A.
This chapter is adopted pursuant to the authority granted to localities
by Code of Virginia, § 10.1-600 et seq.
B.
The purpose of these provisions is to prevent: the loss of life and
property, the creation of health and safety hazards, the disruption
of commerce and governmental services, the extraordinary and unnecessary
expenditure of public funds for flood protection and relief, and the
impairment of the tax base by:
(1)
Regulating uses, activities, and development which, alone or in combination
with other existing or future uses, activities, and development, will
cause unacceptable increases in flood heights, velocities, and frequencies;
(2)
Restricting or prohibiting certain uses, activities, and development
from locating within districts subject to flooding;
(3)
Requiring all those uses, activities, and developments that do occur
in flood-prone districts 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.
These provisions shall apply to all privately and publicly owned
lands within the jurisdiction of Mathews County, Virginia, and identified
as areas of special flood hazard according to the Flood Insurance
Rate Map (FIRM) that is provided to Mathews County by FEMA.
A.
No
land shall hereafter be developed and no structure shall be located,
relocated, constructed, reconstructed, enlarged, or structurally altered
except in full compliance with the terms and provisions of this chapter
and any other applicable ordinances and regulations which apply to
uses within the jurisdiction of this chapter.
B.
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, 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 chapter does not imply that districts outside
the floodplain district or land uses permitted within such district
will be free from flooding or flood damages.
C.
This
chapter shall not create liability on the part of Mathews County or
any officer or employee thereof for any flood damages that result
from reliance on this chapter or any administrative decision lawfully
made thereunder.
Records of actions associated with administering this chapter
shall be kept on file and maintained by the Floodplain Administrator.
This chapter supersedes any ordinance currently in effect in
flood-prone districts. Any ordinance, however, shall remain in full
force and effect to the extent that its provisions are more restrictive.
A.
Any person who fails to comply with any of the requirements or provisions
of this chapter or directions of the Floodplain Administrator or any
authorized employee of Mathews County shall be guilty of the appropriate
violation and subject to the penalties therefor.
C.
In addition to the above penalties, 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 all such persons shall
be required to correct or remedy such violations within a reasonable
time. Any structure constructed, reconstructed, enlarged, altered
or relocated in noncompliance with this chapter may be declared by
Mathews County to be a public nuisance and abatable as such. Flood
insurance may be withheld from structures constructed in violation
of this chapter.
