issuance of any such permit, the Director of Community Development shall require all applications to include compliance with all applicable state and federal laws and shall review all sites to ensure they are reasonably safe from flooding. 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.

(b)

Alteration or relocation of watercourse.

(1)

Prior to any proposed alteration or relocation of any channel within a regulatory floodplain within the town, 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, notification of the proposal shall be given by the applicant to all affected adjacent jurisdictions, the Dam Safety and Floodplain Management Division of the Virginia Department of Conservation and Recreation, and the Federal Insurance Administrator. If the channel to be altered or relocated contains a regulatory floodplain, a conditional letter of map revision shall be secured from FEMA, prior to construction.

(2)

The flood-carrying capacity within an altered or relocated portion of any watercourse shall be maintained.

(c)

Zoning permits. All applications for zoning permits for structures in the floodplain as defined for purposes of this article shall include a standard FEMA elevation certificate completed by a licensed surveyor or engineer. For all such permits, all applications shall incorporate, and the zoning administrator shall maintain a record of, the following information:

(1)

The elevation of the 100-year flood;

(2)

Topographic information showing existing and proposed ground elevation;

(3)

For structures to be elevated, the elevation (in relation to mean sea level) of the lowest floor (including basement) of any proposed new or substantially improved structures;

(4)

For non-residential structures to be flood-proofed, the elevation (in relation to mean sea level) to which the structure will be flood-proofed;

(5)

Where a non-residential structure is intended to be made watertight below the base flood level, a registered professional engineer or architect shall develop and review structural design, specifications, and plans for the construction, and shall certify that the design and methods of construction are in accordance with accepted standards of practice for meeting the applicable provisions of the Virginia Uniform Statewide Building Code; and

(6)

Prior to the issuance of a certificate of occupancy, an elevation certificate of the as-built construction.

The following provisions shall apply to all permits issued in any floodplain area of the Floodplain Overlay District:

(a)

New construction and substantial improvements shall be 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 ductwork, 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 systems and discharges from the systems into flood waters.

(g)

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

In addition to other applicable regulations of this article, the following provisions shall apply specifically within the floodway, as described in section 5-30(a)(1) [of this appendix]:

(a)

Encroachments. Encroachments, including fill, new construction, substantial improvements, and other development, shall be prohibited unless certification such as hydrologic and hydraulic analyses (with supporting technical data) is provided demonstrating that the proposed encroachment shall not result in any increase in flood levels during occurrence of the base flood. 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, and computations shall be submitted in sufficient detail to allow a thorough review by the Director of Community Development or any authorized employee of the town.

(b)

Increase of base flood elevation. Development activities which increase the water surface elevation of the base flood may be allowed, provided that the applicant first applies, with the town's endorsement, for a conditional letter of map revision, and receives the approval of the Federal Emergency Management Agency.

(c)

Flood hazard reduction. Any new construction and substantial improvements as may be permitted within the floodway by this article shall comply with all applicable flood hazard reduction provisions of this article.

(d)

Manufactured homes. The placement of manufactured homes or mobile homes shall be prohibited.

In the special floodplain, as described in section 5-30(a)(2) [of this appendix], the development or use of land shall be permitted in accordance with the regulations of the underlying base zoning district, provided that all such uses, activities, or development shall be undertaken in strict compliance with the other applicable regulations of this article and the flood-proofing and related provisions contained in the Virginia Uniform Statewide Building Code and all other applicable codes and ordinances, and provided further that:

(a)

Increase of base flood elevation. Until a regulatory floodway is designated, no new construction, substantial improvements, or other development, including fill, shall be permitted within the areas of the special floodplain designated as Zone AE on the Flood Insurance Rate Map, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the town.

(b)

Conditional letter of map revision (CLOMR). Development activities in Zone AE as designated on the Flood Insurance Rate Map, which increase the water surface elevation of the base flood by more than one foot, may be allowed, provided that the developer or applicant first applies, with the town's endorsement, for a conditional letter of map revision and receives the approval of the Federal Emergency Management Agency.

(c)

Flood-proofing and lowest floor. In the special floodplain, the development or use of land shall be permitted in accordance with the regulations of the underlying base zoning district, provided that all such uses, activities, or development shall be undertaken in strict compliance with the flood-proofing and related provisions contained in the Virginia Uniform Statewide Building Code and all other applicable codes and ordinances; and provided further that the lowest floor of any structure shall be elevated above the base flood elevation as set forth in subsections (c)(1) and (2) of this section.

(1)

Residential construction. New construction or substantial improvement of any residential structures, including manufactured homes, shall have the lowest floor, including basement, elevated to or above the determined base flood elevation.

(2)

Non-residential construction. New construction or substantial improvements of any commercial, industrial, or non-residential building, or manufactured home, shall have the lowest floor, including basements, elevated to one foot above the determined base flood elevation. Buildings located in zone AE may be flood-proofed in lieu of being elevated provided that all areas of the building components below the base flood elevation plus one foot are watertight with walls substantially impermeable to the passage of water, and use structural components having the capability of resisting hydrostatic and hydrodynamic loads and the 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 flood-proofed, shall be maintained by the director of community development and shall be stated on the building permit.

(d)

Elevated buildings. Fully enclosed areas of new construction or substantial improvements of structures that have areas below the established base flood elevation shall:

(1)

Not be designed or used for human habitation, but shall be used only for parking of vehicles, building access, or limited storage of maintenance equipment used in connection with the premises. Access to the enclosed areas shall be the minimum necessary to allow for the 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; and

(3)

Include, in structures located in zones A or AE, measures to automatically equalize hydrostatic flood forces on walls by allowing for the entry and exit of floodwaters. To meet this requirement, the openings shall 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 shall be at least one square inch for each square foot of enclosed area subject to flooding;

(C)

If a building has more than one enclosed area, each area shall have openings to allow floodwaters to automatically enter and exit;

(D)

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

(E)

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

(F)

Foundation enclosures made of flexible skirting shall not be considered enclosures for regulatory purposes and, therefore, do not require openings. Masonry or wood underpinning, regardless of structural status, shall be considered an enclosure and shall require openings as outlined above.

(e)

Manufactured homes and recreational vehicles.

(1)

All manufactured homes or mobile homes to be placed or substantially improved within the special floodplain area, as described in section 5-30(a)(2) [of this appendix], shall be placed on a permanent foundation and anchored in accordance with the Virginia Uniform Statewide Building Code.

(2)

All recreational vehicles placed on sites shall either:

(A)

Be on the site fewer than 180 consecutive days, be fully licensed, and be 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 permit requirements for placement and the elevation and anchoring requirements for manufactured homes as set forth in the Virginia Uniform Statewide Building Code.

In the approximated floodplain, as described in section 5-30(a)(3) [of this appendix], the development or use of land shall be permitted in accordance with the regulations of the underlying base zoning district, provided that all such uses, activities, or development shall be undertaken in strict compliance with the other applicable regulations of this article and the flood-proofing and related provisions contained in the Virginia Uniform Statewide Building Code and all other applicable codes and ordinances, and provided further that:

Pursuant to section 5-30(a)(3) [of this appendix], the director of community development or any authorized employee of the Town of Clifton Forge reserves the right to require a hydrologic and hydraulic analyses for any development in the approximated floodplain. 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 flood-proofing requirements for elevated structures as set forth in section 5-43(c) and (d) [of this appendix].

The following uses shall be permitted as of right in the floodway to the extent that they are otherwise permitted in the underlying base zoning district and are not prohibited by any other ordinance, and provided they do not employ structures, fill, or storage of materials and equipment within the floodway which may cause any increase in 100-year flood height and velocity:

(a)

Agricultural operations, such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming, and wild crop harvesting;

(b)

Public and private recreational uses such as parks, picnic grounds, golf courses, boat launching or swimming areas, hiking or horseback riding trails, wildlife and nature preserves, fishing areas, and trap and skeet game ranges;

(c)

Botanical gardens; and

(d)

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

The following uses shall be permitted in the floodway by conditional use permit granted by the town council, pursuant to the procedures set forth in article 9, division 6 [of this appendix], provided such uses are permitted in the underlying base zoning district:

(a)

Structures accessory to the uses set forth in section 5-50 [of this appendix];

(b)

Utilities distribution: gas/electric compressor station or substation, or water pump/lift station;

(c)

Sewage treatment facility or water treatment facility;

(d)

Quarry and mining operations, including excavation of sand, gravel, or clay, provided no increase in the level of flooding or velocity is caused; and

(e)

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, or can be readily removed from the area within the time available after flood warning.

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 and regulations of this article and to minimize flood damage.

The owner or developer of any proposed subdivision or other new development within a floodplain district shall include the following information on the subdivision plat or site plan:

(a)

The name of the engineer, surveyor or other qualified person responsible for providing the information required by this article;

(b)

The location of the proposed subdivision or new development with respect to the town's flood-prone 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 and other proposed development proposals, including manufactured home parks and subdivisions, that exceed five acres or 50 lots, shall include base flood elevation data;

(c)

Where the subdivision or other new development lie partially or completely in the flood-prone 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 show contours at intervals of two or five feet, depending upon the slope of the land, and shall identify accurately the boundaries of the flood-prone areas; and

(d)

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

All subdivision proposals or other new development within a floodplain area, as established in section 5-30 [of this appendix], shall meet the following design criteria for public utilities and facilities:

(a)

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.

(b)

Water facilities. All new or replacement potable 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.

(c)

Drainage facilities. A detail erosion and sedimentation and/or storm water management plan shall be submitted to the town 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 systems shall ensure drainage away from buildings and on-site waste disposal sites. Drainage plans shall be consistent with local and regional drainage plans. The facilities shall be designed to prevent the discharge of excess runoff onto adjacent properties.

(d)

Utilities. All other utilities, such as gas lines and electrical, telephone, and cable television systems, being placed in flood-prone areas shall be located, elevated (where possible), and constructed to minimize the chance of impairment during a flood occurrence.

(e)

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.

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

(a)

Existing structures and uses located in the floodway district shall not be expanded or enlarged, unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practices that the proposed expansion or enlargement would not result in any increase in the base flood elevation.

(b)

For the purpose of this article, any modifications, alterations, repairs, reconstructions, or improvements of any kind to a structure or use located in any floodplain area to an extent or amount of less than 50 percent of its market value shall be elevated or flood-proofed in accordance with the Virginia Uniform Statewide Building Code to the greatest extent possible.

(c)

For the purpose of this article, the modification, alteration, repair, reconstruction, or improvement of any kind to a structure or use located in a floodplain, to an extent or amount of 50 percent or more of its market value, shall be undertaken only in full compliance with the provisions of this article and shall require the entire structure to conform to the Virginia Uniform Statewide Building Code.

(a)

When an application for a variance from the regulations of this article has been made, the procedure for processing the variance request shall be as set forth in section 9-70 [of this appendix].

(b)

In considering an application for a variance from the terms of this article, the board of zoning appeals shall satisfy all standards and findings set forth in section 9-70(d) and (f)(5) [of this appendix] and shall consider the following additional factors:

(1)

The danger to life and property due to increased flood heights or velocities caused by encroachment. No variance shall be granted for any proposed use, development, or activity within any floodway that will cause any increase in the 100-year flood elevation without approval of a conditional letter of map revision (CLOMR);

(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 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 town's 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 a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure; and

(13)

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

(c)

Variances shall comply with the requirements of the Virginia Uniform Statewide Building Code.

(d)

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 protection and other related matters.

(e)

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

(f)

The board of zoning appeals shall notify the applicant for a variance, in writing and signed by the zoning administrator, within ten business days of the public hearing, 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.

(g)

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

All applications for a variance in any floodway, as defined herein, shall include the following:

(a)

Plans in triplicate, drawn to scale not less than one inch to 100 feet horizontally, showing the location, dimensions, and contours (at two-foot intervals) of the lot, existing and proposed structures, fill, storage areas, water supply, sanitary facilities, and relationship of the floodway to the proposal;

(b)

A typical valley cross-section as necessary to adequately show the channel of the stream, elevation of land areas adjoining each side of the channel, cross-sectional areas to be occupied by the proposed development, floodway limits, and 100-year flood elevation;

(c)

A profile showing the slope of the bottom of the channel or flow line of the stream;

(d)

A summary report, prepared by professional engineers or others of demonstrated qualifications, evaluating the proposed project in relation to flood heights and velocities, the seriousness of flood damage to the use, and other pertinent technical matters;

(e)

A list of names, addresses, and official tax numbers of adjoining property owners and owners of property within 300 feet of the subject property; and

(f)

A conditional letter of map revision (CLOMR) prior to the issuance of any such variance in the floodway.

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 5-13 [of this appendix].