HomeMy WebLinkAbout8/11/2020 - RegularINVOCATION:
Roanoke County
Board of Supervisors
August 11, 2020
PLEDGE OF ALLEGIANCE TO THE UNITED STATES FLAG
Disclaimer:
"Any invocation that may be offered before the official start of the Board meeting
shall be the voluntary offering of a private citizen, to and for the benefit of the
Board. The views or beliefs expressed by the invocation speaker have not been
previously reviewed or approved by the Board and do not necessarily represent
the religious beliefs or views of the Board in part or as a whole. No member of
the community is required to attend or participate in the invocation and such
decision will have no impact on their right to actively participate in the business of
the Board."
Page 1 of 4
Roanoke County
Board of Supervisors
Agenda
August 11, 2020
Good afternoon and welcome to our meeting for August 11, 2020. Regular meetings
are held on the second and fourth Tuesday at 3:00 p.m. Public hearings are held at
7:00 p.m. on the fourth Tuesday of each month. Deviations from this schedule will be
announced.
Because of the present state of emergency, and until further notice, members of
the public are urged not to attend Board of Supervisor meetings in person. All
are encouraged to view and participate in meetings through electronic means.
Meetings may be viewed live on RVTV, Channel 3, or on the County's website
https://roanokecountyva.gov (and accessed by clicking on the "Watch Board
Meetings Online" button). Prior to and during meetings, citizens may share
comments by email (to diacks(&roanokecountyva.gov) or by phone (540-776-
7278). When submitting comments, please include your name and address.
Comments submitted by email and by phone will be read aloud during meetings,
subject to reasonable time limitations.
For those individuals who desire to attend meetings in person, please be advised
that seating modifications and limits have been established in order to facilitate
social distancing; attendees who are not of the same household must sit six feet
apart; and attendance at meetings will be limited to 25 individuals.
A. OPENING CEREMONIES
1. Roll Call
B. REQUESTS TO POSTPONE, ADD TO OR CHANGE THE ORDER OF AGENDA
ITEMS
C. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS
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D. NEW BUSINESS
1. Resolution authorizing Milestone Communications, Inc. to file a Rezoning /
Special Use Permit Application to erect a wireless broadcast tower on property
owned by the Roanoke County Board of Supervisors, located at 420 Swan Drive
(Tax Map No. 061.02-01-51.00-0000), Vinton Magisterial District (Peter Lubeck,
County Attorney)
E. FIRST READING OF ORDINANCES
1. Ordinance authorizing Hazard Pay in the amount of $905,336.80 from CARES
Act Funds and Gratitude Bonus in the amount of $556,012.25 from General
Funds (Due to the Pandemic Disaster, it is requested, upon a four-fifths
vote of the Board, the second reading be waived and the ordinance
adopted as an emergency measure) (Daniel R. O'Donnell, County
Administrator)
2. Ordinance authorizing the relocation of the principal office of the General
Registrar for Roanoke County to the Craig Center, located at 900 Chestnut
Street, in the Vinton Magisterial District (Peter S. Lubeck, County Attorney)
F. APPOINTMENTS
1. Library Board (appointed by District)
2. Parks, Recreation and Tourism (appointed by District)
G. CONSENT AGENDA
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED BY
THE BOARD TO BE ROUTINE AND WILL BE ENACTED BY ONE RESOLUTION IN
THE FORM OR FORMS LISTED BELOW. IF DISCUSSION IS DESIRED, THAT ITEM
WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED
SEPARATELY
1. Approval of minutes — July 28, 2020
H. CITIZENS' COMMENTS AND COMMUNICATIONS
I. REPORTS
1. Unappropriated, Board Contingency and Capital Reserves
2. Outstanding Debt Report
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J. REPORTS AND INQUIRIES OF BOARD MEMBERS
1. Martha B. Hooker
2. Phil C. North
3. P. Jason Peters
4. Paul M. Mahoney
5. David F. Radford
K. WORK SESSIONS
1. Work session to discuss the Virginia Values Act with the Board of Supervisors
(Peter S. Lubeck, County Attorney)
2. Work session to discuss an ordinance amending sections of the Roanoke County
Zoning Ordinance dealing with floodplain regulations with the Board of
Supervisors (Philip Thompson, Director of Planning)
L. ADJOURNMENT
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ACTION NO.
ITEM NO. D.1
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
AGENDA ITEM:
August 11, 2020
Resolution authorizing Milestone Communications, Inc. to
file a Rezoning / Special Use Permit Application to erect a
wireless broadcast tower on property owned by the Roanoke
County Board of Supervisors, located at 420 Swan Drive
(Tax Map No. 061.02-01-51.00-0000), Vinton Magisterial
District
SUBMITTED BY: Peter S. Lubeck
County Attorney
APPROVED BY: Daniel R. O'Donnell
County Administrator
ISSUE:
Resolution authorizing Milestone Communications, Inc. to file a rezoning/ land use
application to erect a wireless broadcast tower on property owned by the Roanoke
County Board of Supervisors, located at 420 Swan Drive (Tax Map No. 061.02-01-51-
00.0000) in the Vinton Magisterial District
BACKGROUND:
By letter of February 11, 2020, Milestone Communications, Inc. ("Milestone") has
proposed to erect a wireless broadcast tower on property located at 420 Swan Drive,
which is part of Stonebridge Park, located in the Vinton Magisterial District.
In order for the Board to properly consider the proposal, Milestone must first submit an
application for a rezoning and a special use permit, and the application must be
reviewed by County staff, the Planning Commission, and the Board of Supervisors,
pursuant to the process set forth in the Roanoke County Zoning Ordinance (Appendix A
to the Roanoke County Code). Pursuant to Section 30-19-2 of the County Code,
because Milestone is not the owner of the property located at Stonebridge Park,
Milestone must first obtain written consent from the Board of Supervisors in order to file
the application.
Page 1 of 2
A rezoning/ special use permit application is necessary because the property at
Stonebridge Park is presently zoned R-1 (low density residential). Pursuant to the
Zoning Ordinance, a wireless broadcast tower may only be erected on property that is
zoned for agricultural, commercial or industrial use, and further requires a special use
permit.
DISCUSSION:
If the Board desires to grant Milestone consent to file the application, it may do so by
resolution. By enacting such a resolution, the Board is not granting approval of
Milestone's request to erect the proposed tower; it is simply allowing Milestone to file
the application and begin the review process. No County representatives have given
Milestone assurance, of any kind, that such an application will ultimately be approved by
the Board of Supervisors.
FISCAL IMPACT:
There is no fiscal impact associated with this resolution.
STAFF RECOMMENDATION:
Staff recommends that if the Board desires to allow Milestone to file the application, it
enact the proposed resolution.
Page 2 of 2
1
Milestone
February 11, 2020
Richard Caywood
Assistant County Administrator
Roanoke County
5204 Bernard Drive
Roanoke, VA 24018
Dear Mr. Caywood,
Enclosed please find a proposal for the development of a wireless tower at Stonebridge Park, 420 Swan
Drive, Vinton, VA 24179.
Milestone Communications and Shenandoah Telecommunications (ShenTel) had previously vetted a site
at William Byrd High School to help fill a network coverage gap by ShenTel in this area, but unfortunately
this location was determined to be unsuitable by the Roanoke County School Board. To address the
immediate interest of ShenTel as well as that of up to four additional wireless carriers, Milestone is
proposing to invest its capital to fund the cost to construct a wireless tower at the Stonebridge Park location
that will provide an annual, recurring revenue stream to Roanoke County of between $12,000 to $48,000
at a minimal commitment of resources.
Milestone is based in Virginia and has partnerships with the Cities of Roanoke, Danville, and Lynchburg,
as well as Augusta and Albemarle Counties, in addition to over 50 school and municipal property owners
in Virginia, Maryland, Florida, and the Carolinas. Thank you for considering this proposal.
Sincerely,
CW&M
Leonard Forkas, Jr.
President
Milestone Communications, Inc.
12110 Sunset Hills Road, Suite 100, Reston VA 20190 W 703-364-5600 1- 703-668-0418 E len@milestonecorp.com
Table of Contents
Section
Company Background_
Proposed Location
Page No.
3
El
Projected Revenue Stream ................................................................................................................. 5.
CommunityOutreach..........................................................................................................................6
Development Process
WirelessSafety----------------------------------------------------------------------------------------------------------------------------------
7
Milestone References10
............................................................................................................................
Executed Contracts
11
Page 2
Company Background
Founded in 2001, Milestone is the leading developer of wireless infrastructure in exclusive
partnership with government, school, and utility landowners. We unlock municipal sites for
wireless infrastructure by bridging the gap between public and private sectors in a community -
friendly way. Milestone has brought together the wireless industry and public landowners to
provide solutions for network coverage priorities and funded over $20 million to our partners.
These public/private collaborative partnerships not only improve public safety and enhance
connectivity for wireless customers, they also generate considerable recurring revenue for our
landowners.
Over the past 19 years, Milestone has built and managed more than 300 wireless structures and
actively markets close to 2,300 properties as potential tower locations in partnership with 50+
municipal landowners in Virginia, Maryland, Delaware, the Carolinas, and Florida. Some of the
factors that define Milestone's expertise include:
• We understand Roanoke County's needs, having worked exclusively with public landowners
for over 19 years.
• We have strong relationships with each of the wireless companies operating in Virginia,
including the radio frequency engineers that design the networks in the region, and have spent
more than a decade getting to know their people, processes, and legal documents.
• We are experts in marketing, leasing, zoning, constructing, managing, and maintaining
wireless infrastructure on municipal land.
• Always cognizant of the fact that one poorly executed zoning application can derail an entire
public-private partnership program, we have developed a highly effective zoning and
community outreach process that is sensitive to the political environment, respectful to the
community, and successful in minimizing risks to our landowner partners.
• Unlike a tower built by a carrier to expand its own network, Milestone has a strong profit motive
to lease to as many carriers as possible, thereby maximizing ground rent to Roanoke County.
Page 3
Proposed Location
Stonebridge Park
ShenTel is requesting a height of 150 feet at this location in order to meet its coverage needs.
The proposed tower would be set back in the forested area of the park, off the right field fence of
the baseball field. The height of the tower would allow up to five carriers to locate on the pole.
Total lease area would be approximately 2,500 square feet at this site. Please see below for
summary of details and an aerial of the proposed site.
Carrier:
Shenandoah Telecommunications
Height:
150' AGL monopole
Compound Space:
Approximately 2,500 SF (50'x 50')
Setbacks:
Southwest — 60'
Southeast — 360'
Northwest — 360'
Northeast — 480'
William Byrd HS — 730'
Nearest Residence — 440'
Address:
420 Swan Drive, Vinton, VA 24179
Page 4
Projected Revenue Stream
Milestone is proposing to obtain all approvals, build, maintain, insure and inspect the towers, and
pay ground rent in exchange for space on the ground to collocate future tenants. The ground
lease term proposed is 10 years with five, 5 -year options to renew. Milestone would share both
the annually recurring revenue and one-time fees with Roanoke County as detailed below:
• Revenue Share - The Roanoke County would receive 40% of all gross rental revenue
received by each carrier that locates on each pole. This escalates at 2.5% per year.
• One-time Fees - In addition to the 40% annually recurring revenue share, a one-time fee is
paid to the Roanoke County of $20,000/per tower constructed, with an additional $5,000 per
carrier collocation.
• No Cost for County Equipment Use -Milestone facilitates Roanoke County or public safety
use of any tower that is constructed on your property. Milestone will reserve a portion of the
structural capacity of each tower constructed for your use, at no cost to Roanoke County.
Below represents the average revenue potential that can be expected on a single pole over a 10 -
year period. Each lease signed with a carrier is for a 10 -year term with four, 5 -year options to
renew, providing an opportunity for annually recurring revenue for up to 30 years.
Average Revenue Potential - If Milestone were to construct one tower with three carrier
collocations, the total revenue to the Roanoke County would be $374,826 over a ten-year
period. Note that there is an average of three carriers on the wireless poles in Milestone's
portfolio.
Year
Cumulative-c;ers
New Leases
2018
2019
2020
2021
2022
2023
2024
2029-
2026
2027
To -al
1
1
1
1
1
1
1
1
1
1
1
Cumulative Leases 1 2 3 3 3 I I I I I3
Fr tyeer =I lease per tower, second yearadd one An -ase, thud year edd one base. Total 3 leases per tower
0 ne-Time F ees
One- imeSiteAccessFees
520,000
520,090
s0
s0
s0
s0
50
s0
s0
s0
50
$20,000
One-imeCarder Fees
$5099
55664
SE. 000
sE.000
so
so
s0
s0
so
so
56
$15000
To1ab0m-TimeFees
$5,080
$S,UO
s0
$6
$0
$0
so
so
Annual Shared Revenue
Escalations
$79,000
517,297
$97,802
$99,975
572,237
$92,5167
$92,907
593,255
$13,613
573,987
$124,374
Annual Shamd Revenue
511,000
511,000
522.000
533.000
633,000
533,000
633,090
323.000
533,000
533,000
533.000
6297,090
AnnuelEscalaticns
2.7%
5E0-
51.scc
52.746=
s?,711
54.702
5:.720
M, 7c:
5 Q3v
5' 9-2
5+42.626
TaffiIA.nnual shared Revenue
$11;006
$22,594
$34,606
$35,746
5361711
$37,702
536,720
$39,766
$40,839
541.942
$339,626
Page 5
Community Outreach
Upon Roanoke County's approval to proceed with each application, Milestone will draft a legal
document describing the ground lease agreement and a detailed schedule detailing all steps of
the process for the Roanoke County's approval — including community and stakeholder outreach,
design development, zoning approval process, ground lease drafting and review, and
construction.
Milestone prides itself on a highly transparent and inclusive entitlement and zoning process that
far surpasses the approach employed by other tower developers in the market. Below is an
outline of the steps we follow for each and every tower we construct to ensure the community is
involved and its voice is heard.
Meet with Key Stakeholders - Before a zoning application is submitted, Milestone schedules
meetings with key stakeholders - including planning staff and elected officials - to review the
application, vet type and location of infrastructure, reach consensus on required procedures, elicit
feedback on key community members and organizations to be contacted, and determine a
boundary of neighboring properties to be notified.
Create Web Page and Mail Postcards to Neighbors - At the time of zoning application
submission, Milestone launches a dedicated public project website that is an easy-to-use and
comprehensive source of information for the community that contains information on each
wireless carrier that is seeking better coverage, the location of the proposed tower, photo
simulations of what the proposed tower will look like, wireless safety information, a schedule of
opportunities for community input, other important dates and contact information. Upon consulting
with landowner staff and planning staff regarding the appropriate notification boundaries,
Milestone mails notifications to community members informing them of the application and
directing them to the public website for more information.
Community Meetings - After notifying the community, Milestone conducts a "town hall"
community meeting to elicit feedback from neighbors and other interested community members.
Public Hearings - During the public hearing we reiterate the application and its merits, provide
expert testimony (propagation, engineering, safety, etc.), and lay out the extensive community
outreach process we have completed, which often helps voting members to take a favorable
position toward our applications.
Page 6
Development Process
Milestone offers a fully integrated end-to-end solution for public landowners seeking to develop
infrastructure on their land. As depicted in the chart below, there are seven major phases, each
with high level tasks, which make up our integrated approach:
• Preparation of Site Plan
• Review by Roanoke County
• Complete Lease Agreement
• Zoning and Community Outreach
• Building Permits and Compliance
• Construction
• Property Management
Milestone's integrated solutions approach ensures complete project continuity through all phases
of the program.
Zoning and
Community
Outreach
Complete Building
Lease Permits and
Agreement Compliance
Approach/
Review
by City Methodology Construction
Overview
Preparation Property
of Site Pian Management
Note that Quality Control is incorporated into
every phase of our methodology and approach.
Page 7
Wireless Safety
The science on the safety of cell tower emissions is clear: There is no reason to believe that
wireless towers constitute a potential health hazard to nearby residents. RF energy levels around
cell towers are so low that they are a thousand times below the safety standard set by the Federal
Communications Commission.
While public anxiety around cell tower safety over the past three decades has been
understandable, it also has produced a wealth of research that should put to rest any remaining
doubts about public safety and cell towers.
Here is a summary of the findings by the nation's leading guardians of public safety:
American Cancer Society'
"The energy of RF waves given off by cell phone towers is not enough to break chemical bonds
in DNA molecules, which is how these stronger forms of radiation may lead to cancer. RF waves
have long wavelengths, which can only be concentrated to about an inch or two in size. This
makes it unlikely that the energy from RF waves could be concentrated enough to affect individual
cells in the body. Even if RF waves were somehow able to affect cells in the body at higher doses,
the level of RF waves present at ground level is very low — well below the recommended limits.
Levels of energy from RF waves near cell phone towers are not significantly different from the
background levels of RF radiation in urban areas from other sources, such as radio and television
broadcast stations."
Federal Communications Commission 2
"Radiofrequency emissions from antennas used for cellular and PCS transmissions result in
exposure levels on the ground that are typically thousands of times below safety limits. These
safety limits were adopted by the FCC based on the recommendations of expert organizations
and endorsed by agencies of the Federal Government responsible for health and safety.
Therefore, there is no reason to believe that such towers could constitute a potential health hazard
to nearby residents or students."
National Cancer Institute 3
"Exposure to ionizing radiation, such as from x-rays, is known to increase the risk of cancer.
However, although many studies have examined the potential health effects of non -ionizing
radiation from radar, microwave ovens, cell phones, and other sources, there is currently no
consistent evidence that non -ionizing radiation increases cancer risk."
1 American Cancer Society: http://www.cancer.org/cancer/cancercauses/othercarcinogens/athome/cellular-
phone-towers
Z Federal Communications Commission: http://transition.fcc.gov/oet/rfsafety/rf-fags.htm]#Q15
s National Cancer Institute: http://www.cancer.gov/cancertopics/factsheet/Risk/cell phones
Page 8
U.S. Food and Drug Administration 4
"Over the past 15 years, scientists have conducted hundreds of studies looking at the biological
effects of the radiofrequency energy emitted by cell phones. While some researchers have
reported biological changes associated with RF energy, these studies have failed to be replicated.
The majority of studies published have failed to show an association between exposure to
radiofrequency from a cell phone and health problems."
"The RF exposures people experience from base stations are typically much lower than from cell
phones because base station antennas are mounted on towers or other building structures and
are thus substantially farther away from the public. Both cell phones and base stations are
required to comply with FCC RF exposure guidelines."
"The energy levels associated with radiofrequency energy, including both radio waves and
microwaves, are not great enough to cause the ionization of atoms and molecules. Therefore, RF
energy is a type of non -ionizing radiation."
World Health Organization 5
"From all evidence accumulated so far, no adverse short- or long-term health effects have been
shown to occur from the RF signals produced by base stations. Since wireless networks produce
generally lower RF signals than base stations, no adverse health effects are expected from
exposure to them."
"Most studies have focused on the RF exposures of mobile phone users. Human and animal
studies examining brain wave patterns, cognition and behavior after exposure to RF fields, such
as those generated by mobile phones, have not identified adverse effects.
"RF exposures used in these studies were about 1,000 times higher than those associated with
general public exposure from base stations or wireless networks. No consistent evidence of
altered sleep or cardiovascular function has been reported."
Fairfax County Public Schools
Fairfax County Public Schools also recently undertook an independent study of the RF emissions
from their sites and found that power density levels for exterior spaces near the towers were
121,793 times lower than the FCC standard.
4 U.S. Food and Drug Administration http://www.fda.gov/Radiation-
EmittingProd ucts/RadiationEmittingProd uctsandProced ures/HomeBusinessandEntertainmen t/CellPhones/ucm116
282. h tm
5 World Health Organization http://www.who.int/peh-emf/publications/facts/fs304/en/
Page 9
Milestone References
City of Roanoke (2017 to present)
Brian Townsend, Assistant City Administrator
215 Church Street
Roanoke, VA 24011
(540) 853-2333, brian.townsend(a�roanokeva.gov
City of Lynchburg (2013 to present)
Bonnie Svrcek, City Manager
3604 Ridgecroft Drive, Lynchburg, VA 24503
(434) 455-3990, bon nie.svrcek(a)lynchburgva.gov
Albemarle County Public Schools (2015 to present)
Joe Letteri, Director of Building Services
401 McIntire Road, Room 333, Charlottesville, VA 22902
(434) 975-9340, iletteriCu)-k12albemarle.org
Augusta County Public Schools
Dr. Eric Bond, Superintendent
18 Government Center Lane
Verona VA 24482
(540)-245-5110, ewbond(a)augusta.k12.va.us
Fairfax County Public Schools, Fairfax VA (2003 to present)
Bob Cordova and Tom Casey, Telecommunication Director
8115 Gatehouse Road, Falls Church VA 22042
703-946-3005, robert.cordova a-fcps.edu / thomas.caseya-fcps.edu
Page 10
Partner List
Atb/ftlalle
Virginia Municipalities
County Public. Schools
AuguM Cc my PuNic Schools
t eftal Vk*" Ewdnc Cooperative
Charles City County Public Schools
CUMbartartd County Public Schools
breunit 1 C+ty
Faktstl City Sctxx:AB
FaNUx County Pubic Schools
Fauquie► County
Fauqu`ar County Pubic Schools
Halifax County Pubk Schools
HamWon Roads Sanrtatron Nod
Into d Wight County Schools
L&jndoun County
Lynch" City
Lynchburg City Schools
Mwossas City
NManassas Park Cmy Schools
Mo Umi Neon EYectnc Cooperative
Mpl a*" County Public Schools
Pnnoe WNlism County
Prince William County Public Schools
Rappahannock Elecir,c Cooperative
Rtvanna Sewer and Water Auttlonty
Rosnoke City
Statlord County
Woe County PlAft Swvios Authority
Maryland Municipalities
Anne Arundel County Public Schools
Caroline County Public Schools
Cecil County
bac✓hestef County Public Schools
irefth* County
Fntys kk County Putriic Schools
Qllaan ArwWs County Pulbl►c S& -ods
Wasttlngilcirt County Pubbc Schools
NlM1mo "ka County Pubk Stihods
Florida Municipalities
Charlotte County Public Schools
Lee County Pubk Schools
North Carolina Municipalities
Now Harxww County
South Carolina. Municipalities
Charleston County
Charleston County Putow Schools
Grenville School Distno
Greenville County
Richland School Distr" Two
Santee Cooper
Page 11
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER, TUESDAY, AUGUST 11, 2020
RESOLUTION AUTHORIZING MILESTONE COMMUNICATION, INC.
TO FILE A REZONING/ SPECIAL USE PERMIT APPLICATION TO
ERECT A WIRELESS BROADCAST TOWER ON PROPERTY OWNED
BY THE ROANOKE COUNTY BOARD OF SUPERVISORS, LOCATED
AT 420 SWAN DRIVE (TAX MAP NO. 061.02-01-51.00-0000), VINTON
MAGISTERIAL DISTRICT
WHEREAS, by letter of February 11, 2020, Milestone Communication, Inc.
("Milestone") has proposed to erect a wireless broadcast tower on property owned by
the Roanoke County Board of Supervisors, located at 420 Swan Drive (Tax Map No.
061.02-01-51-00.0000) in Stonebridge Park in the Vinton Magisterial District; and
WHEREAS, in order for the Board to properly consider Milestone's proposal,
Milestone must first submit an application for a rezoning and a special use permit, and
the application must be reviewed by County staff, the Planning Commission and the
Board of Supervisors, pursuant to the process set forth in the Roanoke County Zoning
Ordinance (Appendix A to the Roanoke County Code); and
WHEREAS, pursuant to Section 30-19-2 of the County Code, because Milestone
is not the owner of the property located at Stonebridge Park, Milestone must first obtain
written consent from the Board of Supervisors in order to file the application; and
WHEREAS, a rezoning and special use permit application is necessary because
the property at Stonebridge Park is presently zoned R-1 (low density residential);
pursuant to the Zoning Ordinance, a wireless broadcast tower may only be erected on
property that is zoned for agricultural, commercial or industrial use, and further requires
a special use permit; and
Page 1 of 2
WHEREAS, no County representatives have given Milestone assurance, of any
kind, that such an application will ultimately be approved by the Board of Supervisors.
NOW THEREFORE, BE IT RESOLVED, by the Board of Supervisors of
Roanoke County, Virginia, that Milestone Communications, Inc. is hereby authorized to
file a rezoning and special use permit application regarding its proposal to erect a
wireless broadcast tower on property located at 420 Swan Drive (Tax Map No. 061.02-
01-51-00.0000) in Stonebridge Park in the Vinton Magisterial District.
Page 2 of 2
ACTION NO.
ITEM NO. E.1
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
AGENDA ITEM:
SUBMITTED BY:
APPROVED BY:
ISSUE:
August 11, 2020
Ordinance authorizing Hazard Pay in the amount of
$905,336.80 from CARES Act Funds and Gratitude Bonus in
the amount of $556,012.25 from General Funds
Rebecca Owens
Assistant County Administrator
Daniel R. O'Donnell
County Administrator
Authorize Hazard Pay in the amount of $905,336.50 from CARES Act funds and
Gratitude Bonus in the amount of $556,012.25 from General Funds
BACKGROUND:
The COVID-19 pandemic created many uncertainties for the County budget. The
original fiscal year budget proposed on March 10, 2020, included a 2.75% across the
board compensation adjustment for County employees, along with funding to be utilized
to address findings from the Compensation Study. As a result of COVID-19 and the
economic downturn, the County was required to revise revenue projections down $11
million over the proposed budget, and salary increases were no longer a possibility.
The approved fiscal year 2021 budget was a maintenance budget and did not include
any salary adjustments for employees.
Additionally, Congress passed and the President recently signed the Coronavirus Aid,
Relief, and Economic Security (CARES) Act of 2020. This Act provides funding for a
number of different programs to address the COVID-19 pandemic. A primary
component of the CARES Act is $150 billion in assistance to state, local, territorial, and
tribal governments for the direct impact of the COVID-19 pandemic through the
establishment of the Coronavirus Relief Fund (CRF).
Page 1 of 3
Allocations were sent to states based on population. Each state received 55 percent of
its share based on total state population and the remaining 45 percent was based on
the local populations of each state's cities and counties. Roanoke County's share was
1.1035% or $8,217,365 as was appropriated on June 23, 2020.
DISCUSSION:
The Board of Supervisors has identified providing hazard pay to uniformed employees
in the departments of Police, Fire and Rescue, and Sheriff and a gratitude bonus to all
other employees as a priority in recognition of employees during COVID-19. Hazard pay
will be funded from CARES Act funds and the gratitude bonus from General Funds.
Uniformed/sworn Roanoke County employees during the COVID-19 pandemic within
the departments of Police, Fire and Rescue, and Sheriff are recommended for hazard
pay and all other employees are recommended for a gratitude bonus as follows:
A) Hazard Pay - From CARES Act funds for Public Safety (Police, Fire & Rescue, and
Sheriff)
-$2,000 for all Full Time Uniformed / Sworn Public Safety Employees
-$1,000 for all regular PT Uniformed / Sworn Public Safety Employees
Hazard pay is not a bonus and reflects a retroactive payment of $200/$100 per pay
period for the ten pay periods from March 20 - July 24 for uniformed/sworn public
safety employees as defined by the CARES Act.
B) Gratitude Bonus - From year end general funds
-$750 for all full time employees not receiving Hazard Pay
-$250 for all regular Part -Time employees not receiving Hazard Pay.
County employees qualifying for the hazard pay/gratitude bonus are further defined as
full-time and regular part-time employees who are in an active pay status at the time the
bonus is paid. Regular full-time employees are those listed in the Roanoke County Pay
Classification Plan. Regular part-time employees are those actively working a regular
weekly schedule during March 20 -July 24 and recommended by the Department
Director. It does not include part-time casuals and temporaries, boards and
commissions.
Section 15.2-1508 of the Code of Virginia, as amended, authorizes the governing body
of any city, county, or town to pay a monetary bonus. The payment of the bonus must
be authorized by ordinance. For consistency and clarity, we are including both hazard
pay and gratitude bonus into the ordinance. As we would like to make this payment to
employees on August 21, 2020, it is requested that the second reading of this ordinance
is dispensed with, upon a 4/5ths vote of the members of the Board.
Page 2 of 3
FISCAL IMPACT:
The cost to provide hazard pay for uniformed/sworn public safety is $905,336.50, which
can be funded with the remaining CARES Act funding after several projects were
delayed and will be funded with the second allocation of CARES Act funding.
The cost to provide gratitude pay is $556,012.25 and can be funded from anticipated
General Fund year end savings. Preliminary year end projections are estimated to result
in savings of approximately $2 million. A work session on year end will be provided on
September 22, 2020, and final audit results late November 2020.
The hazard pay will be funded from CARES Act funds in the amount of $905,336.50
and the gratitude bonus will be funded from anticipated year end General Fund in the
amount of $556,012.25 (see Attachment A).
STAFF RECOMMENDATION:
Staff recommends approval of the ordinance and dispensing with the second reading of
the ordinance upon a 4/5ths vote of the Board of Supervisors.
Page 3 of 3
County Hazard Pay/Gratitude Pay
Sources and Uses
Hazard Pay of 412 FT Uniformed Public Safety employees($ 2,000 each)
FICA
Hazard Pay of 17 PT Uniformed Public Safety employees ($1000 each)
FICA
Gratitude Pay for 614 FT County employees ($750 each)
FICA
Gratitude Pay for 224 PT County employees ($250 each)
FICA
Total
Source
County County
Expenses CARES Act General Fund
$ 824,000.00
887,036.00 $ 887,036.00
17,000.00
1,300.50
18,300.50 18,300.50
460,500.00
495,728.25 $ 495,728.25
56,000.00
4,284.00
60,284.00 60,284.00
$ 1,461,348.75 $ 905,336.50 $ 556,012.25
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, AUGUST 11, 2020
ORDINANCE AUTHORIZING HAZARD PAY IN THE AMOUNT OF $905,336.80
FROM CARES ACT FUNDS AND GRATITUDE BONUS IN THE AMOUNT OF
$556,012.25 FROM GENERAL FUNDS
WHEREAS, the COVID-19 pandemic has created many uncertainties for the County
budget; and
WHEREAS, the original fiscal year 2021 budget, proposed on March 10, 2020, included
a 2.75% across-the-board compensation adjustment for County employees, along with funding
to be utilized to address findings from the recently conducted Compensation Study; and
WHEREAS, as a result of COVID-19 and the resulting economic downturn, the County
was required to decrease revenue projections by $11 million and to eliminate the previously
proposed salary increases; and
WHEREAS, accordingly, the approved fiscal year 2021 budget did not include any salary
adjustments for employees; and
WHEREAS, in order to provide relief to states and localities during the COVID-19
pandemic, the United States Congress passed and the President recently signed the
Coronavirus Aid, Relief, and Economic Security (CARES) Act of 2020; and
WHEREAS, this Act provides funding for a number of different programs to address the
COVID-19 pandemic. A primary component of the CARES Act is $150 billion in assistance to
state, local, territorial, and tribal governments for the direct impact of the COVID-19 pandemic
through the establishment of the Coronavirus Relief Fund (CRF); and
WHEREAS, Roanoke County received $8,217,365 from the CRF, which funds were
appropriated on June 23, 2020; and
WHEREAS, guidance issued by the United States Department of the Treasury, on May
28, 2020, advised that "[t]he Fund is designed to provide ready funding to address unforeseen
Page 1 of 4
financial needs and risk created by the COVID-19 public health emergency. For this reason, as
a matter of administrative convenience in light of the emergency nature of this program, a State,
territorial, local, or Tribal government may presume that payroll costs for public health and
public safety employees are payments for services substantially dedicated to mitigating or
responding to the COVID-19 public health emergency ..." and that the CRF funds may
accordingly be used for such payroll expenses, including hazard pay; and
WHEREAS, it has been proposed that uniformed employees in the departments of
Police, Fire and Rescue, and Sheriff receive hazard pay as recognition for the increased risk
assumed during the COVID-19 pandemic, and that such hazard pay may be funded from
CARES Act funds; and
WHEREAS, it has further been proposed that all other County employees receive a
gratitude bonus as recognition for increased risk assumed during the COVID-19 pandemic, and
that such bonuses be paid from the County's General Funds; and
WHEREAS, Section 15.2-1508 of the 1950 Code of Virginia, as amended, authorizes
the governing body of any locality to pay monetary bonuses to its officers and employees, and
WHEREAS, the Board of Supervisors of Roanoke County deems that it is in its best
interests to authorize the payment of the proposed hazard pay and gratitude bonuses to
recognize the services rendered by County officers and employees during these difficult
economic times; and
WHEREAS, the first reading of this ordinance was held on August 11, 2020; and
because County Administration would like to make such payments to employees on August 21,
2020, the second reading of this ordinance has been dispensed with since an emergency exists,
upon a 4/5ths vote of the members of the Board.
NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
Page 2 of 4
1. The County Administrator is hereby authorized to pay hazard pay to uniformed
employees in the departments of Police, Fire and Rescue, and Sheriff from
previously appropriated CARES Act Funds as follows:
a. Full-time uniformed, sworn public safety employees shall receive $2,000 in
hazard pay.
b. Part-time uniformed, sworn public safety employees shall receive $1,000 in
hazard pay.
c. Such hazard pay is not a bonus, and reflects a retroactive payment of $200/
$100 per pay period for the ten pay periods from March 20 through July 24,
2020 for uniformed / sworn public safety employees, as provided for in the
CARES Act and in guidance provided by the United States Department of the
Treasury regarding expenditure of CARES Act funds.
d. Such total payments from appropriated CARES Act funds may be up to the
amount of $905,336.80.
2. The County Administrator is hereby authorized to pay a gratitude bonus from the
County General Fund to all other Roanoke County officers and employees as
follows:
a. All full-time employees not receiving hazard pay shall receive a $750 bonus.
b. All regular part-time employees not receiving hazard pay shall receive a $250
bonus.
c. Such total payments from the General Fund may be up to the amount of
$556,012.25.
3. County employees qualifying for the hazard pay or gratitude pay bonus are
further defined as full-time and regular part-time employees who are in active pay
status at the time the hazard pay or gratitude pay bonus is paid. Regular part-
time employees are those actively working a regular week schedule during
Page 3 of 4
March 20 through July 24 and recommended by their respective department
director. Part-time casuals and temporaries, and members of boards and
commissions are not eligible for the gratitude bonus.
Page 4 of 4
ACTION NO.
ITEM NO. E.2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
AGENDA ITEM:
SUBMITTED BY:
August 11, 2020
Ordinance authorizing the relocation of the principal office of
the General Registrar for Roanoke County to the Craig
Center, located at 900 Chestnut Street, in the Vinton
Magisterial District
Peter S. Lubeck
County Attorney
APPROVED BY: Daniel R. O'Donnell
County Administrator
ISSUE:
The Relocation of the Principal Office of the General Registrar to the Craig Center,
located at 900 Chestnut Street, in the Vinton Magisterial District.
BACKGROUND:
Section 24.2-411 of the Code of Virginia provides that each local governing body shall
furnish the general registrar with a clearly marked and suitable office which shall be the
principal office for voter registration.
Historically, when the office of the Registrar has been relocated, the Board has
authorized such relocation by ordinance.
During the COVID-19 pandemic, the County's Director of Emergency Services
determined that it was necessary, for safety purposes, to temporarily relocate the office
of the General Registrar from the County administration offices, located at 5204 Bernard
Drive, to the Craig Center, located at 900 Chestnut Street. It has become apparent that
the Craig Center is better able to meet the needs of the General Registrar, and that as
part of the County's continuing response to the COVID-19 pandemic, it would be
prudent to permanently relocate the Registrar to this location.
Page 1 of 2
DISCUSSION:
It is proposed that the Board act to authorize the permanent relocation of the Registrar's
Office to the Craig Center.
FISCAL IMPACT:
CARES Act funding in the amount of $219,000 was previously appropriated to renovate
the facility to accommodate voting changes for no excuse absentee voting and
compliance with the Department of Labor and Industry standards.
STAFF RECOMMENDATION:
Staff recommends that the Board approve the proposed ordinance.
Page 2 of 2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, AUGUST 25, 2020
ORDINANCE AUTHORIZING THE RELOCATION OF THE PRINCIPAL OFFICE
OF THE GENERAL REGISTRAR FOR ROANOKE COUNTY TO THE GRAIG
CENTER, LOCATED AT 900 CHESTNUT STREET IN THE VINTON
MAGISTERIAL DISTRICT
WHEREAS, Section 24.2-411 of the Code of Virginia provides that each local governing
body shall furnish the general registrar with a clearly marked and suitable office which shall be
the principal office for voter registration; and
WHEREAS, during the COVID-19 pandemic, the County's Director of Emergency
Services determined that it was necessary, for safety purposes, to temporarily relocate the
office of the General Registrar for Roanoke County from the County administration offices,
located at 5204 Bernard Drive, to the Craig Center, located at 900 Chestnut Street, in the Vinton
Magisterial District, which property is owned by the Roanoke County Board of Supervisors; and
WHEREAS, it has become apparent that the Craig Center is better able to meet the
ongoing needs of the General Registrar, and that as part of the County's continuing response to
the COVID-19 pandemic, it would be prudent to permanently relocate the General Registrar to
this location; and
WHEREAS, the first reading of this ordinance was held on August 11, 2020; and the
second reading of this ordinance was held on August 25, 2020.
NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County,
Virginia, that the relocation of the principal Office of the General Registrar for the County of
Roanoke to the Craig Center, located at 900 Chestnut Street in the Vinton Magisterial District, is
hereby authorized and approved.
Page 1 of 1
ACTION NO.
ITEM NO. F.1
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
AGENDA ITEM:
SUBMITTED BY:
APPROVED BY:
ISSUE:
August 11, 2020
Appointments to Committees, Commissions and Boards
Deborah C. Jacks
Chief Deputy Clerk to the Board of Supervisors
Daniel R. O'Donnell
County Administrator
Open district appointments.
BACKGROUND:
1. Library Board (appointed by District)
The following District appointments remains open:
Vinton Magisterial District
Windsor Hills Magisterial District
2. Parks, Recreation and Tourism (appointed by District)
Mike Roop's three (3) year term representing the Vinton Magisterial District has
expired effective June 30, 2019.
Open Windsor Hills Magisterial District
FISCAL IMPACT:
There is no fiscal impact associated with this agenda item.
Page 1 of 1
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, AUGUST 11, 2020
RESOLUTION APPROVING AND CONCURRING IN CERTAIN ITEMS SET
FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE
DESIGNATED AS ITEM F- CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
That the certain section of the agenda of the Board of Supervisors for August 11,
2020, designated as Item F - Consent Agenda be, and hereby is, approved and concurred
in as to each item separately set forth in said section designated Items 1, as follows:
1. Approval of minutes — July 28, 2020
Page 1 of 1
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COUNTY OF ROANOKE, VIRGINIA
CHANGES IN OUTSTANDING DEBT
Changes in outstanding debt for the fiscal year to date were as follows
$ 176,726,541 $ -
Outstanding
Deletions August 11, 2020
- $ 948,122
8,546,276 74,515,490
- 81,000,000
8,546,276 156,463,612
- 11,716,653
$ 8,546,276 $ 168,180,265
Submitted By Laurie L. Gearheart
Director of Finance and Management Services
Approved By Daniel R. O'Donnell
County Administrator
Unaudited
Outstanding
June 30, 2020 Additions
General Obligation Bonds
$ 948,122 $ - ;
VPSA School Bonds
83,061,766 -
Lease Revenue Bonds
81,000,000 - _
Subtotal
165,009,888 -
Premiums
11,716,653 -
$ 176,726,541 $ -
Outstanding
Deletions August 11, 2020
- $ 948,122
8,546,276 74,515,490
- 81,000,000
8,546,276 156,463,612
- 11,716,653
$ 8,546,276 $ 168,180,265
Submitted By Laurie L. Gearheart
Director of Finance and Management Services
Approved By Daniel R. O'Donnell
County Administrator
ACTION NO.
ITEM NO. K.1
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
AGENDA ITEM:
SUBMITTED BY:
APPROVED BY:
ISSUE:
August 11, 2020
Work session to discuss the Virginia Values Act with the
Board of Supervisors
Peter S. Lubeck
County Attorney
Daniel R. O'Donnell
County Administrator
This time has been set aside to discuss the Virginia Values Act with the Board of
Supervisors.
Page 1 of 1
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ACTION NO.
ITEM NO. K.2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
AGENDA ITEM:
SUBMITTED BY:
APPROVED BY:
ISSUE:
August 11, 2020
Work session to discuss an ordinance amending sections of
the Roanoke County Zoning Ordinance dealing with
floodplain regulations with the Board of Supervisors
Philip Thompson
Director of Planning
Daniel R. O'Donnell
County Administrator
This time has been set aside to discuss an ordinance amending sections of the
Roanoke County Zoning Ordinance dealing with floodplain regulations with the Board of
Supervisors.
BACKGROUND:
In 2019, the Planning Commission and Planning staff reviewed and prepared
amendments to the County's Zoning Ordinance regarding floodplain
management.
The proposed amendments are consistent with the Virginia Department of
Conservation and Recreation's model ordinance which complies with the
requirements of the Federal Emergency Management Agency's (FEMA) National
Flood Insurance Program (NFIP) regulations.
DISCUSSION:
Amendments are proposed to Article I - General Provisions, Article II - Definitions and
Use Types, and Article III - District Regulations, of the Roanoke County Zoning
Ordinance. The proposed amendments to Article I, Section 30-5, would amend the
powers and duties of the Zoning Administrator; amendments to Article II, Sections 30-28
and 29 would add, amend, and delete definitions associated with floodplain
Page 1 of 2
management; and proposed amendments to Article III, Section 30-74 Floodplain
Overlay District, would add or amend regulatory sections dealing with floodplain
management.
The Planning Commission held a public hearing on these amendments on March 5,
2020. The Planning Commission recommended approval of the proposed amendments.
FISCAL IMPACT:
There is no fiscal impact associated with this presentation.
STAFF RECOMMENDATION:
Staff recommends that the Board of Supervisors receive this information on the draft
amendments to the Zoning Ordinance dealing with floodplain regulations.
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Planning Commission Recommended Zoning Ordinance Amendments DRAFT (Subject to Change)
ARTICLE I — GENERAL PROVISIONS
SEC. 30-5. ZONING ADMINISTRATOR; POWERS AND DUTIES.
(A) The zoning administrator shall serve as the administrator of this ordinance, unless
otherwise specified.
ARTICLE II - DEFINITIONS AND USE TYPES
SEC. 30-28. DEFINITIONS.
(C) For the purposes of this ordinance, the words and phrases listed below in this section
shall have the meanings described below.
Accessory building or structure: A building or structure detached from a principal
building on the same lot and customarily incidental and subordinate to the principal building or
use. Where an accessory building or structure is attached to the principal building in a substantial
manner, as by a wall or roof, such accessory building shall be considered a part of the principal
building. Accessory structures shall not exceed 600 square feet in special flood hazard areas.
Baseflood.- The flood having a one percent chance of being equaled or exceeded in any
given year.
Base flood elevation (BFE): The water surface elevation ._.h".h ,.,.8-=Q ;~ a a i „fa.., a
of the base flood, that is, the
flood level that has a one percent or greater chance of occurrence in any given year
" " The water surface elevation of the base flood in
relation to the datum specified on the community's Flood Insurance Rate Map. For the purpose
of this ordinance, the base flood is the 1% annual chance flood.
Board ofzoning appeals (BZA): The term board of zoning appeals will refer to the
Roanoke County Board of Zoning Appeals ^ . This board
is appointed to review appeals made by individuals with regard to decisions of the zoning
administrator, and in special flood hazard areas the decisions of the floodplain administrator, in
the interpretation of this ordinance. In addition, the BZA is responsible for granting variances
from local zoning regulations.
Conditional letter of map revision (CLOMR): A formal review and comment as to
whether a proposed flood protection project or other project complies with the minimum
National Flood Insurance Program (NFIP) requirements for such projects with respect to
delineation of special flood hazard areas. A CLOMR does not revise the effective Flood
Insurance Rate Map (FIRM) or Flood Insurance Study (FIS).
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Planning Commission Recommended Zoning Ordinance Amendments DRAFT (Subject to Change)
Development: Any manmade change to improved or unimproved real estate including but
not limited to buildings or other structures, temporary structures, mining, dredging, filling,
grading, paving, excavation or drilling operations or other land -disturbing activities, or
permanent or temporary storage of equipment or materials.
Elevated building: A non -basement building built to have the lowest floor elevated above
the ground level by means of solid foundation perimeter walls, pilings, or columns (posts and
piers).
Encroachment: The advance or infringement of uses, plant growth, fill, excavation,
buildings, permanent structures or development into a floodplain, which may impede or alter the
flow capacity of a floodplain.
Existing construction: For the purpose of the flood insurance program, structures for
which the "start of construction" commenced before the effective date of the FIRM for that
location, or before October 17, 1978, for FIRMs effective before that date. "Existing
construction" may also be referred to as "existing structures" and "pre -FIRM."
Flood or flooding:
(1) A general or temporary condition of partial or complete inundation of normally dry
land areas from:
(a) the overflow of inland or tidal waters; or,
(b) the unusual and rapid accumulation or runoff of surface waters from any
source.
(c) Mudflows which are proximately caused by flooding as defined in paragraph
(1)(b) 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.
(2) 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 flash flood or an abnormal tidal surge, or by some similarly unusual
and unforeseeable event which results in flooding as defined in paragraph 1 (a) of this
definition.
Flood insurance rate map (FIRM): An official map of a community, on which the
Federal Emergency Management Agency (FEMA) has delineated both the special hazard areas
and the risk premium zones applicable to the community. A FIRM that has been made available
digitally is called a Digital Flood Insurance Rate Map (DFIRM).
Flood insurance study (FIS): A report by FEMA that examines, evaluates and determines
flood hazards and, if appropriate, corresponding water surface elevations, or an examination,
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Planning Commission Recommended Zoning Ordinance Amendments DRAFT (Subject to Change)
evaluation and determination of mudflow and/or flood -related erosion hazards.
.
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_ _ _. _
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Floodplain administrator: The Floodplain Administrator of Roanoke County, Virginia.
The floodplain administrator shall be responsible for administering the floodplain regulations on
behalf of the county.
Floodproofing: Any combination of structural and non-structural additions, changes, or
adjustments to structures which reduce or eliminate flood damage to real estate or improved real
property, water and sanitary facilities, structures and their contents.
Floodway: The channel of a river or other watercourse and the adjacent land areas that
must be reserved in order to discharge the base flood without cumulatively increasing the water
surface elevation more than a 6ig6 one foot at any point within the community.
Freeboard: A factor of safety usually expressed in feet above a flood level for purposes
of floodplain management. "Freeboard" tends to compensate for the many unknown factors that
could contribute to flood heights greater than the height calculated for a selected size flood and
floodway conditions, such as wave action, bridge openings, and the hydrological effect of
urbanization in the watershed.
Highest adjacent grade: The highest natural elevation of the ground surface prior to
construction next to the proposed walls of a structure.
Hydrologic and hydraulic engineering analysis: Analyses performed by a licensed
professional engineer, in accordance with standard engineering practices that are accepted by the
Virginia Department of Conservation and Recreation and FEMA, used to determine the base
flood, other frequency floods, flood elevations, floodway information and boundaries, and flood
profiles.
Letter of map amendment (LOMA): An amendment based on technical data showing that
a property was incorrectly included in a designated special flood hazard area. A LOMA amends
the current effective Flood Insurance Rate Map and establishes that a Land as defined by metes
and bounds or structure is not located in a special flood hazard area.
Letters of map change (LOMC): A Letter of Map Change is an official FEMA
determination, by letter, that amends or revises an effective Flood Insurance Rate Map or Flood
Insurance Study. Letters of Map Change include Letter of Map Amendment (LOMA), Letter of
Map Revision (LOMR), and Conditional Letter of Map Revision (CLOMR).
Letter of map revision (LOMB): A revision based on technical data that may show
changes to flood zones, flood elevations, floodplain and floodway delineations, and planimetric
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Planning Commission Recommended Zoning Ordinance Amendments DRAFT (Subject to Change)
features. A Letter of Map Revision Based on Fill (LOMR-F) is a determination that a structure or
parcel of land has been elevated by fill above the base flood elevation and is, therefore, no longer
exposed to flooding associated with the base flood. In order to qualify for this determination, the
fill must have been permitted and placed in accordance with the community's floodplain
management regulations.
Lowest adjacent grade: The lowest natural elevation of the ground surface next to the
walls of a structure.
New construction: 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 for that
location, or after October 17, 1978, 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.
Post -FIRM structures: A structure for which construction or substantial improvement
occurred on or after the effective date of the initial FIRM for that location, or on or after October
17, 1978.
Pre-FIRMstructures: A structure for which construction or substantial improvement
occurred before the effective date of the initial FIRM for that location, or before October 17,
1978.
Recreational vehicle: A vehicle, built on a single chassis and measuring 400 square feet
or less at the largest horizontal projection, which can be towed, hauled or driven, designed and
used as temporary living accommodations for recreational, camping or travel uses only.
Recreational vehicles shall include travel trailers, pick-up campers, motor homes, tent trailers or
similar devices used for temporary mobile housing, boats and personal watercraft.
Repetitive loss structure: A building covered by a contract for flood insurance that has
incurred flood -related damages on two occasions in a l0 -year period, in which the cost of the
repair, on the average, equaled or exceeded 25 percent of the market value of the structure at the
time of each such flood event; and at the time of the second incidence of flood -related damage,
the contract for flood insurance contains increased cost of compliance coverage.
Severe repetitive loss structure: A structure that: (a) Is covered under a contract for flood
insurance made available under the NFIP; and (b) Has incurred flood related damage — (i) For
which 4 or more separate claims payments have been made under flood insurance coverage with
the amount of each such claim exceeding $5,000, and with the cumulative amount of such claims
payments exceeding $20,000; or (ii) For which at least 2 separate claims payments have been
made under such coverage, with the cumulative amount of such claims exceeding the market
value of the insured structure.
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Planning Commission Recommended Zoning Ordinance Amendments DRAFT (Subject to Change)
Shallow flooding area: A special flood hazard area with base flood depths from one to
three feet where a clearly defined channel does not exist, where the path of flooding is
unpredictable and indeterminate, and where velocity flow may be evident. Such flooding is
characterized by ponding or sheet flow.
Special flood hazard area: The land in the floodplain subject to a one (1%) percent or
greater chance of being flooded in any given year as determined in Section 30-74-8 of this
ordinance.
Start of construction: For other than new construction and substantial improvement, start
of construction means the date the building permit was issued, provided the actual start of
construction, repair, reconstruction, rehabilitation, addition, placement, substantial improvement
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 the construction
means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether
or not that alteration affects the external dimensions of the building.
Structure: Anything that is constructed or erected with a fixed location on the ground, or
attached to something having a fixed location on the ground, including but not limited to
buildings, signs, manufactured homes and swimming pools. Walls and fences shall not be
deemed structures except as otherwise specifically provided in this ordinance. For floodplain
management purposes, a walled and roofed building, including a gas or liquid storage tank, that
is principally above ground, as well as a manufactured home.
Substantial damage. Damage of any origin sustained by a structure whereby the cost of
restoring the structure to its before damaged condition would equal or exceed fifty (50) percent
of the market value of the structure before the damage occurred. It also means flood -related
damages sustained by a structure on two occasions in a 10 -year period, in which the cost of
repair, on average, equals or exceeds 25 percent of the market value of the structure at the time
of each such flood event.
Substantial improvement. Any reconstruction, rehabilitation, addition, or other
improvement of a structure, the cost of which equals or exceeds fifty (50) percent of the market
value of the structure before the start of construction of the improvement. This term includes
structures which have incurred repetitive loss or substantial damage regardless of the actual
repair work performed. The term does not, however, include
(1) 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
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Planning Commission Recommended Zoning Ordinance Amendments DRAFT (Subject to Change)
by the local code enforcement official which are the minimum necessary to assure
safe living conditions; or
(2) Any alteration of a historic structure provided that the alteration will not preclude
the structure's continued designation as a historic structure; or
(3) Historic structures undergoing repair or rehabilitation that would constitute a
substantial improvement as defined above, must comply with all ordinance
requirements that do not preclude the structure's continued designation as a
historic structure. Documentation that a specific ordinance requirement will cause
removal of the structure from the National Register of Historic Places or the State
Inventory of Historic places must be obtained from the Secretary of the Interior or
the State Historic Preservation Officer. Any exemption from ordinance
requirements will be the minimum necessary to preserve the historic character and
design of the structure.
SEC. 30-29. USE TYPES; GENERALLY.
Sec. 30-29-2. Residential Use Types.
Manufactured home: A structure subject to federal regulation, which is transportable in
one (1) or more sections: is eight (8) body feet or more in width and forty (40) body feet or more
in length in the traveling mode, or is three hundred twenty (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 utilities; and
includes the plumbing, heating, air conditioning, and electrical systems contained in the
structure. For floodplain management purposes also included are park trailers, travel trailers, and
other similar vehicles placed on a site for greater than 180 consecutive days.
ARTICLE III — DISTRICT REGULATIONS
SEC. 30-74. FO FLOODPLAIN OVERLAY DISTRICT.
Sec. 30-74-1. Purpose.
(A) The purpose of the Floodplain Overlay (FO) District is to provide mandatory floodplain
restrictions for Federal Emergency Management Agency (FEMA) compliance. The
purpose of these floodplain provisions is to prevent the following �:
The loss of life, health, or property;
2. The creation of health and safety hazards;
The disruption of commerce and governmental services;
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Planning Commission Recommended Zoning Ordinance Amendments DRAFT (Subject to Change)
4. The extraordinary and unnecessary expenditure of public funds for flood
protection and relief, and
The impairment of the tax base.
(B) These provisions are designed to accomplish the above purposes by:
Regulating uses, activities, and development which, acting alone or in
combination with other existing or future uses, activities, and development, will
cause unacceptable increases in flood heights, velocities, and frequencies;
2. Restricting or prohibiting certain uses, activities, and development from locating
within areas subject to flooding;
Requiring all those uses, activities, and developments that do occur in flood -prone
areas to be protected and/or flood -proofed against flooding and flood damage; and
4. Protecting individuals from buying lands and structures which are unsuited for
intended purposes because of flood hazards.
Sec. 30-74-2. Applicability and Administration.
(A) These provisions shall apply to all lands within the jurisdiction of Roanoke County and
identified as special flood hazard
areas (SFHAs), shown on the flood insurance rate map (FIRM) or included in the flood
insurance study (FIS) provided to Roanoke County by FEMA.
(B) These provisions shall supersede any regulations currently in effect in floodplain areas.
Where conflict exists between these provisions and those of any underlying zoning
district, the more restrictive provisions shall apply.
(C) In the event any provision concerning a floodplain area is declared inapplicable as a
result of any legislative or administrative actions or judicial discretion, the basic
underlying zoning district provisions shall remain applicable.
See. 30-74-3. Compliance.
(A) No land shall hereafter be developed and no structure shall be located, relocated,
constructed, enlarged, or structurally altered except in full compliance with the terms and
provisions of this section and any other applicable ordinances and regulations which
apply to uses within the jurisdiction of this section.
(B) The degree of flood protection sought by the provisions of this section is considered
reasonable for regulatory purposes and is based on acceptable engineering methods of
study, but does not imply total flood protection. Larger floods may occur on rare
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Planning Commission Recommended Zoning Ordinance Amendments DRAFT (Subject to Change)
occasions. Flood heights may be increased by man-made or natural causes, such as ice
jams and bridge openings restricted by debris. This section does not imply that areas
outside floodplain areas, or that land uses permitted within such areas, will be free from
flooding or flood damages.
(C) This ordinance shall not create liability on the part of Roanoke County or any officer or
employee thereof for any flood damages that result from reliance on this ordinance or any
administrative decision lawfully made thereunder.
Sec. 30-74-4. Severability
If any section, subsection, paragraph, sentence, clause, or phrase of this ordinance shall be
declared invalid for any reason whatever, such decision shall not affect the remaining portions of
this ordinance. The remaining portions shall remain in full force and effect; and for this purpose,
the provisions of this ordinance are hereby declared to be severable.
Sec. 30-74-5. Designation of the Floodplain Administrator
The County Administrator shall designate the Floodplain Administrator for Roanoke County.
Sec. 30-74-6. Duties and Responsibilities of the Floodplain Administrator
The duties and responsibilities of the Floodplain Administrator shall include but are not limited
to:
(A) Review applications for permits to determine whether proposed activities will be located
in the Special Flood Hazard Area (SFHA).
(B) Interpret floodplain boundaries and provide available base flood elevation and flood
hazard information.
(C) Review applications to determine whether proposed activities will be reasonably safe
from flooding and require new construction and substantial improvements to meet the
requirements of these regulations.
(D) Review applications to determine whether all necessary permits have been obtained from
the Federal, State or local agencies from which prior or concurrent approval is required;
in particular, permits from state agencies for any construction, reconstruction, repair, or
alteration of a dam, reservoir, or waterway obstruction (including bridges, culverts,
structures), any alteration of a watercourse, or any change of the course, current, or cross
section of a stream or body of water, including any change to the one hundred year
frequency floodplain of free-flowing non -tidal waters of the State.
(E) Verify that applicants proposing an alteration of a watercourse have notified adjacent
communities, the Department of Conservation and Recreation (Division of Dam Safety
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Planning Commission Recommended Zoning Ordinance Amendments DRAFT (Subject to Change)
and Floodplain Management), and other appropriate agencies (Virginia Department of
Environmental Quality (VADEQ), United States Army Corps of Engineers (USACE))
and have submitted copies of such notifications to FEMA.
(F) Approve applications and issue permits to develop in flood hazard areas if the provisions
of these regulations have been met, or disapprove applications if the provisions of these
regulations have not been met.
(G) Inspect or cause to be inspected, buildings, structures, and other development for which
permits have been issued to determine compliance with these regulations or to determine
if non-compliance has occurred or violations have been committed.
(H) Review Elevation Certificates and require incomplete or deficient certificates to be
corrected.
(I) Submit to FEMA, or require applicants to submit to FEMA, data and information
necessary to maintain the FIRM, including hydrologic and hydraulic engineering
analyses prepared by or for Roanoke County, within six months after such data and
information becomes available if the analyses indicate changes in base flood elevations.
(J) Maintain and permanently keep records that are necessary for the administration of these
regulations, including:
Flood Insurance Studies, Flood Insurance Rate Maps (including historic studies
and maps and current effective studies and maps) and Letters of Map Change
(LOMC); and
2. Documentation supporting issuance and denial of permits, Elevation Certificates,
documentation of the elevation (in relation to the datum on the FIRM) to which
structures have been flood -proofed, inspection records, other required design
certifications, variances, and records of enforcement actions taken to correct
violations of these regulations.
(K) Enforce the provisions of these regulations, investigate violations, issue notices of
violations or stop work orders and require permit holders to take corrective action.
(L) Advise the Board of Zoning Appeals (BZA) regarding the intent of these regulations and,
for each application for a variance, prepare a staff report and recommendation.
(M) Administer the requirements related to proposed work on existing buildings:
Make determinations in consultation with the building official as to whether
buildings and structures that are located in flood hazard areas and that are
damaged by any cause have been substantially damaged.
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Planning Commission Recommended Zoning Ordinance Amendments DRAFT (Subject to Change)
2. Make reasonable efforts to notify owners of substantially damaged structures of
the need to obtain a permit to repair, rehabilitate, or reconstruct. Prohibit the non-
compliant repair of substantially damaged buildings except for temporary
emergency protective measures necessary to secure a property or stabilize a
building or structure to prevent additional damage.
(N) Undertake other actions which may include but are not limited to: issuing press releases,
public service announcements, and other public information materials related to permit
requests and repair of damaged structures; coordinating with other Federal, State, and
local agencies to assist with substantial damage determinations; providing owners of
damaged structures information related to the proper repair of damaged structures in
special flood hazard areas; and assisting property owners with documentation necessary
to file claims for Increased Cost of Compliance coverage under the National Flood
Insurance Program (NFIP) flood insurance policies.
(0) Notify FEMA when the corporate boundaries of Roanoke County have been modified
and:
Provide a map that clearly delineates the new corporate boundaries or the new
area for which the authority to regulate pursuant to these regulations has either
been assumed or relinquished through annexation; and
2. If the FIRM for any annexed area includes special flood hazard areas that have
flood zones that have regulatory requirements that are not set forth in these
regulations, prepare amendments to these regulations to adopt the FIRM and
appropriate requirements, and submit the amendments to the governing body for
adoption; such adoption shall take place at the same time as or prior to the date of
annexation and a copy of the amended regulations shall be provided to
Department of Conservation and Recreation (Division of Dam Safety and
Floodplain Management) and FEMA.
(P) Upon the request of FEMA, complete and submit a report concerning participation in the
NFIP which may request information regarding the number of buildings in the SFHA,
number of permits issued for development in the SFHA, and number of variances issued
for development in the SFHA.
(Q) It is the duty of the Floodplain Administrator to take into account flood, mudslide and
flood -related erosion hazards, to the extent that they are known, in all official actions
relating to land management and use throughout the entire jurisdictional area of the
community, whether or not those hazards have been specifically delineated
geographically (e.g. via mapping or surveying).
Sec. 30-74-7. Use and Interpretation of FIRMs
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Planning Commission Recommended Zoning Ordinance Amendments DRAFT (Subject to Change)
The Floodplain Administrator shall make interpretations, where needed, as to the exact location
of SFHAs, floodplain boundaries, and floodway boundaries. The following shall apply to the use
and interpretation of FIRMs and data:
(A) Where field surveyed topography indicates that adjacent ground elevations:
Are below the base flood elevation in riverine SFHAs, even in areas not
delineated as a special flood hazard area on a FIRM, the area shall be considered
as SFHA and subject to the requirements of these regulations;
2. Are above the base flood elevation and the area is labelled as a SFHA on the
FIRM, the area shall be regulated as SFHA unless the applicant obtains a Letter of
Map Change that removes the area from the SFHA.
(B) In FEMA -identified SFHAs where base flood elevation and floodway data have not been
identified and in areas where FEMA has not identified SFHAs, any other flood hazard
data available from a Federal, State, or other source shall be reviewed and reasonably
used.
(C) Base flood elevations and designated floodway boundaries on the FIRM and in the FIS
shall take precedence over base flood elevations and floodway boundaries by any other
sources if such sources show reduced floodway widths and/or lower base flood
elevations.
(D) Other sources of data shall be reasonably used if such sources show increased base flood
elevations and/or larger floodway areas than are shown on the FIRM and in the FIS.
(E) If a Preliminary FIRM and/or a Preliminary FIS has been provided by FEMA:
Upon the issuance of a Letter of Final Determination by FEMA, the preliminary
flood hazard data shall be used and shall replace the flood hazard data previously
provided from FEMA for the purposes of administering these regulations.
2. Prior to the issuance of a Letter of Final Determination by FEMA, the use of
preliminary flood hazard data shall be deemed the best available data pursuant to
Section 30-74-8(A)3 and used where no base flood elevations and/or floodway
areas are provided on the effective FIRM.
Prior to issuance of a Letter of Final Determination by FEMA, the use of
preliminary flood hazard data is permitted where the preliminary base flood
elevations or floodway areas exceed the base flood elevations and/or designated
floodway widths in existing flood hazard data provided by FEMA. Such
preliminary data may be subject to change and/or appeal to FEMA.
Sec. 30-74-48. Delineation of Areas.
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Planning Commission Recommended Zoning Ordinance Amendments DRAFT (Subject to Change)
(A) The various special floods hazard areas shall include the SFHAs areas __j
The basis for the
delineation of these areas shall be the FIS and the FIRM for t4+e
Roanoke County prepared by _a_M_' 9_M _ g. o@5, r �_ �� " N�- FEMA
dated September 28, 2007, as amended, and any subsequent revisions or amendments
thereto.
Roanoke County may identify and regulate local flood hazard and ponding areas that are
not delineated on the FIRM. These areas may be noted on a "Local Flood Hazard Map"
using the best available topographic data and locally derived information such as flood of
record, historic high water marks or approximate study methodologies.
The boundaries of the SFHAs are established as shown on the FIRM which is declared to
be a part of this ordinance and which shall be kept on file at the Roanoke County offices.
These areas are more specifically defined as follows:
The Floodway is part of an AE Zone and is delineated, for purposes of this
section, using the criteria that a certain area within the floodplain must be capable
of carrying the waters of the one percent annual chance flood without
increasing the water surface elevation of that flood more than one foot at any
point. These Floodways are specifically defined in Table 45 of the above
referenced FIS and shown on the accompanying F
FIRM
The following provisions shall apply within the Floodway of an AE zone:
a. Within any floodway area, no encroachments, including fill, new
construction, substantial improvements, or other development shall be
permitted unless it has been demonstrated through hydrologic and
hydraulic analysis performed in accordance with standard engineering
practice that the proposed encroachment will not result in any increase in
flood levels within the community during the occurrence of the base flood
discharge. 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 and other required
information shall be submitted in sufficient detail to allow a thorough
review by the Floodplain Administrator.
Development activities which increase the water surface elevation of the
base flood may be allowed, provided that the applicant first applies — with
Roanoke County's endorsement— for a Conditional Letter of Map
Revision (CLOMR), and receives the approval of the FEMA.
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Planning Commission Recommended Zoning Ordinance Amendments DRAFT (Subject to Change)
Once approved by FEMA, all new construction and substantial
improvements shall comply with all applicable flood hazard reduction
provisions of Sections 30-74-13 and 30-74-15.
b. The placement of manufactured homes (mobile homes) is prohibited,
except in an existing manufactured home park or subdivision. A
replacement manufactured home may be placed on a lot in an existing
manufactured home park or subdivision provided the anchoring, elevation,
and encroachment standards are met.
2. The AE Or AH Zones L." 1— .1. --awas : a �.:;G a At A;
that are designated as
AE or AH Zones on the FIRM accompanying the FIS shall be the areas for which
one percent annual chance flood elevations have been provided l
wand the floodway has not been delineated. The following provisions
shall apply within an AE or AH zone where FEMA has provided base flood
elevations:
a. Until a regulatory floodway is designated, no new construction, substantial
improvements, or other development (including fill) shall be permitted
within the SFHA, designated as Zones AE or AH on the FIRM, unless it is
demonstrated that the cumulative effect of the proposed development,
when combined with all other existing and anticipated development, will
not increase the water surface elevation of the base flood more than one
foot at any point within Roanoke County.
Development activities in Zones AE or AH on the County of Roanoke's FIRM
which increase the water surface elevation of the base flood by more than one foot
may be allowed, provided that the applicant first applies — with Roanoke County's
endorsement — for a CLOMR, and receives the approval of FEMA.
43. The A Zone, or Approximated Floodplain, on the FIRM accompanying the FIS,
shall be those floodplain areas for which
no detailed flood profiles or elevations are provided, but the one percent annual
chance floodplain boundary has been approximated, and all other floodplain areas
where the drainage area is greater than 100 acres. For these areas, the following
provisions shall apply:
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Planning Commission Recommended Zoning Ordinance Amendments DRAFT (Subject to Change)
a. The base flood elevations and floodway information from federal, state,
and other acceptable sources shall be used, when available. Where the
specific one percent annual chance flood elevation cannot be
determined for this area using other sources of data, such as the
GORPS USACE Floodplain Information Reports, U. S.
Geological Survey Flood -Prone Quadrangles, ew--. and similar sources,
then the applicant for the proposed use, development and/or activity shall
determine this base flood elevation
.,
QLQ1J 16a
For development proposed in the approximate
floodplain the applicant must use technical methods that correctly reflect
currently accepted practices, such as point on boundary, high water marks,
or detailed methodologies hydrologic and hydraulic analyses. Studies,
analyses, computations, and other information shall be submitted in
sufficient detail to allow a thorough review by the Floodplain
Administrator.
b. The Floodplain Administrator reserves the right to require a hydrologic
and hydraulic analysis for any development. When such base flood
elevation data is utilized, the lowest floor shall be elevated to or above the
base flood level plus twelve (12) inches for non-residential structures and
twenty-four (24) inches for residential structures.
During the permitting process, the Floodplain Administrator shall obtain:
The elevation of the lowest floor (in relation to mean sea level),
including the basement, of all new and substantially improved
structures; and,
ii. If the structure has been flood -proofed in accordance with the
requirements of Section 30-74, the elevation (in relation to mean
sea level) to which the structure has been flood -proofed.
Base flood elevation data shall be obtained from other sources or developed using
detailed methodologies comparable to those contained in a FIS for subdivision
proposals and other proposed development proposals (including manufactured
home parks and subdivisions) that exceed fifty lots or five acres, whichever is the
lesser.
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Planning Commission Recommended Zoning Ordinance Amendments DRAFT (Subject to Change)
4. The AO Zone, shall be those areas of shallow flooding identified as AO on the
FIRM accompanying the FIS. For these areas, the following provisions shall
apply:
a. All new construction and substantial improvements of residential
structures shall have the lowest floor, including basement, elevated to or
above the flood depth specified on the FIRM, above the highest adjacent
grade at least as high as the depth number specified in feet on the FIRM.
If no flood depth number is specified, the lowest floor, including
basement, shall be elevated no less than two feet above the highest
adjacent grade.
b. All new construction and substantial improvements of non-residential
structures shall:
Have the lowest floor, including basement, elevated to or above the
flood depth specified on the FIRM, above the highest adjacent
grade at least as high as the depth number specified in feet on the
FIRM. If no flood depth number is specified, the lowest floor,
including basement, shall be elevated at least two feet above the
highest adjacent grade; or,
ii: Together with attendant utility and sanitary facilities be completely
flood -proofed to the specified flood level so that any space below
that level is watertight with walls substantially impermeable to the
passage of water and with structural components having the
capability of resisting hydrostatic and hydrodynamic loads and
effects of buoyancy.
Adequate drainage paths around structures on slopes shall be provided to
guide floodwaters around and away from proposed structures.
(B) The mapped floodplain, includes all of the above regions and also the regions designated
as having a 0.2 annual chance of flooding on any flood map or flood insurance study. In
this area, no new emergency service, medical service, or governmental records storage
shall be allowed except through the variance process.
Sec. 30-7449. Creation of Overlay.
(A) The floodplain areas described above shall be an overlay to the existing underlying
zoning districts as shown on the Official Zoning Map, and as such, the provisions for the
floodplain areas shall serve as a supplement to the underlying zoning district provisions.
3/5/20-15
Planning Commission Recommended Zoning Ordinance Amendments DRAFT (Subject to Change)
(B) The boundaries of the floodplain areas are established as shown on the P! --a 1-4* M@@
FIRM which is declared to be part of this chapter and which shall be kept on
file in the office of the Floodplain Aadministrator.
See. 30-74-610. Floodplain Boundary Changes and Interpretation
(A) In regards to jurisdictional boundary changes, the County Floodplain Ordinance in effect
on the date of annexation shall remain in effect and shall be enforced by the municipality
for all annexed areas until the municipality adopts and enforces an ordinance which
meets the requirements for participation in the National Flood Insurance Program.
Municipalities with existing Floodplain Ordinances shall pass a resolution
acknowledging and accepting responsibility for enforcing Floodplain Ordinance
standards prior to annexation of any area containing identified flood hazards. If the
FIRM for any annexed area includes special flood hazard areas that have flood zones that
have regulatory requirements that are not set forth in these regulations, prepare
amendments to these regulations to adopt the FIRM and appropriate requirements, and
submit the amendments to the governing body for adoption; such adoption shall take
place at the same time as or prior to the date of annexation and a copy of the amended
regulations shall be provided to Department of Conservation and Recreation (Division of
Dam Safety and Floodplain Management) and FEMA.
In accordance with the Code of Federal Regulations, Title 44 Subpart (B) Section 59.22
(a) (9) (v) all NFIP participating communities must notify the Federal Insurance
Administration (FIA) and optionally the State Coordinating Office in writing whenever
the boundaries of the community have been modified by annexation or the community
has otherwise assumed or no longer has authority to adopt and enforce floodplain
management regulations for a particular area.
In order that the FIRM accurately represent the community's boundaries, a copy of a map
of the community suitable for reproduction, clearly delineating the new corporate limits
or new area for which the community has assumed or relinquished floodplain
management regulatory authority must be included with the notification.
(413) The delineation of any of the floodplain areas may be revised by
Roanoke County where natural or man-made changes have occurred and/or where more
detailed studies have been conducted or undertaken by
USACE or other qualified agency, or an individual documents the need for such change.
However, prior to any such change, approval must be obtained from
FEMA. A completed LOMR is a record of this approval.
(44C) Initial interpretations of the boundaries of the floodplain areas shall be made by the
Floodplain Aadministrator. Should a dispute arise concerning the boundaries of any of
the floodplain areas, the BZA shall make the necessary
determination. The person questioning or contesting the location of the floodplain area
boundary shall be given an opportunity to present his case to the
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Planning Commission Recommended Zoning Ordinance Amendments DRAFT (Subject to Change)
BZA and to submit technical evidence. Procedures for such appeals shall be as outlined
in Section 30-24 of this ordinance.
Sec. 30-74-11. Submitting Model Backed Technical Data
A community's base flood elevations may increase or decrease resulting from physical changes
affecting flooding conditions. As soon as practicable, but not later than six (6) months after the
date such information becomes available, a community shall notify FEMA of the changes by
submitting technical or scientific data. Such a submission is necessary so that upon confirmation
of those physical changes affecting flooding conditions, risk premium rates and floodplain
management requirements will be based upon current data.
Sec. 30-74-12. Letters of Map Revision (LOMR)
(A) When development in the floodplain will cause or causes a change in the base flood
elevation, the applicant, including state agencies, must notify FEMA by applying for a
CLOMR and then a LOMR. Example cases may include, but not be limited to:
Any development within the floodway that causes a rise in the base flood
elevations.
2. Any development occurring in Zones Al -30 and AE without a designated
floodway, which will cause a rise of more than one foot in the base flood
elevation.
Alteration or relocation of a stream (including but not limited to installing culverts
and bridges) 44 Code of Federal Regulations §65.3 and §65.6(a)(12).
Sec. 30-74-413. Floodplain Area Provisions, Generally.
(A) All uses, activities, and development occurring within any floodplain area, including
placement of manufactured homes, shall be undertaken only upon the issuance of a
permit. Such development shall be undertaken only in strict compliance with the
provisions of this section and with all other applicable codes and ordinances such as the
Virginia Uniform Statewide Building Code (VA USBC) and the Roanoke County
Subdivision Ordinance. Prior to the issuance of any such permit, the Floodplain
Aodministrator shall require all applications to include compliance with all applicable
state and federal laws and shall review all sites to assure they are reasonably safe from
flooding. Under no circumstances shall any use, activity, and/or development adversely
affect the capacity of the channels or floodways or any watercourse, drainage ditch, or
any other drainage facility or system.
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Planning Commission Recommended Zoning Ordinance Amendments DRAFT (Subject to Change)
(4413) All applications for development in the floodplain district and all building permits issued
for the floodplain shall incorporate the following information:
For structures to be elevated, the elevation of the lowest floor (including
basement).
2. For structures to be flood -proofed (non-residential only), the elevation to which
the structure will be flood -proofed.
The elevation of the base flood at the site.
4. Topographic information showing existing and proposed ground elevations.
(F!�C) For all new subdivisions which adjoin or include floodplain areas identified in the
FIS, the base flood elevation shall be shown on the final record plat.
(D) The following provisions shall apply to all permits:
New construction and substantial improvements shall be built according to
Section 30-74-8 of this ordinance and the VA USBC, and anchored to prevent
flotation, collapse or lateral movement of the structure.
2. Manufactured homes shall be anchored to prevent flotation, collapse, or lateral
movement. Methods of anchoring may include, but are not limited to, use of
over -the -top or frame ties to ground anchors. This standard shall be in addition to
and consistent with applicable state anchoring requirements for resisting wind
forces.
New construction and substantial improvements shall be constructed with
materials and utility equipment resistant to flood damage.
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Planning Commission Recommended Zoning Ordinance Amendments DRAFT (Subject to Change)
4. New construction or substantial improvements shall be constructed by methods
and practices that minimize flood damage.
Electrical, heating, ventilation, plumbing, air conditioning equipment and other
service facilities, including duct work, shall be designed and/or located so as to
prevent water from entering or accumulating within the components during
conditions of flooding.
6. New and replacement water supply systems shall be designed to minimize or
eliminate infiltration of flood waters into the system.
7. New and replacement sanitary sewage systems shall be designed to minimize or
eliminate infiltration of flood waters into the systems and discharges from the
systems into flood waters.
On-site waste disposal systems shall be located and constructed to avoid
impairment to them or contamination from them during flooding.
9. Prior to any proposed alteration or relocation of any channels or of any
watercourse, stream, or other water feature, within this jurisdiction a permit shall
be obtained from the USACE, the VADEQ, and the Virginia Marine Resources
Commission (a j oint permit application is available from any of these
organizations). Furthermore, in riverine areas, notification of the proposal shall
be given by the applicant to all affected adjacent jurisdictions, the Virginia
Department of Conservation and Recreation (Division of Dam Safety and
Floodplain Management), other required agencies, and FEMA.
10. The flood carrying capacity within an altered or relocated portion of any
watercourse shall be maintained.
IN I NO "1 110111
Sec. 30-74-8-14. Floodway Development Regulations.
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Planning Commission Recommended Zoning Ordinance Amendments DRAFT (Subject to Change)
(A) In the floodway no development shall be permitted except where the effect of such
development on flood heights is fully offset by accompanying improvements which have
been approved by all appropriate authorities as required above.
(B) The placement of any manufactured home, except in an existing manufactured home park
within the floodway is specifically prohibited.
(C) In the floodway, the following uses, types and activities are permitted provided that (1)
they are in compliance with the provisions of the underlying zoning district, (2) are not
prohibited by any other ordinance and (3) no specific land use requires any type of
structure, fill, or storage of materials and equipment:
1. Agricultural
2. Public Parks and Recreational Areas
3. Outdoor Sports and Recreation
4. Golf Courses
5. Accessory residential uses such as yard areas, gardens, play areas, and loading areas.
6. Accessory industrial and commercial uses such as, but not limited to, yard areas,
parking and loading areas, and airport landing strips.
_
FROM wt� .
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Planning Commission Recommended Zoning Ordinance Amendments DRAFT (Subject to Change)
SME
rM
S
- --------------
------------- -
Sec. 30-74-15. Elevation and Construction Standards
In all identified flood hazard areas where base flood elevations have been provided in the FIS or
generated by a certified professional in accordance with Section 30-74-8, the following
provisions shall apply:
(A) Residential Construction
New construction or substantial improvement of any residential structure (including
manufactured homes) in Zones AE, AH and A with detailed base flood elevations shall
have the lowest floor, including basement, elevated to or above the base flood level plus
twenty-four (24) inches.
(B) Non -Residential Construction
New construction or substantial improvement of any commercial, industrial, or
non-residential building (or manufactured home) shall have the lowest floor,
including basement, elevated to or above the base flood level plus twelve (12)
inches.
2. Non-residential buildings located in all AE, and AH zones may be flood -proofed
in lieu of being elevated provided that all areas of the building components below
the elevation corresponding to the BFE plus two feet are water tight with walls
substantially impermeable to the passage of water, and use structural components
having the capability of resisting hydrostatic and hydrodynamic loads and the
effect of buoyancy. A registered professional engineer or architect shall certify
that the standards of this subsection are satisfied. Such certification, including the
specific elevation (in relation to mean sea level) to which such structures are
flood -proofed, shall be maintained by the Floodplain Administrator.
(C) Space below the Lowest Floor
In zones A, AE, AH, and AO, fully enclosed areas, of new construction or substantially
improved structures, which are below the regulatory flood protection elevation shall:
Not be designed or used for human habitation, but shall be used solely for parking
of vehicles, building access, or limited storage of maintenance equipment used in
connection with the premises. Access to the enclosed area shall be the minimum
necessary to allow for parking of vehicles (garage door) or limited storage of
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Planning Commission Recommended Zoning Ordinance Amendments DRAFT (Subject to Change)
maintenance equipment (standard exterior door), or entry to the living area
(stairway or elevator).
2. Be constructed entirely of flood resistant materials below the regulatory flood
protection elevation;
Include measures to automatically equalize hydrostatic flood forces on walls by
allowing for the entry and exit of floodwaters. To meet this requirement, the
openings must either be certified by a professional engineer or architect or meet
the following minimum design criteria:
a. Provide a minimum of two openings on different sides of each enclosed
area subject to flooding.
b. The total net area of all openings must be at least one (1) square inch for
each square foot of enclosed area subject to flooding.
If a building has more than one enclosed area, each area must have
openings to allow floodwaters to automatically enter and exit.
d. The bottom of all required openings shall be no higher than one (1) foot
above the adjacent grade.
e. Openings may be equipped with screens, louvers, or other opening
coverings or devices, provided they permit the automatic flow of
floodwaters in both directions.
Foundation enclosures made of flexible skirting are not considered
enclosures for regulatory purposes, and, therefore, do not require
openings. Masonry or wood underpinning, regardless of structural status,
is considered an enclosure and requires openings as outlined above.
(D) Accessory Structures
Accessory structures in the SFHA shall comply with the elevation requirements and other
requirements of 30-74-15(B) or, if not elevated or dry flood -proofed, shall:
Not be used for human habitation;
2. Be limited to no more than 600 square feet in total floor area;
Be useable only for parking of vehicles or limited storage;
4. Be constructed with flood damage -resistant materials below the base flood
elevation;
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Planning Commission Recommended Zoning Ordinance Amendments DRAFT (Subject to Change)
5. Be constructed and placed to offer the minimum resistance to the flow of
floodwaters;
6. Be anchored to prevent flotation;
7. Have electrical service and mechanical equipment elevated to or above the base
flood elevation;
8. Shall be provided with flood openings which shall meet the following criteria:
a. There shall be a minimum of two flood openings on different sides of each
enclosed area; if a building has more than one enclosure below the lowest
floor, each such enclosure shall have flood openings on exterior walls.
b. The total net area of all flood openings shall be at least 1 square inch for
each square foot of enclosed area (non -engineered flood openings), or the
flood openings shall be engineered flood openings that are designed and
certified by a licensed professional engineer to automatically allow entry
and exit of floodwaters; the certification requirement may be satisfied by
an individual certification or an Evaluation Report issued by the ICC
Evaluation Service, Inc.
C. The bottom of each flood opening shall be 1 foot or less above the higher
of the interior floor or grade, or the exterior grade, immediately below the
opening.
d. Any louvers, screens or other covers for the flood openings shall allow the
automatic flow of floodwaters into and out of the enclosed area.
(E) Standards for Manufactured Homes and Recreational Vehicles
1. All manufactured homes placed, or substantially improved, on individual lots or
parcels, must meet all the requirements for new construction, including the
elevation and anchoring requirements in Section 30-74-13 and Section 30-74-15.
2. All recreational vehicles located in a FEMA designated floodplain shall either:
a. Be on site for fewer than one hundred eighty (180) consecutive days, be fully
licensed and inspected, and ready for highway use; or
b. Meet the minimum requirements for placement and the elevation and
anchoring requirements for manufactured homes as contained in the VA
USBC; or
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Planning Commission Recommended Zoning Ordinance Amendments DRAFT (Subject to Change)
C. Be fully licensed and highway ready. A recreational vehicle is ready for
highway use if it is on its wheels or jacking system, is attached to the site only
by quick disconnect type utilities and security devices, and has no
permanently attached additions.
(F) Standards for Subdivision Proposals
All subdivision proposals shall be consistent with the need to minimize flood
damage;
2. All subdivision proposals shall have public utilities and facilities such as sewer,
gas, electrical and water systems located and constructed to minimize flood
damage;
All subdivision proposals shall have adequate drainage provided to reduce
exposure to flood hazards; and
4. When the FIS does not provide detailed base flood elevations, base flood
elevation data shall be obtained from other sources or developed using detailed
methodologies, hydraulic and hydrologic analysis, comparable to those contained
in a Flood Insurance Study for subdivision proposals and other proposed
development proposals (including manufactured home parks and subdivisions)
that exceed fifty lots or five acres, whichever is the lesser.
Sec. 30-74-1=16. Existing Structures in Floodplain Areas.
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Planning Commission Recommended Zoning Ordinance Amendments DRAFT (Subject to Change)
(A) Any structure or use of a structure or premises WMA
must be brought into conformity with
these provisions when it is changed, repaired, or improved unless one of the following
exceptions is established before the change:
The Floodplain
Administrator has determined that:
a. Change is not a substantial repair or substantial improvement; and
b. No new square footage is being built in the floodplain that is not
compliant; and
No new square footage is being built in the floodway; and
d. The change complies with the zoning ordinance and the VA USBC.
2. 1 WOR,
Bttilding The changes are
required to comply with a citation for a health and safety violation.
The structure is a historic structure and the change requires would impair the
historic nature of the structure.
------------
! - -
ii1T1'
3/5/20-25
Planning Commission Recommended Zoning Ordinance Amendments DRAFT (Subject to Change)
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3/5/20-26
Planning Commission Recommended Zoning Ordinance Amendments DRAFT (Subject to Change)
Sec. 30-74-1=1=7. Variances.
--------------
(A) Variances shall be issued only upon a showing of good and sufficient cause, and after the
BZA has determined that failure to grant the variance would result in exceptional
hardship to the applicant.
While the granting of variances generally is limited to a lot size less than one-half acre,
deviations from that limitation may occur. However, as the lot size increases beyond
one-half acre, the technical justification required for issuing a variance increases.
Variances may be issued by the BZA for new construction and substantial improvements
to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots
with existing structures constructed below the base flood level, in conformance with the
provisions of this Section.
Variances may be issued for new construction and substantial improvements and for
other development necessary for the conduct of a functionally dependent use provided
that the criteria of this Section are met, and the structure or other development is
protected by methods that minimize flood damages during the base flood and create no
additional threats to public safety.
In passing upon applications for variances, the BZA shall satisfy all relevant factors and
procedures set forth in Section 30-24-1 et seq. of the zoning ordinance and consider the
following additional factors:
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
3/5/20-27
Planning Commission Recommended Zoning Ordinance Amendments DRAFT (Subject to Change)
in the one percent (1%) chance 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 county.
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 county.
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
flood waters expected at the site.
12. The historic nature of a structure. Variances for repair or rehabilitation of historic
structures may be granted upon a determination that the proposed repair or
rehabilitation will not preclude the structure's continued designation as a historic
structure and the variance is the minimum necessary to preserve the historic
character and design of the structure.
13. No variance shall be granted for an accessory structure exceeding 600 square feet.
14. Such other factors which are relevant to the purposes of this Ordinance.
(B) The BZA 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 protection and other
3/5/20-28
Planning Commission Recommended Zoning Ordinance Amendments DRAFT (Subject to Change)
related matters. Variances shall only be issued after the BZA has
determined that the granting of such will not result in:
Unacceptable or prohibited increases in flood heights;
2. Additional threats to public safety;
Extraordinary public expense;
4. Creation of nuisances;
Fraud or victimization of the public; or,
6. Conflict with local laws or ordinances.
Variances shall only be issued after the BZA has determined that
the variance will be the minimum to provide relief
(C) The BZA shall notify the applicant for a variance, in writing, that
the issuance of a variance to construct a structure below the one percent (1%)
flood elevation (a) increases the risks to life and property, and (b) will result in increased
premium rates for flood insurance. A record of the above notification as well as all
variance actions, including justification for their issuance, shall be maintained and any
variances which are issued shall be noted in the annual report submitted to the
FIA.
Sec. 30-74-18. Records.
Records of actions associated with administering this ordinance shall be kept on file and
maintained by or under the direction of the Floodplain Administrator in perpetuity.
Sec. 30-74-19. Violations.
The failure of a structure or other development to be fully compliant with the county's floodplain
management regulations shall be considered a violation. A structure or other development
without the elevation certificate, other certifications, or other evidence of compliance required in
Sections 30-74-13 (9), 30-74-15 (B) 2, 30-74-15 (E) 4, and 30-74-16 (A) is presumed to be in
violation until such time as that documentation is provided.
Sec. 30-74-20. Penalty for Violations
Section 30-22 of the Zoning Ordinance contains provisions for enforcement of this section and
penalties that apply for violations.
3/5/20-29
Planning Commission Recommended Zoning Ordinance Amendments DRAFT (Subject to Change)
3/5/20-30
Virginia Department of Conservation and Recreation (July 5, 2017 Version)
XV. Example Floodplain Management Ordinance
This is an example of an ordinance that could be used by municipalities to comply with the
requirements of the Federal Emergency Management Agency's (FEMA) National Flood Insurance
Program (NFIP) regulations. Your municipal attorney and engineer should be consulted to make
this fit the needs of your community.
In using these provisions, certain things must be understood and kept in mind:
➢ These provisions should be modified to reflect the kinds of flooding hazards in your
community as well as the community's circumstances, objectives, or policies.
➢ These provisions have been prepared only with the intention of meeting the minimum
requirements of the FEMA NFIP regulations and the Virginia Uniform State Building Code
(USBC).
➢ The Department of Conservation and Recreation (DCR) suggests that in some cases the
minimum standards provide insufficient protection, create a risk of higher than necessary
insurance rates, or create a more complex program. In these cases we have recommended
specific higher standards or excluded additional complex options. We do this with italics
and try to explain why the change is recommended or a provision might require additional
attention in a footnote. Local requirements (higher standards) are encouraged, such as those
under the Community Rating System (CRS) for example, and are supported by the Federal
Emergency Management Agency and DCR The more restrictive local regulations are
recognized as taking precedence over the federal minimum guidelines.
➢ The needs, circumstances, and objectives of communities are diverse and the development
of a single model ordinance or set of provisions for use by all is unrealistic to produce and
what is provided may be subject to community revisions to meet individualized needs.
➢ This document is a template highlighting minimum requirements a community must have
in their ordinance pursuant to federal requirements. You must make certain changes in
order for this template to act as a document that meets 44 CFR requirements for your
community. Changes required are as follows:
o Replace text {community} throughout the document with the name of the
community adopting the ordinance.
o Add the date of the community's effective Flood Insurance Rate Map (FIRM) and
Flood Insurance Study (FIS) to the first paragraph of Article III, Section 3.1.A as
indicated.
o Adopt, sign and date the ordinance as described in Article VII.
If there are any questions concerning these suggested provisions or concerning the National Flood
Insurance Program, please contact DCR's Division of Dam Safety and Floodplain Management at
(804) 371-6095 or the FEMA Region 3 Office at (215) 931-5500.
Virginia Department of Conservation and Recreation (July 5, 2017 Version)
Contents
ORDINANCENO..................................................................................................................
3
ARTICLE I -
GENERAL PROVISIONS.......................................................................................
3
Section 1.1
— Statutory Authorization and Purpose [44 CFR 59.22(a)(2)] .................................
3
Section1.2
— Applicability.........................................................................................................
4
Section 1.3
- Compliance and Liability......................................................................................
4
Section 1.4
— Records [44 CFR 59.22(a)(9)(iii)]........................................................................
4
Section 1.5
- Abrogation and Greater Restrictions [44 CFR 60.1(b)] ........................................
4
Section1.6
- Severability............................................................................................................
5
Section 1.7
- Penalty for Violations [44 CFR 60.2(e)]...............................................................
5
ARTICLE II -
ADMINISTRATION..............................................................................................
6
Section 2.1
- Designation of the Floodplain Administrator [44 CFR 59.22(b)] .........................
6
Section 2.2
- Duties and Responsibilities of the Floodplain Administrator [44 CFR 60.3] .......
6
Section 2.3
- Use and Interpretation of FIRMS [44 CFR 60.3] ...................................................
8
Section 2.4
- Jurisdictional Boundary Changes [44 CFR 59.22, 65.3] .......................................
9
Section 2.5
- District Boundary Changes..................................................................................
10
Section 2.6
- Interpretation of District Boundaries...................................................................
10
Section 2.7
— Submitting Model Backed Technical Data [44 CFR 65.3] .................................
10
Section 2.8
— Letters of Map Revision......................................................................................
10
ARTICLE III
- ESTABLISHMENT OF ZONING DISTRICTS .................................................
12
Section 3.1
- Description of Special Flood Hazard Districts [44 CFR 59.1, 60.3] ...................
12
Section3.2
- Overlay Concept..................................................................................................
17
ARTICLE IV
- DISTRICT PROVISIONS [44 CFR 59.22, 60.2, 60.3] ......................................
18
Section 4.1
— Permit and Application Requirements................................................................
18
Section 4.2
- General Standards................................................................................................
18
Section 4.3
- Elevation and Construction Standards [44 CFR 60.3] ........................................
19
Section 4.4
- Standards for Subdivision Proposals...................................................................
23
ARTICLE V
— EXISTING STRUCTURES IN FLOODPLAIN AREAS ...................................
24
ARTICLE VI
- VARIANCES: FACTORS TO BE CONSIDERED [44 CFR 60.6] ...................
25
ARTICLE VII
- GLOSSARY [44 CFR 59.1]..............................................................................
28
ARTICLE VIII
— ENACTMENT.................................................................................................
34
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Virginia Department of Conservation and Recreation (July 5, 2017 Version)
ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE NO. , THE ZONING ORDINANCE OF
{community} VIRGINIA, BY ESTABLISHING FLOODPLAIN DISTRICTS, BY REQUIRING
THE ISSUANCE OF PERMITS FOR DEVELOPMENT, AND BY PROVIDING FACTORS
AND CONDITIONS FOR VARIANCES TO THE TERMS OF THE ORDINANCES.
BE IT ENACTED AND ORDAINED BY THE {community}, Virginia, as follows:
ARTICLE I - GENERAL PROVISIONS
Section 1.1 — Statutory Authorization and Purpose [44 CFR 59.22(a)(2)1
Va. Code § 15.2-2283 specifies that zoning ordinances shall be for the general purpose of
promoting the health, safety, or general welfare of the public and of further accomplishing the
objectives of § 15.2-2200 which encourages localities to improve the public health, safety,
convenience, and welfare of their citizens. To these ends, flood ordinances shall be designed to
provide for safety from flood, to facilitate the provision of flood protection, and to protect against
loss of life, health, or property from flood.
In accordance with these directed provisions, this ordinance is specifically adopted pursuant to the
authority granted to localities by Va. Code § 15.2 - 2280.
The purpose of these provisions is to prevent: the loss of life, health, or 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; and,
D. Protecting individuals from buying land and structures which are unsuited for intended
purposes because of flood hazards.
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Section 1.2 — Applicability
These provisions shall apply to all privately and publicly owned lands within the jurisdiction of
{community} and identified as areas of special flood hazard identified by the communityi or shown
on the flood insurance rate map (FIRM) or included in the flood insurance study (FIS) that are
provided to the {community} by FEMA.
Section 1.3 - Compliance and Liability
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 ordinance and any other applicable ordinances and
regulations which apply to uses within the jurisdiction of this ordinance.
B. The degree of flood protection sought by the provisions of this ordinance is considered
reasonable for regulatory purposes and is based on acceptable engineering methods of
study, but does not imply total flood protection. Larger floods may occur on rare occasions.
Flood heights may be increased by man-made or natural causes, such as ice j ams and bridge
openings restricted by debris. This ordinance 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 ordinance shall not create liability on the part of {community} or any officer of
employee thereof for any flood damages that result from reliance on this ordinance or any
administrative decision lawfully made thereunder.
Section 1.4 — Records F44 CFR 59.22(a)(9)(iii)]
Records of actions associated with administering this ordinance shall be kept on file and
maintained by or under the direction of the Floodplain Administrator in perpetuity.
Section 1.5 - Abrogation and Greater Restrictions [44 CFR 60.1(b)]
To the extent that the provisions are more restrictive, this ordinance supersedes any ordinance
currently in effect in flood -prone districts. To the extent that any other existing law or regulation
is more restrictive or does not conflict it shall remain in full force and effect.
These regulations are not intended to repeal or abrogate any existing ordinances including
subdivision regulations, zoning ordinances, or building codes. In the event of a conflict between
these regulations and any other ordinance, the more restrictive shall govern.
1 Communities have the authority and are encouraged to regulate areas known to flood that do not appear in the FIRM
or FIS. Even if you have not identified areas of flood risk that are not included in FEMA's products you might want
to adopt this higher standard to reserve the option to identify and regulate locally known risk areas.
2 This is a requirement to participate in the NFIP and is more restrictive then the Library of Virginia policy. If these
records are not available, there is no way to show that a structure was built in compliance with the regulations at the
time. Maintaining these records is the only way the community can show that it has been fairly administering the
program -
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Section 1.6 - Severability
If any section, subsection, paragraph, sentence, clause, or phrase of this ordinance shall be declared
invalid for any reason whatever, such decision shall not affect the remaining portions of this
ordinance. The remaining portions shall remain in full force and effect; and for this purpose, the
provisions of this ordinance are hereby declared to be severable.
Section 1.7 - Penalty for Violations F44 CFR 60.2(e
Any person who fails to comply with any of the requirements or provisions of this article or directions
of the director of planning or any authorized employee of the {community} shall be guilty of the
appropriate violation and subject to the penalties thereof.
The VA USBC addresses building code violations and the associated penalties in Section 104 and
Section 115. Violations and associated penalties of the Zoning Ordinance of {community} are
addressed in Section of the Zoning Ordinance.
In addition to the above penalties, all other actions are hereby reserved, including an action in equity
for the proper enforcement of this article. The imposition of a fine or penalty for any violation of,
or noncompliance with, this article shall not excuse the violation or noncompliance or permit it to
continue; and all such persons shall be required to correct or remedy such violations within a
reasonable time. Any structure constructed, reconstructed, enlarged, altered or relocated in
noncompliance with this article may be declared by the {community} to be a public nuisance and
abatable as such. Flood insurance may be withheld from structures constructed in violation of this
article. 3
3 If this is not a part of the zoning ordinance specific fines and penalties will need to be adopted instead.
Virginia Department of Conservation and Recreation (July 5, 2017 Version)
ARTICLE II - ADMINISTRATION
Section 2.1 - Designation of the Floodplain Administrator [44 CFR 59.22(b)]
The Floodplain Administrator is hereby appointed to administer and implement these regulations
and is referred to herein as the Floodplain Administrator. The Floodplain Administrator may:
A. Do the work themselves. In the absence of a designated Floodplain Administrator, the
duties are conducted by the {community} chief executive officer.
B. Delegate duties and responsibilities set forth in these regulations to qualified technical
personnel, plan examiners, inspectors, and other employees.
C. Enter into a written agreement or written contract with another community or private sector
entity to administer specific provisions of these regulations. Administration of any part of
these regulations by another entity shall not relieve the community of its responsibilities
pursuant to the participation requirements of the National Flood Insurance Program as set
forth in the Code of Federal Regulations at 44 C.F.R. Section 59.22.
Section 2.2 - Duties and Responsibilities of the Floodplain Administrator [44 CFR 60.31
The duties and responsibilities of the Floodplain Administrator shall include but are not limited to:
A. Review applications for permits to determine whether proposed activities will be located
in the Special Flood Hazard Area (SFHA).
B. Interpret floodplain boundaries and provide available base flood elevation and flood hazard
information.
C. Review applications to determine whether proposed activities will be reasonably safe from
flooding and require new construction and substantial improvements to meet the
requirements of these regulations.
D. Review applications to determine whether all necessary permits have been obtained from
the Federal, State, or local agencies from which prior or concurrent approval is required;
in particular, permits from state agencies for any construction, reconstruction, repair, or
alteration of a dam, reservoir, or waterway obstruction (including bridges, culverts,
structures), any alteration of a watercourse, or any change of the course, current, or cross
section of a stream or body of water, including any change to the 100 -year frequency
floodplain of free-flowing non -tidal waters of the State.
E. Verify that applicants proposing an alteration of a watercourse have notified adjacent
communities, the Department of Conservation and Recreation (Division of Dam Safety
and Floodplain Management), and other appropriate agencies (VADEQ, USACE), and
have submitted copies of such notifications to FEMA.
4 Instead of Floodplain Administrator you can appoint the zoning administrator, town manager or other official who
can be specifically identified here. Floodplain administrator does not always have to be a standalone job, but someone
has to have the job.
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Virginia Department of Conservation and Recreation (July 5, 2017 Version)
F. Advise applicants for new construction or substantial improvement of structures that are
located within an area of the Coastal Barrier Resources System established by the Coastal
Barrier Resources Act that Federal flood insurance is not available on such structures; areas
subject to this limitation are shown on Flood Insurance Rate Maps as Coastal Barrier
Resource System Areas (CBRS) or Otherwise Protected Areas (OPA).
G. Approve applications and issue permits to develop in flood hazard areas if the provisions
of these regulations have been met, or disapprove applications if the provisions of these
regulations have not been met.
H. Inspect or cause to be inspected, buildings, structures, and other development for which
permits have been issued to determine compliance with these regulations or to determine
if non-compliance has occurred or violations have been committed.
Review Elevation Certificates and require incomplete or deficient certificates to be
corrected.
Submit to FEMA, or require applicants to submit to FEMA, data and information necessary
to maintain FIRMS, including hydrologic and hydraulic engineering analyses prepared by
or for the {community}, within six months after such data and information becomes
available if the analyses indicate changes in base flood elevations.
K. Maintain and permanently keep records that are necessary for the administration of these
regulations, including:
1. Flood Insurance Studies, Flood Insurance Rate Maps (including historic studies and
maps and current effective studies and maps), and Letters of Map Change; and
2. Documentation supporting issuance and denial of permits, Elevation Certificates,
documentation of the elevation (in relation to the datum on the FIRM) to which
structures have been floodproofed, inspection records, other required design
certifications, variances, and records of enforcement actions taken to correct violations
of these regulations.
L. Enforce the provisions of these regulations, investigate violations, issue notices of
violations or stop work orders, and require permit holders to take corrective action.
M. Advise the Board of Zoning Appeals regarding the intent of these regulations and, for each
application for a variance, prepare a staff report and recommendation.
N. Administer the requirements related to proposed work on existing buildings:
Make determinations as to whether buildings and structures that are located in flood
hazard areas and that are damaged by any cause have been substantially damaged.
2. Make reasonable efforts to notify owners of substantially damaged structures of the
need to obtain a permit to repair, rehabilitate, or reconstruct. Prohibit the non-compliant
repair of substantially damaged buildings except for temporary emergency protective
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measures necessary to secure a property or stabilize a building or structure to prevent
additional damage.
O. Undertake, as determined appropriate by the Floodplain Administrator due to the
circumstances, other actions which may include but are not limited to: issuing press
releases, public service announcements, and other public information materials related to
permit requests and repair of damaged structures; coordinating with other Federal, State,
and local agencies to assist with substantial damage determinations; providing owners of
damaged structures information related to the proper repair of damaged structures in
special flood hazard areas; and assisting property owners with documentation necessary to
file claims for Increased Cost of Compliance coverage under NFIP flood insurance
policies.
P. Notify the Federal Emergency Management Agency when the corporate boundaries of the
{community} have been modified and:
1. Provide a map that clearly delineates the new corporate boundaries or the new area for
which the authority to regulate pursuant to these regulations has either been assumed
or relinquished through annexation; and
2. If the FIRM for any annexed area includes special flood hazard areas that have flood
zones that have regulatory requirements that are not set forth in these regulations,
prepare amendments to these regulations to adopt the FIRM and appropriate
requirements, and submit the amendments to the governing body for adoption; such
adoption shall take place at the same time as or prior to the date of annexation and a
copy of the amended regulations shall be provided to Department of Conservation and
Recreation (Division of Dam Safety and Floodplain Management) and FEMA.
Q. Upon the request of FEMA, complete and submit a report concerning participation in the
NFIP which may request information regarding the number of buildings in the SFHA,
number of permits issued for development in the SFHA, and number of variances issued
for development in the SFHA.
R. It is the duty of the Community Floodplain Administrator to take into account flood,
mudslide and flood -related erosion hazards, to the extent that they are known, in all official
actions relating to land management and use throughout the entire jurisdictional area of the
Community, whether or not those hazards have been specifically delineated geographically
(e.g. via mapping or surveying).
Section 2.3 - Use and Interpretation of FIRMS [44 CFR 60.31
The Floodplain Administrator shall make interpretations, where needed, as to the exact location of
special flood hazard areas, floodplain boundaries, and floodway boundaries. The following shall
apply to the use and interpretation of FIRMs and data:
A. Where field surveyed topography indicates that adjacent ground elevations:
1. Are below the base flood elevation in riverine SFHAs, or below the 1% storm surge
elevation in coastal SFHAs, even in areas not delineated as a special flood hazard area
Virginia Department of Conservation and Recreation (July 5, 2017 Version)
on a FIRM, the area shall be considered as special flood hazard area and subject to the
requirements of these regulations;
2. Are above the base flood elevation and the area is labelled as a SFHA on the FIRM,
the area shall be regulated as special flood hazard area unless the applicant obtains a
Letter of Map Change that removes the area from the SFHA.
B. In FEMA -identified special flood hazard areas where base flood elevation and floodway
data have not been identified and in areas where FEMA has not identified SFHAs, any
other flood hazard data available from a Federal, State, or other source shall be reviewed
and reasonably used.
C. Base flood elevations and designated floodway boundaries on FIRMS and in FISs shall
take precedence over base flood elevations and floodway boundaries by any other sources
if such sources show reduced floodway widths and/or lower base flood elevations.
D. Other sources of data shall be reasonably used if such sources show increased base flood
elevations and/or larger floodway areas than are shown on FIRMS and in FISs.
E. If a Preliminary Flood Insurance Rate Map and/or a Preliminary Flood Insurance Study
has been provided by FEMA:
Upon the issuance of a Letter of Final Determination by FEMA, the preliminary flood
hazard data shall be used and shall replace the flood hazard data previously provided
from FEMA for the purposes of administering these regulations.
2. Prior to the issuance of a Letter of Final Determination by FEMA, the use of
preliminary flood hazard data shall be deemed the best available data pursuant to
Article III, Section 3.I.A3 and used where no base flood elevations and/or floodway
areas are provided on the effective FIRM.
Prior to issuance of a Letter of Final Determination by FEMA, the use of preliminary
flood hazard data is permitted where the preliminary base flood elevations or floodway
areas exceed the base flood elevations and/or designated floodway widths in existing
flood hazard data provided by FEMA. Such preliminary data may be subject to change
and/or appeal to FEMA.
Section 2.4 - Jurisdictional Boundary Changes [44 CFR 59.22, 65.31
The County floodplain ordinance in effect on the date of annexation shall remain in effect and
shall be enforced by the municipality for all annexed areas until the municipality adopts and
enforces an ordinance which meets the requirements for participation in the National Flood
Insurance Program. Municipalities with existing floodplain ordinances shall pass a resolution
acknowledging and accepting responsibility for enforcing floodplain ordinance standards prior to
annexation of any area containing identified flood hazards. If the FIRM for any annexed area
includes special flood hazard areas that have flood zones that have regulatory requirements that
are not set forth in these regulations, the governing body shall prepare amendments to these
regulations to adopt the FIRM and appropriate requirements, and submit the amendments to the
governing body for adoption; such adoption shall take place at the same time as or prior to the date
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Virginia Department of Conservation and Recreation (July 5, 2017 Version)
of annexation and a copy of the amended regulations shall be provided to Department of
Conservation and Recreation (Division of Dam Safety and Floodplain Management) and FEMA.
In accordance with the Code of Federal Regulations, Title 44 Subpart (B) Section 59.22(a)(9)(v)
all NFIP participating communities must notify the Federal Insurance Administration and
optionally the State Coordinating Office in writing whenever the boundaries of the community
have been modified by annexation or the community has otherwise assumed or no longer has
authority to adopt and enforce floodplain management regulations for a particular area.
In order that all Flood Insurance Rate Maps accurately represent the community's boundaries, a
copy of a map of the community suitable for reproduction, clearly delineating the new corporate
limits or new area for which the community has assumed or relinquished floodplain management
regulatory authority must be included with the notification.
Section 2.5 - District Boundary Changes
The delineation of any of the Floodplain Districts may be revised by the {community} where
natural or man-made changes have occurred and/or where more detailed studies have been
conducted or undertaken by the U. S. 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 Emergency Management Agency. A completed LOMR is a record
of this approval.
Section 2.6 - Interpretation of District Boundaries
Initial interpretations of the boundaries of the Floodplain Districts shall be made by the Zoning
Officer. 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.
Section 2.7 — Submitting Model Backed Technical Data [44 CFR 65.31
A community's base flood elevations may increase or decrease resulting from physical changes
affecting flooding conditions. As soon as practicable, but not later than six months after the date
such information becomes available, a community shall notify the Federal Emergency
Management Agency of the changes by submitting technical or scientific data. The community
may submit data via a LOMR. Such a submission is necessary so that upon confirmation of those
physical changes affecting flooding conditions, risk premium rates and floodplain management
requirements will be based upon current data.
Section 2.8 — Letters of Map Revision
When development in the floodplain will cause or causes a change in the base flood elevation, the
applicant, including state agencies, must notify FEMA by applying for a Conditional Letter of Map
Revision and then a Letter of Map Revision.
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Virginia Department of Conservation and Recreation (July 5, 2017 Version)
Example cases:
• Any development that causes a rise in the base flood elevations within the floodway.
Any development occurring in Zones Al -30 and AE without a designated floodway, which
will cause a rise of more than one foot in the base flood elevation.
Alteration or relocation of a stream (including but not limited to installing culverts and
bridges) 44 Code of Federal Regulations §65.3 and §65.6(x)(12).
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ARTICLE III - ESTABLISHMENT OF ZONING DISTRICTS
Section 3.1 - Description of Special Flood Hazard Districts r44 CFR 59.1, 60.31
A. Basis of Districts
The various special flood hazard districts shall include the SFHAs. The basis for the delineation
of these districts shall be the FIS and the FIRM for {community} prepared by the Federal
Emergency Management Agency, Federal Insurance Administration, dated
{insert the effective date of the community's Flood Insurance Rate Map15 , and any subsequent
revisions or amendments thereto.
The {community} may identify and regulate local flood hazard or ponding areas that are not
delineated on the FIRM. These areas may be delineated on a "Local Flood Hazard Map" using
best available topographic data and locally derived information such as flood of record, historic
high water marks, or approximate study methodologies.
The boundaries of the SFHA Districts are established as shown on the FIRM which is declared to
be a part of this ordinance and which shall be kept on file at the {community} offices.
L The Floodway District is in an AE Zone and is delineated, for purposes of this
ordinance, using the criterion that certain areas within the floodplain must be capable
of carrying the waters of the one percent annual chance flood without increasing the
water surface elevation of that flood more than one (1) foot at any point. The areas
included in this District are specifically defined in Table of the above -referenced
FIS and shown on the accompanying FIRM.
The following provisions shall apply within the Floodway District of an AE zone [44
CFR 60.3(d)]:
a. Within any floodway area, no encroachments, including fill, new construction,
substantial improvements, or other development shall be permitted unless it has
been demonstrated through hydrologic and hydraulic analysis performed in
accordance with standard engineering practice that the proposed encroachment will
not result in any increase in flood levels within the community during the
occurrence of the base flood discharge. 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 Floodplain
Administrator.
Development activities which increase the water surface elevation of the base flood
may be allowed, provided that the applicant first applies — with the {community's}
5 If preparing an ordinance amendment for adoption of a new FIRM and FIS, the new effective date should be used
here, not the initial FIRM date. Every time a community receives a new FIRM, an ordinance amendment must be
adopted to update the FIRM's effective date. This amendment must be adopted and approved by FEMA prior to the
effective date of the new FIRM to avoid suspension from the NFIP.
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endorsement — for a Conditional Letter of Map Revision (CLOMR), and receives
the approval of the Federal Emergency Management Agency.
If Article III, Section 3.1.A.l.a is satisfied, all new construction and substantial
improvements shall comply with all applicable flood hazard reduction provisions
of Article 4.
b. The placement of manufactured homes (mobile homes) is prohibited, except in an
existing manufactured home (mobile home) park or subdivision. A replacement
manufactured home may be placed on a lot in an existing manufactured home park
or subdivision provided the anchoring, elevation, and encroachment standards are
met.
2. The AE, or AH Zones on the FIRM accompanying the FIS shall be those areas for
which one -percent annual chance flood elevations have been provided and the
floodway has not been delineated. The following provisions shall apply within an AE
or AH zone [44 CFR 60.3(c)] where FEMA has provided base flood elevations 6:
Until a regulatory floodway is designated, no new construction, substantial
improvements, or other development (including fill) shall be permitted within the areas
of special flood hazard, designated as Zones Al -30, AE, or AH on the FIRM, unless it
is demonstrated that the cumulative effect of the proposed development, when
combined with all other existing and anticipated development, will not increase the
water surface elevation of the base flood more than one foot at any point within the
{community}.
Development activities in Zones Al -30, AE, or AH on the {community's} FIRM which
increase the water surface elevation of the base flood by more than one foot may be allowed,
provided that the applicant first applies — with the {community's} endorsement — for a
Conditional Letter of Map Revision, and receives the approval of the Federal Emergency
Management Agency.
3. The A Zone on the FIRM accompanying the FIS shall be those areas for which no
detailed flood profiles or elevations are provided, but the one percent annual chance
floodplain boundary has been approximated. For these areas, the following provisions
shall apply [44 CFR 60.3(b)]:
The Approximated Floodplain District shall be that floodplain area for which no
detailed flood profiles or elevations are provided, but where a one percent annual
chance floodplain boundary has been approximated. Such areas are shown as Zone A
on the maps accompanying the FIS. For these areas, the base flood elevations and
floodway information from Federal, State, and other acceptable sources shall be used,
when available. Where the specific one percent annual chance flood elevation cannot
be determined for this area using other sources of data, such as the U. S. Army Corps
of Engineers Floodplain Information Reports, U. S. Geological Survey Flood -Prone
6 The requirement in 60.3(c)(10) only applies along rivers, streams, and other watercourses where FEMA has provided base flood elevations. The
requirement does not apply along lakes, bays and estuaries, and the ocean coast.
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Quadrangles, etc., then the applicant for the proposed use, development and/or activity
shall determine this base flood elevation. For development proposed in the approximate
floodplain the applicant must use technical methods that correctly reflect currently
accepted practices, such as point on boundary, high water marks, or detailed
methodologies hydrologic and hydraulic analyses. Studies, analyses, computations,
etc., shall be submitted in sufficient detail to allow a thorough review by the Floodplain
Administrator.
The Floodplain Administrator reserves the right to require a hydrologic and hydraulic
analysis for any development. When such base flood elevation data is utilized, the
lowest floor shall be elevated to or above the base flood level plus eighteen (18) inches.
During the permitting process, the Floodplain Administrator shall obtain:
a. The elevation of the lowest floor (in relation to mean sea level), including the
basement, of all new and substantially improved structures; and,
b. If the structure has been floodproofed in accordance with the requirements of this
article, the elevation (in relation to mean sea level) to which the structure has been
floodproofed.
Base flood elevation data shall be obtained from other sources or developed using
detailed methodologies comparable to those contained in a FIS for subdivision
proposals and other proposed development proposals (including manufactured home
parks and subdivisions) that exceed fifty lots or five acres, whichever is the lesser$.
4. The AO Zone on the FIRM accompanying the FIS shall be those areas of shallow
flooding identified as AO on the FIRM. For these areas, the following provisions shall
apply [44 CFR 60.3(c)]:
a. All new construction and substantial improvements of residential structures shall
have the lowest floor, including basement, elevated to or above the flood depth
specified on the FIRM, above the highest adjacent grade at least as high as the depth
number specified in feet on the FIRM. If no flood depth number is specified, the
lowest floor, including basement, shall be elevated no less than two feet above the
highest adjacent grade.
b. All new construction and substantial improvements of non-residential structures
shall
(1) Have the lowest floor, including basement, elevated to or above the flood depth
specified on the FIRM, above the highest adjacent grade at least as high as the
7 The flood maps anticipate one foot of rise in BFE due to fill in the floodplain, so while building to BFE is all that is
required; it will result in flooding if all assumptions made in mapping are correct. Flood insurance rounds up for
freeboard so an 18 inch requirement offers the best "bang for the buck" in reducing flood insurance rates and allows
for an additional margin of safety in case the models have an error or are based on incomplete data.
8 The recommended standard here is 5 lots instead of 50. Fifty lots is the breakpoint suggested in the federal regulations
but the 515 rule is less confusing and captures more commercial development.
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depth number specified in feet on the FIRM. If no flood depth number is
specified, the lowest floor, including basement, shall be elevated at least two
feet above the highest adjacent grade; or,
(2) Together with attendant utility and sanitary facilities be completely
floodproofed to the specified flood level so that any space below that level is
watertight with walls substantially impermeable to the passage of water and
with structural components having the capability of resisting hydrostatic and
hydrodynamic loads and effects of buoyancy.
c. Adequate drainage paths around structures on slopes shall be provided to guide
floodwaters around and away from proposed structures.
The Coastal A Zone9 is labelled as AE on the FIRM; it is those areas that are seaward
of the limit of moderate wave action (LiMWA) line. As defined by the VA USBC,
these areas are subject to wave heights between 1.5 feet and 3 feet. For these areas, the
following provisions shall apply:
Buildings and structures within this zone shall have the lowest floor elevated to or
above the base flood elevation plus one foot10 of freeboard, and must comply with the
provisions in Article III, Section 3. LA.2 and Article IV, Sections 4.2 and 4.3.
6. The VE or V Zones on FIRMs accompanying the FIS shall be those areas that are
known as Coastal High Hazard areas, extending from offshore to the inland limit of a
primary frontal dune along an open coast or other areas subject to high velocity waves.
For these areas, the following provisions shall apply [44 CFR 60.3(e)]:
a. All new construction and substantial improvements in Zones V and VE, including
manufactured homes, shall be elevated on pilings or columns so that:
(1) The bottom of the lowest horizontal structural member of the lowest floor
(excluding the pilings or columns) is elevated to or above the base flood level
plus eighteen (18) inches." if the lowest horizontal structural member is
parallel to the direction of wave approach or elevated at least two feet above
the base flood level if the lowest horizontal structural member is perpendicular
to the direction of wave approach; and,
(2) The pile or column foundation and structure attached thereto is anchored to
9 Instead of having a coastal A zone a community can include this area in the V zone, adopting these standards for
Coastal A areas provides a higher degree of protection, reflects the level of surge risk seen in actual events, and helps
ensure that buildings built now receive favorable insurance rates if FEMA does change their program requirements to
include coastal A limitations. Right now the only provisions effecting this zone are found in the Virginia Building
Code and are reflected in the language here.
to If your community has adopted a higher freeboard (as is recommended) this one foot requirement might need to be
changed for consistency with the freeboard required in A or V zones. Consider changing the one foot to 18" of
freeboard.
I l Flood insurance rounds up for freeboard so an 18 inch requirement offers the best "bang for the buck" in reducing
flood insurance rates and allows for an additional margin of safety in case the models have an error or are based on
incomplete data.
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resist flotation, collapse, and lateral movement due to the effects of wind and
water loads acting simultaneously on all building components. Wind and water
loading values shall each have a one percent chance of being equalled or
exceeded in any given year (one -percent annual chance).
b. A registered professional engineer or architect shall develop or review the structural
design, specifications and plans for the construction, and shall certify that the
design and methods of construction to be used are in accordance with accepted
standards of practice for meeting the provisions of Article 111, Section A.6.a.
c. The Floodplain Administrator shall obtain the elevation (in relation to mean sea
level) of the bottom of the lowest horizontal structural member of the lowest floor
(excluding pilings and columns) of all new and substantially improved structures
in Zones V and VE. The Floodplain Management Administrator shall maintain a
record of all such information.
d. All new construction shall be located landward of the reach of mean high tide.
e. All new construction and substantial improvements shall have the space below the
lowest floor either free of obstruction 12 or constructed with non -supporting
breakaway walls, open wood -lattice work, or insect screening intended to collapse
under wind and water loads without causing collapse, displacement, or other
structural damage to the elevated portion of the building or supporting foundation
system. For the purpose of this Section, a breakaway wall shall have a design safe
loading resistance of not less than 10 and no more than 20 pounds per square foot.
Use of breakaway walls which exceed a design safe loading resistance of 20 pounds
per square foot (either by design or when so required by local codes) may be
permitted only if a registered professional engineer or architect certifies that the
designs proposed meet the following conditions:
(1) Breakaway wall collapse shall result from water load less than that which
would occur during the base flood; and
(2) The elevated portion of the building and supporting foundation system shall
not be subject to collapse, displacement, or other structural damage due to the
effects of wind and water loads acting simultaneously on all building
components (structural and nonstructural). Maximum wind and water loading
values to be used in this determination shall each have a one percent chance of
being equalled or exceeded in any given year.
f. The enclosed space below the lowest floor shall be used solely for parking of
vehicles, building access, or storage. Such space shall not be partitioned into
multiple rooms, temperature -controlled, or used for human habitation. The enclosed
12 An optional higher standard is to simply require that all areas below the lowest floor be free from obstructions that
cannot be seen though. This makes it much easier to be sure that these areas are not converted to living spaces and
means that breakaway walls do not need technical inspections.
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space shall be less than 300 square feet. 13
g. The use of fill for structural support of buildings is prohibited. When non-structural
fill is proposed in a coastal high hazard area, appropriate engineering analyses shall
be conducted to evaluate the impacts of the fill prior to issuance of a permit.
h. The man-made alteration of sand dunes, which would increase potential flood
damage, is prohibited.
The mapped floodplain includes all of the above regions and also the regions
designated as having a 0.2 percent annual chance of flooding on any flood map or
flood insurance study. In this area no emergency service, medical service, or
governmental records storage shall be allowed except by special exception using the
variance process. 14
Section 3.2 - Overlay Concept
The Floodplain Districts described above shall be overlays to the existing underlying districts as
shown on the Official Zoning Ordinance Map, and as such, the provisions for the floodplain
districts shall serve as a supplement to the underlying district provisions.
If there is 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.
In the event 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.
13 Spaces that are 300 square feet or more trigger very high insurance rates, so limiting the size of these spaces to less
than 300 square feet is a higher standard that can make the structure more affordable to insure.
14 This limitation on the use of the 0.2 percent floodplain is not required by NFIP regulations but is an accepted
standard for critical facilities in emergency management. Critical facilities that are built in mapped floodplain might
not be eligible for rebuilding assistance after a disaster, therefore DCR recommends this provision to ensure that any
decision made to build in these circumstances is carefully considered.
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ARTICLE IV - DISTRICT PROVISIONS [44 CFR 59.22, 60.2, 60.31
Section 4.1 — Permit and Application Requirements
A. Permit Requirement
All uses, activities, and development occurring within any floodplain district, including placement
of manufactured homes, shall be undertaken only upon the issuance of a permit. Such development
shall be undertaken only in strict compliance with the provisions of this Ordinance and with all
other applicable codes and ordinances, as amended, such as the Virginia Uniform Statewide
Building Code (VA USBC) and the {community} Subdivision Regulations. Prior to the issuance
of any such permit, the Floodplain Administrator shall require all applications to include
compliance with all applicable State and Federal laws and shall review all sites to assure they are
reasonably safe from flooding. Under no circumstances shall any use, activity, and/or development
adversely affect the capacity of the channels or floodways of any watercourse, drainage ditch, or
any other drainage facility or system.
B. Site Plans and Permit Applications
All applications for development within any floodplain district and all permits issued for the
floodplain shall incorporate the following information:
1. The elevation of the Base Flood at the site.
2. For structures to be elevated, the elevation of the lowest floor (including basement) or,
in V zones, the lowest horizontal structural member.
For structures to be floodproofed (non-residential only), the elevation to which the
structure will be floodproofed.
4. Topographic information showing existing and proposed ground elevations.
Section 4.2 - General Standards
The following provisions shall apply to all permits:
A. New construction and substantial improvements shall be built according to this ordinance
and the VA USBC, and anchored to prevent flotation, collapse, or lateral movement of the
structure.
B. Manufactured homes shall be anchored to prevent flotation, collapse, or lateral movement.
Methods of anchoring may include, but are not limited to, use of over -the -top or frame ties
to ground anchors. This standard shall be in addition to and consistent with applicable state
anchoring requirements for resisting wind forces.
C. New construction and substantial improvements shall be constructed with materials and
utility equipment resistant to flood damage.
D. New construction or substantial improvements shall be constructed by methods and
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practices that minimize flood damage.
E. Electrical, heating, ventilation, plumbing, air conditioning equipment, and other service
facilities, including duct work, shall be designed and/or located so as to prevent water from
entering or accumulating within the components during conditions of flooding.
F. New and replacement water supply systems shall be designed to minimize or eliminate
infiltration of flood waters into the system.
G. New and replacement sanitary sewage systems shall be designed to minimize or eliminate
infiltration of flood waters into the systems and discharges from the systems into flood
waters.
H. On-site waste disposal systems shall be located and constructed to avoid impairment to
them or contamination from them during flooding.
In addition to provisions A — H above, in all special flood hazard areas, the additional
provisions shall apply:
I. 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 U. S. Corps of
Engineers, the Virginia Department of Environmental Quality, and the Virginia Marine
Resources Commission (a joint permit application is available from any of these
organizations). Furthermore, in riverine areas, notification of the proposal shall be given
by the applicant to all affected adjacent jurisdictions, the Department of Conservation and
Recreation (Division of Dam Safety and Floodplain Management), other required agencies,
and the Federal Emergency Management Agency.
J. The flood carrying capacity within an altered or relocated portion of any watercourse shall
be maintained.
Section 4.3 - Elevation and Construction Standards [44 CFR 60.31
In all identified flood hazard areas where base flood elevations have been provided in the FIS or
generated by a certified professional in accordance with Article III, Section 3.1.A.3 the following
provisions shall apply:
A. Residential Construction
New construction or substantial improvement of any residential structure (including
manufactured homes) in Zones Al -30, AE, AH, and A with detailed base flood elevations
shall have the lowest floor, including basement, elevated to or above the base flood level
plus eighteen(]8) inches15. See Article III, Section 3.1.A.5 and Article III, Section 3.1.A.6
for requirements in the Coastal A, VE, and V zones.
15 The flood maps anticipate one foot of rise in BFE due to fill in the floodplain, so while building to BFE is all that
is required; it will result in flooding if all assumptions made in mapping are correct. Flood insurance rounds up for
freeboard so an 18 inch requirement offers the best "bang for the buck" in reducing flood insurance rates and allows
for an additional margin of safety in case the models have an error or are based on incomplete data
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B. Non -Residential Construction
1. New construction or substantial improvement of any commercial, industrial, or non-
residential building (or manufactured home) shall have the lowest floor, including
basement, elevated to or above the base flood level plus eighteen (18) inches 16. See
Article III, Section 3.1.A.5 and Article III, Section 3.1.A.6 for requirements in the
Coastal A, VE, and V zones.
2. Non-residential buildings located in all Al -30, AE, and AH zones may be floodproofed
in lieu of being elevated provided that all areas of the building components below the
elevation corresponding to the BFE plus two feet 17 are water tight with walls
substantially impermeable to the passage of water, and use structural components
having the capability of resisting hydrostatic and hydrodynamic loads and the effect of
buoyancy. A registered professional engineer or architect shall certify that the standards
of this subsection are satisfied. Such certification, including the specific elevation (in
relation to mean sea level) to which such structures are floodproofed, shall be
maintained by (title of community administrator).
C. Space Below the Lowest Floor
In zones A, AE, AH, AO, and Al -A30, fully enclosed areas, of new construction or
substantially improved structures, which are below the regulatory flood protection
elevation shall:
Not be designed or used for human habitation, but shall be used solely for parking of
vehicles, building access, or limited storage of maintenance equipment used in
connection with the premises. Access to the enclosed area shall be the minimum
necessary to allow for parking of vehicles (garage door) or limited storage of
maintenance equipment (standard exterior door), or entry to the living area (stairway
or elevator).
2. Be constructed entirely of flood resistant materials below the regulatory flood
protection elevation;
Include measures to automatically equalize hydrostatic flood forces on walls by
allowing for the entry and exit of floodwaters. To meet this requirement, the openings
must either be certified by a professional engineer or architect or meet the following
minimum design criteria:
a. Provide a minimum of two openings on different sides of each enclosed area subject
16 The flood maps anticipate one foot of rise in BFE due to fill in the floodplain, so while building to BFE is all that
is required; it will result in flooding if all assumptions made in mapping are correct. Flood insurance rounds up for
freeboard so an 18 inch requirement offers the best "bang for the buck" in reducing flood insurance rates and allows
for an additional margin of safety in case the models have an error or are based on incomplete data
17 If your community has adopted the recommended freeboard you might need to change this provision to be consistent
or higher than the freeboard otherwise required. Please note that the minimum requirements are BFE plus one foot —
two feet of freeboard is the recommended minimum.
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to flooding.
b. The total net area of all openings must beat least one (1) square inch for each square
foot of enclosed area subject to flooding.
c. If a building has more than one enclosed area, each area must have openings to
allow floodwaters to automatically enter and exit.
d. The bottom of all required openings shall be no higher than one (1) foot above the
adjacent grade.
e. Openings may be equipped with screens, louvers, or other opening coverings or
devices, provided they permit the automatic flow of floodwaters in both directions.
f. Foundation enclosures made of flexible skirting are not considered enclosures for
regulatory purposes, and, therefore, do not require openings. Masonry or wood
underpinning, regardless of structural status, is considered an enclosure and
requires openings as outlined above.
D. Accessory Structures
1. Accessory structures of any size shall be prohibited within the SFHA and no variance
shall be granted for accessory structures.
No
2. Accessory structures in the SFHA shall comply with the elevation requirements and
other requirements of Article IV, Section 4.3.13 or, if not elevated or dry floodproofed,
shall:
a. Not be used for human habitation;
b. Be limited to no more than 600 squarefeet" in total floor area;
c. Be useable only for parking of vehicles or limited storage;
d. Be constructed with flood damage -resistant materials below the base flood
elevation;
e. Be constructed and placed to offer the minimum resistance to the flow of
floodwaters;
f. Be anchored to prevent flotation;
18 This is the minimum size restriction set by FEMA Region III, but a community could choose a higher standard and
limit accessory structures to a size less than 600 square feet. However, a variance could be issued for larger accessory
structures, not to exceed 600 square feet. If a smaller size limit is chosen, additional language would be required in
Article VI: Variances - see Footnote 23. The chosen size restriction should also be reflected in Article IV, Section
4.3.D.2.b, Article VI, Section M, and Article VIII -Glossary in the definition of "Appurtenant or accessory structure".
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g. Have electrical service and mechanical equipment elevated to or above the base
flood elevation;
h. Shall be provided with flood openings which shall meet the following criteria:
(1) There shall be a minimum of two flood openings on different sides of each
enclosed area; if a building has more than one enclosure below the lowest floor,
each such enclosure shall have flood openings on exterior walls.
(2) The total net area of all flood openings shall be at least 1 square inch for each
square foot of enclosed area (non -engineered flood openings), or the flood
openings shall be engineered flood openings that are designed and certified by
a licensed professional engineer to automatically allow entry and exit of
floodwaters; the certification requirement may be satisfied by an individual
certification or an Evaluation Report issued by the ICC Evaluation Service,
Inc.
(3) The bottom of each flood opening shall be 1 foot or less above the higher of
the interior floor or grade, or the exterior grade, immediately below the
opening.
(4) Any louvers, screens or other covers for the flood openings shall allow the
automatic flow of floodwaters into and out of the enclosed area.
A signed Declaration of Land Restriction (Non -Conversion Agreement) shall be
recorded on the property deed. 19
E. Standards for Manufactured Homes and Recreational Vehicles
In zones A, AE, AH, and AO, all manufactured homes placed, or substantially
improved, on individual lots or parcels, must meet all the requirements for new
construction, including the elevation and anchoring requirements in Article III, Section
3.1.A.6 and Article IV, Sections 4.2 and 4.3.
2. All recreational vehicles placed on sites must either:
a. Be on the site for fewer than 180 consecutive days, be fully licensed and ready for
highway use (a recreational vehicle is ready for highway use if it is on its wheels
or jacking system, is attached to the site only by quick disconnect type utilities and
security devices and has no permanently attached additions); or
b. Meet all the requirements for manufactured homes in Article IV, Section 4.3.E. 1.
19 A non -conversion agreement is strongly recommended, especially if a variance is being issued for an accessory
structure. However, the non -conversion agreement is not a requirement.
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Section 4.4 - Standards for Subdivision Proposals
A. All subdivision proposals shall be consistent with the need to minimize flood damage;
B. All subdivision proposals shall have public utilities and facilities such as sewer, gas,
electrical and water systems located and constructed to minimize flood damage;
C. All subdivision proposals shall have adequate drainage provided to reduce exposure to
flood hazards, and
D. Base flood elevation data shall be obtained from other sources or developed using detailed
methodologies, hydraulic and hydrologic analysis, comparable to those contained in a
Flood Insurance Study for subdivision proposals and other proposed development
proposals (including manufactured home parks and subdivisions) that exceed fifty20 lots or
five acres, whichever is the lesser.
20 The recommended standard here is 5 lots instead of 50. Fifty lots is the breakpoint suggested in the federal
regulations, but the 515 rule is less confusing and captures more commercial development.
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ARTICLE V — EXISTING STRUCTURES IN FLOODPLAIN AREAS
Any structure or use of a structure or premises must be brought into conformity with these
provisions when it is changed, repaired, or improved 21 unless one of the following exceptions is
established before the change is made:
A. The floodplain manager has determined that:
1. Change is not a substantial repair or substantial improvement AND
2. No new square footage is being built in the floodplain that is not complaint AND
3. No new square footage is being built in the floodway AND
4. The change complies with this ordinance and the VA USBC AND
5. The change, when added to all the changes made during a rolling 5 -year period does
not constitute 50% of the structure's value. 22
B. The changes are required to comply with a citation for a health or safety violation.
C. The structure is a historic structure and the change required would impair the historic
nature of the structure.
21 The assumption that all buildings will be brought in to compliance unless an exception is found is not required by
the federal regulations, it is a recommended change for the sake of administrative efficiency and improved compliance.
22 This cumulative change requirement is a recommended higher standard. DCR has found that not having a time
period for cumulative change can lead to people trying to split work up to avoid hitting the 50% limit which puts the
community in a difficult place with enforcement and increases administrative burdens.
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ARTICLE VI - VARIANCES: FACTORS TO BE CONSIDERED [44 CFR 60.61
Variances shall be issued only upon (i) a showing of good and sufficient cause, (ii) after the Board
of Zoning Appeals has determined that failure to grant the variance would result in exceptional
hardship to the applicant, and (iii) after the Board of Zoning Appeals has determined that the
granting of such variance will not result in (a) unacceptable or prohibited increases in flood heights,
(b) additional threats to public safety, (c) extraordinary public expense; and will not (d) create
nuisances, (e) cause fraud or victimization of the public, or (f) conflict with local laws or
ordinances.
While the granting of variances generally is limited to a lot size less than one-half acre, deviations
from that limitation may occur. However, as the lot size increases beyond one-half acre, the
technical justification required for issuing a variance increases. Variances may be issued by the
Board of Zoning Appeals for new construction and substantial improvements to be erected on a
lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures
constructed below the base flood level, in conformance with the provisions of this Section.
Variances may be issued for new construction and substantial improvements and for other
development necessary for the conduct of a functionally dependent use provided that the criteria
of this Section are met, and the structure or other development is protected by methods that
minimize flood damages during the base flood and create no additional threats to public safety.
In passing upon applications for variances, the Board of Zoning Appeals shall satisfy all relevant
factors and procedures specified in other sections of the zoning ordinance and consider the
following additional factors:
A. 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 percent (1%)
chance flood elevation.
B. The danger that materials may be swept on to other lands or downstream to the injury of
others.
C. The proposed water supply and sanitation systems and the ability of these systems to
prevent disease, contamination, and unsanitary conditions.
D. The susceptibility of the proposed facility and its contents to flood damage and the effect
of such damage on the individual owners.
E. The importance of the services provided by the proposed facility to the community.
F. The requirements of the facility for a waterfront location.
G. The availability of alternative locations not subject to flooding for the proposed use.
H. The compatibility of the proposed use with existing development and development
anticipated in the foreseeable future.
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The relationship of the proposed use to the comprehensive plan and floodplain
management program for the area.
The safety of access by ordinary and emergency vehicles to the property in time of flood.
K. The expected heights, velocity, duration, rate of rise, and sediment transport of the flood
waters expected at the site.
L. The historic nature of a structure. Variances for repair or rehabilitation of historic structures
may be granted upon a determination that the proposed repair or rehabilitation will not
preclude the structure's continued designation as a historic structure and the variance is the
minimum necessary to preserve the historic character and design of the structure.
M. Variances will not be issued for any accessory structure within the SFHA. (Note: See
Article IV, Section 4.3.D.1).
No variance shall be granted for an accessory structure exceeding 600 square feet. (Note:
See Article IV, Section 4.3.D.2). 23
N. Such other factors which are relevant to the purposes of this Ordinance.
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.
Variances shall be issued only after the Board of Zoning Appeals has determined that the granting
of such will not result in (a) unacceptable or prohibited increases in flood heights, (b) additional
threats to public safety, (c) extraordinary public expense; and will not (d) create nuisances, (e)
cause fraud or victimization of the public, or (f) conflict with local laws or ordinances.
Variances shall be issued only after the Board of Zoning Appeals has determined that the variance
will be the minimum required to provide relief.
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 percent (1%) chance flood elevation (a)
increases the risks to life and property and (b) will result in increased premium rates for flood
insurance.
23 If a size restriction for accessory structures that is less than 600 square feet is chosen, variances could be issued for
structures larger than that size restriction, not to exceed 600 square feet. In this case, additional language is required
under Article VI, Section M. Suggested language:
"Accessory structures within the SFHA that are greater than {insert size restriction} square feet, do not
exceed 600 square feet, and do not meet all requirements for elevating or dry floodproofing, as set out in
Article IV, Section 4.3.13, must secure a variance in accordance with the floodplain ordinance before a permit
is issued. The structure must comply with accessory structure criteria in Article IV, Section 4.3.D.2. No
variance shall be granted for an accessory structure exceeding 600 square feet. (Note: See Article IV, Section
4.3.1).2)."
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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 that are issued shall be noted in the
annual or biennial report submitted to the Federal Insurance Administrator.
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ARTICLE VII - GLOSSARY [44 CFR 59.1]
A. Appurtenant or accessory structure - A non-residential structure which is on the same
parcel of property as the principal structure and the use of which is incidental to the use of
the principal structure. Accessory structures are not to exceed 600 square fee124.
B. Base flood - The flood having a one percent chance of being equalled or exceeded in any
given year.
C. Base flood elevation - The water surface elevations of the base flood, that is, the flood level
that has a one percent or greater chance of occurrence in any given year. The water surface
elevation of the base flood in relation to the datum specified on the community's Flood
Insurance Rate Map. For the purposes of this ordinance, the base flood is the 1% annual
chance flood.
D. Basement - Any area of the building having its floor sub -grade (below ground level) on all
sides.
E. Board of Zoning Appeals - The board appointed to review appeals made by individuals
with regard to decisions of the Zoning Administrator in the interpretation of this ordinance.
F. Coastal A Zone - Flood hazard areas that have been delineated as subject to wave heights
between 1.5 feet and 3 feet.
G. Development - Any man-made change to improved or unimproved real estate, including,
but not limited to, buildings or other structures, temporary structures, mining, dredging,
filling, grading, paving, excavation, drilling or other land -disturbing activities or
permanent or temporary storage of equipment or materials.
H. Elevated building - A non -basement building built to have the lowest floor elevated above
the ground level by means of solid foundation perimeter walls, pilings, or columns (posts
and piers).
Encroachment - The advance or infringement of uses, plant growth, fill, excavation,
buildings, permanent structures or development into a floodplain, which may impede or
alter the flow capacity of a floodplain.
Existing construction - For the purposes of the insurance program, structures for which the
"start of construction" commenced before the effective date of the FIRM or before January
1, 1975 for FIRMS effective before that date. "Existing construction" may also be referred
to as "existing structures" and "pre -FIRM."
24 This is the size restriction set by FEMA Region III, but a community could choose a higher standard and limit
accessory structures to a size less than 600 square feet. However, a variance could be issued for larger accessory
structures, not to exceed 600 square feet. If a smaller size limit is chosen, additional language would be required in
Article VI: Variances - see Footnote 23. The chosen size restriction should also be reflected in Article IV, Section
4.3.D.2.b, Article VI, Section M, and Article VIII -Glossary in the definition of "Appurtenant or accessory structure".
Virginia Department of Conservation and Recreation (July 5, 2017 Version)
K. Flood or flooding -
1. A general or temporary condition of partial or complete inundation of normally dry
land areas from:
a. The overflow of inland or tidal waters; or,
b. The unusual and rapid accumulation or runoff of surface waters from any source.
c. Mudflows which are proximately caused by flooding as defined in paragraph (1)(b)
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.
2. 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 flash flood or an abnormal tidal surge, or by some similarly unusual and
unforeseeable event which results in flooding as defined in paragraph 1 (a) of this
definition.
L. Flood Insurance Rate Map (FIRM) - an official map of a community, on which the Federal
Emergency Management Agency has delineated both the special hazard areas and the risk
premium zones applicable to the community. A FIRM that has been made available
digitally is called a Digital Flood Insurance Rate Map (DFIRM).
M. Flood Insurance Study (FIS) - a report by FEMA that examines, evaluates and determines
flood hazards and, if appropriate, corresponding water surface elevations, or an
examination, evaluation and determination of mudflow and/or flood -related erosion
hazards.
N. Floodplain or flood -prone area - Any land area susceptible to being inundated by water
from any source.
O. Floodproofing - any combination of structural and non-structural additions, changes, or
adjustments to structures which reduce or eliminate flood damage to real estate or improved
real property, water and sanitary facilities, structures and their contents.
P. Floodway - The channel of a river or other watercourse and the adjacent land areas that
must be reserved in order to discharge the base flood without cumulatively increasing the
water surface elevation more than one foot at any point within the community.
Q. Freeboard - A factor of safety usually expressed in feet above a flood level for purposes of
floodplain management. "Freeboard" tends to compensate for the many unknown factors
that could contribute to flood heights greater than the height calculated for a selected size
flood and floodway conditions, such as wave action, bridge openings, and the hydrological
effect of urbanization in the watershed.
R. Functionally dependent use - A use which cannot perform its intended purpose unless it is
located or carried out in close proximity to water. This term includes only docking
facilities, port facilities that are necessary for the loading and unloading of cargo or
passengers, and shipbuilding and ship repair facilities, but does not include long-term
storage or related manufacturing facilities.
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Virginia Department of Conservation and Recreation (July 5, 2017 Version)
S. Highest adjacent gra - the highest natural elevation of the ground surface prior to
construction next to the proposed walls of a structure.
T. Historic structure - Any structure that is:
I. Listed individually in the National Register of Historic Places (a listing maintained by
the Department of Interior) or preliminarily determined by the Secretary of the Interior
as meeting the requirements for individual listing on the National Register;
2. 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;
3. 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,
4. Individually listed on a local inventory of historic places in communities with historic
preservation programs that have been certified either:
a. By an approved state program as determined by the Secretary of the Interior; or,
b. Directly by the Secretary of the Interior in states without approved programs.
U. Hydrologic and Hydraulic Engineering Analysis - Analyses performed by a licensed
professional engineer, in accordance with standard engineering practices that are accepted
by the Virginia Department of Conservation and Recreation and FEMA, used to determine
the base flood, other frequency floods, flood elevations, floodway information and
boundaries, and flood profiles.
V. Letters of Map Change (LOMC) - A Letter of Map Change is an official FEMA
determination, by letter, that amends or revises an effective Flood Insurance Rate Map or
Flood Insurance Study. Letters of Map Change include:
Letter of Map Amendment (LOMA) - An amendment based on technical data showing that
a property was incorrectly included in a designated special flood hazard area. A LOMA
amends the current effective Flood Insurance Rate Map and establishes that a land as
defined by meets and bounds or structure is not located in a special flood hazard area.
Letter of Map Revision (LOMR) - A revision based on technical data that may show
changes to flood zones, flood elevations, floodplain and floodway delineations, and
planimetric features. A Letter of Map Revision Based on Fill (LOMR-F), is a determination
that a structure or parcel of land has been elevated by fill above the base flood elevation
and is, therefore, no longer exposed to flooding associated with the base flood. In order to
qualify for this determination, the fill must have been permitted and placed in accordance
with the community's floodplain management regulations.
Conditional Letter of Map Revision (CLOMR) - A formal review and comment as to
whether a proposed flood protection project or other project complies with the minimum
NFIP requirements for such projects with respect to delineation of special flood hazard
areas. A CLOMR does not revise the effective Flood Insurance Rate Map or Flood
Insurance Study.
W. Lowest adjacentrg ade - the lowest natural elevation of the ground surface next to the walls
of a structure.
30
Virginia Department of Conservation and Recreation (July 5, 2017 Version)
X. Lowest floor - The lowest floor of the lowest enclosed area (including basement). An
unfinished or flood -resistant enclosure, usable solely for parking of vehicles, building
access or storage in an area other than a basement area is not considered a building's lowest
floor; provided, that such enclosure is not built so as to render the structure in violation of
the applicable non -elevation design requirements of Federal Code 44CFR §60.3.
Y. Manufactured home - A structure, transportable in one or more sections, which is built on
a permanent chassis and is designed for use with or without a permanent foundation when
connected to the required utilities. For floodplain management purposes the term
"manufactured home" also includes park trailers, travel trailers, and other similar vehicles
placed on a site for greater than 180 consecutive days.
Z. Manufactured home park or subdivision - a parcel (or contiguous parcels) of land divided
into two or more manufactured home lots for rent or sale.
AA. Mean Sea Level — for purposes of the National Flood Insurance Program, the National
Geodetic Vertical Datum (NGVD) of 1929 or the North American Vertical Datum
(NAVD) of 1988 to which base flood elevations shown on a community's FIRM are
referenced.
BB. New construction - For the purposes of determining insurance rates, structures for which
the "start of construction" commenced on or after {insert the effective
date of the community's initial Flood Insurance Rate Map} [or "after December 31, 1974",
choose 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.
CC. Post -FIRM structures - A structure for which construction or substantial improvement
occurred on or after {insert the effective date of the community's
initial Flood Insurance Rate Map} [or "after December 31, 1974", choose whichever is
later] .
DD. Pre -FIRM structures - A structure for which construction or substantial improvement
occurred before {insert the effective date of the community's initial
Flood Insurance Rate Map} [or "on or before December 31, 1974", choose whichever is
later] .
EE. Primary frontal dune - a continuous or nearly continuous mound or ridge of sand with
relatively steep seaward and landward slopes immediately landward and adjacent to the
beach and subject to erosion and overtopping from high tides and waves during major
coastal storms.
FF. Recreational vehicle - A vehicle which is:
1. Built on a single chassis;
2. 400 square feet or less when measured at the largest horizontal projection;
3. Designed to be self-propelled or permanently towable by a light duty truck; and,
31
Virginia Department of Conservation and Recreation (July 5, 2017 Version)
4. Designed primarily not for use as a permanent dwelling but as temporary living quarters
for recreational camping, travel, or seasonal use.
GG. Repetitive Loss Structure - A building covered by a contract for flood insurance that has
incurred flood -related damages on two occasions in a 10 -year period, in which the cost of
the repair, on the average, equalled or exceeded 25 percent of the market value of the structure
at the time of each such flood event; and at the time of the second incidence of flood -related
damage, the contract for flood insurance contains increased cost of compliance coverage.
HH. Severe repetitive loss structure - a structure that: (a) Is covered under a contract for flood
insurance made available under the NFIP; and (b) Has incurred flood related damage - (i) For
which 4 or more separate claims payments have been made under flood insurance coverage
with the amount of each such claim exceeding $5,000, and with the cumulative amount of such
claims payments exceeding $20,000; or (ii) For which at least 2 separate claims payments have
been made under such coverage, with the cumulative amount of such claims exceeding the
market value of the insured structure.
II. Shallow flooding area - A special flood hazard area with base flood depths from one to
three feet where a clearly defined channel does not exist, where the path of flooding is
unpredictable and indeterminate, and where velocity flow may be evident. Such flooding
is characterized by ponding or sheet flow.
JJ. Special flood hazard area - The land in the floodplain subject to a one (1%) percent or
greater chance of being flooded in any given year as determined in Article 3, Section 3.1
of this ordinance.
KK. Start of construction - For other than new construction and substantial improvement, under
the Coastal Barriers Resource Act (P.L. — 97-348), means the date the building permit was
issued, provided the actual start of construction, repair, reconstruction, rehabilitation,
addition, placement, substantial improvement 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 the construction means the first alteration of any wall, ceiling, floor, or other
structural part of a building, whether or not that alteration affects the external dimensions
of the building.
LL. Structure - for floodplain management purposes, a walled and roofed building, including a
gas or liquid storage tank, that is principally above ground, as well as a manufactured home.
MM. Substantial damage - Damage of any origin sustained by a structure whereby the cost of
restoring the structure to it's before damaged condition would equal or exceed 50 percent
of the market value of the structure before the damage occurred. It also means flood -related
32
Virginia Department of Conservation and Recreation (July 5, 2017 Version)
damages sustained by a structure on two occasions in a 10 year period, in which the cost
of the repair, on the average, equals or exceeds 25 percent of the market value of the structure
at the time of each such flood event.
NN. Substantial improvement - Any reconstruction, rehabilitation, addition, or other
improvement of a structure, the cost of which equals or exceeds 50 percent of the market
value of the structure before the start of construction of the improvement. The term does
not, however, include either:
1. 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
2. Any alteration of a historic structure, provided that the alteration will not preclude the
structure's continued designation as a historic structure.
3. Historic structures undergoing repair or rehabilitation that would constitute a
substantial improvement as defined above, must comply with all ordinance
requirements that do not preclude the structure's continued designation as a historic
structure. Documentation that a specific ordinance requirement will cause removal of
the structure from the National Register of Historic Places or the State Inventory of
Historic places must be obtained from the Secretary of the Interior or the State Historic
Preservation Officer. Any exemption from ordinance requirements will be the
minimum necessary to preserve the historic character and design of the structure.
00. Violation - the failure of a structure or other development to be fully compliant with the
community's floodplain management regulations. A structure or other development
without the elevation certificate, other certifications, or other evidence of compliance
required in this ordinance is presumed to be in violation until such time as that
documentation is provided.
PP. Watercourse - A lake, river, creek, stream, wash, channel or other topographic feature on
or over which waters flow at least periodically. Watercourse includes specifically
designated areas in which substantial flood damage may occur.
33
Virginia Department of Conservation and Recreation (July 5, 2017 Version)
ARTICLE VIII — ENACTMENT25
Enacted and ordained this day of 120 . This ordinance, number of
{community}, Virginia, shall become effective upon passage.
Signature
Title
Attested
25 This section can be customized based upon a community's preferences. The model ordinance contains this section
as FEMA requires an ordinance to have signatures from the community, either elected officials or administrators,
showing that the ordinance has been officially adopted. FEMA also requires a date of adoption and an ordinance
number.
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