HomeMy WebLinkAboutSTA201300001 Legacy Document 2013-04-15COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
ZTA 2013-03, STA 2013-01 Dam Break Inundation
Zones
SU BJ ECT/PROPOSAL/REQU EST:
Resolution of Intent to amend the Zoning & the
Subdivision Ordinances to comply with state requirements
concerning development in dam break inundation zones
STAFF CONTACT(S): McCulley, Burbage, Koslow, and
Kamptner
AGENDA DATE: April 23, 2013
ACTION:
CONSENT AGENDA:
ACTION: X
ATTACHMENTS: Yes
REVIEWED BY:
INFORMATION:
INFORMATION:
BACKGROUND:
In 2008, Virginia passed legislation requiring localities to undergo a new review process for development occurring within
a dam break inundation zone (Attachment A). According to the Virginia Code, a dam break inundation zone is "the area
downstream of a dam that would be inundated or otherwise directly affected by the failure of a dam." Dam owners are
required to conduct a dam break analysis to support the appropriate hazard classification of the impounding structure in
accordance with the Virginia Administrative Code 4VAC50-20-40.
The legislation requires any owner of a state regulated dam to provide the locality with a map of its dam break inundation
zone and incorporate all affected properties into its dam safety emergency action plan. There is no specified timeframe
associated with this mandate; however, once the locality has received an inundation zone map from a dam owner, it is
required to notify the Department of Conservation and Recreation (DCR) within 10 days of receiving a proposed plan for
development located within an inundation zone. DCR then has 45 days to determine whether or not the proposed
development will impact the dam's spillway design flood standards. If DCR determines that spillway standards would be
changed as a result of the development, the locality may not allow the development unless the plan is altered so that
spillway standards are not affected or the developer contributes payment to the necessary upgrades to the dam. State
requirements do not apply to development proposed downstream of a dam for which the locality does not have a dam
break inundation zone map on file at the time the development plan is submitted.
DISCUSSION:
There are currently 109 state regulated dams in Albemarle County. The County has received dam break inundation zone
mapping for four of these dams to -date. Community Development's Zoning Division is the designated point of intake for
dam break inundation zone mapping. When a map is received, it is passed along to Information Services staff to be
incorporated into CountyView and GIS -Web so that parcels within an inundation zone can be identified by staff and the
general public. Planning staff then follow the required review process when reviewing any site plan or subdivision
application that falls within a dam break inundation zone.
The proposed resolution of intent addresses revisions to the County's Subdivision & Zoning Ordinances that are
necessary in order to comply with state requirements.
BUDGET IMPACT:
There is a potential budget impact associated with increased staff time required to incorporate dam break inundation zone
maps into CountyView and GIS -Web and for additional administrative review of proposed development occurring within a
dam break inundation zone. There is currently no fee in place to offset the increased demands placed on staff as a result
of these regulations; however, staff is currently investigating possible mechanisms for cost recovery.
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RECOMMENDATION:
Staff recommends that the Commission adopt the attached resolutions of intent (Attachments B and C).
ATTACHMENTS:
A: State Code References
B: Resolution of Intent — Zoning Ordinance
C: Resolution of Intent — Subdivision Ordinance
ZTA 2013-3, STA2013-01 Dam Break Inundation Zones
Planning Commission, March 26, 2013