This chapter is adopted pursuant to the authority granted to localities by Code of Virginia, § 15.2-2280 et seq., as amended, for the general purpose of promoting the health, safety, or general welfare of the public. To these ends, this chapter is designed to provide for safety from flooding, to facilitate the provision of flood protection, and to protect against loss of life, health, or property from flooding. This chapter may be referred to as the Page County Floodplain Ordinance, floodplain ordinance or chapter.
A.
The purpose of these provisions is to prevent the loss of life, health, and property, creation of hazards to health and safety, disruption of commerce and governmental services, extraordinary and unnecessary expenditure of public funds for flood protection and relief, and 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 development 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 Page County that are identified as a special flood hazard areas (SFHA) according to the flood insurance rate map (FIRM) and flood insurance study (FIS) provided to the County by the Federal Emergency Management Association (FEMA) or as identified as floodplains by the County.
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, applicable Building Code provisions relative to the design and construction of buildings and structures in flood hazard areas, and any other applicable ordinances and regulations which apply to uses within the scope 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 can and will likely occur. Flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. Enforcement of the provisions of this chapter, applicable Building Code provisions or any other applicable ordinances or regulations does not imply that districts outside the special flood hazard areas, or that land uses permitted within such areas, will be free from flooding or flood damages.
C.
This chapter shall not create liability on the part of Page 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 in perpetuity.
Pursuant to the requirement established in state statute that Page County administer and enforce the state Building Codes, the Board of Supervisors does hereby acknowledge that the Building Codes contain certain provisions that apply to the design and construction of buildings and structures in flood hazard areas. Therefore, these regulations are intended to be administered and enforced in conjunction with the Building Codes.
A.
To the extent that the provisions are more restrictive, this chapter supersedes any ordinance currently in effect in flood-prone districts. To the extent that any other existing law or regulation is more restrictive or does not conflict, it shall remain in full force and effect.
B.
These regulations are not intended to repeal or abrogate any existing ordinances, including but not limited to subdivision regulations, zoning ordinances, or Building Codes. In the event of a conflict between this chapter and any other ordinance, the more restrictive shall govern.
C.
The provisions of this chapter shall not be deemed to nullify any provisions of local, state or federal law.
If any article, 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 remain in full force and effect; and, for this purpose, the provisions of this chapter are hereby declared to be severable.
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 other authorized employee of the County of Page, shall be subject to the penalties pursuant to the Code of Virginia, and as outlined in the VA Uniform Statewide Building Code (USBC) for Building Code violations, and shall be guilty of a misdemeanor of the first class and subject to the penalties of up to $2,500 or imprisonment for not more than 12 months, or both.
B.
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 the Page County 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.