A. 
This chapter is adopted pursuant to the authority granted to localities by the Code of Virginia, § 15.2-2280.
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 the Town of Middletown and identified as being in the areas of special flood hazard shown on the FEMA flood insurance rate map (FIRM).
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 that land uses permitted within such district will be free from flooding or flood damages.
C. 
Records of actions associated with administering this chapter shall be kept on file and maintained by the Zoning Administrator in perpetuity.
D. 
This chapter shall not create liability on the part of the Town of Middletown or any officer or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.
This chapter supersedes any ordinance currently in effect in flood-prone districts. However, any underlying ordinance shall remain in full force and effect to the extent that its provisions are more restrictive than this chapter.
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 remain in full force and effect; and, for this purpose, the provisions of this chapter are hereby declared to be severable.
A. 
The Virginia Uniform Statewide Building Code (USBC) addresses building code violations and the associated penalties in Section 104 and Section 115.
B. 
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 the Town of Middletown shall be guilty of a misdemeanor and subject to the penalties thereof.
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 or noncompliances within a reasonable time. Any structure constructed, reconstructed, enlarged, altered or relocated in noncompliance with this chapter may be declared by the Town of Middletown to be a public nuisance and abatable as such. Flood insurance may be withheld from structures constructed in violation of this chapter.