ORDINANCE NO.  05-18(   )

 

AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE III, DISTRICT REGULATIONS, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA

 

BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 18, Zoning, Article III, District Regulations, is hereby amended and reordained as follows:

 

By Amending:

Sec. 30.3.01            Intent

Sec. 30.3.02.1         Definitions

Sec. 30.3.02.2         Determination of Floodway and Floodway Fringe in the Approximated Flood Plain

Sec. 30.3.05.1.2      By Right Within the Floodway Fringe

Sec. 30.3.07            Amendment of the Flood Hazard Overlay District

 

By Repealing:

Sec. 30.3.06.2   Finding of the County Engineer

 

Chapter 18.  Zoning

 

Article III.  District Regulations

 

30.3 FLOOD HAZARD OVERLAY DISTRICT – FH

 

30.3.01 INTENT

 

It is intended that the flood hazard overlay district hereby and hereafter created shall be for the purpose of providing safety and protection from flooding. More specifically, these provisions are intended to restrict the unwise use, development and occupancy of lands subject to inundation which may result in: danger to life and property; public costs for flood control measures and/or rescue and relief efforts; soil erosion, sedimentation and siltation; pollution of water resources; and general degradation of the natural and man-made environment. 

 

It is further intended that these provisions shall be adequate for qualification and continuation of Albemarle County on the regular program of the National Flood Insurance Program as administered by the Federal Insurance Administration and the Federal Emergency Management Agency (FEMA). To these ends, provisions have been developed in accordance with regulations governing the regular program.

 

30.3.02 APPLICATION

 

30.3.02.1 DEFINITIONS—GENERALLY

 

The flood hazard overlay district shall include all areas subject to inundation by the waters of the one hundred year flood. The source of this delineation shall be the Flood Insurance Study for Albemarle County and Incorporated Areas and the Independent City of Charlottesville prepared by FEMA, effective on and after February 04, 2005 (the “flood study”) flood insurance study for the County of Albemarle, Virginia, as prepared by the Federal Insurance Administration Federal Emergency Management Agency, dated June 16, 1980 .

 

The flood hazard overlay district shall be comprised of three subdistricts as follows:

 

The following definitions shall apply in the administration and interpretation of this section 30.3:

 

1.   One-hundred year flood:  The term “one-hundred year flood” is a design storm of a specific intensity and duration with a return frequency of one-hundred years or a one-percent probability of being equaled or exceeded in a given year.  The term “one-hundred year flood” is also referred to as the one (1)-percent annual chance flood.

 

2.   Base flood elevation (BFE):  The term “base flood elevation” is the one-hundred year flood elevation that has been determined at a cross section of a stream reach, as designated in the flood study.  

 

3.   Flood plain:  The term “flood plain” means any land susceptible to being inundated by                        the flood waters generated by a one-hundred year flood, as designated in the flood study.

 

4.a.  Floodway (Fl)The term “floodway” means That portion of the flood hazard overlay district required to carry and discharge the waters of the one hundred year flood without increasing the water surface elevation at any point more than one (1) foot above existing conditions, as demonstrated in the flood insurance study referenced above. the stream channel and that portion of the adjacent flood plain that must be reserved to carry and discharge the waters of the one-hundred year flood, as designated in the flood study, without increasing the flood water surface elevation at any point more than one (1) foot above the base flood elevation and provided that hazardous velocities are not produced.

 

5.b. Floodway Ffringe (F2): The term “floodway fringe” means Those portions of land within the            flood hazard overlay district subject to inundation by the one hundred year flood, lying         beyond the floodway in areas where detailed study data and profiles are available. that      portion of the flood plain that lies between the floodway and the outer limits of the flood   plain, as designated in the flood study.  For the sole purpose of determining permissible uses            under sections 30.3.05.1.2 and 30.3.05.2.2, the floodway fringe also shall include the       approximated flood plain.

 

6.c. Approximated Fflood Pplain (F3): The term “approximated flood plain” means Those portions of land within the flood hazard overlay district subject to inundation by the one hundred year flood, where a detailed study has not been performed but where a one hundred year flood plain boundary has been approximated. those flood plain regions where base flood elevations have not been determined, as designated in the flood study. 

 

7.d. Development:  The term “development” means, for the purposes of this section only, shall      mean any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or           drilling operations.

 

8.e. Substantial improvement:  The term “substantial improvement” means, for the purposes of this section only, shall mean any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds fifty (50) percent of the market value of the structure either (1) before the improvement or repair is started, or (2) if the structure has been damaged, the       market value before the damage occurred. For the purpose of this definition “substantial improvement” is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the     external dimensions of the structure. The term does not, however, include either (1) any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions, or (2) any alteration of a structure listed on the National Register of Historic Places or the Virginia Historic Landmarks Commission.

 

9.f. Start of construction: The term “start of construction” means, for the purposes of this section            only includes substantial improvement, and means the date the building permit was issued,   provided the actual start of construction, repair, reconstruction, placement or other          improvement was within one hundred eighty (180) days of the permit date. The actual start       means either the first placement of permanent construction of a structure on a site, such as the          pouring of slab or footings, the installation of piles, the construction of columns or any work            beyond the stage of excavation. Permanent construction does not include land preparation,       such as clearing, grading and filling; nor does it include the installation of streets and/or      walkways; nor does it include excavation for a basement, footings, piers or foundations or the        erection of temporary forms; nor does it include the installation on the property of accessory     buildings, such as garages or sheds not occupied as dwelling units or not part of the main             structure. (Added 6-10-87)

 

30.3.02.2 DETERMINATION OF FLOODWAY AND FLOODWAY FRINGE IN THE

APPROXIMATED FLOOD PLAIN

 

Except for such uses permitted in the floodway in accordance with section 30.3.5, no use, structure or building shall be established and no rezoning petition, site development plan, subdivision plat, building permit or other county approval shall be given for lands located within any approximated flood plain, prior to verification by the county engineer as to the limits of the floodway and floodway fringe within such lands. In his determination of the limits of the floodway and floodway fringe, and one hundred year flood elevation, the county engineer may request assistance from the Federal Insurance Administration, the United States Army Corps of Engineers, and such other qualified agencies and persons as he deems appropriate. The county engineer shall require the applicant to provide such information as he deems reasonably necessary to make his determination. The cost of such determination shall be borne entirely by the applicant.

 

(§ 30.3.02.2, 12-10-80; Ord. 01-18(6), 10-3-01)

 

30.3.05.1.2 BY RIGHT WITHIN THE FLOODWAY FRINGE

 

1.        Uses permitted by right in the floodway.

 

2.        Accessory structures to uses permitted by right in the floodway, excluding structures for human habitation; provided that any such structure permitted shall be firmly anchored to prevent flotation, collapse or lateral movement due to flooding.

 

3.        Pedestrian and multi-use paths that are within county owned or operated parks and greenways; provided that any filling of land has been approved by the county engineer in accordance with section 30.3.06.1(1) through (5); and any footbridges necessary to cross tributary streams, watercourses and swales have been approved by the county engineer.

 

30.3.06.2 FINDING OF COUNTY ENGINEER

 

Upon completion of a fill operation in accordance with section 30.3.6.1, and at such time

as the county engineer is reasonably satisfied that such fill is stabilized at a finished grade above the one hundred year flood elevation, he shall notify the board of supervisors of such finding. The board of supervisors shall review such finding for amendment of the flood hazard overlay district as generally provided in section 33.0 and particularly provided in section 30.3.7. In the event of amendment, lands deleted from the flood hazard overlay district shall enjoy all uses of the underlying zone, as such uses are permitted therein.

 

 

30.3.07 AMENDMENT OF THE FLOOD HAZARD OVERLAY DISTRICT

 

The delineation of the flood hazard overlay district may be revised, amended and modified by the board of supervisors in compliance with the National Flood Insurance Program when any of the following conditions are met:

 

1.      Upon completion of a fill operation in accordance with section 30.3.06.1; and, county engineer receipt of notification from FEMA that a map amendment based on the placement of fill has been issued; and, at such time as the county engineer is reasonably satisfied that such fill is stabilized, at a finished grade above the one hundred year flood elevation, and in compliance with any related conditions imposed by the board of supervisors in approval of a special use permit; the county engineer shall notify the board of supervisors of such finding.  The board of supervisors shall review such finding for amendment of the flood hazard overlay district as generally provided in section 33.0 and particularly provided in section 30.3.07. In the event of amendment, lands deleted from the flood hazard overlay district shall enjoy all uses of the underlying zone, as such uses are permitted therein.

 

2.      There are changes through natural or other causes.

 

3.      There are changes indicated by FEMA issuance of letters of map amendment (LOMA) or letters of map revision (LOMR).

 

4.      There are changes indicated by future detailed hydrologic and hydraulic studies.

 

a.       There are changes through natural or other causes;

 

b.       Changes are indicated by future detailed hydrologic and hydraulic studies.

 

All such changes are subject to the review and approval of the Federal Insurance AdministrationFEMA.

 

This ordinance shall be effective on and after February 5, 2005.

 

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