Carroll County, VA Chapter 126 Flood Hazard Reduction

[HISTORY: Adopted by the Board of Supervisors of Carroll County 7-14-2008. Amendments noted where applicable.]

GENERAL REFERENCES

Erosion and sediment control — See Ch. 120.

Sewers — See Ch. 190.

Subdivision of land — See Ch. 216.

Water — See Ch. 235.

§ 126-1 Purpose; applicability.

A. Purpose. The purpose of this chapter is to prevent the loss of property and life, the creation of health and safety hazards, the disruption of commerce and governmental services, the extraordinary and unnecessary expenditure of public funds for flood protection and relief, and the impairment of the tax base by:

(1) Regulating uses, activities, and development which, acting alone or in combination with other existing or future uses, activities and development, will cause unacceptable increases in flood heights, velocities and frequencies;

(2) Restricting or prohibiting certain uses, activities and development from locating within areas subject to flooding;

(3) Requiring all such uses, activities and development that do occur in flood-prone areas to be protected and/or floodproofed against flooding and flood damage; and

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

B. Applicability. The provisions of this chapter shall apply to all lands within the unincorporated jurisdiction of the County and identified as being within the one-hundred-year floodplain by the Federal Insurance Administration.

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

§ 126-2 Word usage; definitions.

A. For the purpose of this chapter, certain words and terms used herein shall be interpreted or defined as follows: Words used in the present tense shall include the future; words in the singular number include the plural number, unless the natural construction of the word indicates otherwise; the word "shall" is mandatory and directory; the word "may" is discretionary; words in the masculine gender include words in the feminine and neuter genders; and references to this chapter include all ordinances amending or supplementing this chapter.

[Amended 11-14-2013]

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

AGENT

The individual charged with the responsibility to administer and enforce this chapter and to perform the duties outlined in this chapter.

BASE 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 one-hundred-year floodwater surface elevation.

BASEMENT

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

BREAKAWAY WALL

A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system.

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 BUILDINGS

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

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.

EXISTING MANUFACTURED HOME PARK OR SUBDIVISION

A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the initial floodplain management regulations adopted by the County.

EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION

The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or pouring of concrete pads).

FLOOD or FLOODING

(1) A general or temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal water or the unusual and rapid accumulation or runoff of surface waters from any source.

(2) The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by and unanticipated force of nature such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in Subsection (1) of this definition.

FLOODPLAIN or FLOOD-PRONE AREA

Any land area susceptible to being flooded by water from any source.

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 a designated height.

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.

HISTORIC STRUCTURE

Any structure that is:

(1) Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

(2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

(3) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or

(4) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program as determined by the Secretary of the Interior or directly by the Secretary of the Interior in states without approved programs.

LOWEST FLOOR

The lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of Federal Code 44 CFR 60.3.

MANUFACTURED HOME

A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes, the term "manufactured home" also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days.

MANUFACTURED HOME PARK OR SUBDIVISION

A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for sale or rent.

NEW CONSTRUCTION

For the purposes of determining insurance rates, structures for which the start of construction commenced on or after the effective date of an initial Flood Insurance Rate Map or on or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, "new construction" means structures for which the start of construction commenced on or after the effective date of the initial floodplain management regulation adopted by the County and includes any subsequent improvements to such structures.

NEW MANUFACTURED HOME PARK OR SUBDIVISION

A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of this chapter.

ONE-HUNDRED-YEAR FLOOD

A flood that, on the average, is likely to occur once every 100 years, i.e., has a one-percent chance of occurring in any given year, although the flood may actually occur in any year.

PLANNING COMMISSION

The Carroll County Planning Commission.

RECREATIONAL VEHICLES

A vehicle which is:

(1) Built on a single chassis;

(2) Four hundred 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.

SHALLOW FLOODING AREA

A special flood hazard with base flood depths from one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

SPECIAL FLOOD HAZARD AREA

The land in the floodplain subject to a one-percent or greater chance of being flooded in any given year.

START OF CONSTRUCTION

The date the building permit was issued, provided that actual start of construction, repair, reconstruction, rehabilitation, addition, placement, substantial improvement or other improvement was within 180 days of the permit date. The "actual start" means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation, or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling, nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the "actual start of the construction" means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

STRUCTURE

(1) For floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home.

(2) For insurance purposes:

(a) A walled and roofed building, other than a gas or liquid storage tank, that is principally above ground and affixed to a permanent site, as well as a manufactured home on a permanent foundation. For insurance purposes, the term includes a building while in the course of construction, alteration or repair, but does not include building materials or supplies intended for use in such construction, alteration or repair, unless such materials or supplies are within an enclosed building on the premises;

(b) A manufactured home. A "manufactured home," also known as a "mobile home," is a structure built on a permanent chassis, transported to its site in one or more sections, and affixed to a permanent foundation; or

(c) A travel trailer without wheels built on a chassis and affixed to a permanent foundation that is regulated under the community's floodplain management and building ordinance or laws.

(3) For the latter purpose, "structure" does not mean a recreational vehicle or a park trailer or other similar vehicle, except as described in Subsection (2)(c) of this definition, or a gas or liquid storage tank.

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% 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% 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:

(1) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living; or

(2) Any alteration of an historic structure, provided that the alteration will not preclude the structure’s continued designation as an historic structure.

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.

§ 126-3 Compliance; liability; severability; violations and penalties; agent.

A. Compliance and liability.

(1) Compliance with chapter. After the effective date of the ordinance from which this chapter is derived, no land shall be developed, and no structure shall be located, relocated, enlarged, or structurally altered, except in full compliance with the terms and provisions of this chapter and of any other applicable ordinances and regulations which apply to uses within the jurisdiction of this chapter.

(2) Liability of County. This chapter shall not create liability on the part of the County or of any officer or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made under this chapter.

B. Abrogation and greater restrictions. This chapter supersedes any ordinance currently in effect in flood-prone areas. However, any underlying ordinance shall remain in full force and effect to the extent that its provisions are more restrictive than this chapter.

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

D. Violations.

(1) Misdemeanor. A violation of any provision of this chapter or of any lawful order or direction of the agent or any other authorized employee of the County given pursuant to this chapter shall continue a Class 1 misdemeanor.

(2) Other remedies. In addition to the penalties in Subsection D(1) of this section, all other actions are hereby reserved, including an action in equity for the proper enforcement of this chapter. The imposition of a fine or penalty for any violation of, or noncompliance with, this chapter shall not excuse the violation or noncompliance or permit it to continue, and the person responsible therefor shall be required to correct or remedy such violation or noncompliance within a reasonable time. Any structure constructed, reconstructed, enlarged, altered or relocated in noncompliance with this chapter may be declared by the Board of Supervisors to be a public nuisance and abatable as such. Flood insurance may be withheld from structures constructed in violation of this chapter.

E. Agent.

(1) Agent designated. The County Administrator is hereby designated as the agent for purposes of this chapter.

(2) Agent may delegate. The agent may request assistance from any department, agency, or staff member of the County in performing the duties assigned by this chapter and may delegate to them such tasks as the agent deems reasonable to ensure the orderly and timely administration of this chapter. The agent shall in all cases retain final authority in matters granted by this chapter.

§ 126-4 Floodplain districts.

A. Basis of Districts, one-hundred-year floodplain. The various floodplain districts referenced in this section include areas subject to inundation by waters of the one-hundred-year flood. The basis for the delineation of such districts shall be the Flood Insurance Rate Maps (FIRMs) for Carroll County, prepared by the Federal Emergency Management Agency, Federal Insurance Administration, dated August 28, 2008, as amended, in which the boundaries of the floodplain districts are shown on the Flood Insurance Rate Maps which are declared to be part of this chapter and shall be kept on file at the office of the County Administrator.

B. Floodway District. The Floodway District is delineated, for purposes of this chapter, using the criteria that certain areas within the one-hundred-year floodplain must be capable of carrying the waters of the one-hundred-year flood without increasing the water surface elevation of such flood more than one foot at any point. The areas included in this delineation are specially defined in Table 01P on Map No. 51035C0245. Profiles and "Summary of Discharges" table are included on this map panel. No FEMA Flood Insurance Study (FIS) was prepared for Carroll County.

C. Special Floodplain District. The Special Floodplain District shall be those areas identified as an AE Zone on the maps accompanying the Flood Insurance Study for which one-hundred-year-flood elevations have been provided.

D. Approximated Floodplain District. The Approximated Floodplain District shall be that floodplain area for which no detailed flood profiles or elevations are provided, but where a one-hundred-year floodplain boundary has been approximated. Such areas are shown on the Flood Insurance Rate Map and identified as an A or an A99 Zone.

E. Shallow Flooding District. The Shallow Flooding District shall be those areas identified as Zone AO or AH on the maps accompanying the Flood Insurance Study.

F. Map of floodplain boundaries. The boundaries of the special flood hazard area and the floodplain districts are established as shown on the Flood Boundary and Floodway Map and/or Flood Insurance Rate Map, which is hereby declared to be a part of this chapter. An accurate copy of the map shall be kept on file at the agent's office.

G. District boundary changes. The delineation of any of the floodplain districts may be changed by the Board of Supervisors where natural or man-made changes have occurred and/or where more detailed studies have been conducted or undertaken by the United States Army Corps of Engineers or by another qualified agency or individual. Such studies shall document the need for such change. Prior to any such change, approval must be obtained from the Federal Insurance Administration.

H. Interpretation of district boundaries. Initial interpretations of the boundaries of the floodplain districts shall be made by the agent. Should a dispute arise concerning the boundaries of any of the districts, the Planning Commission shall recommend, and the Board of Supervisors shall make, the necessary determination. The person questioning or contesting the location of the district boundary shall be given a reasonable opportunity to present his case in a hearing before the Planning Commission and the Board of Supervisors and to submit appropriate technical evidence if so desired. The procedure for such hearing shall be the same as that specified for the hearing of exceptions under this chapter.

§ 126-5 Development and use requirements.

A. Floodplain permit required. All uses, activities and development occurring within any floodplain district shall be undertaken only upon the issuance of a floodplain permit.

(1) Criteria for permit. Such permit shall be issued by the agent only upon demonstration that the applicant plans to proceed in strict compliance with the provisions of this chapter and with all other applicable codes and ordinances, such as the Virginia Statewide Uniform Building Code and Chapter 216 of this Code. Prior to the issuance of any such permit, the agent shall require all applications to include evidence of compliance with all applicable state and federal laws.

(2) Information required. All applications for floodplain permits in the floodplain districts shall require the following information to be submitted to the agent:

(a) The elevation of the lowest floor (including basement). For structures that have been elevated, the elevation of the lowest floor (including basement) shall include a two-foot (twenty-four-inch) freeboard elevation above the base flood elevation;

(b) For structures to be floodproofed, or that have been floodproofed (nonresidential only), the elevation to which the structure has been floodproofed. Such floodproofing shall render the building components below the elevation corresponding to the base flood elevation, plus two feet above, watertight with walls substantially impermeable to the passage of water, and use structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A registered professional engineer or architect shall certify that the standards of this subsection are satisfied;

(c) The elevation of the base flood at the site;

(d) Topographic information showing existing and proposed ground elevations.

(3) Issuance of permit. Upon demonstration by the applicant that the criteria of this chapter have been complied with, the agent shall issue a floodplain permit. Such permit shall authorize only the specific activities stated in the application for the permit. Any modifications or additions to the permitted activity shall require issuance of a new floodplain permit under the provisions of this chapter.

(4) Time limit for floodplain permits if no development activity authorized by the floodplain permits. If no development activity authorized by the floodplain permit has been commenced within one year from the date of issuance of the permit, such permit shall thereupon be rendered void.

B. Other permits.

(1) State and federal approval required. Prior to any proposed alteration or relocation of any channels or of any watercourse, stream, or the like within the County, approval shall be obtained from the Division of Dam Safety and Floodplain Management (Department of Conservation and Recreation) and the Federal Insurance Administration.

(2) Additional permits may be required. A permit from the United States Army Corps of Engineers and the Marine Resources Commission and certification from the Virginia Department of Environmental Quality may be necessary (a joint permit application is available from any one of these organizations).

(3) Local permits may be required. In addition to the floodplain permit, any applicable additional permit (e.g., a building permit) required by the County shall be obtained prior to commencement of work.

C. Notification of other parties. Further notification of the proposal shall be provided by the property owner or developer to all affected adjacent jurisdictions. Copies of such notifications shall be provided to the Division of Dam Safety and Floodplain Management (Department of Conservation and Recreation) and Federal Insurance Administration.

D. Watercourse carrying capacity not to be impaired. Under no circumstances shall any use, activity or development in a floodplain district adversely affect the capacity of the channels or floodways of any watercourse, drainage ditch or any other drainage facility or system.

E. Manufactured home placement.

(1) When new construction standards applicable. For special flood hazard areas, each and every manufactured home placed, or substantially improved, on individual lots or parcels, in expansions to existing manufactured home parks or subdivisions, in a new manufactured home park or subdivision or in an existing manufactured home park or subdivision on which a manufactured home has incurred substantial damage as the result of a flood, must meet all the requirements for new construction, including the elevation and anchoring requirements in §§ 126-6 and 126-7 of this chapter, as well as any and all applicable regulations currently in effect or hereafter adopted regulating the use, placement or construction of manufactured homes.

(2) Existing manufactured home parks. In addition to the requirements of any and all applicable regulations currently in effect or hereafter adopted regulating the use, placement or construction of manufactured homes, all manufactured homes placed or substantially improved in an existing manufactured home park or subdivision in which a manufactured home has not incurred substantial damage as the result of a flood shall be elevated so that either the lowest floor of the manufactured home is elevated no lower than two feet above the base flood elevation or the manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and shall be securely anchored to the adequately anchored foundation system to resist flotation, collapse and lateral movement.

(3) Foundation and anchoring required. All manufactured homes to be placed or substantially improved within any floodplain districts shall be placed on a permanent foundation and elevated and anchored in accordance with the Virginia Uniform Statewide Building Code to prevent collapse, flotation or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This standard shall be in addition to and consistent with applicable state requirements for resisting wind forces.

(4) Manufactured home prohibited in floodways. The placement of any manufactured home within any floodway district is specifically prohibited, except in an existing manufactured home park or subdivision. This section shall not be deemed to require the removal of any such manufactured home lawfully constructed or located thereon prior to the enactment of this chapter. A replacement manufactured home may be placed on a lot in an existing manufactured home park or subdivision, provided the anchoring, elevation, and encroachment standards are met.

F. Recreational vehicles. Recreational vehicles shall either be on site for fewer than 180 consecutive days, be fully licensed and ready for highway use, or meet the permit requirement for placement and the elevation and anchoring requirements for manufactured homes as stated above. A replacement vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick-disconnect-type utilities and security devices and has no permanently attached additions.

G. Floodway District development. In the Floodway District, no development shall be permitted except where the effect of such development on flood heights is fully offset by accompanying improvements which have been approved by all appropriate authorities. Encroachments, including fill, new construction, substantial improvements, and other developments are prohibited unless certification (with supporting technical data) by a registered professional engineer is provided demonstrating that encroachments shall not result in any increase in flood levels during occurrence of the base flood. Development activities which increase the water surface elevation of the base flood may be allowed, provided that the applicant first applies, with the County's endorsement, for a conditional Flood Insurance Rate Map and floodway revision and receives the approval of the Federal Emergency Management Agency. All new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this chapter and the applicable provisions of the Virginia Uniform Statewide Building Code.

H. Special Floodplain District development. Until a regulatory floodway is designated, no new construction, substantial improvements, or other development (including fill) shall be permitted within the areas of special flood hazard (Zones A1-30 and AE) on the Flood Insurance Rate Map, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the County. Development activities in Zones A1-30 and AE which increase the water surface elevation of the base flood may be allowed, provided that the applicant applies, with the County's endorsement, for a conditional Flood Insurance Rate Map and floodway revision, and receives the approval of the Federal Emergency Management Agency.

I. Approximated Floodplain District development. In the Approximated Floodplain District, the development and/or use of land shall be permitted in accordance with the provisions of this chapter, provided that all such uses, activities, and/or development shall be undertaken in strict compliance with floodproofing and related provisions contained in the Virginia Uniform Statewide Building Code and all other applicable codes and ordinances.

(1) Applicant to delineate floodway. Within the Approximated Floodplain District, the applicant shall also delineate a floodway area based on the requirement that all existing and anticipated future development not increase the one-hundred-year-flood elevation more than one foot at any given point within the County. The engineering principle "equal reduction of conveyance" shall be used to make the determination of increased flood heights.

(2) Approximated floodway area development. Within the floodway area delineated by the applicant, no development shall be permitted except where the effect of such development on flood heights is fully offset by accompanying improvements which have been approved by all appropriate authorities.

(3) When base flood elevation data or floodway data have not been provided, the agent shall, in administering the provisions of this chapter, obtain and reasonably utilize any base flood elevation and floodway data available from a federal, state, or any other reliable source. When such base flood elevation data is utilized, the agent shall obtain the elevation (in relation to the mean sea level) of the lowest floor (including the basement) of all new and substantially improved structures and, if the structure has been floodproofed in accordance with the requirements of this chapter, the elevation in relation to mean sea level to which the structure has been floodproofed. When the data is not available from any such source, the lowest floor of the structure shall be elevated to no lower than two feet above the highest adjacent grade.

J. Shallow Flooding District development. The following provisions shall apply within the Shallow Flooding District:

(1) All new construction and substantial improvements of residential structures shall have the lowest floor, including basement, elevated to or above the flood depth specified on the Flood Insurance Rate Map, above the highest adjacent grade. If no flood depth number is specified, the lowest floor, including basement, shall be elevated to no less than two feet above the highest adjacent grade or, together with attendant utility and sanitary facilities, be completely floodproofed to the specified flood level so that any space below that level is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. Adequate drainage paths around structures on slopes shall be provided to guide floodwaters around and away from proposed structures.

K. Standards for subdivision proposals:

(1) All subdivision proposals shall be consistent with the need to minimize flood damage;

(2) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage;

(3) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards; and

(4) Base flood elevation data shall be provided for subdivision proposals and other proposals for development (including manufactured home parks and subdivisions) that exceed 50 lots or five acres, whichever is the lesser.

§ 126-6 Construction and design standards.

A. Compliance with Statewide Building Code. New construction and substantial improvements shall be according to the Virginia Uniform Statewide Building Code and anchored to prevent flotation, collapse or lateral movement of the structure. Such new construction or substantial improvements shall be constructed with materials and utility equipment resistant to flood damage and shall utilize construction methods and practices that minimize flood damage.

B. Sanitary sewer facilities. All new or replacement sanitary sewer facilities and private package sewage treatment plants (including all pumping stations and collector systems) in any floodplain district shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into the floodwaters. In addition, all such facilities, including on-site waste disposal systems, shall be located and constructed to minimize or eliminate flood damage, contamination and impairment during flooding.

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

D. Drainage facilities. All storm drainage facilities in any floodplain district shall be designed to convey the flow of surface waters away from buildings and on-site waste disposal sites. The Board of Supervisors may require a primarily underground system to accommodate frequent floods and a secondary surface system to accommodate larger, less frequent floods. Drainage plans shall be consistent with any local and regional drainage plans. The facilities shall be designed to prevent the discharge of excess runoff onto adjacent properties.

E. Utilities. All electrical, heating, ventilation, plumbing, and air-conditioning equipment and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

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

G. Compliance with standards for new construction. Any alteration, repair, reconstruction or improvements to a building that is in compliance with the provisions of this chapter must meet the requirements of new construction as contained in this chapter. Any alteration, repair, reconstruction or improvements to a building that is not in compliance with the provisions of this chapter shall be undertaken only if said nonconformity is not furthered, extended or replaced.

§ 126-7 Elevation and floodproofing standards.

In all special flood hazard areas where base flood elevations have been provided in the Flood Insurance Study or generated according to § 126-5G of this chapter, the following provisions shall apply:

A. Residential construction. New construction or substantial improvement of any residential structure (including manufactured homes) shall have the lowest floor, including basement, elevated no lower than two feet above the base flood elevation.

B. Nonresidential construction. New construction or substantial improvement of any commercial, industrial, or nonresidential building (or manufactured home) shall have the lowest floor, including basement, elevated to no lower than two feet above the base flood elevation. Buildings located in all A1-30, AE, and AH Zones may be floodproofed in lieu of being elevated, provided that all areas of the building components below the elevation corresponding to the base flood elevation, plus two feet, are watertight, with walls substantially impermeable to the passage of water, and use structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. A registered professional engineer or architect shall certify that the standards of this subsection are satisfied.

C. Elevated buildings. Enclosed areas of new construction or substantially improved structures which are below the regulatory flood-protection elevation shall:

(1) Not be designed or used for human habitation, but shall only be used for parking of vehicles, building access, or limited storage of maintenance equipment used in connection with the premises. Access to the enclosed area shall be the minimum necessary to allow for parking of vehicles (garage door) or limited storage of maintenance equipment (standard exterior door) or entry to the living area (stairway or elevator). The interior portion of such enclosed area shall not be partitioned or finished into separate rooms, except to an enclosed storage area;

(2) Be constructed entirely of flood-resistant materials below the regulatory flood protection elevation;[1]

[1] Editor's Note: Original Subsection C(3), pertaining to the Coastal High Hazard District, which immediately followed this subsection, was repealed 11-14-2013.

(3) Include, in Zones A, AO, AE, and A1-30, measures to automatically equalize hydrostatic flood forces in walls by allowing for the entry and exit of floodwaters. To meet this requirement, the openings must be either be certified by a professional engineer or architect or meet the following minimum design criteria:

(a) Provide a minimum of two openings on different sides of each enclosed area subject to flooding.

(b) The total net area of all openings must be at least one square inch for each square foot of enclosed area subject to flooding.

(c) If a building has more than one enclosed area, each area must have openings to allow floodwaters to automatically enter and exit.

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

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

(f) Foundation enclosures made of flexible skirting are not considered enclosures for regulatory purposes and, therefore, do not require openings. Masonry or wood underpinning, regardless of structural status, is considered an enclosure and requires openings as outlined above.

§ 126-8 Appeals; exceptions.

A. Right of appeal or exception. Whenever any person is aggrieved by a decision of the agent with respect to the provisions of this chapter, it shall be the right of that person to appeal to the Planning Commission and the Board. The Planning Commission shall hear such appeal and recommend action to the Board of Supervisors, and the Board of Supervisors shall hear and finally decide such appeal.

[Amended 11-14-2013]

B. Procedure for exceptions.

(1) Applicant to file appeal. Such appeal shall be filed, in writing, within 30 days after the determination by the agent.

(2) Joint hearing may be held. If all parties to the appeal assent, a joint meeting with both the Planning Commission and the Board of Supervisors may be held to hear the appeal. If one or more parties fail to give such assent, or if the Board of Supervisors and/or Planning Commission fails to agree upon a joint hearing, the separate hearing procedure outlined in Subsection B(3) of this section shall be observed. If a joint meeting is held, the following procedure shall be observed:

(a) Joint hearing procedure. The Board of Supervisors shall set a time and place for the purpose of hearing the appeal jointly with the Planning Commission. Such joint hearing shall not be less than 10 nor more than 65 days from the date of the agent's receipt of the appeal. Notice of the time and place of the hearing shall be given to all parties. Such hearing shall be public, and the appellant, the appellant's representative, the agent, and any other person whose interest may be affected by the matter on appeal shall be given an opportunity to be heard.

(b) Joint hearing decisions. Following the close of the joint hearing, the Planning Commission shall vote to recommend that the Board of Supervisors approve, approve with specified conditions, or disapprove the exception. Such recommendation may be written or oral. Upon receipt of such recommendation, the Board of Supervisors shall vote to approve with conditions or disapprove the exception as it judges proper according to the criteria outlined in Subsection C of this section. Such decision by the Board of Supervisors shall be written, as provided in this section. Copies of such decision shall be provided to the agent and to the appellant and to other interested parties to the appeal.

[Amended 11-14-2013]

(c) Timing of joint hearing decisions. The Planning Commission's recommendation and the Board of Supervisors' decision shall both be rendered during the same meeting at which the hearing is held, unless either body votes to delay a decision. If either body votes, not more than 65 days shall elapse before decisions shall be rendered by both the Planning Commission and the Board of Supervisors. Variances may be issued for the repair and rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure.

(3) Separate hearings may be held. If the above conditions for a joint hearing are not met, the following procedure for separate hearings shall be observed:

(a) Planning Commission to hear appeal. Upon receipt of the appeal, the Planning Commission shall set a time and place for the purpose of hearing the appeal, which shall be not less than 10 nor more than 35 days from the date of the agent's receipt of the appeal. Notice of the time and place of the hearing shall be given to all parties. Such hearing shall be public, and the appellant, the appellant's representative, the agent, and any other person whose interest may be affected by the manner on appeal shall be given an opportunity to be heard.

(b) Recommendation of Planning Commission. The Planning Commission shall hear the appeal and shall vote to recommend that the Board of Supervisors approve, approve with specified conditions, or disapprove the exception as it judges proper according to the criteria outlined in Subsection C of this section. The Planning Commission shall render such recommendation, in writing, within 45 days following the hearing. Copies of such recommendation shall be provided to the agent and to the appellant and to other interested parties to the appeal.

(c) Board to hear appeal. Upon receipt of the Planning Commission's recommendation, the Board of Supervisors shall set a time and place for the purpose of hearing the appeal, which shall be not less than 10 nor more than 35 days from the date of receipt of the recommendation. Notice of the time and place of the hearing shall be given to all parties. Such hearing shall be public, and the appellant, the appellant's representative, the agent, and any other person whose interest may be affected by the matter on appeal shall be given an opportunity to be heard.

(d) Decision of Board of Supervisors. The Board of Supervisors shall hear the appeal and shall vote to approve, approve with conditions, or disapprove the exception as it judges proper according to the criteria outlined in Subsection C of this section. The Board shall render such hearing. Copies of such decision shall be provided to the agent and to the appellant and to other interested parties to the appeal. The determination of the Board of Supervisors shall be final.

C. Criteria for decisions on exceptions. In passing upon appeals for exceptions under this chapter, the Planning Commission and the Board of Supervisors shall consider all relevant factors and procedures specified elsewhere in this chapter. In addition, the Planning Commission and the Board of Supervisors shall consider the following factors:

(1) The danger to life and property due to increased flood heights or velocities caused by encroachments;

(2) The danger that materials may be swept onto other lands or downstream to the injury of others;

(3) The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination or unsanitary conditions;

(4) The susceptibility of the proposed facility and its contents to flood damage and the effects of such damage on individual owners;

(5) The importance of the services provided by such facility to the community;

(6) The requirements of the facility for a waterfront location;

(7) The availability of alternative locations not subject to flooding for the proposed use;

(8) The compatibility of the proposed use with existing development and development anticipated in the foreseeable future;

(9) The relationship of the proposed use to the County Comprehensive Plan and to the floodplain management program for the area, if any;

(10) The safety of access by ordinary and emergency vehicles to the property in time of flood;

(11) The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at the site;

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

(13) The showing of good and sufficient cause for the exception;

(14) Any such other factors which are relevant to the purpose of this chapter.

D. Board may consult expert opinion. The Planning Commission and/or the Board of Supervisors may refer any application and accompanying documentation pertaining to an appeal for exception under this section to any engineer or other qualified person or agency for technical assistance in evaluating the proposed project's impacts on flood heights and velocities, the adequacy of plans for protection, and other related matters.

E. Findings by the Board of Supervisors.

(1) Exceptions under this section shall be issued only upon a finding of the Board of Supervisors that the approval of such exception will not result in:

(a) Unacceptable or prohibited increase in flood heights;

(b) Additional threats to public safety;

(c) Extraordinary public expense;

(d) The creation of nuisances;

(e) Fraud or victimization of the public;

(f) Conflict with local ordinances.

(2) In addition, the Board of Supervisors shall approve only such exception as will be the minimum required to provide relief from hardship to the applicant.

F. Restrictions on floodway exceptions. No exception shall be approved for any proposed use, development or activity within any floodway district, except where the effect of such development on flood heights is fully offset by accompanying improvements which have been approved by all appropriate authorities, as required in Subsection E of this section. Under no circumstances shall an exception be approved for any floodway district which will cause any increase in the one-hundred-year-flood elevation.

G. Applicant to be notified. The Board of Supervisors shall notify the applicant for an exception, in writing, that the issuance of such exception to construct a structure below the one-hundred-year-flood elevation increases risks to life and property and will result increased premium rates for flood insurance. A record of such notification, as well as all actions taken on exceptions by the Board of Supervisors, including reasons for such actions, shall be maintained by the County. Any exceptions issued shall be noted in the annual or biennial report submitted to the Federal Insurance Administrator.

§ 126-9 Existing structures and uses.

A structure or use of a structure or premises which lawfully existed on or before the effective date of the ordinance from which this chapter is derived, but which is not in conformity with the provisions of this chapter, may be continued, subject to the following conditions:

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

B. Any modification, alteration, repair, reconstruction or improvement of any kind to a structure or use located in any floodplain district, to an extent or amount less than 50% of its market value, shall be elevated and/or floodproofed in conformity with this chapter and the applicable provisions of the Virginia Uniform Statewide Building Code;

C. The modification, alteration, repair, reconstruction, or improvement of any kind to a structure and/or use, regardless of its location in a floodplain area, to an extent or amount of 50% or more of its market value shall be undertaken only in full compliance with this chapter and shall require the entire structure to conform to the applicable provisions of the Virginia Uniform Statewide Building Code;

D. Uses or adjuncts to uses which are, or become, nuisances shall not continue.

§ 126-10 Fees.

A. The fee for issuance of the floodplain permit under the provisions of this chapter is as set forth in the fee schedule in Appendix A to this chapter.[1]

[1] Editor's Note: Appendix A is on file in the County offices.

B. The Board of Supervisors, at its discretion, may waive the fee set forth in the fee schedule in Appendix A to this chapter for the issuance of permits for nonresidential agricultural outbuildings.