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:
A.
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.
B.
Restricting or prohibiting certain uses, activities
and development from locating within districts subject to flooding.
C.
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.
D.
Protecting individuals from buying land and structures
which are unsuited for intended purposes because of flood hazards.
These provisions shall apply to all lands within
the jurisdiction of the Town of Stanley and identified as being in
the one-hundred-year floodplain by the Federal Insurance Administration.
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. 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 the Town of Stanley 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.
A.
Any person who fails to comply with any of the requirements
or provisions of this chapter or directions of the Zoning Administrator
or any other authorized employee of the Town of Stanley shall be guilty
of a misdemeanor of the first class and subject to the penalties therefor.
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 to permit it to continue; and all such
persons shall be required to correct or remedy such violations or
noncompliance within a reasonable time. Any structure constructed,
reconstructed, enlarged, altered or relocated in noncompliance with
this chapter may be declared by the Town Council to be a public nuisance
and abatable as such. Flood insurance may be withheld from structures
constructed in violation of this chapter.
As used in this article, the following terms
shall have the meanings indicated:
The Federal Emergency Management Agency designated one-hundred-year
water surface elevation.
A flood that, on the average, is likely to occur once every
100 years, i.e., that has a one-percent chance of occurring each year,
although the flood may occur in any year.
The board appointed to review appeals made by individuals
with regard to decisions of the Zoning Administrator in the interpretation
of this article.
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.
A general and temporary condition of partial
or complete inundation of normally dry land areas from:
The overflow of inland or tidal waters.
The unusual and rapid accumulation or runoff
of surface waters from any source.
Mudslides, i.e., mudflows, which are proximately caused by flooding as defined in Subsection A(2) of this definition and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current.
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 an unanticipated force of nature, such as a flash flood or by some similarly unusual and unforeseeable event which results in flooding as defined in Subsection A(1) of this definition.
Any land area susceptible to being inundated by water from
any source.
The designated area of the floodplain required to carry and
discharge floodwaters of a given magnitude. For the purposes of this
chapter, a floodway shall be capable of accommodating a flood of the
one-hundred-year magnitude.
Any structure that is:
Listed individually in the National Register
of Historic Places (a listing maintained by the Department of Interior)
or preliminary determined by the Secretary of the Interior as meeting
the requirements for individual listing on the National Register;
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;
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
Individually listed on a local inventory of
historic places in communities with historic preservation programs
that have been certified either:
A structure subject to federal regulations which is transportable
in one or more sections; is eight body feet or more in width and 40
body feet or more in length in the traveling mode, or is 320 or more
square feet when erected on site; is built on a permanent chassis;
is designed to be used as a single-family dwelling, with or without
a permanent foundation when connected to the required facilities;
and includes the plumbing, heating, air-conditioning and electrical
systems contained in the structure.
A parcel (or contiguous parcels) of land divided into two
or more lots for rent or sale.
For the purposes of determining insurance rates, structures
for which the start of construction commenced on or after the effective
date of an initial FIRM (Flood Insurance Rate Map) 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 a floodplain management regulation
adopted by a community and includes any subsequent improvements to
such structures.
A vehicle which is:
Built on a single chassis;
Four hundred square feet or less when measured
at the largest horizontal projection;
Designed to be self-propelled or permanently
towable by a light-duty truck; and
Designed primarily not for use as a permanent
dwelling but as temporary living quarters for recreational camping,
travel or seasonal use.
The date the building permit was issued, provided that the
actual start of construction, repair, reconstruction, rehabilitation,
addition, placement 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 of streets and/or walkways; nor
does it include excavation for a basement, footings, piers or foundations
or the erection of temporary forms; 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 construction" means
the first alteration on any wall, ceiling, floor or other structural
part of a building, whether or not the alteration affects the external
dimensions of the building.
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.
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 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 conditions or any alteration of an historic structure,
provided that the alteration will not preclude the structure's continued
designation as an historic structure.
A.
Description of districts.
(1)
Basis of districts. The various floodplain districts
shall include areas subject to inundation by waters of the one-hundred-year
flood. The basis for the delineation of these districts shall be the
Flood Insurance Study (FIS) for the Town of Stanley, prepared by the
Federal Emergency Management Agency, Federal Insurance Administration,
dated August 3, 1981, as amended.
(a)
The Floodway District is delineated, for purposes
of this chapter, using the criterion that certain areas within the
floodplain must be capable of carrying the waters of the one-hundred-year
flood without increasing the water surface elevation of that flood
more than one foot at any point. The areas included in this district
are specifically defined in Table 2 of the above-referenced Flood
Insurance Study and shown on the accompanying Flood Boundary and Floodway
Map or Flood Insurance Rate Map.
(b)
The Flood-Fringe District shall be that area
of the one-hundred-year floodplain not included in the Floodway District.
The basis for the outermost boundary of the district shall be the
one-hundred-year flood elevations contained in the flood profiles
of the above-referenced Flood Insurance Study and as shown on the
accompanying Flood Boundary and Floodway Map or Flood Insurance Rate
Map.
(c)
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 as Zone A on the maps accompanying
the Flood Insurance Study. For these areas, the one-hundred-year-flood
elevations and floodway information from federal, state and other
acceptable sources shall be used, when available. Where the specific
one-hundred-year-flood elevation cannot be determined for this area
using other sources of data, such as the United States Army Corps
of Engineers Floodplain Information Reports, United States 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 Town of Stanley.
(2)
Overlay concept.
(a)
The floodplain districts described above shall
be overlays to the existing underlying districts as shown on the Official
Zoning Map, and as such, the provisions for the floodplain districts
shall serve as a supplement to the underlying district provisions.
(b)
In the event of any conflict between the provisions
or requirements of the floodplain districts and those of any underlying
district, the more restrictive provisions and/or those pertaining
to the floodplain districts shall apply.
(c)
In the event that any provision concerning a
floodplain district is declared inapplicable as a result of any legislative
or administrative actions or judicial decision, the basic underlying
provisions shall remain applicable.
B.
Official zoning maps. The boundaries of the floodplain
districts are established as shown on the Flood Boundary and Floodway
Map and/or Flood Insurance Rate Map, which is declared to be a part
of this chapter and which shall be kept on file at the Town of Stanley
offices.
C.
District boundary changes. The delineation of any
of the floodplain districts may be revised by the Town Council 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 other qualified agency, or an individual documents
the need for such change. However, prior to any such change, approval
must be obtained from the Federal Insurance Administration.
D.
Interpretation of district boundaries. Initial interpretations
of the boundaries of the floodplain districts shall be made by the
Zoning Administrator. Should a dispute arise concerning the boundaries
of any of the districts, the Board of Zoning Appeals 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 to the Board and to submit his own technical evidence
if he so desires.
A.
General provisions.
(1)
Permit requirement. All uses, activities and development
occurring within any floodplain district 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 article and
with all other applicable codes and ordinances, such as the Virginia
Uniform Statewide Building Code[1] and Chapter 170, Subdivision of Land. Prior to the issuance of any such permit, the Zoning Administrator shall require all applications to include compliance with all applicable state and federal laws. Under no circumstances shall any use, activity and/or development adversely affect the capacity of the channels or floodway of any watercourse, drainage ditch or any other drainage facility or system.
[1]
Editor's Note: See § 36-97 et seq.
of the Code of Virginia.
(2)
Alteration or relocation of watercourse. 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 United States Army Corps of Engineers, the Virginia State
Water Control Board 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 Division of Soil and Water
Conservation (Department of Conservation and Recreation) and the Federal
Insurance Administration.
(3)
Site plans and permit applications. All applications
for development in the floodplain district and all building permits
issued for the floodplain shall incorporate the following information:
(a)
For structures to be elevated, the elevation
of the lowest floor, including basement.
(b)
For structures to be floodproofed (nonresidential
only), the elevation to which the structure will be floodproofed.
(c)
The elevation of the one-hundred-year flood.
(d)
Topographic information showing existing and
proposed ground elevations.
(4)
Manufactured homes. Manufactured homes that are placed
or substantially improved on sites shall be elevated on a permanent
foundation such that the lowest floor of the manufactured home is
elevated to or above the base flood elevation and be securely anchored
to an adequately anchored foundation system to resist flotation collapse
and lateral movement.
B.
Floodway District.
(1)
In the Floodway District, no encroachments, including
fill, new construction, substantial improvements or other development,
shall be permitted unless it has been demonstrated through hydrologic
and hydraulic analyses performed in accordance with standard engineering
practice that the proposed encroachment would not result in any increase
in the one-hundred-year-flood elevation.
(2)
Permitted uses in the Floodway District. The following
uses and activities are permitted, provided that they are in compliance
with the provisions of the underlying area and are not prohibited
by any other ordinance, and provided that they do not require structures,
fill or storage of materials and equipment:
(a)
Agricultural uses, such as general farming,
pasture, grazing, outdoor plant nurseries, horticulture, truck farming,
forestry, sod farming and wild crop harvesting.
(b)
Public and private recreational uses and activities,
such as parks, day camps, picnic grounds, golf courses, boat launching
and swimming areas, horseback riding and hiking trails, wildlife and
nature preserves, game farms, fish hatcheries, trap and skeet game
ranges and hunting and fishing areas.
(c)
Accessory residential uses, such as yard areas,
gardens, play areas and pervious loading areas.
(d)
Accessory industrial and commercial uses, such
as yard areas, pervious parking and loading areas, airport landing
strips, etc.
C.
Flood-Fringe and Approximated Floodplain Districts.
(1)
In the Flood-Fringe and Approximated Floodplain Districts,
the development and/or use of land shall be permitted in accordance
with the regulations of the underlying area, provided that all such
uses, activities and/or development shall be undertaken in strict
compliance with the floodproofing and related provisions contained
in the Virginia Uniform Statewide Building Code[2] and all other applicable codes and ordinances.
[2]
Editor's Note: See § 36-97 et seq.
of the Code of Virginia.
(2)
Within the Approximated Floodplain District, the applicant
shall also delineate a floodway area based on the requirement that
all existing and future development not increase the one-hundred-year-flood
elevation more than one foot at any one point. The engineering principal,
equal reduction of conveyance, shall be used to make the determination
of increased flood heights.
D.
Design criteria for utilities and facilities.
(1)
Sanitary sewer facilities. All new or replacement
sanitary sewer facilities and private package sewage treatment plants,
including all pumping stations and collector systems, shall be designed
to minimize or eliminate infiltration of floodwaters into the systems
and discharges from the systems into the floodwaters. In addition,
they should be located and constructed to minimize or eliminate flood
damage and impairment.
(2)
Water facilities. All new or replacement water facilities
shall be designed to minimize or eliminate infiltration of floodwaters
into the system and be located and constructed to minimize or eliminate
flood damages.
(3)
Drainage facilities. All storm drainage facilities
shall be designed to convey the flow of surface waters without damage
to persons or property. The systems shall ensure drainage away from
buildings and on-site waste disposal sites. The Town Council 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 local and regional drainage
plans. The facilities shall be designed to prevent the discharge of
excess runoff onto adjacent properties.
(4)
Utilities. All utilities, such as gas lines and electrical
and telephone systems, being placed in flood-prone areas should be
located, elevated (where possible) and constructed to minimize the
chance of impairment during a flooding occurrence.
(5)
Streets and sidewalks. Streets and sidewalks should
be designed to minimize their potential for increasing and aggravating
the levels of flood flow. Drainage openings shall be required to sufficiently
discharge flood flows without unduly increasing flood heights.
A.
In passing upon applications for variances, the Board
of Zoning Appeals shall satisfy all relevant factors and procedures
specified in other sections of this chapter and consider the following
additional factors:
(1)
The danger to life and property due to increased flood
heights or velocities caused by encroachments. No variance shall be
granted for any proposed use, development or activity within any floodway
district that will cause any increase in the one-hundred-year-flood
elevation.
(2)
The danger that materials may be swept on to 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 and
unsanitary conditions.
(4)
The susceptibility of the proposed facility and its
contents to flood damage and the effect of such damage on the individual
owners.
(5)
The importance of the services provided by the proposed
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 Comprehensive
Plan and floodplain management program for the area.
(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 of 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 variance is the minimum necessary to preserve the
historic character and design of the structure.
(13)
Such other factors which are relevant to the
purposes of this article.
B.
The Board of Zoning Appeals may refer any application
and accompanying documentation pertaining to any request for a variance
to any engineer or other qualified person or agency for technical
assistance in evaluating the proposed project in relation to flood
heights and velocities and the adequacy of the plans for flood protection
and other related matters.
C.
Variances shall be issued only after the Board of
Zoning Appeals has determined that the granting of such will not result
in unacceptable or prohibited increases in flood heights, additional
threats to public safety, extraordinary public expense and will not
create nuisances, cause fraud or victimization of the public or conflict
with local laws or ordinances.
D.
Variances shall be issued only after the Board of
Zoning Appeals has determined that the variance will be the minimum
required to provide relief from any hardship to the applicant.
E.
The Board of Zoning Appeals shall notify the applicant
for a variance, in writing, that the issuance of a variance to construct
a structure below the one-hundred-year-flood elevation increases the
risks to life and property and will result in increased premium rates
for flood insurance.
F.
A record shall be maintained of the above notification
as well as all variance actions, including justification for the issuance
of the variances. Any variances which are issued shall be noted in
the annual or biennial report submitted to the Federal Insurance Administrator.
A structure or use of a structure or premises
which lawfully existed before the enactment of these provisions but
which is not in conformity with these provisions may be continued,
subject to the following conditions:
A.
Existing structures in the floodway district shall
not be expanded or enlarged unless it has been demonstrated through
hydrologic and hydraulic analyses performed in accordance with standard
engineering practice that the proposed expansion would not result
in any increase in the one-hundred-year-flood elevation.
B.
Any modifications, alteration, repair, reconstruction
or improvement of any kind to a structure and/or use located in any
floodplain area to an extent or amount of less than 50% of its market
value shall be elevated and/or floodproofed to the greatest extent
possible.
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 the provisions of this article and the Virginia Uniform Statewide
Building Code.[1]
[1]
Editor's Note: See § 36-97 et seq.
of the Code of Virginia.
