A. 
Permit requirement. All uses, activities, and development occurring within any floodplain district, including placement of manufactured homes, shall be undertaken only upon the issuance of a zoning permit. Such development shall be undertaken only in strict compliance with the provisions of this chapter and with all other applicable codes and ordinances, as amended, such as the Virginia Uniform Statewide Building Code (VA USBC) and Chapter 188, Subdivision of Land. Prior to the issuance of any such permit, the Floodplain Administrator shall require all applications to include compliance with all applicable state and federal laws and shall review all sites to assure they are reasonably safe from flooding. Under no circumstances shall any use, activity, and/or development adversely affect the capacity of the channels or floodways of any watercourse, drainage ditch, or any other drainage facility or system.
B. 
Site plans and permit applications. All applications for development within any floodplain district and all building permits issued for the floodplain shall incorporate the following information:
(1) 
The elevation of the base flood elevation at the site.
(2) 
For structures to be elevated, the elevation of the lowest floor (including basement).
(3) 
For structures to be floodproofed (nonresidential only), the elevation to which the structure will be floodproofed.
(4) 
Topographic information showing existing and proposed ground elevations.
In all special flood hazard areas the following provisions shall apply:
A. 
New construction and substantial improvements shall be built according to this chapter and the VA USBC, and 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 duct work, 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 floodwaters into the system.
G. 
New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters.
H. 
On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding.
I. 
Any alteration, repair, reconstruction or improvements to a building that is in compliance with the provisions of this chapter shall meet the requirements of "new construction" as contained in this chapter.
J. 
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.
K. 
Prior to any proposed alteration or relocation of any channels or of any watercourse, stream, etc., within this jurisdiction a permit shall be obtained from the U.S. Army 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 Department of Conservation and Recreation (Division of Dam Safety and Floodplain Management), other required agencies, and the Federal Emergency Management Agency.
L. 
The flood-carrying capacity within an altered or relocated portion of any watercourse shall be maintained.
In all special flood hazard areas where base flood elevations have been provided in the Flood Insurance Study or generated according Article IV, § 109-15, 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 BFE 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 to which such structures are floodproofed, shall be maintained by the Floodplain Administrator.
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).
(2) 
Be constructed entirely of flood-resistant materials below the regulatory flood protection elevation.
(3) 
Include, in Zones A, AO, and 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 must 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.
D. 
Standards for manufactured homes and recreational vehicles.
(1) 
All manufactured homes placed, or substantially improved, must meet all the requirements for new construction, including the elevation and anchoring requirements in Article IV, § 109-13A and B, and § 109-14A.
(2) 
All recreational vehicles placed on sites must either:
(a) 
Be on the site for fewer than 180 consecutive days;
(b) 
Be fully licensed and 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
(c) 
Meet all the requirements for manufactured homes in Article IV, § 109-14D(1).
The following provisions shall apply with the Approximated Floodplain District:
A. 
The Approximated Floodplain District 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 shown as Zone A on the maps accompanying the Flood Insurance Study. 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 Floodplain Information Reports, U.S. Geological Survey Flood-Prone Quadrangles, etc., then the applicant for the proposed use, development and/or activity shall determine this elevation in accordance with hydrologic and hydraulic engineering techniques. 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, computations, etc., shall be submitted in sufficient detail to allow a thorough review by the Floodplain Administrator.
B. 
When such base flood elevation data is utilized, the lowest flood shall be two feet above the base flood elevation. During the permitting process, the Floodplain Administrator shall obtain:
(1) 
The elevation (in relation to the mean sea level) of the lowest floor (including the basement) of all new and substantially improved structures; and
(2) 
If the structure has been floodproofed in accordance with the requirements of this chapter, the elevation to which the structure has been floodproofed.
The following provisions shall apply within the Special Floodplain District:
A. 
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, designated as Zones A1-30 and AE on the Flood Rate Insurance 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 of Middletown.
B. 
Development activities in Zones A, AE, and AH on the Town of Middletown's 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 of Middletown's endorsement, for a conditional Flood Insurance Rate Map revision, and receives the approval of the Federal Emergency Management Agency.
The following provisions shall apply within the Shallow Flooding District:
A. 
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 no less than two feet above the highest adjacent grade.
B. 
All new construction and substantial improvements of nonresidential structures shall:
(1) 
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 at least two feet above the highest adjacent grade; or
(2) 
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.
C. 
Adequate drainage paths around structures on slopes shall be provided to guide floodwaters around and away from proposed structures.
A. 
All subdivision proposals shall be consistent with the need to minimize flood damage;
B. 
All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage;
C. 
All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards; and
D. 
Base flood elevation data shall be obtained from other sources or developed using detailed methodologies, hydraulic and hydrologic analysis, comparable to those contained in a Flood Insurance Study for subdivision proposals and other development proposals (including manufactured home parks and subdivisions) that exceed 50 lots or five acres, whichever is the lesser.