HomeMy WebLinkAboutZTA201300003 Executive SummaryCOUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
ZTA 2013 -03 Dam Break Inundation Zones
S U BJ ECT /PROPOSAL /REQU EST:
Public Hearing to Amend the Zoning Ordinance to Comply
with State Requirements Concerning Development in
Dam Break Inundation Zones
STAFF CONTACT(S):
Foley, Walker, Davis, Kamptner, McCulley, Koslow,
Burbage
PRESENTER (S): Amanda Burbage
LEGAL REVIEW: Yes
AGENDA DATE:
December 4, 2013
ACTION: X INFORMATION:
CONSENT AGENDA:
ACTION: INFORMATION:
ATTACHMENTS: Yes
REVIEWED BY:
1113 C
BACKGROUND:
In 2008, the Virginia General Assembly passed legislation requiring localities to undergo a new review process for
development occurring within a dam break inundation zone (Attachment B). According to the Virginia Code, a dam
break inundation zone (DBIZ) is "the area downstream of a dam that would be inundated or otherwise directly affected
by the failure of a dam." Development is defined as "one or more lots developed or to be developed as a unit under
single ownership or unified control which is to be used for any business or industrial purpose or is to contain three or
more dwelling units, but does not include any lot or lots that will be principally devoted to agricultural production."
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. An owner of a State - regulated dam is also
required to provide the locality in which the dam is located with a map of its DBIZ and incorporate all affected
properties into its dam safety emergency action plan. There is currently no timeframe associated with this mandate.
The state requirements place localities in the role of notifying the Virginia Department of Conservation and Recreation
(DCR) when a development is proposed within a DBIZ for which the locality has a map on file so that the plan for
development can be reviewed by DCR for its impacts on a dam's spillway design flood standards.
There are currently 109 state regulated dams in Albemarle County. Community Development's Zoning Division is the
designated point of intake for DBIZ mapping and has received mapping for four of these dams to date. 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 a DBIZ 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 DBIZ.
On April 23, 2013 the Board of Supervisors adopted a resolution of intent to amend the zoning and subdivision
ordinances in order to comply with state requirements (Attachment C). The proposed zoning text amendment
addresses revisions to the site plan review process for properties that fall within a DBIZ. On October 8, 2013 the
Planning Commission recommended adoption of the proposed zoning text amendment and STA 2012 -02, also being
considered by the Board on December 4th, which would make the corresponding changes to the subdivision ordinance
(Attachments D & E).
STRATEGIC PLAN:
Goal 5. Ensure the health and safety of the community.
DISCUSSION:
The proposed ordinance (Attachment A) implements State law and would:
Add definitions for "dam break inundation zone ", "development ", and "impounding structure"
Require that a DBIZ be depicted on the pre - application plan, initial site plan & preliminary plat
Require that if development is within a DBIZ: (1) the dam owner is notified about the proposed development,
and (2) DCR is notified within 10 days to make a determination as to whether or not the proposed
development will impact the dam's spillway design flood standards
AGENDA TITLE: ZTA 2013 -03 Dam Break Inundation Zones
December 4, 2013
Page 2
If DCR determines that spillway design flood standards will be affected by the proposed development, require
that the developer either alter the plan of development so that spillway design flood standards will not be
affected or submit an engineering study with the final site plan to be reviewed by DCR.
Prior to development in a DBIZ that will impact the dam's spillway design flood standards, require the
developer to pay 50% of the costs for necessary upgrades to the dam attributable to the development, plus an
administrative fee not to exceed 1 % of the total amount of payment required or $1,000, whichever is less.
These costs and fees would be paid to the Dam Safety, Flood Prevention and Protection Assistance Fund
held by the Virginia Resources Authority.
When a development within a DBIZ is complete, require the developer to provide the dam owner, the County,
and any other affected localities with information necessary for the dam owner to update the DBIZ map to
reflect any new development within the DBIZ.
BUDGET IMPACT:
Staff does not anticipate that this ordinance will result in the need for additional staff or funding.
RECOMMENDATIONS:
After the public hearing, staff recommends adoption of the proposed ordinance amendment (Attachment A) effective
January 1, 2014.
ATTACHMENTS:
Attachment A: Proposed Zoning Ordinance Amendment
Attachment B: State Code References
Attachment C: Resolution of Intent for Dam Break Inundation Zones ZTA, April 23, 2013
Attachment D: Staff Report — Planning Commission Public Hearing, October 8, 2013
Attachment E: Action Memo — Planning Commission Public Hearing, October 8, 2013
View PC minutes
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