HomeMy WebLinkAboutZTA201300007 Legacy Document 2013-11-26 (3)30.3 FLOOD HAZARD OVERLAY DISTRICT - FH
30.3.01 INTENT
It is intended that the flood hazard overlay district hereby and hereafter created shall be for the
purpose of providing safety and protection from flooding. More specifically, these provisions are
intended to restrict the unwise use, development and occupancy of lands subject to inundation
which may result in: danger to life and property; public costs for flood control measures and/or
rescue and relief efforts; soil erosion, sedimentation and siltation; pollution of water resources; and
general degradation of the natural and man -made environment.
It is further intended that these provisions shall be adequate for qualification and continuation of
Albemarle County on the regular program of the National Flood Insurance Program as
administered by the Federal Insurance Administration and the Federal Emergency Management
Agency (FEMA). To these ends, provisions have been developed in accordance with regulations
governing the regular program. (Amended 2 -5 -05)
(§ 30.3.01, 12- 10 -80; Ord. 05- 18(1), 1 -5 -05, effective 2 -5 -05)
30.3.02 APPLICATION
30.3.02.1 DEFINITIONS -- GENERALLY
The flood hazard overlay district shall include all areas subject to inundation by the waters of the
one hundred year flood. The source of this delineation shall be the Flood Insurance Study for
Albemarle County and Incorporated Areas and the Independent City of Charlottesville prepared by
FEMA, effective on and after February 4, 2005 (the "flood study "). (Amended 2 -5 -05)
The following definitions shall apply in the administration and interpretation of this section 30.3:
1. One - hundred year flood: The term "one- hundred year flood" is a design storm of a specific
intensity and duration with a return frequency of one - hundred years or a one - percent
probability of being equaled or exceeded in a given year. The term "one- hundred year flood"
is also referred to as the one (1)- percent annual chance flood. (Added 2 -5 -05)
2. Base flood elevation (BFE): The term "base flood elevation" is the one - hundred year
flood elevation that has been determined at a cross section of a stream reach, as
designated in the flood study. (Added 2 -5 -05)
3. Flood plain: The term "flood plain" means any land susceptible to being inundated by
the flood waters generated by a one - hundred year flood, as designated in the flood study.
(Added 2 -5 -05)
4. Floodway: The term "floodway" means the stream channel and that portion of the adjacent
flood plain that must be reserved to carry and discharge the waters of the one - hundred year
flood, as designated in the flood study, without increasing the flood water surface elevation at
any point more than one (1) foot above the base flood elevation and provided that hazardous
velocities are not produced. (Amended 2 -5 -05)
5. Floodway fringe: The term "floodway fringe" means that portion of the flood plain that lies
between the floodway and the outer limits of the flood plain, as designated in the flood study.
For the sole purpose of determining permissible uses under sections 30.3.05.1.2 and
30.3.05.2.2, the floodway fringe also shall include the approximated flood plain. (Amended 2-
5-05)
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6. Approximated flood plain: The term "approximated flood plain" means those flood plain
regions where base flood elevations have not been determined, as designated in the flood
study. (Amended 2 -5 -05)
7. Development: The term "development" means, for the purposes of this section only, 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.
(Amended 2 -5 -05)
Substantial improvement: The term "substantial improvement' means, for the purposes of
this section only, any repair, reconstruction or improvement of a structure, the cost of which
equals or exceeds fifty (50) percent of the market value of the structure either (1) before the
improvement or repair is started, or (2) if the structure has been damaged, the market value
before the damage occurred. For the purpose of this definition "substantial improvement' is
considered to occur when the first alteration of any wall, ceiling, floor or other structural part
of the building commences, whether or not that alteration affects the external dimensions of
the structure. The term does not, however, include either (1) any project for improvement of a
structure to comply with existing state or local health, sanitary or safety code specifications
which are solely necessary to assure safe living conditions, or (2) any alteration of a structure
listed on the National Register of Historic Places or the Virginia Historic Landmarks
Commission. (Amended 2 -5 -05)
9. Start of construction: The term "start of construction" means, for the purposes of this section
only includes substantial improvement, and means the date the building permit was issued,
provided the actual start of construction, repair, reconstruction, placement or other
improvement was within one hundred eighty (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. 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. (Added 6- 10 -87; Amended 2 -5 -05)
(§ 30.3.02.1, 12- 10 -80; 6- 10 -87; Ord. 05- 18(1), 1 -5 -05, effective 2 -5 -05)
30.3.02.2 DETERMINATION OF FLOODWAY FRINGE IN THE APPROXIMATED FLOOD
PLAIN
Except for such uses permitted in the floodway in accordance with section 30.3.5, no use, structure
or building shall be established and no rezoning petition, site development plan, subdivision plat,
building permit or other county approval shall be given for lands located within any approximated
flood plain, prior to verification by the county engineer as to the limits of the floodway fringe
within such lands. In his determination of the limits of the floodway fringe, and one hundred year
flood elevation, the county engineer may request assistance from the Federal Insurance
Administration, the United States Army Corps of Engineers, and such other qualified agencies and
persons as he deems appropriate. The county engineer shall require the applicant to provide such
information as he deems reasonably necessary to make his determination. The cost of such
determination shall be borne entirely by the applicant.
(§ 30.3.02.2, 12- 10 -80; Ord. 01- 18(6), 10 -3 -01; Ord. 05- 18(1), 1 -5 -05, effective 2 -5 -05)
30.3.03 GENERAL REQUIREMENTS FOR FLOOD HAZARD OVERLAY DISTRICTS
30.3.03.1 LOCATION OF UTILITIES AND FACILITIES
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All new or replacement water and sewer facilities shall be located and designed to: minimize or
eliminate infiltration of flood waters into such systems and in the case of sewer facilities,
discharge of effluent into flood waters; minimize damage or impairment caused by flooding. In
review for and issuance of a permit for the installation of a septic system or well, the local office
of the Virginia Department of Health should be mindful of the intent of this section.
All new utilities such as gas lines, electrical and telephone systems to be located in the flood
hazard overlay district shall be located and designed to minimize damage and impairment and to
prevent flotation or dislocation due to flooding.
30.3.03.2 DEVELOPMENT PERMIT; BUILDING PERMIT; GRADING PERMIT
In order to comply with the requirements of the regular program of the National Flood Insurance
Program, no construction or other development shall be undertaken without prior issuance by the
zoning administrator of a development permit. The purpose of such permit shall be to determine
the effects of the proposed construction or development on the flood carrying capacity of the water
course. No development permit shall be issued for any use, structure, activity, fill, new
construction, substantial improvements or other development which in the opinion of the county
engineer would result in any increase in flood levels during the occurrence of a one hundred year
flood discharge. In making such determination, the county engineer shall obtain, review and
reasonably utilize any base flood elevation and floodway data available from a federal, state or
other source and may request assistance from the Federal Insurance Administration, the United
States Army Corps of Engineers and such other qualified agencies and persons as he deems
appropriate. (Amended 6- 10 -87)
Where buildings and structures and substantial improvements thereto are permitted under the
terms of this section within any subdistrict of the flood hazard overlay district, the same shall be
designed and/or modified to prevent flotation, collapse or lateral movement as a result of flooding
and shall be constructed only in accordance with the requirements of the Virginia Uniform
Statewide Building Code for potential hazards. In addition, materials and utility equipment
employed in such construction shall be resistant to flood damage. For all new construction and
substantial improvements, fully enclosed areas below the lowest floor that are subject to flooding
shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing
for the entry and exit of flood waters. Designs for meeting this requirement must either be
certified by a registered professional engineer or architect or must meet or exceed the following
minimum criteria: a minimum of two (2) openings having a total net area of not less than one (1)
square inch for every square foot of enclosed area subject to flooding shall be provided. The
bottom of all openings shall be no higher than one (1) foot above grade. Openings may be
equipped with screens, louvers or other coverings or devices provided that they permit the
automatic entry and exit of flood waters. (Amended 6- 10 -87)
For purposes of the regular program, the zoning administrator, at time of issuance of a building
permit for new construction, shall make and maintain record of: the one hundred year flood
elevation on the lot or parcel on which the building or structure is to be located; the elevation of
the lowest floor of such building or structure, including basement or cellar; and where flood
proofing of the building or structure is proposed, the elevation of the finished flood proofing.
No building permit, including special footings and foundation permits, or grading permit, shall be
issued within any subdistrict of the flood hazard overlay district until the applicant for such permit
has demonstrated to the reasonable satisfaction of the zoning administrator that all necessary
permits and /or other approvals have been received from those governmental agencies from which
approval is required by Federal Water Pollution Control Acts Amendments of 1972, 33 U. S. C.
1334. (Amended 6- 10 -87)
30.3.03.3 ALTERATION OR RELOCATION OF A WATERCOURSE
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Whenever a person intends to alter or relocate a watercourse within any of the three (3)
subdistricts of the flood hazard district, the person shall notify in writing by certified mail all
adjacent communities and the State Water Control Board of all such intended activities prior to
any alteration or relocation of the watercourse, and shall submit copies of such notification to the
Federal Insurance Administration. The person shall also assure the board of supervisors in writing
that the flood carrying capacity within the altered or relocated portion of the water course in
question will be maintained.
30.3.04 PROHIBITED USES
1. Storage of gasoline, kerosene and other petroleum products and flammable liquids, dynamite,
blasting caps and other explosives, pesticides and poisons and other such materials which
could result in hazard to life and/or water pollution in the event of flooding.
2. Storage of machinery and vehicles except as accessory to a permitted use.
3. Stockpiling of debris, logs, junk cars and similar materials.
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4. Structures designed or intended for human habitation, including mobile homes, regardless of
proposed usage.
30.3.05 PERMITTED USES
The following uses may be permitted within the flood hazard overlay district in accordance with
the requirements of this section and as specifically provided in the underlying zoning district.
30.3.05.1 BY RIGHT
The following uses shall be permitted subject to the requirements and limitations of this
ordinance:
30.3.05.1.1 BY RIGHT WITHIN THE FLOODWAY
The following uses or activities are authorized within the floodway as a matter of right:
1. Agricultural uses, excluding structures of any kind, limited to field crops, pasture, grazing,
livestock, raising poultry, horticulture, viticulture and forestry.
2. Recreational uses (excluding structures of any kind and uses involving human habitation)
such as parks; swimming areas, golf courses and driving ranges; picnic grounds; wildlife and
nature preserves; game farms; fish hatcheries; shooting preserves; target, trap and skeet
ranges; hunting, fishing and hiking areas; athletic fields; and horse show grounds.
3. Flood warning aids and devices, water monitoring devices and the like.
4. Fences.
5. Electric, gas, oil and communications facilities, including poles, lines, pipes, meters and
related facilities for distribution of local service and owned and operated by a public utility,
but excluding tower structures. (Added 7 -1- 81) (Amended 5- 12 -93)
6. Water distribution and sewage collection lines and appurtenances owned and operated by the
Albemarle County Service Authority, but excluding pumping stations and holding ponds;
public water and sewer transmission lines, main or trunk lines, and interceptors, but excluding
treatment facilities and pumping stations, owned and/or operated by the Rivanna Water and
Sewer Authority (reference 5.1.12.30.3.03.1, 31.2.5). (Added 7 -1 -81) (Amended 5- 13 -09)
7. If paragraphs (a) through (d) are each satisfied, projects which: (i) are designed or directed by
the county, a soil and water conservation district, or a public agency authorized to carry out
flood control or environmental restoration measures; or (ii) are reviewed and approved by the
department of community development in accordance with the water protection ordinance.
(Amended 5- 13 -09)
a. The purpose which will be served by the project, as determined by the department of
engineering and public works, is either flood control or environmental restoration;
b. The amount of fill material placed within the floodway, floodway fringe or approximated
flood plain does not exceed the amount of cut material removed from the same floodway,
floodway fringe or approximated flood plain in which the fill was placed;
c. No natural streams will be relocated; and
d. The project will use natural materials such as rock and vegetation, and will not use
engineered structures such as those identified in section 30.3.05.2.1(5).
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8. Tier I and Tier II personal wireless service facilities (reference 5.1.40). (Added 10- 13 -04)
(Ord. 98- 18(2); 9- 16 -98; Ord. 04- 18(2), 10- 13 -04; Ord. 09- 18(2), 5- 13 -09)
30.3.05.1.2 BY RIGHT WITHIN THE FLOODWAY FRINGE
1. Uses permitted by right in the floodway.
2. Accessory structures to uses permitted by right in the floodway, excluding structures for
human habitation; provided that any such structure permitted shall be firmly anchored to
prevent flotation, collapse or lateral movement due to flooding.
3. Pedestrian and multi -use paths that are within county owned or operated parks and
greenways; provided that any filling of land has been approved by the county engineer in
accordance with section 30.3.06.1(1) through (5); and any footbridges necessary to cross
tributary streams, watercourses and swales have been approved by the county engineer.
(Added 2 -5 -05)
(§ 30.3.05.1.2, 12- 10 -80; Ord. 05- 18(1), 1 -5 -05, effective 2 -5 -05)
30.3.05.2 BY SPECIAL USE PERMIT
The following uses shall be permitted only by special use permit approved by the board of
supervisors pursuant to section 31.2.4.
30.3.05.2.1 BY SPECIAL USE PERMIT WITHIN THE FLOODWAY
The following uses or activities are authorized within the floodway by special use permit:
1. Dams, levees and other structures for water supply and flood control.
2. Water related uses such as boat docks, canoe liveries, bridges, ferries, culverts and river
crossings of transmission lines of all types.
3. Sod farming, topsoil, sand and gravel removal.
4. Pump stations for water or wastewater including power supply and control devices, holding
ponds and other appurtenances.
5. Engineered structures including, but not limited to, retaining walls and revetments made of
non - natural materials such as concrete, and gabion baskets, which are constructed along
channels or watercourses for the purpose of water conveyance or flood control.
6. Hydroelectric power generation (reference 5.1.26).
(Added 4- 28 -82)
7. Tier III personal wireless service facilities (reference 5.1.40). (Added 10- 13 -04)
(Ord. 98- 18(2); 9- 16 -98; Ord. 04-18(2),10-13-04)
30.3.05.2.2 BY SPECIAL USE PERMIT WITHIN THE FLOODWAY FRINGE
1. Uses by special use permit in the floodway.
2. Aircraft landing strip excluding structures and aircraft parking/storage.
3. Landfill permit (reference 30.3.6).
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4. Electrical transmission lines and related towers; micro -wavc and radio -wave transmission and
relay towers.
30.3.06 LANDFILL PERMITS FOR FLOOD PLAIN ALTERATION
30.3.06.1 PERMIT REQUIREMENTS
In addition to such conditions imposed by the board of supervisors in approval of a special use
permit, a landfill permit approval by the county engineer is required for the filling of land in the
floodway fringe. No permit shall be issued or approved until the site development plan for such
fill of land shall have been submitted to the county engineer indicating the following requirements
have been met:
1. In the case of residential usage, the finished grade shall be at or above the one hundred year
flood elevation for the lowest floor, including basement or cellar of a structure. For a
nonresidential structure, watertight flood proofing in accordance with the Virginia Uniform
Statewide Building Code may be provided in lieu of the finished grade described herein;
2. The filling of land shall be designed and constructed to minimize obstruction to and effect
upon the flow of water and more particularly that:
a. Such fill will not, in the opinion of the county engineer, result in any increase in flood
levels during the occurrence of a one hundred year flood discharge;
b. The flood carrying capacity of the watercourse shall be maintained;
c. No fill shall be placed in the floodway;
3. Fill shall be effectively protected against erosion by vegetative cover, riprap, gabions,
bulkhead or other acceptable method. Any structure, equipment or material permitted shall be
firmly anchored to prevent dislocation due to flooding;
4. Fill shall be of a material that will not pollute surface water or groundwater;
5. Where in the opinion of the county engineer additional topographic, engineering and other
data or studies are necessary to determine the effects of flooding on a proposed structure or
fill and/or the effect of such structure or fill on the flow of water in flood stage, the county
engineer shall require the applicant to submit such data or studies.
30.3.06.2 Repealed 2 -5 -05
30.3.07 AMENDMENT OF THE FLOOD HAZARD OVERLAY DISTRICT
The delineation of the flood hazard overlay district may be revised, amended and modified by the
board of supervisors in compliance with the National Flood Insurance Program when any of the
following conditions are met:
Upon completion of a fill operation in accordance with section 30.3.06.1; and, county
engineer receipt of notification from FEMA that a map amendment based on the placement of
fill has been issued; and, at such time as the county engineer is reasonably satisfied that such
fill is stabilized, at a finished grade above the one hundred year flood elevation, and in
compliance with any related conditions imposed by the board of supervisors in approval of a
special use permit; the county engineer shall notify the board of supervisors of such finding.
The board of supervisors shall review such finding for amendment of the flood hazard overlay
district as generally provided in section 33.0 and particularly provided in section 30.3.07. In
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the event of amendment, lands deleted from the flood hazard overlay district shall enjoy all
uses of the underlying zone, as such uses are permitted therein. (Added 2 -5 -05)
2. There are changes through natural or other causes.
3. There are changes indicated by FEMA issuance of letters of map amendment (LOMA) or
letters of map revision (LOMR). (Added 2 -5 -05)
4. There are changes indicated by future detailed hydrologic and hydraulic studies.
All such changes are subject to the review and approval of FEMA.
(§ 30.3.07, 12- 10 -80; Ord. 05- 18(1), 1 -5 -05, effective 2 -5 -05)
30.3.08 WARNING AND DISCLAIMER OF LIABILITY
The degree of flood protection required by this ordinance is considered reasonable for regulatory
purposes and is based on engineering and scientific methods of study. Larger floods may occur on
rare occasions. Flood heights may be increased by man -made or natural causes, such as bridge
openings restricted by fill or debris. This ordinance does not imply that areas outside the flood
hazard overlay district or land uses permitted within such districts will be free from flooding or
flood damage. This ordinance shall not create liability on the part of Albemarle County or any
officer, agency or employee thereof, for any flood damage that results from reliance on this
ordinance or any administrative decision lawfully made hereunder.
30.3.09 RESTORATION OR REPLACEMENT OF NONCONFORMING USES
Irrespective of the provisions of section 6.0 of this ordinance, for the purpose of this section, the
following shall apply to the flood hazard overlay district:
30.3.9.1 If a nonconforming structure or activity is destroyed or damaged in any manner to the extent that
the cost of restoration is equal to or greater than fifty (50) percent of the cost of entire
reconstruction, it shall be restored only if such complies with the requirements of this ordinance.
30.3.9.2 Any substantial improvement or expansion of a nonconforming structure or activity shall comply
with the requirements of this ordinance.
30.3.10 WAIVER, MODIFICATION AND VARIANCE OF REGULATIONS
In order to assure continued qualification for the regular program of the National Flood Insurance
Program, no waiver, modification or variance of the regulations of section 30.3 shall be granted by
any board, commission or officer of Albemarle County until comment has been received from the
Federal Insurance Administration. Notice to the Federal Insurance Administration shall be in
accordance with section 15.2 -2204 of the Code. Failure of the Federal Insurance Administration
to respond within thirty (30) days of such notice shall be deemed tacit agreement with such
request.
In addition to the foregoing and section 34.2, the following shall apply:
1. No variance, modification or waiver shall be granted to section 30.3.4.
2. No variance, modification or waiver shall be granted which would result in any increase in
flood levels during the occurrence of a one hundred year flood discharge.
3. Variance, modification or waiver shall only be issued upon: (a) a finding of good and
sufficient cause; (b) a determination that failure to grant such variance would result in undue
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hardship to the applicant; and (c) a determination that the granting of such variance would not result in
additional threat to public safety, extraordinary public expense, create public nuisance, cause fraud or
victimization of the public or conflict with local laws or ordinances.
4. Where such variance would result in the location, construction or substantial improvement of a
structure below the one hundred year flood elevation, the zoning administrator shall notify the
applicant that such development may result in increased premium rates for flood insurance and that
such development may result in increased hazard to life and property.
The zoning administrator shall maintain records of all such variance applications including such
material considered in review and disposition of the same for review upon request of the Federal
Insurance Administration.
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