HomeMy WebLinkAbout2009-03ORDINANCE 2009-03
~; Ordinance Amending the Flood Overlay District
• ADOPTED: January 6, 2409
EFFECTIVE: January 6, 2009
•
ORDINANCE 2009-03
ORDINANCE AMENDING THE FLOOD OVERLAY DISTRICT
WHEREAS, the Town Council of the Town of Pulaski, Virginia has deemed it in the interest of
the public health, welfare and safety of the Town and its citizens to participate in the National
Flood Insurance Program (NFIP); and
WHEREAS, the Town Council wishes to continue participation in the program by amending the
Flood Overlay District regulations, with updated regulations and maps supplied by the Federal
Government, adoption of which is necessary to meet the minimum requirements for the Town's
citizens to participate in the National Flood Insurance Program (NF/P); and,
WHEREAS, the Town Council, having received an affirmative recommendation from the
Planning Commission to adopt a zoning amendment and zoning map amendment updating the
provisions of the Flood Overlay District, conducted a duly noticed public hearing on December
9, 2008, in which the comments of the public were sought and heard;
NOW, THEREFORE be it ORDAINED, by the Town Council of the Town of Pulaski, Virginia
sitting in regular session this 6th day of January 2009, that § 416 of the Zoning Regulations for
the Town of Pulaski is hereby amended as shown in Attachment A, made a part hereof as if
expressly set forth herein; and,
BE IT FURTHER ORDAINED by the Town Council of the Town of Pulaski that the definitions
listed in Attachment B, made a part hereof as if expressly set forth herein, be incorporated into
§1102, the "Definitions" section of the Zoning Regulations to maintain the minimum standards
for Town participation in the National Flood Insurance Program;
BE IT FURTHER ORDAINED, by the Town Council of the Town of Pulaski that the Zoning Map
of the Town of Pulaski shall be amended to show the Flood Overlay District.
This ordinance is effective upon adoption and is hereby adopted this 6th day of January 2009 by
the duly recorded vote of the Town Council of the Town of Pulaski, Virginia as follows:
David L. Clark -Aye
Larry G. Clevinger, I I -Aye
H.M. Kidd -Aye
ATTEST:
Patricia Cruise, Clerk of Council
Joel B. Burchett, Jr. -Aye
Robert A. Bopp -Aye
Morgan P. Welker -Aye
THE TOWN OF PULASKI, VIRGINIA
BY:
rey S. Wor ell, Mayor
ATTACHMENT A
Section 416
Flood Overlay District
416.1 General Provisions
Section 416.1-1. Purpose.
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 districts subject to flooding.
(3) 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.
(4) Protecting individuals from buying land and structures which are unsuited for
their intended purposes because of flood hazards.
(Ord. No. 91-17, § 14-196, 7-2-1991)
Section 416.1-2. Applicability
The provisions of this article shall apply to all lands within the jurisdiction of the town and
identified as being in the 100-year floodplain by the Federal Emergency Management Agency.
(Ord. No. 91-17, § 14-197, 7-2-1991)
Section 416.1-3. Compliance and Liability.
(a) No land shall 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.
(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 districts
outside the floodplain district, or that land uses permitted within such district, will
be free from flooding or flood damages.
(c) This article shall not create liability on the part of the town or any officer or
employee of the town for any flood damages that result from reliance on this
article or any administrative decision lawfully made pursuant to this article.
(Ord. No. 91-17, § 14-198, 7-2-1991)
Section 416.1-4. Abrogation and Greater Restrictions.
This article supersedes any ordinance currently in effect in flood prone areas. However, any
underlying ordinance shall remain in full force and effect to the extent that its provisions are
more restrictive.
(Ord. No. 91-17, § 14-199, 7-2-1991)
Sec. 416.1-5. Penalties.
(a) Any person who fails to comply with any of the requirements or provisions of this
article or directions of the building official or any other authorized employee of
the town shall be guilty of a class 1 misdemeanor and subject to the penalties for a
class 1 misdemeanor.
(b) In addition to the penalties prescribed in subsection (a) of this section, all other
actions are 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
nor permit it to continue; and all such persons shall be required to correct or
remedy such violations or noncompliance within a reasonable time. Any structure
constructed, reconstructed, enlarged, altered or relocated in noncompliance with
this article may be declared by the town to be a public nuisance and abatable as
such. Flood insurance may be withheld from structures constructed in violation of
this article.
(Ord. No. 91-17, § 14-201, 7-2-1991)
Section 416.1-6. 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:
Base flood and 100 year flood mean 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).
Base flood elevation (BFE) means the Federal Emergency Management Agency designated 100-
year water surface elevation plus one additional foot in elevation.
Board of Zoning Appeals means the board appointed to review appeals made by individuals with
regard to decisions of the building official in the interpretation of this article.
Development means any manmade 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 or storage of equipment or materials.
FIS means flood insurance study.
Flood means:
(1) A general and temporary condition of partial or complete inundation of normally
dry land areas from:
a. The overflow of inland or tidal waters.
b. The unusual and rapid accumulation or runoff of surface waters from any
source.
Mudslides (i.e. mudflows) which are proximately caused by flooding as
defined in subsection (1)b. of this definition and are akin to a river of
liquid and flowing mud on the surfaces of normally dry land area, 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 a flash flood or by some similarly unusual
and unforeseeable event which results in flooding as defined in subsection (1)a. of
this definition.
Floodplain means:
(1) A relatively flat or low land area adjoining a river, stream or watercourse which is
subject to partial or complete inundation; or
(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.
Historic structure means any structure that is:
(1) 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.
Manufactured home means a structure subject to federal regulations, which is transportable in
one or more sections; is eight body feet or more in width and 40 body feet or more in length in
the traveling mode, or is 320 or more square feet when erected on site; is built on a permanent
chassis; is designed to be used as asingle-family dwelling, with or without a permanent
foundation when connected to the required facilities; and includes the plumbing, heating, air
conditioning and electrical systems contained in the structure.
Manufactured home park/subdivision means a parcel or contiguous parcels of land divided into
two or more lots for rent or sale.
New construction for the purposes of determining insurance rates, means 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 the town and includes any subsequent improvements to such structures.
Recreational vehicle means a vehicle which is:
(1) Built on a single chassis;
(2) No more than 400 square feet when measured at the largest horizontal projection;
(3) Designed to be self-propelled or permanently towable 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 designated as an AO or AH zone on the
Flood Insurance Rate Map (FIRM) with a one percent or greater annual chance of flooding to an
average depth of one to three feet where a clearly defined channel does not exist, where the path
of flooding is unpredictable, and where velocity flow may be evident. Such flooding is
characterized by ponding or sheet flow.
Start of construction means the date the building permit was issued, provided the actual start of
construction, repair, reconstruction, rehabilitation, addition, placement or other improvement was
within 180 days of the permit date. The actual start of construction 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 before-damaged condition 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 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 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 any alteration of a historic structure, provided that the alteration will not
preclude the structure's continued designation as a historic structure.
(Ord. No. 91-17, §§ 14-202, 14-215, 7-2-1991)
Cross references: Definitions generally, § 1-2.
Section. 416.1-7-~ 16.1-30. Reserved.
416.2 Establishment of Floodplain districts
Sec. 416.2-1. Description of Districts.
(a) Basis of districts.
(1) The various floodplain districts shall include areas subject to inundation by waters
of the 100-year flood as shown on The Flood Insurance Study and the Flood
Insurance Rate Maps prepared for the county of Pulaski by the Federal
Emergency Management Agency, dated September 26, 2008 as amended.
(2) This subsection (a)(4) is for use where a floodway has been delineated and
separate floodway and flood-fringe districts will be established.
a. The floodway district is delineated, for purposes of this section, using the
criterion that certain areas within the floodplain must be capable of
carrying the waters of the 100-year flood without increasing the water
surface elevation of that flood more than one foot at any point. The areas
included in this district are specifically defined in table 4 of the flood
insurance study and shown on the accompanying Flood Insurance Rate
Maps.
b. The flood-fringe district shall be that area of the 100-year floodplain not
included in the floodway district. The basis for the outermost boundary of
the district shall be the 100-year flood elevations contained in the flood
profiles of the flood insurance study and as shown on the accompanying
Flood Insurance Rate Maps.
(3) The approximated floodplain district 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 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., 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 town.
(4) The Shallow Flooding District shall be those areas identified as Zone AO or AH
on the maps accompanying the Flood Insurance Study.
(b) Overlay concept.
(1) The floodplain districts described in subsection (a) of this section 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.
(2) In the event of 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.
(3) If 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.
(Ord. No. 91-17, § 14-215, 7-2-1991)
Section 416.2-2. Official Floodplain Map.
The boundaries of the floodplain districts are established as shown on the referenced Flood
Insurance Rate Maps which are declared to the part of this article and shall be kept of file in the
Town Engineering offices.
(Ord. No. 91-17, § 14-216, 7-2-1991)
Section 416.2-3. District Boundary Changes.
The delineation of any of the floodplain districts may be revised by the town 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 Emergency Management Agency.
(Ord. No. 91-17, § 14-217, 7-2-1991)
Section 416.2-4. Interoretation of District Boundaries.
Initial interpretations of the boundaries of the floodplain districts shall be made by the building
official. 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.
(Ord. No. 91-17, § 14-218, 7-2-1991)
Sections 416.2-516.2-300 Reserved.
416.3 District Provisions
Section 416.3-1. General provisions.
(a) Permit requirement. All uses, activities and development occurring within any
floodplain district shall be undertaken only upon the issuance of a zoning permit.
Such development shall be undertaken only in strict compliance with the
provisions of this article and with all other applicable codes and ordinances, such
as the Virginia Uniform Statewide Building Code and chapter 74. Prior to the
issuance of any such permit, the building official 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 floodway of any watercourse, drainage ditch, or any
other drainage facility or system.
(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 state water control board, and the state marine resources commission (a joint
permit application is available from any of these organizations). Furthermore,
notification of the proposal shall be given by the applicant to all affected adjacent
jurisdictions, the Division of Dam Safety and Fooodplain Management, and the
Federal Emergency Management Agency.
(c) Site plans and permit applications. All applications for development in the
floodplain district 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
basement).
(2) For structures to be floodproofed (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) Manufactured homes. Manufactured homes that are placed or substantially
improved on sites shall be elevated on a permanent foundation such that the
lowest floor of the manufactured home is elevated to or above the base flood
elevation and be securely anchored to an adequately anchored foundation system
to resist flotation, collapse and lateral movement.
(e) Recreational vehicles.
(1) Recreational vehicles placed on sites shall either:
a. Be on the site for fewer than 180 consecutive days and be fully
licensed and ready for highway use; or
b. Meet the permit requirements for placement and the elevation and
anchoring requirements for manufactured homes in subsection (d)
of this section.
(2) 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.
(Ord. No. 91-17, § 14-23 0, 7-2-1991)
Section 416.3-2. Floodwav District.
In the floodway district, 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.
(Ord. No. 91-17, § 14-231, 7-2-1991)
Section 416.3-3. Permitted Uses and Activities in the Floodwav District
The following uses and activities are permitted in the floodway district provided they are in
compliance with the provisions of the underlying area and are not prohibited by any other
ordinance and provided they do not require structures, fill or storage of materials and equipment:
(1) Agricultural uses, such as general farming, pasture, grazing, outdoor plant
nurseries, horticulture, truck farming, forestry, sod farming and wild crop
harvesting.
(2) Public and private recreational uses and activities, such as parks, day camps,
picnic grounds, golf courses, boat launching and swimming areas, horseback
riding and hiking trails, wildlife and nature preserves, game farms, fish hatcheries,
trap and skeet game ranges, and hunting and fishing areas.
(3) Accessory residential uses, such as yard areas, gardens, play areas, and pervious
loading areas.
(4) Accessory industrial and commercial uses, such as yard areas, pervious parking
and loading areas, airport landing strips, etc.
(Ord. No. 91-17, § 14-232, 7-2-1991)
Section 416 3-4 Flood-Fringe and Approximated Floodplain Districts.
In the flood-fringe and approximated floodplain districts, the development and/or use of land
shall be permitted in accordance with the regulations of the underlying district, provided that all
such uses, activities and/or development shall be undertaken in strict compliance with the
floodproofing and related provisions contained in the Virginia Uniform Statewide Building Code
and all other applicable codes and ordinances.
(Ord. No. 91-17, § 14-233, 7-2-1991)
Section 416 3-5 Design criteria for utilities and facilities.
(a) Sanitary sewer facilities. All new or replacement sanitary sewer facilities and
private package sewage treatment plants, including all pumping stations and
collector systems, shall be designed to minimize or eliminate infiltration of
floodwaters into the systems or discharges from the systems into the floodwaters.
In addition, they shall 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 town
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 shall be located, elevated (where possible), and
constructed to minimize the chance of impairment during a flooding occurrence.
(e) Streets and sidewalks. Streets and sidewalks shall 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. No. 91-17, § 14-234, 7-2-1991)
Cross references: Utilities, ch. 86.
Section 416.3-6. Shallow Flooding District
(a) All new construction and substantial improvements of residential structures shall
have the lowest floor, including basement, elevated at least one foot above the
flood depth specified on the Flood Insurance Rate Map.
(b) All new construction and substantial improvements ofnon-residential structures
shall,
1. Have the lowest floor, including basement, elevated to at least one foot
above the flood depth specified on the Flood Insurance Rate Map or,
2. 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.
(c) Adequate drainage paths around structures on slopes shall be provided to guide
floodwaters around and away from proposed structures.
Sections.416.3-6--416.3-120. Reserved.
416.4. Variances
Section 416.4-1. Factors to be Considered.
(a) In passing upon applications for variances, the board of zoning appeals shall
satisfy all relevant factors and procedures specified in the zoning ordinance 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 district that will cause
any increase in the 100-year flood elevation.
(2) The danger that materials may be swept onto 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
town.
(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.
(b) 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.
(c) Variances shall be issued only after the Board of Zoning Appeals has determined
that the granting of such will not result in unacceptable or prohibited increases in
flood heights, additional threats to public safety, or extraordinary public expense;
and will not create nuisances, cause fraud or victimization of the public, or
conflict with local laws or ordinances.
(d) Variances shall be issued only after the Board of Zoning Appeals has determined
that variance will be the minimum required to provide relief from any hardship to
the applicant.
(e) 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 100-year flood
elevation increases the risks to life and property and will result in increased
premium rates for flood insurance.
(f) A record shall be maintained of the notification specified in subsection (e) of this
section 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 Emergency Management Agency.
(Ord. No. 91-17, § 14-25 0, 7-2-1991)
Sections.416.4-2-416.4-20. Reserved.
416.5. Existing Structures in Floodplain Districts
Section 416.5-1. Nonconforming Structures and Uses.
A structure or use of a structure or premises which lawfully existed before July 2, 1991, but
which is not in conformity with this article, may be continued subject to the following
conditions:
(1) Existing structures in the floodway district shall not be expanded or enlarged
unless it has been demonstrated through hydrologic and hydraulic analyses
performed in accordance with standard engineering practice that the proposed
expansion would not result in any increase in the 100-year flood elevation.
(2) 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 be elevated and/or floodproofed to the
greatest extent possible.
(3) 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 the provisions of this article and the Virginia Uniform
Statewide Building Code.
(Ord. No. 91-17, § 14-260, 7-2-1991)
Definition Amendments
Attarhmpnt B
Term Definition Action/Amendment
Base flood and 100 year means a flood that, on the average, is likely to occur Replace existing definition with
flood once every 100 years (i.e., that has a one percent latest definition
chance of occurring each year, although the flood
may occur in any year).
Base flood elevation means the Federal Emergency Management Agency Add new term to the definitions
designated 100-year water surface elevation. and add "plus one additional
foot in elevation.
Board of Zoning Appeals means the board appointed to review appeals made Add additional definition to the
by individuals with regard to decisions of the building existing definition noting that the
official in the interpretation of this article. second definition applies in
relation to the flood dist.
Develo ment No chan a needed.
FIS Means flood insurance stud Add to definitions.
Flood (1) A general and temporary condition Replace existing definition with
of partial or complete inundation of latest definition
normally dry land areas from:
a. The overflow of inland or
tidal waters.
b. The unusual and rapid
accumulation or runoff of
surface waters from any
source.
c. Mudslides (i.e. mudflows)
which are proximately
caused by flooding as
defined in subsection
(1)b. of this definition and
are akin to a river of liquid
and flowing mud on the
surfaces of normally dry
land area, 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 a flash flood or
by some similarly unusual and
unforeseeable event which results
in flooding as defined in subsection
(1)a. of this definition.
floodplain (1) A relatively flat or low land area Replace existing definition with
adjoining a river, stream or latest definition
watercourse which is subject to
partial or complete inundation; or
(2) An area subject to the unusual and
rapid accumulation or runoff of
surface water from any source.
flood-prone area No change needed; wording is
the same
floodway means the designated area of the floodplain required Replace existing definition with
to carry and discharge floodwaters of a given latest definition
magnitude. For the purposes of this article, the
floodway shall be capable of accommodating a flood
of the 100-year magnitude.
historic structure means any structure that is: Add to definitions.
(1) 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.
Manufactured home No change needed; wording is
the same.
Manufactured home means a parcel or contiguous parcels of land divided Add to definitions
ark/subdivision
into two or more lots for rent or sale. .
New construction for the purposes of determining insurance rates, Use to replace old definition
means structures for which the start of construction since some wording changed.
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 the town and includes any subsequent
improvements to such structures.
Recreational vehicle (1) Built on a single chassis; Replace old definition; some
(2) No more than 400 square feet wording changes.
when measured at the largest
horizontal projection;
(3) Designed to be self-propelled or
permanently towable 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 designated as an Add to definitions; new term.
AO or AH zone on the Flood Insurance Rate Map
(FIRM) with a one percent or greater annual chance
of flooding to an average depth of one to three feet
where a clearly defined channel does not exist,
where the path of flooding is unpredictable, and
where velocity flow may be evident. Such flooding is
characterized by ponding or sheet flow.
Substantial damage No change; wording is the
same.
Substantial improvement No change; wording is the
same.
-~
• I, Patricia Cruise, Clerk of the Council, of the Town of Pulaski, V' do hereb
uguua, y
certify that the foregoing Ordinance 2009-03, ordinance Amending the Flood Overlay
District is a true and correct copy of the Ordinance set out and adopted by the recorded
vote of the Town Council on January 6, 2009.
Patricia Cruise, Clerk of Council
•