HomeMy WebLinkAboutZTA201300007 Legacy Document 2013-11-26 (4)VA Department of Conservation & Recreation DDSFPM October 2011
X. Ordinance Components
The following are are expected to be components of the floodplain management ordinance:
1. Citation of Statutory Authorization (44 CFR 59.22(a)(2)):
Cite the appropriate authorizing legislation for the National Flood Insurance Program, the
National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.), and the state code that
authorize the community to regulate development in the special flood hazard area. In
Virginia, Code Section 15.2 — 2280 applies to a floodplain ordinance that is part of a zoning
ordinance, and Section 10.1 — 600 et seq. applies to a stand -alone ordinance.
2. Purpose (44 CFR 59.2(a)):
This section of the ordinance identifies health, safety and welfare as the reasons for
which the community adopts and enforces their floodplain ordinance.
3. Reference to all subsequent revisions and amendments:
Note this is expected even if you do not allow automatic adoption
4. Abrogation and Greater Restriction section (60.1(b
This is a legal provision that specifies that the ordinance take precedence over less
restrictive requirements.
5. Disclaimer of Liability:
Ordinance administrators fear they could be sued if a person gets flooded or if a building that
they permit is damaged by a flood. Liability is based on negligence; a community is well
defended by a properly administered program. Government agencies are generally not liable
for flood damage unless the flood was caused by a government action.
6. Severability section:
This is a statement that the individual provisions are separable and if any one is ruled
invalid, it does not affect the rest of the ordinance.
7. Framework for administering the ordinance (59.22(b)(1)):
This section should outline the process the community has chosen to administer its
ordinance, including but not limited to outlining the permit system, identifying the office for
administration, system of recordkeeping, etc.
8. Community official signature and certification for adopted ordinance:
The ordinance submitted to the State and FEMA for review must be a complete copy of the
signed official floodplain ordinance.
9. Variance section with evaluation criteria and insurance notice (60.6(a)):
The regulations need to provide a way for people to appeal or request a variance when
they feel that the construction standards are overly harsh or inappropriate. This process
should be handled by a separate body, such as a board of appeals or planning commission;
it should not be left up to the decision of a single person, such as the administrator.
10. Definitions (59.1
The ordinance must clearly define the terms necessary for the ordinance to be understood.
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