KING WILLIAM COUNTY PLANNING COMMISSION AGENDA November 18, 2014 Regular Meeting 7:00PM

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1 KING WILLIAM COUNTY PLANNING COMMISSION AGENDA November 18, 2014 Regular Meeting 7:00PM 1. Call to Order 2. Roll Call 3. General Public Comment Period 4. Public Hearing ORD Floodplain Management a) Staff Introduction b) Commission discussion c) Public hearing d) Commission discussion e) Recommendation to Board of Supervisors 5. Unfinished Business a) ORD TCO Ordinance b) Comprehensive Plan - update 6. New Business a) Community Development Dept project updates b) Adoption of 2015 Meeting Schedule c) RPA exception discussion 7. Adjourn to December 2 nd, 2014 regular meeting Agenda, PC Nov. 18,

2 King William County Est Bret Schardein, CZA Director of Community Development Board of Supervisors C. Thomas Redd III, First District Travis J. Moskalski, Second District Stephen K. Greenwood, Third District Terry S. Stone, Fourth District Otto O. Williams, Fifth District MEMORANDUM November 18, 2014 TO: FROM: SUBJECT: Planning Commission Bret Schardein, Director of Community Development Floodplain management maps and ordinance update The Federal Emergency Management Agency ( FEMA ) is in the process of updating the Flood Insurance Study ( FIS ) and Flood Insurance Rate Maps ( FIRMs ) for King William County. This study will revise the coastal floodplains and has utilized more accurate topographic data as well as current methodologies and engineering practices to estimate flood risks. To maintain participation in the National Flood Insurance Program ( NFIP ) localities are mandated to adopt the revised FIRMs and revise their flood management ordinances in compliance with new state and federal standards. Below is a summary of the progress towards updating the maps and ordinance: Non-technical review Complete. Notice to property owners Complete. Appeal period Complete. Open House Complete. Planning Commission public hearing November 18 th, The Planning Commission will hold a public hearing on the revised maps and updated flood plain management ordinance and make a recommendation to the Board of Supervisors. Letter of Final Determination ( LFD ) March 16 th, FEMA will issue the County a LFD which will include the Effective Date for the new flood maps. This is the date by which the County must have its ordinance/maps adopted and approved by all agencies, or risk losing participation in NFIP. The Effective Date is tentatively set for 9/16/2015. Given the time needed for state and federal review, staff recommends the Planning Commission begin their review process now, including public hearing, make a recommendation to the Board of Supervisors by the end of Board of Supervisors adopt map/ordinance TBD Spring The Board should adopt the maps and ordinance no later than Spring 2015 to allow time for DCR/FEMA review. To allow for public input, consideration and staff to make any necessary revisions, staff recommends the Board take the matter up for discussion as soon as the Planning Commission has made its recommendation. Flood memo 2

3 Resiliency meeting TBD, likely Fall FEMA will assist the County in holding a public workshop on methods to make the County and structures more resilient to flood risks and damage. Staff has developed a draft ordinance based on the pre-approved template ordinance provided by DCR/FEMA. A red-lined copy of the changes has not been provided, as the existing and proposed ordinances are not similar enough to provide a useful side-by-side comparison. Notable changes from the current ordinance include: *Combining floodplain management into the Zoning Ordinance. Currently the flood ordinance is a standalone ordinance in the code, being contained within Chapter 38. Staff proposes to consolidate the flood ordinance into Chapter 86 Zoning. This will allow the BZA to be the appealing body to flood regulations. Currently the ordinance refers to an unspecific Board of Appeals. If this refers to the BZA, they may not actually be enabled to hear appeals to the current ordinance, as it is not within the zoning ordinance. If it refers to a separate flood appeals board, none was ever created to staff s knowledge and none currently exists. Appeals to the flood regulations are rare; however, this will consolidate the regulations into other development ordinances, which staff believes is logical as the flood zones are essentially overlay zones just like those found in the zoning ordinance currently. Utilizing the BZA will also provide for a standing body for appeals were one to be heard, rather than having to create, appoint and maintain a separate appeals body in addition to the many others which exist such as the PC, BoS, BZA, HPARB, Wetlands, Building Code Appeals. *Definitions added for many key terms. *Subdivision proposals of 5 or more acres (i.e. virtually all subdivision proposals) must submit Base Flood Elevation ( BFE ) data when located within the A and AE zones. Proposals within the X Zone (the vast majority of the County) do not need to provide BFE data. A and AE zones are generally not developable due to RPA buffers and there has been little riverside subdivision of property within recent years, therefor staff does not believe this requirement will have a significant impact on development. This provision is mandatory per FEMA. *Freeboard of 18 inches in A and AE zones. Freeboard is a specified height above and beyond the BFE which localities may require a new structure s lowest floor be elevated to. This gives a margin of error in case the mapping data is not accurate on a particular parcel or flood conditions change over time. Currently there is no freeboard in the flood ordinance. This provision is optional, but strongly recommended by DCR/FEMA. Freeboard will provide for discounts on flood insurance rates in the County. The insurance companies round up freeboard to the nearest foot, so 18 (1.5 feet) will give the full insurance discount benefit of a 24 (2 feet) of free-board, without the additional development restriction. There has been little development within A/AE zones and they are often not developable due to RPA buffers; therefore, staff does not believe this will have a significant impact on development. Having freeboard will also award points towards qualifying the County in the NFIP s Community Rating System if that were to be pursued at a later date, which can provide flood insurance discounts of up to 45% for the highest qualifying communities. Flood memo 3

4 Persons interested in more information and tracking the progress may contact the Planning Department or visit FEMA s website and scroll down to King William County. Attachment: FEMA Flood Hazard Mapping Fact Sheet Current Flood ordinance (Chapter 38) Propose Flood ordinance (Article XX) Bret Schardein Director of Community Development Flood memo 4

5 A letter requesting the re-issuance (provide the case number of the LOMA to be reissued); and A copy of the LOMA to be reissued, if available. FEMA will review the case file and issue a new letter reflecting its new determination. How can I purchase flood insurance? A policy may be purchased from most licensed property insurance agents or brokers who are in good standing in the State in which the agent is licensed or through any agent representing a Write Your Own (WYO) company. Call or visit floodsmart.gov to find a flood insurance agent near you. What Factors Determine Flood Insurance Premiums? A number of factors are used to determine flood insurance premiums, including the amount of coverage purchased, the deductible, location, age, occupancy, and type of building. For newer buildings in floodplains, the elevation of the lowest adjacent grade (the lowest ground touching the structure), or lowest floor relative to the BFE will also be used to rate the policy. October 3, 2013 King William County, Virginia This Fact Sheet provides background information on the National Flood Insurance Program (NFIP) and Risk Mapping, Assessment, and Planning (Risk MAP) program, which are administered by the Federal Emergency Management Agency (FEMA), as well as an overview of the flood hazard assessment and mapping process underway in King William County, Virginia. FEMA is revising the county s Flood Insurance Rate Maps (FIRMs) and creating nonregulatory flood risk assessment products, using the latest technologies and the most current data, so that residents, homeowners, business owners, and community officials may understand their local flood risk and take action to keep people and property safe from floods. What is the NFIP? What is Risk MAP? Congress established the NFIP due to escalating costs to taxpayers for flood disaster relief. If a community participates in sound floodplain management, the Federal Government will make flood insurance available to residents in that community. FIRMs show the Special Flood Hazard Area (SFHA). Development may take place within the SFHA provided that it complies with local floodplain ordinances that meet NFIP criteria. Risk MAP is a FEMA program that provides communities with additional risk assessment tools and outreach support. Through collaboration with States and local entities, FEMA will deliver quality data that increase public awareness and strengthen local ability to make informed decisions about reducing risk to life and property. For Further Information For any questions concerning flood hazard mapping or LOMAs, please contact the FEMA Map Information exchange s (FMIX) toll-free information line at FEMA MAP ( ). More information is available online at: The FMIX has flood hazard mapping information and products that may be reviewed online and downloaded at For map orders and questions call FEMA MAP ( ). For information about floodplain management, ordinances, or map adoption policies, communities can contact their State NFIP Coordinator. For questions specifically concerning insurance, please call or visit What is a FIRM? When FEMA maps flood hazards in a community or county, two products are produced a Flood Insurance Study (FIS) report and a FIRM. An FIS contains prior flooding information, descriptions of the flooding sources, information on flood protection measures, and a description of the hydrologic and hydraulic methods used in the study. A FIRM illustrates the extent of flood hazards in a community by depicting flood risk zones and the SFHA and is used with the FIS to determine the floodplain development regulations that apply in each flood risk zone and who must buy flood insurance. FIRMs also depict Base (1% annual chance) Flood Elevations (BFEs) or flood depths, floodways, and common physical features such as roads What is FEMA s Process for Revalidating Existing LOMAs and LOMRs? To revalidate map changes, FEMA conducts a detailed comparison of the BFEs shown on FEMA s new FIRM and the lowest adjacent grade or lowest lot elevation of previously issued map changes. Those structures or properties that are above the BFE or are located in areas of the community that are not affected by updated flood hazard information are revalidated through a formal determination letter that is issued to the community s Chief Executive Officer when the new FIRM becomes effective. The revalidation letter is also mailed to each community s map repository to be kept on file and is available for public reference. Map changes that have been issued for multiple lots or structures where the determination for one or more of the lots or structures have changed cannot be automatically revalidated through the administrative process described above. To request that FEMA review such map changes (i.e., those that are not included in the revalidation letter), please submit the following to FEMA: Flood Hazard Mapping Fact Sheet

6 Flood Hazard Mapping Fact Sheet March 5, King William County, Virginia The Mapping Process How do I Find Out if a Structure or Property is Located in the SFHA? You can locate a building or a lot by consulting the FIRM, or by contacting the floodplain administrator for your community. For help interpreting a FIRM, telephone the FEMA Map Information exchange (FMIX) at FEMA MAP ( ). What is an Appeal? Some flood studies result in new or revised flood hazard information. During the 90-day appeal period, community officials and others may object to the accuracy of this flood hazard information, which may include new or revised BFEs, base flood depths, SFHA boundaries or zone designations, or regulatory floodways. All appeals must be based on data that show the new or revised flood hazard information is scientifically or technically incorrect. Communities should coordinate with the FEMA Philadelphia office before submitting an appeal. Why Are the Maps Being Updated? Existing coastal flood hazard areas reflect information that was available at the time the maps were created, and may not reflect the effects of development or changes in the shoreline, topography and vegetation. A new coastal study has been completed that incorporates recent data into new modeling and mapping technologies to provide more detailed and reliable information about the Region s coastal flood risks. This Physical Map Revision (PMR) has been issued for King William County in order to incorporate new detailed coastal flood hazard analyses for the Mattaponi River (to the north), the Pamunkey River (to the south), and the York River (where the Mattaponi and Pamunkey Rivers combine to the southeast of the county). What Else Has Changed? New BFEs were computed for the Town of West Point and the unincorporated areas of King William County. What is a Comment? Challenges received during the appeal period that do not involve proposed flood hazard information are called comments ; these generally involve concerns with updated corporate limits, jurisdictional boundaries, road names, and other base map errors or omissions; or requests that a Letter of Map Amendment (LOMA) Letter of Map Revision Based on Fill (LOMR-F), or Letter of Map Revision (LOMR) be incorporated. What Happens After the Appeal Period? FEMA will issue a Letter of Final Determination and then provide the community with six months to adopt up-to-date floodplain management ordinances. If the floodplain ordinances in effect are satisfactory, they can be submitted in their current form. If ordinances need to be updated, communities should seek assistance from their State NFIP Coordinator or the FEMA office in Philadelphia. After the six-month compliance period, the new FIS and FIRM will become effective. What if a Structure is Shown in a Different Flood Zone on the New Map? The new map will not affect continuing insurance policies for a structure built in compliance with local The key steps in the Risk MAP mapping and product development process are outlined below. Additionally, the points at which community officials and property owners may provide comments and express concerns with the information in the FIS report and FIRM are identified. Scoping/ Discovery and Map Production These tasks have been completed Preliminary Map Release and Planning Due Process and Path Forward Final Determination Preliminary FIS and FIRM issued to all communities Communities comment on preliminary FIS and FIRM to FEMA Communities begin planning to mitigate flood risk New FIS, FIRM and Flood Risk Products presented with NFIP requirements at community meeting 90-day appeal period for FIS/FIRM begins after a 2nd public notice Issued by FEMA following the appeal period Federal Register notice published Resilience Meeting held to review potential mitigation actions floodplain management regulations and the flood map in effect at the time of construction. However, should the structure be substantially improved or substantially damaged (where damages or improvements reach 50% or more of the predamage market value) the entire structure will have to be brought into compliance with the floodplain requirements and the BFE in effect at the time any repairs take place. Is There any Recourse if I Do Not Agree with the New Map? Although FEMA uses the most accurate flood hazard information available, limitations of scale or topographic definition of the source maps used to prepare the FIRM may cause small areas that are at or above the BFE to be inadvertently shown within Special Flood Hazard Area boundaries. Such situations may exist in King William County. For these situations, FEMA established the LOMA process to remove such structures from the SFHA. Final FIS and FIRM Effective Six months after the final determination FIS and FIRM published and distributed by FEMA The new effective FIS and FIRM available at community offices for FEMA s review of the LOMA request, but the requester of a LOMA must provide all of the information needed for a review. Elevation information certified by a licensed surveyor is often required if an elevation certificate is not available. Will LOMAs Issued under the Old Map be Valid under the New Map? When a new FIRM becomes effective, it automatically supersedes previously issued LOMAs, LOMRs, and other map changes that have been issued for structures and properties on the revised FIRM panels. Recognizing that some map changes may still be valid even though the flood hazard information on the FIRM has been updated, FEMA has established a process for revalidating such map changes. How Can I Request a LOMA? To obtain a LOMA, the requester must complete a LOMA application form that is downloadable from: For a LOMA to be issued removing a structure from the SFHA, federal regulations require that lowest adjacent grade be at or above the BFE. There is no fee 6

7 DIVISION 1. GENERALLY Sec Purpose of article. Sec Applicability of article provisions. Sec Compliance and liability. Sec Abrogation and greater restrictions. Sec Penalties. Sec Definitions. Secs Reserved. Chapter 38 FLOODS Sec Purpose of article. The purpose of the provisions of this article is to prevent the loss of life and 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: (1) 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. (2) Restricting or prohibiting certain uses, activities, and development from locating within areas subject to flooding. (3) 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. (4) Protecting individuals from buying land and structures which are unsuited for intended purposes because of flood hazards. (Ord. of ) Sec Applicability of article provisions. The provisions of this article shall apply to all lands within the jurisdiction of King William County and identified as being in the 100-year floodplain by the Federal Insurance Administration. (Ord. of ) Sec 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 article and any other applicable ordinances and regulations which apply to uses within the jurisdiction of this article. (b) The degree of flood protection sought by the provisions of this article is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study. Larger floods may occur on rare occasions. Flood heights may be increased by manmade or natural causes, such as ice jams and bridge openings restricted by debris. This article does not imply that areas outside the Flood Ord. Current 7

8 floodplain area or that land uses permitted within such area will be free from flooding or flood damages. (c) This article shall not create liability on the part of the county or any officer or employee thereof for any flood damages that result from reliance on this article or any administrative decision lawfully made under this article. (d) Records of actions associated with administering this ordinance shall be kept on file and maintained by the administrator. (Ord. of ) Sec Abrogation and greater restrictions. This article supersedes any ordinance currently in effect in floodprone areas. However, any underlying ordinance shall remain in full force and effect to the extent that its provisions are more restrictive than this article. (Ord. of ) Sec Penalties. (a) Any person who fails to comply with any of the requirements or provisions of this article or directions of the permit officer or any other authorized employee of the county shall be guilty of a misdemeanor of the first class and subject to the penalties therefor. (b) In addition to the penalties in subsection (a) of this section, 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 to permit it to continue; and all such persons shall be required to correct or remedy such violations or noncompliances within a reasonable time. Any structure constructed, reconstructed, enlarged, altered, or relocated in noncompliance with this article may be declared by the board of supervisors to be a public nuisance and abatable as such. Flood insurance may be withheld from structures constructed in violation of this article. (Ord. of ) Sec Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Administrator means the person appointed and charged by the board of supervisors to administer and to enforce the this article. Base flood elevation means the Federal Emergency Management Agency (FEMA) designated 100- year water surface elevation. Base flood/100-year flood means a flood that, on the average, is likely to occur once every 100 years (i.e., that has a one percent chance of occurring each year, although the flood may occur in any year). Basement means any area of the building having its floor subgrade below ground level on all sides. Board of appeals means the board appointed by the board of supervisors to review and to act on appeals made by individuals with regard to decisions of the administrator in the interpretation of the this article. Board of supervisors means the governing body of the County of King William, Virginia. Flood Ord. Current 8

9 Development means any manmade change to improved or unimproved real estate including, but not limited to, buildings or other structures, the placement of manufactured homes, streets, and other paving, utilities, filling, grading, excavation, mining, dredging, drilling operations, or storage of equipment or materials. Encroachment means 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. Flood or flooding means: (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. (2) The collapse or subsistence 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. (3) 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. Floodplain means: (1) A relatively flat or low land area adjoining a river, stream or watercourse which is subject to partial or complete inundation; (2) An area subject to the unusual and rapid accumulation or runoff of surface water from any source. Floodprone area means any land area susceptible to being inundated by water from any source. Floodway means the designated area of the floodplain required to carry and discharge floodwaters of a given magnitude. For the purposes of this article, the floodway shall be capable of accommodating a flood of the 100-year magnitude. Freeboard means a factor of safety usually expressed in inches or 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. For purposes of the administration and enforcement of this ordinance and related provisions of King William County building code, the minimum freeboard shall be 12 inches. Historic structure means any structure that is: (1) Listed individually in the National Register of Historic Places (a listing maintained by the U.S. 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: Flood Ord. Current 9

10 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. Lowest floor means 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 nonelevation design requirements of Federal Code 44CFR Manufactured home means 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 attached to the required utilities. The term manufactured home does not include recreational vehicle. Manufactured home park/subdivision means a parcel (or contiguous parcels) of land divided into two or more lots for rent or sale. New construction means, 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 or after December 31, 1974, 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. Recreational vehicle means a vehicle which is: (1) Built on a single chassis; (2) Four hundred square feet or less when measured at the largest horizontal projection; (3) Designed to be self-propelled or permanently tow able by a light duty truck; and (4) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational camping, travel, or seasonal use. Shallow flooding area means 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 means the land in the floodplain subject to a one percent or greater chance of being flooded in any given year as determined in division 2, of this article. Start of construction means the date the building permit was issued, provided that the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, 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 construction means the first alteration on any wall, ceiling, floor, or other structural part of a building, whether or not the alteration affects the external dimensions of the building. Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its condition prior to being damaged would equal or exceed 50 percent of the market value of the structure before the damage occurred. Substantial improvement means 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 Flood Ord. Current 10

11 start of construction of the improvement. This term includes structures which have incurred substantial damage regardless of the actual repair work performed. 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 ensure safe living conditions; or (2) Any alteration of an historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure. Watercourse means 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. (Ord. of ) Cross reference Definitions generally, 1-2. Secs Reserved. DIVISION 2. ESTABLISHMENT OF FLOODPLAIN AREAS Sec Description of areas. Sec Official floodplain map. Sec Boundary changes. Sec Interpretation of area boundaries. Secs Reserved. Sec Description of areas. (a) The floodplain area shall include areas subject to inundation by waters of the 100-year flood. The basis for the delineation of the area shall be the 100-year flood elevations or profiles contained in the flood insurance study for King William County prepared by the Federal Emergency Management Agency, Federal Insurance Administration, dated July 20, 2009, as amended. The approximated floodplain area shall be that floodplain area for which no detailed flood profiles or elevations are provided, but where a 100-year floodplain boundary has been approximated. Such areas are shown as Zone A on the flood insurance rate maps accompanying the flood insurance study. For these areas, the 100-year flood elevations and floodway information from federal, state, and other acceptable sources shall be used, when available. Where the specific 100-year 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 Floodprone Quadrangles, etc., then the applicant for the proposed use, development and/or activity shall determine this elevation in accordance with hydrologic and hydraulic engineering techniques. 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 planning department. (b) The special floodplain district shall be those areas identified as either an AE Zone or A1-30 Zone on the maps accompanying the flood insurance study for which 100-year flood elevations have been provided but for which no floodway has been delineated. (c) The shallow flooding district shall be those areas identified as Zone AO or AH on the maps accompanying the flood insurance study. Flood Ord. Current 11

12 (Ord. of ) Sec Official floodplain map. The boundaries of the floodplain areas are established as shown on the flood insurance rate map (FIRM) which is declared to be a part of this article and which shall be kept on file at the county planning department office. (Ord. of ) Sec Boundary changes. The delineation of the floodplain areas may be revised by the board of supervisors where natural or manmade 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 Insurance Administration. (Ord. of ) Sec Interpretation of area boundaries. Initial interpretations of the boundaries of the floodplain areas shall be made by the permit officer. Should a dispute arise concerning the boundaries, the board of 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. (Ord. of ) Secs Reserved. DIVISION 3. AREA PROVISIONS Sec General provisions. Sec Design criteria for utilities and facilities. Secs Reserved. Sec General provisions. (a) Permit requirement. All uses, activities, and development occurring within the floodplain area shall be undertaken only upon the issuance of all applicable building and other development-related permits. Such development shall be undertaken only in strict compliance with the provisions of the this article and with all other applicable codes and ordinances of King William County, including but not necessarily limited to the Virginia Uniform Statewide Building Code, which includes provisions governing the construction, reconstruction or other modification of structures situated in the flood prone areas delineated on the maps accompanying the flood insurance study. Prior to the issuance of any such permit, the permit officer shall require all applications to include compliance with all applicable state and federal laws. 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. Flood Ord. Current 12

13 (b) Alteration or relocation of watercourse. 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. Army Corps of Engineers, the Virginia Marine Resources Commission, and the Virginia Department of Environmental Quality (a joint permit application is available from anyone of these organizations). Further notification of the proposal shall be given to all adjacent jurisdictions, the Virginia Department of Conservation and Recreation - Dam Safety and Floodplain Management and the Federal Emergency Management Agency. (c) Site plans and permit applications. All applications for development in the floodplain areas and all building permits issued for the floodplain shall incorporate the following information: (1) For structures to be elevated, the elevation of the lowest floor including the basement. (2) For structures to be flood proofed (nonresidential only), the elevation to which the structure will be floodproofed. (3) The elevation of the 100-year flood. (4) Topographic information showing existing and proposed ground elevations. (d) Encroachment provisions. (1) No new construction or development shall be permitted within the floodplain area 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 elevation of the 100-year flood more than one foot at any point. (2) 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 analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in the 100-year flood elevation. (e) Manufactured homes. (1) Manufactured homes shall be elevated on a permanent foundation so that the lowest floor of the manufactured home is elevated to or above the base flood elevation plus the minimum freeboard and is securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement. (2) Recreational vehicles shall either: a. Be on the site for fewer than 180 consecutive days; and b. Be fully licensed and ready for highway use; or c. If on the site for 180 or more consecutive days, meet the permit requirements for placement and the elevation and anchoring requirements for manufactured homes as delineated in paragraph (e)(1) above. 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: (1) 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 water, wastewater (sanitary sewer), gas, electrical and water systems located and constructed to minimize flood damage; (3) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards; and Flood Ord. Current 13

14 (4) Base flood elevation data shall be provided for subdivision proposals and other proposed development proposals (including manufactured home parks and subdivisions) that exceed 50 lots or five acres, whichever is the lesser. (Ord. of ) Sec Design criteria for utilities and facilities. (a) Wastewater (sanitary sewer) facilities. All new or replacement wastewater (sanitary sewer) facilities and private package wastewater (sewage) treatment plants, including all pumping stations and collector systems, shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into the floodwaters. In addition, they should be located and constructed to minimize or eliminate flood damage and impairment. (b) Water facilities. All new or replacement water facilities shall be designed to minimize or eliminate infiltration of floodwaters into the system and be located and constructed to minimize or eliminate flood damages. (c) Drainage facilities. All storm drainage facilities shall be designed to convey the flow of surface waters without damage to persons or property. The systems shall ensure drainage away from buildings and on-site waste disposal sites. The board of supervisors may require a primarily underground system to accommodate frequent floods and a secondary surface system to accommodate larger, less frequent floods. Drainage plans shall be consistent with local and regional drainage plans. The facilities shall be designed to prevent the discharge of excess runoff onto adjacent properties. (d) Utilities. All utilities, such as gas lines, electrical and telephone systems being placed in flood prone areas should be located, elevated (where possible), and constructed to minimize the chance of impairment during a flooding occurrence. (e) Streets and sidewalks. Streets and sidewalks should be designed to minimize their potential for increasing and aggravating the levels of flood flow. Drainage openings shall be required to sufficiently discharge flood flows without unduly increasing flood heights. (Ord. of ) Cross reference Utilities, ch. 78. Secs Reserved. DIVISION 4. VARIANCES; CONTINUING USES Sec Variances; factors to be considered. Sec Existing structures in floodplain areas. Sec Variances; factors to be considered. (a) Whenever a person is aggrieved by a decision of the permit officer with respect to the provisions of this article, it is the right of that person to appeal to the board of appeals for a variance. Such appeal must be filed, in writing, within 30 days after the determination by the permit officer. Upon receipt of such an appeal, the board of appeals shall set a time and place for the purpose of hearing the appeal, which shall be not less than ten nor more than 30 days from the date of the receipt of the appeal. Notice of the time and place of the hearing of the appeal shall be given to all parties at which time they may appear and be heard. The determination by the board of appeals shall be final in all cases. Flood Ord. Current 14

15 (b) In passing upon applications for variances, the board of appeals shall satisfy all relevant factors and procedures specified in other sections of this article and consider the following additional factors: (1) 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 area that will cause any increase in the 100-year 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 wastewater (sanitary sewer) 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 community. (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 area. (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 floodwaters expected at the site. (12) The repair or rehabilitation of historic structures 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) Such other factors which are relevant to the purposes of this article. (c) The board of 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. (d) Variances shall be issued only after the board of appeals has determined that the granting of such will not result in: (1) Unacceptable or prohibited increases in flood heights; (2) Additional threats to public safety; (3) Extraordinary public expense; (4) Creating nuisances; (5) Causing fraud or victimization of the public; or (6) Conflict with local laws or ordinances. (e) Variances shall be issued only after the board of appeals has determined that the variance will be the minimum required to provide relief from any hardship to the applicant. (f) The board of appeals shall notify the applicant for a variance, in writing, that the issuance of a variance to construct a structure below the 100-year flood elevation increases the risks to life and property and will result in increased premium rates for flood insurance. Flood Ord. Current 15

16 (g) 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 which are issued shall be noted in the annual or biennial report submitted to the Federal Insurance Administrator. (Ord. of ) Sec Existing structures in floodplain areas. A structure or use of a structure or premises which lawfully existed before the enactment of this article, but which is not in conformity with the provisions of this article, may be continued subject to the following conditions: (1) Any modification, alteration, repair, reconstruction, or improvement of any kind to a structure and/or use located in any floodplain area to an extent or amount of less than 50 percent of its market value, shall conform to the Virginia Uniform Statewide Building Code. (2) The modification, alteration, repair, reconstruction, or improvement of any kind to a structure and/or use, regardless of its location in a floodplain area to an extent or amount of 50 percent or more of its market value shall be undertaken only in full compliance with this article and shall require the entire structure to conform with the Virginia Uniform Statewide Building Code. (Ord. of ) Flood Ord. Current 16

17 Article XX. Floods. CONTENTS DIVISION I - GENERAL PROVISIONS Section Purpose of Article. Section Applicability of Provisions. Section Compliance and Liability. Section Records. Section Abrogation and Greater Restrictions. Section Severability. Section Penalties for Violations. Section Definitions. DIVISION II ADMINISTRATION Section Designation of the Floodplain Administrator. Section Duties and Responsibilities. Section Use and Interpretation of FIRMs. Section Jurisdictional Boundary Changes. Section District Boundary Changes. Section Interpretation of District Boundaries. Section Submitting Technical Data. Section Letters of Map Revision. DIVISION III - ESTABLISHMENT OF DISTRICTS Section Description Districts. Section Overlay Concept. DIVISION IV - DISTRICT PROVISIONS Section Permit and Application Requirements. Section General Standards. Section Elevation and Construction Standards. Flood Ord. Proposed 17

18 Section Standards for Subdivision Proposals. DIVISION V - VARIANCES; CONTINUING USES Section Existing Structures. Section Variances. Sections Reserved. Flood Ord. Proposed 18

19 DIVISION I. GENERAL PROVISIONS Section Purpose of Article. The purpose of these provisions is to prevent: the loss of life and 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 flood-proofed against flooding and flood damage; and, D. protecting individuals from buying land and structures which are unsuited for intended purposes because of flood hazards. Section Applicability of Provisions. These provisions shall apply to all privately and publicly owned lands within the jurisdiction of King William County and identified as areas of special flood hazard according to the FIRM that is provided to King William County by Federal Emergency Management Agency (FEMA). Section 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 jams 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 King William 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. Flood Ord. Proposed 19