HomeMy WebLinkAbout2023-15Ordinance 2023-15
Replacing Chapter 46 of the Town of Pulaski Code of Ordinances
WHEREAS, the Town Manager for the Town of Pulaski, in consultation with the Town
Attorney has reviewed Chapter 46 related to Floods and determined it should be replaced based
upon current DCR requirements; and,
NOW, THEREFORE it be ORDAINED, by the Town Council of the Town of Pulaski,
Virginia sitting in regular session this 8 h day of November 2023 replaces Chapter 46 as shown in
Attachment A
This ordinance shall be effective upon adoption on this 8t' day of November 2023 by the duly
recorded vote of the Town Council of the Town of Pulaski, Virginia as follows:
Gregory C. East- Aye James A. Radcliffe- Aye
Jeremy L. Clark- Aye G. Tyler Clontz- Aye
Brooks R. Dawson- Aye Michael P. Reis- Aye
THE TOWN OF PULASKI, VIRGINIA
W. Shannon Col ms
Mayor
AT ST
Olivia . Hale
Clerk of Council
Contents
ORDINANCENO.2023-15............................................................................................................
2
ARTICLE I - GENERAL PROVISIONS.......................................................................................
2
Section 46.11 — Statutory Authorization and Purpose [44 CFR 59.22(a)(2)].............................
2
Section46.12 — Applicability.....................................................................................................
3
Section 46.13 - Compliance and Liability..................................................................................
3
Section 46.14 — Records [44 CFR 59.22(a)(9)(iii)]....................................................................
3
Section 46.15 - Abrogation and Greater Restrictions [44 CFR 60.1(b)]....................................
3
Section46.16 - Severability........................................................................................................
3
Section 46.17 - Penalty for Violations [44 CFR 60.2(e)]...........................................................
4
ARTICLEII - ADMINISTRATION..............................................................................................
5
Section 46.21 - Designation of the Floodplain Administrator [44 CFR 59.22(b)] ..................... 5
Section 46.22 - Duties and Responsibilities of the Floodplain Administrator [44 CFR 60.3] ... 5
Section 46.23 - Use and Interpretation of FIRMs [44 CFR 60.3]............................................... 7
Section 46.24 - Jurisdictional Boundary Changes [44 CFR 59.22, 65.3]...................................
8
Section 46.25 - District Boundary Changes................................................................................
9
Section 46.26 - Interpretation of District Boundaries.................................................................
9
Section 46.27 — Submitting Model Backed Technical Data [44 CFR 65.3] ...............................
9
Section 46.28 — Letters of Map Revision....................................................................................
9
ARTICLE III - ESTABLISHMENT OF ZONING DISTRICTS .................................................
11
Section 46.31 - Description of Special Flood Hazard Districts [44 CFR 59.1, 60.3]...............
I I
Section46.32 - Overlay Concept..............................................................................................
14
ARTICLE IV - DISTRICT PROVISIONS [44 CFR 59.22, 60.2, 60.3]......................................
15
Section 46.41 — Permit and Application Requirements............................................................
15
Section 46.42 - General Standards............................................................................................
15
Section 46.43 - Elevation and Construction Standards [44 CFR 60.3]....................................
16
Section 46.44 - Standards for Subdivision Proposals...............................................................
19
ARTICLE V — EXISTING STRUCTURES IN FLOODPLAIN AREAS ...................................
20
ARTICLE VI - VARIANCES: FACTORS TO BE CONSIDERED [44 CFR 60.6] ...................
21
ARTICLE VII - GLOSSARY [44 CFR 59.1]..............................................................................
23
ARTICLEVIII — ENACTMENT.................................................................................................
29
ORDINANCE NO.2013-15
AN ORDINANCE AMENDING ORDINANCE NO.2023-15, THE ZONING ORDINANCE OF
Town of Pulaski, VIRGINIA, BY ESTABLISHING FLOODPLAIN DISTRICTS, BY
REQUIRING THE ISSUANCE OF PERMITS FOR DEVELOPMENT, AND BY PROVIDING
FACTORS AND CONDITIONS FOR VARIANCES TO THE TERMS OF THE ORDINANCES.
BE IT ENACTED AND ORDAINED BY THE Town of Pulaski, Virginia, as follows:
ARTICLE I - GENERAL PROVISIONS
Section 46.11 — Statutory Authorization and Purpose [44 CFR 59.22(a)(2)1
Va. Code § 15.2-2283 specifies that zoning ordinances shall be for the general purpose of
promoting the health, safety, or general welfare of the public and of further accomplishing the
objectives of § 15.2-2200 which encourages localities to improve the public health, safety,
convenience, and welfare of their citizens. To these ends, flood ordinances shall be designed to
provide for safety from flood, to facilitate the provision of flood protection, and to protect against
loss of life, health, or property from flood.
In accordance with these directed provisions, this ordinance is specifically adopted pursuant to the
authority granted to localities by Va. Code § 15.2 - 2280.
The purpose of these provisions is to prevent: the loss of life, health, or property, the creation of
health and safety hazards, the disruption of commerce and governmental services, the
extraordinary and unnecessary expenditure of public funds for flood protection and relief, and the
impairment of the tax base by:
A. Regulating uses, activities, and development which, alone or in combination with other
existing or future uses, activities, and development, will cause unacceptable increases in
flood heights, velocities, and frequencies;
B. Restricting or prohibiting certain uses, activities. and development from locating within
districts subject to flooding;
C. Requiring all those uses, activities, and developments that do occur in flood -prone districts
to be protected and/or floodproofed against flooding and flood damage; and,
D. Protecting individuals from buying land and structures which are unsuited for intended
purposes because of flood hazards.
Section 46.12 — Applicability
These provisions shall apply to all privately and publicly owned lands within the jurisdiction of
Town of Pulaski, Virginia and identified as areas of special flood hazard identified by the
community or shown on the flood insurance rate map (FIRM) or included in the flood insurance
study (FIS) that are provided to the Town of Pulaski, Virginia by FEMA.
Section 46.13 - 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 Town of Pulaski, Virginia or any
officer or employee thereof for any flood damages that result from reliance on this
ordinance or any administrative decision lawfully made thereunder.
Section 46.14 — Records [44 CFR 59.22(a)(9)(iii)j
Records of actions associated with administering this ordinance shall be kept on file and
maintained by or under the direction of the Floodplain Administrator in perpetuity.
Section 46.15 - Abrogation and Greater Restrictions [44 CFR 60.1(b)l
To the extent that the provisions are more restrictive, this ordinance supersedes any ordinance
currently in effect in flood -prone districts. To the extent that any other existing law or regulation
is more restrictive or does not conflict it shall remain in full force and effect.
These regulations are not intended to repeal or abrogate any existing ordinances including
subdivision regulations, zoning ordinances, or building codes. In the event of a conflict between
these regulations and any other ordinance, the more restrictive shall govern.
Section 46.16 - Severability
If any section, subsection, paragraph, sentence, clause, or phrase of this ordinance shall be declared
invalid for any reason whatever, such decision shall not affect the remaining portions of this
ordinance. The remaining portions shall remain in full force and effect; and for this purpose, the
provisions of this ordinance are hereby declared to be severable.
Section 46.17 - Penalty for Violations [44 CFR 60.2(e)]
Any person who fails to comply with any of the requirements or provisions of this article or directions
of the Building Official or any authorized employee of the Town of Pulaski, Virginia shall be guilty of
a class 1 misdemeanor and subject to the penalties for a class 1 misdemeanor.
The VA USBC addresses building code violations and the associated penalties in Section 104 and
Section 115. Violations and associated penalties of the Zoning Ordinance of Town of Pulaski,
Virginia are addressed in Article 9 of the Zoning Ordinance.
In addition to the above penalties, all other actions are hereby reserved, including an action in equity
for the proper enforcement of this article. The imposition of a fine or penalty for any violation of,
or noncompliance with, this article shall not excuse the violation or noncompliance or permit it to
continue; and all such persons shall be required to correct or remedy such violations within a
reasonable time. Any structure constructed, reconstructed, enlarged, altered or relocated in
noncompliance with this article may be declared by the Town of Pulaski, Virginia to be a public
nuisance and abatable as such. Flood insurance may be withheld from structures constructed in
violation of this article.
ARTICLE II - ADMINISTRATION
Section 46.21 - Designation of the Floodplain Administrator [44 CFR 59.22(b)1
The Floodplain Administrator is hereby appointed to administer and implement these regulations
and is referred to herein as the Floodplain Administrator. The Floodplain Administrator may:
A. Do the work themselves. In the absence of a designated Floodplain Administrator, the
duties are conducted by the Town of Pulaski, Virginia Town Manager or his/her designee.
B. Delegate duties and responsibilities set forth in these regulations to Town Engineer, Zoning
Administrator, Building Official, and other employees.
C. Enter into a written agreement or written contract with another community or private sector
entity to administer specific provisions of these regulations. Administration of any part of
these regulations by another entity shall not relieve the community of its responsibilities
pursuant to the participation requirements of the National Flood Insurance Program as set
forth in the Code of Federal Regulations at 44 C.F.R. Section 59.22.
Section 46.22 - Duties and Responsibilities of the Floodplain Administrator [44 CFR 60.31
The duties and responsibilities of the Floodplain Administrator shall include but are not limited to:
A. Review applications for permits to determine whether proposed activities will be located
in the Special Flood Hazard Area (SFHA).
B. Interpret floodplain boundaries and provide available base flood elevation and flood hazard
information.
C. Review applications to determine whether proposed activities will be reasonably safe from
flooding and require new construction and substantial improvements to meet the
requirements of these regulations.
D. Review applications to determine whether all necessary permits have been obtained from
the Federal, State, or local agencies from which prior or concurrent approval is required;
in particular, permits from state agencies for any construction, reconstruction, repair, or
alteration of a dam, reservoir, or waterway obstruction (including bridges, culverts,
structures), any alteration of a watercourse, or any change of the course, current, or cross
section of a stream or body of water, including any change to the 100-year frequency
floodplain of free -flowing non -tidal waters of the State.
E. Verify that applicants proposing an alteration of a watercourse have notified adjacent
communities, the Department of Conservation and Recreation (Division of Dam Safety
and Floodplain Management), and other appropriate agencies (VADEQ, USACE), and
have submitted copies of such notifications to FEMA.
F. Advise applicants for new construction or substantial improvement of structures that are
located within an area of the Coastal Barrier Resources System established by the Coastal
Barrier Resources Act that Federal flood insurance is not available on such structures; areas
subject to this limitation are shown on Flood Insurance Rate Maps as Coastal Barrier
Resource System Areas (CBRS) or Otherwise Protected Areas (OPA).
G. Approve applications and issue permits to develop in flood hazard areas if the provisions
of these regulations have been met, or disapprove applications if the provisions of these
regulations have not been met.
H. Inspect or cause to be inspected, buildings, structures, and other development for which
permits have been issued to determine compliance with these regulations or to determine
if non-compliance has occurred or violations have been committed.
I. Review Elevation Certificates and require incomplete or deficient certificates to be
corrected.
J. Submit to FEMA, or require applicants to submit to FEMA, data and information necessary
to maintain FIRMs, including hydrologic and hydraulic engineering analyses prepared by
or for the Town of Pulaski, Virginia, within six months after such data and information
becomes available if the analyses indicate changes in base flood elevations.
K. Maintain and permanently keep records that are necessary for the administration of these
regulations, including:
1. Flood Insurance Studies, Flood Insurance Rate Maps (including historic studies and
maps and current effective studies and maps), and Letters of Map Change; and
2. Documentation supporting issuance and denial of permits, Elevation Certificates,
documentation of the elevation (in relation to the datum on the FIRM) to which
structures have been floodproofed, inspection records, other required design
certifications, variances, and records of enforcement actions taken to correct violations
of these regulations.
L. Enforce the provisions of these regulations, investigate violations, issue notices of
violations or stop work orders, and require permit holders to take corrective action.
M. Advise the Board of Zoning Appeals regarding the intent of these regulations and, for each
application for a variance, prepare a staff report and recommendation.
N. Administer the requirements related to proposed work on existing buildings:
1. Make determinations as to whether buildings and structures that are located in flood
hazard areas and that are damaged by any cause have been substantially damaged.
2. Make reasonable efforts to notify owners of substantially damaged structures of the
need to obtain a permit to repair, rehabilitate, or reconstruct. Prohibit the non -compliant
repair of substantially damaged buildings except for temporary emergency protective
measures necessary to secure a property or stabilize a building or structure to prevent
additional damage.
O. Undertake, as determined appropriate by the Floodplain Administrator due to the
circumstances, other actions which may include but are not limited to: issuing press
releases, public service announcements, and other public information materials related to
permit requests and repair of damaged structures; coordinating with other Federal, State,
and local agencies to assist with substantial damage determinations; providing owners of
damaged structures information related to the proper repair of damaged structures in
special flood hazard areas; and assisting property owners with documentation necessary to
file claims for Increased Cost of Compliance coverage under NFIP flood insurance
policies.
P. Notify the Federal Emergency Management Agency when the corporate boundaries of the
Town of Pulaski, Virginia have been modified and:
1. Provide a map that clearly delineates the new corporate boundaries or the new area for
which the authority to regulate pursuant to these regulations has either been assumed
or relinquished through annexation; and
2. If the FIRM for any annexed area includes special flood hazard areas that have flood
zones that have regulatory requirements that are not set forth in these regulations,
prepare amendments to these regulations to adopt the FIRM and appropriate
requirements, and submit the amendments to the governing body for adoption; such
adoption shall take place at the same time as or prior to the date of annexation and a
copy of the amended regulations shall be provided to Department of Conservation and
Recreation (Division of Dam Safety and Floodplain Management) and FEMA.
Q. Upon the request of FEMA, complete and submit a report concerning participation in the
NFIP which may request information regarding the number of buildings in the SFHA,
number of permits issued for development in the SFHA, and number of variances issued
for development in the SFHA.
R. It is the duty of the Community Floodplain Administrator to take into account flood,
mudslide and flood -related erosion hazards, to the extent that they are known, in all official
actions relating to land management and use throughout the entire jurisdictional area of the
Community, whether or not those hazards have been specifically delineated geographically
(e.g. via mapping or surveying).
Section 46.23 - Use and Interpretation of FIRMs [44 CFR 60.31
The Floodplain Administrator shall make interpretations, where needed, as to the exact location of
special flood hazard areas, floodplain boundaries, and floodway boundaries. The following shall
apply to the use and interpretation of FIRMs and data:
A. Where field surveyed topography indicates that adjacent ground elevations:
1. Are below the base flood elevation in riverine SFHAs, or below the 1 % storm surge
elevation in coastal SFHAs, even in areas not delineated as a special flood hazard area
on a FIRM, the area shall be considered as special flood hazard area and subject to the
requirements of these regulations;
2. Are above the base flood elevation and the area is labelled as a SFHA on the FIRM,
the area shall be regulated as special flood hazard area unless the applicant obtains a
Letter of Map Change that removes the area from the SFHA.
B. In FEMA-identified special flood hazard areas where base flood elevation and floodway
data have not been identified and in areas where FEMA has not identified SFHAs, any
other flood hazard data available from a Federal, State, or other source shall be reviewed
and reasonably used.
C. Base flood elevations and designated floodway boundaries on FIRMs and in FISs shall
take precedence over base flood elevations and floodway boundaries by any other sources
if such sources show reduced floodway widths and/or lower base flood elevations.
D. Other sources of data shall be reasonably used if such sources show increased base flood
elevations and/or larger floodway areas than are shown on FIRMS and in FISs.
E. If a Preliminary Flood Insurance Rate Map and/or a Preliminary Flood Insurance Study
has been provided by FEMA:
1. Upon the issuance of a Letter of Final Determination by FEMA, the preliminary flood
hazard data shall be used and shall replace the flood hazard data previously provided
from FEMA for the purposes of administering these regulations.
2. Prior to the issuance of a Letter of Final Determination by FEMA, the use of
preliminary flood hazard data shall be deemed the best available data pursuant to
Article III, Section 3.1.A.3 and used where no base flood elevations and/or floodway
areas are provided on the effective FIRM.
3. Prior to issuance of a Letter of Final Determination by FEMA, the use of preliminary
flood hazard data is permitted where the preliminary base flood elevations or floodway
areas exceed the base flood elevations and/or designated floodway widths in existing
flood hazard data provided by FEMA. Such preliminary data may be subject to change
and/or appeal to FEMA.
Section 46.24 - Jurisdictional Boundary hanges [44 CFR 59.22, 65.31
The County floodplain ordinance in effect on the date of annexation shall remain in effect and
shall be enforced by the municipality for all annexed areas until the municipality adopts and
enforces an ordinance which meets the requirements for participation in the National Flood
Insurance Program. Municipalities with existing floodplain ordinances shall pass a resolution
acknowledging and accepting responsibility for enforcing floodplain ordinance standards prior to
annexation of any area containing identified flood hazards. If the FIRM for any annexed area
includes special flood hazard areas that have flood zones that have regulatory requirements that
are not set forth in these regulations, the governing body shall prepare amendments to these
regulations to adopt the FIRM and appropriate requirements, and submit the amendments to the
governing body for adoption; such adoption shall take place at the same time as or prior to the date
of annexation and a copy of the amended regulations shall be provided to Department of
Conservation and Recreation (Division of Dam Safety and Floodplain Management) and FEMA.
In accordance with the Code of Federal Regulations, Title 44 Subpart (B) Section 59.22(a)(9)(v)
all NFIP participating communities must notify the Federal Insurance Administration and
optionally the State Coordinating Office in writing whenever the boundaries of the community
have been modified by annexation or the community has otherwise assumed or no longer has
authority to adopt and enforce floodplain management regulations for a particular area.
In order that all Flood Insurance Rate Maps accurately represent the community's boundaries, a
copy of a map of the community suitable for reproduction, clearly delineating the new corporate
limits or new area for which the community has assumed or relinquished floodplain management
regulatory authority must be included with the notification.
Section 46.25 - District Boundary Changes
The delineation of any of the Floodplain Districts may be revised by the Town of Pulaski, Virginia
where natural or man-made changes have occurred and/or where more detailed studies have been
conducted or undertaken by the U. S. Army Corps of Engineers or other qualified agency, or an
individual documents the need for such change. However, prior to any such change, approval must
be obtained from the Federal Emergency Management Agency. A completed LOMR is a record
of this approval.
Section 46.26 - Interpretation of District Boundaries
Initial interpretations of the boundaries of the Floodplain Districts shall be made by the Zoning
Officer. Should a dispute arise concerning the boundaries of any of the Districts, the Board of
Zoning Appeals shall make the necessary determination. The person questioning or contesting the
location of the District boundary shall be given a reasonable opportunity to present his case to the
Board and to submit his own technical evidence if he so desires.
Section 46.27 — Submitting Model Backed Technical Data [44 CFR 65.31
A community's base flood elevations may increase or decrease resulting from physical changes
affecting flooding conditions. As soon as practicable, but not later than six months after the date
such information becomes available, a community shall notify the Federal Emergency
Management Agency of the changes by submitting technical or scientific data. The community
may submit data via a LOMR. Such a submission is necessary so that upon confirmation of those
physical changes affecting flooding conditions, risk premium rates and floodplain management
requirements will be based upon current data.
Section 46.28 — Letters of Map Revision
When development in the floodplain will cause or causes a change in the base flood elevation, the
applicant, including state agencies, must notify FEMA by applying for a Conditional Letter of Map
Revision and then a Letter of Map Revision.
Example cases:
• Any development that causes a rise in the base flood elevations within the floodway.
I
i
i
i
f
• Any development occurring in Zones Al-30 and AE without a designated floodway, which
will cause a rise of more than one foot in the base flood elevation.
Alteration or relocation of a stream (including but not limited to installing culverts and
bridges) 44 Code of Federal Regulations §65.3 and §65.6(a)(12).
ARTICLE III - ESTABLISHMENT OF ZONING DISTRICTS
Section 46.31 - Description of Special Flood Hazard Districts [44 CFR 59.1, 60.31
A. Basis of Districts
The various special flood hazard districts shall include the SFHAs. The basis for the delineation
of these districts shall be the FIS and the FIRM for Town of Pulaski, Virginia prepared by the
Federal Emergency Management Agency, Federal Insurance Administration, dated 1/11/2024, and
any subsequent revisions or amendments thereto.
The Town of Pulaski, Virginia may identify and regulate local flood hazard or ponding areas that
are not delineated on the FIRM. These areas may be delineated on a "Local Flood Hazard Map"
using best available topographic data and locally derived information such as flood of record,
historic high water marks, or approximate study methodologies.
The boundaries of the SFHA Districts are established as shown on the FIRM which is declared to
be a part of this ordinance and which shall be kept on file at the Town of Pulaski, Virginia offices.
1. The Floodway District is in an AE Zone and is delineated, for purposes of this
ordinance, using the criterion that certain areas within the floodplain must be capable
of carrying the waters of the one percent annual chance flood without increasing the
water surface elevation of that flood more than one (1) foot at any point. The areas
included in this District are specifically defined in Table 4 of the above -referenced FIS
and shown on the accompanying FIRM.
The following provisions shall apply within the Floodway District of an AE zone [44
CFR 60.3 (d)] :
a. Within any floodway area, no encroachments, including fill, new construction,
substantial improvements, or other development shall be permitted unless it has
been demonstrated through hydrologic and hydraulic analysis performed in
accordance with standard engineering practice that the proposed encroachment will
not result in any increase in flood levels within the community during the
occurrence of the base flood discharge. Hydrologic and hydraulic analyses shall be
undertaken only by professional engineers or others of demonstrated qualifications,
who shall certify that the technical methods used correctly reflect currently -
accepted technical concepts. Studies, analyses, computations, etc., shall be
submitted in sufficient detail to allow a thorough review by the Floodplain
Administrator.
Development activities which increase the water surface elevation of the base flood
may be allowed, provided that the applicant first applies — with the Town of Pulaski,
Virginia's endorsement — for a Conditional Letter of Map Revision (CLOMR), and
receives the approval of the Federal Emergency Management Agency.
If Article III, Section 3.1.A. La is satisfied, all new construction and substantial
improvements shall comply with all applicable flood hazard reduction provisions
of Article 4.
b. The placement of manufactured homes (mobile homes) is prohibited, except in an
existing manufactured home (mobile home) park or subdivision. A replacement
manufactured home may be placed on a lot in an existing manufactured home park
or subdivision provided the anchoring, elevation, and encroachment standards are
met.
2. The AE, or AH Zones on the FIRM accompanying the FIS shall be those areas for
which one -percent annual chance flood elevations have been provided and the
floodway has not been delineated. The following provisions shall apply within an AE
or AH zone [44 CFR 60.3(c)] where FEMA has provided base flood elevations:
Until a regulatory floodway is designated, no new construction, substantial
improvements, or other development (including fill) shall be permitted within the areas
of special flood hazard, designated as Zones Al-30, AE, or AH on the FIRM, unless it
is demonstrated that the cumulative effect of the proposed development, when
combined with all other existing and anticipated development, will not increase the
water surface elevation of the base flood more than one foot at any point within the
Town of Pulaski, Virginia.
Development activities in Zones Al-30, AE, or AH on the Town of Pulaski, Virginia's FIRM
which increase the water surface elevation of the base flood by more than one foot may be
allowed, provided that the applicant first applies — with the Town of Pulaski, Virginia's
endorsement — for a Conditional Letter of Map Revision, and receives the approval of the
Federal Emergency Management Agency.
3. The A Zone on the FIRM accompanying the FIS shall be those areas for which no
detailed flood profiles or elevations are provided, but the one percent annual chance
floodplain boundary has been approximated. For these areas, the following provisions
shall apply [44 CFR 60.3(b)]:
The Approximated Floodplain District shall be that floodplain area for which no
detailed flood profiles or elevations are provided, but where a one percent annual
chance floodplain boundary has been approximated. Such areas are shown as Zone A
on the maps accompanying the FIS. For these areas, the base flood elevations and
floodway information from Federal, State, and other acceptable sources shall be used,
when available. Where the specific one percent annual chance flood elevation cannot
be determined for this area using other sources of data, such as the U. S. Army Corps
of Engineers Floodplain Information Reports, U. S. Geological Survey Flood -Prone
Quadrangles, etc., then the applicant for the proposed use, development and/or activity
shall determine this base flood elevation. For development proposed in the approximate
floodplain the applicant must use technical methods that correctly reflect currently
accepted practices, such as point on boundary, high water marks, or detailed
methodologies hydrologic and hydraulic analyses. Studies, analyses, computations,
etc., shall be submitted in sufficient detail to allow a thorough review by the Floodplain
Administrator.
The Floodplain Administrator reserves the right to require a hydrologic and hydraulic
analysis for any development. When such base flood elevation data is utilized, the
lowest floor shall be elevated to or above the base flood level plus twelve (12) inches
or the design flood elevation, whichever is higher.
During the permitting process, the Floodplain Administrator shall obtain:
a. The elevation of the lowest floor (in relation to mean sea level), including the
basement, of all new and substantially improved structures; and,
b. If the structure has been floodproofed in accordance with the requirements of this
article, the elevation (in relation to mean sea level) to which the structure has been
floodproofed.
Base flood elevation data shall be obtained from other sources or developed using
detailed methodologies comparable to those contained in a FIS for subdivision
proposals and other proposed development proposals (including manufactured home
parks and subdivisions) that exceed five lots or five acres, whichever is the lesser.
4. The AO Zone on the FIRM accompanying the FIS shall be those areas of shallow
flooding identified as AO on the FIRM. For these areas, the following provisions shall
apply [44 CFR 60.3(c)]:
a. All new construction and substantial improvements of residential structures shall
have the lowest floor, including basement, elevated to or above the flood depth
specified on the FIRM, above the highest adjacent grade at least as high as the depth
number specified in feet on the FIRM. If no flood depth number is specified, the
lowest floor, including basement, shall be elevated no less than two feet above the
highest adjacent grade.
b. All new construction and substantial improvements of non-residential structures
shall
(1) Have the lowest floor, including basement, elevated to or above the flood depth
specified on the FIRM, above the highest adjacent grade at least as high as the
depth number specified in feet on the FIRM. If no flood depth number is
specified, the lowest floor, including basement, shall be elevated at least two
feet above the highest adjacent grade; or,
(2) Together with attendant utility and sanitary facilities be completely
floodproofed to the specified flood level so that any space below that level is
watertight with walls substantially impermeable to the passage of water and
with structural components having the capability of resisting hydrostatic and
hydrodynamic loads and effects of buoyancy.
c. Adequate drainage paths around structures on slopes shall be provided to guide
floodwaters around and away from proposed structures.
5. The mapped floodplain includes all of the above regions and also the regions designated
as having a 0.2 percent annual chance of flooding on any flood map or flood insurance
study. In this area no emergency service, medical service, or governmental records
storage shall be allowed except by special exception using the variance process.
Section 46.32 - Overlav Concept
The Floodplain Districts described above shall be overlays to the existing underlying districts as
shown on the Town of Pulaski Zoning Ordinance Map, and as such, the provisions for the
floodplain districts shall serve as a supplement to the underlying district provisions.
If there is any conflict between the provisions or requirements of the Floodplain Districts and those
of any underlying district, the more restrictive provisions and/or those pertaining to the floodplain
districts shall apply.
In the event any provision concerning a Floodplain District is declared inapplicable as a result of
any legislative or administrative actions or judicial decision, the basic underlying provisions shall
remain applicable.
ARTICLE IV - DISTRICT PROVISIONS [44 CFR 59.22, 60.2, 60.3]
Section 46.41 — Permit and Application Requirements
A. Permit Requirement
All uses, activities, and development occurring within any floodplain district, including placement
of manufactured homes, shall be undertaken only upon the issuance of a permit. Such development
shall be undertaken only in strict compliance with the provisions of this Ordinance and with all
other applicable codes and ordinances, as amended, such as the Virginia Uniform Statewide
Building Code (VA USBC) and the Town of Pulaski, Virginia Subdivision Regulations. Prior to
the issuance of any such permit, the Floodplain Administrator shall require all applications to
include compliance with all applicable State and Federal laws and shall review all sites to assure
they are reasonably safe from flooding. Under no circumstances shall any use, activity, and/or
development adversely affect the capacity of the channels or floodways of any watercourse,
drainage ditch, or any other drainage facility or system.
B. Site Plans and Permit Applications
All applications for development within any floodplain district and all permits issued for the
floodplain shall incorporate the following information:
1. The elevation of the Base Flood at the site.
2. For structures to be elevated, the elevation of the lowest floor (including basement) or,
in V zones, the lowest horizontal structural member.
3. For structures to be floodproofed (non-residential only), the elevation to which the
structure will be floodproofed.
4. Topographic information showing existing and proposed ground elevations.
Section 46.42 - General Standards
The following provisions shall apply to all permits:
A. New construction and substantial improvements shall be built according to this ordinance
and the VA USBC, and anchored to prevent flotation, collapse, or lateral movement of the
structure.
B. Manufactured homes shall be anchored to prevent flotation, collapse, or lateral movement.
Methods of anchoring may include, but are not limited to, use of over -the -top or frame ties
to ground anchors. This standard shall be in addition to and consistent with applicable state
anchoring requirements for resisting wind forces.
C. New construction and substantial improvements shall be constructed with materials and
utility equipment resistant to flood damage.
D. New construction or substantial improvements shall be constructed by methods and
practices that minimize flood damage.
E. Electrical, heating, ventilation, plumbing, air conditioning equipment, and other service
facilities, including duct work, shall be designed and/or located so as to prevent water from
entering or accumulating within the components during conditions of flooding.
F. New and replacement water supply systems shall be designed to minimize or eliminate
infiltration of flood waters into the system.
G. New and replacement sanitary sewage systems shall be designed to minimize or eliminate
infiltration of flood waters into the systems and discharges from the systems into flood
waters.
H. On -site waste disposal systems shall be located and constructed to avoid impairment to
them or contamination from them during flooding.
In addition to provisions A — H above, in all special flood hazard areas, the additional
provisions shall apply:
I. Prior to any proposed alteration or relocation of any channels or of any watercourse,
stream, etc., within this jurisdiction a permit shall be obtained from the U. S. Corps of
Engineers, the Virginia Department of Environmental Quality, and the Virginia Marine
Resources Commission (a joint permit application is available from any of these
organizations). Furthermore, in riverine areas, notification of the proposal shall be given
by the applicant to all affected adjacent jurisdictions, the Department of Conservation and
Recreation (Division of Dam Safety and Floodplain Management), other required agencies,
and the Federal Emergency Management Agency.
J. The flood carrying capacity within an altered or relocated portion of any watercourse shall
be maintained.
Section 46.43 - Elevation and Construction Standards [44 CFR 60.31
In all identified flood hazard areas where base flood elevations have been provided in the FIS or
generated by a certified professional in accordance with Article III, Section 3.1.A.3 the following
provisions shall apply:
A. Residential Construction
New construction or substantial improvement of any residential structure (including
manufactured homes) in Zones Al-30, AE, AH, and A with detailed base flood elevations
shall have the lowest floor, including basement, elevated to or above the base flood level
plus twelve (12) inches.
B. Non -Residential Construction
New construction or substantial improvement of any commercial, industrial, or non-
residential building (or manufactured home) shall have the lowest floor, including
basement, elevated to or above the base flood level plus twelve (12) inches.
2. Non-residential buildings located in all Al-30, AE, and AH zones may be floodproofed
in lieu of being elevated provided that all areas of the building components below the
elevation corresponding to the BFE plus two feet are water tight with walls
substantially impermeable to the passage of water, and use structural components
having the capability of resisting hydrostatic and hydrodynamic loads and the effect of
buoyancy. A registered professional engineer or architect shall certify that the standards
of this subsection are satisfied. Such certification, including the specific elevation (in
relation to mean sea level) to which such structures are floodproofed, shall be
maintained by the Town Manager or his or her designee.
C. Space Below the Lowest Floor
In zones A, AE, AH, AO, and Al-A30, fully enclosed areas, of new construction or
substantially improved structures, which are below the regulatory flood protection
elevation shall:
1. Not be designed or used for human habitation, but shall be used solely for parking of
vehicles, building access, or limited storage of maintenance equipment used in
connection with the premises. Access to the enclosed area shall be the minimum
necessary to allow for parking of vehicles (garage door) or limited storage of
maintenance equipment (standard exterior door), or entry to the living area (stairway
or elevator).
2. Be constructed entirely of flood resistant materials below the regulatory flood
protection elevation;
3. Include measures to automatically equalize hydrostatic flood forces on walls by
allowing for the entry and exit of floodwaters. To meet this requirement, the openings
must either be certified by a professional engineer or architect or meet the following
minimum design criteria:
a. Provide a minimum of two openings on different sides of each enclosed area subject
to flooding.
b. The total net area of all openings must be at least one (1) square inch for each square
foot of enclosed area subject to flooding.
c. If a building has more than one enclosed area, each area must have openings to
allow floodwaters to automatically enter and exit.
d. The bottom of all required openings shall be no higher than one (1) foot above the
adjacent grade.
e. Openings may be equipped with screens, louvers, or other opening coverings or
devices, provided they permit the automatic flow of floodwaters in both directions.
f. Foundation enclosures made of flexible skirting are not considered enclosures for
regulatory purposes, and, therefore, do not require openings. Masonry or wood
underpinning, regardless of structural status, is considered an enclosure and
requires openings as outlined above.
D. Accessory Structures
1. Accessory structures in the SFHA shall comply with the elevation requirements and
other requirements of Article IV, Section 4.3.13 or, if not elevated or dry floodproofed,
shall:
a. Not be used for human habitation;
b. Be limited to no more than 600 square feet in total floor area;
c. Be useable only for parking of vehicles or limited storage;
d. Be constructed with flood damage -resistant materials below the base flood
elevation;
e. Be constructed and placed to offer the minimum resistance to the flow of
floodwaters;
f. Be anchored to prevent flotation;
g. Have electrical service and mechanical equipment elevated to or above the base
flood elevation;
h. Shall be provided with flood openings which shall meet the following criteria:
(1) There shall be a minimum of two flood openings on different sides of each
enclosed area; if a building has more than one enclosure below the lowest floor,
each such enclosure shall have flood openings on exterior walls.
(2) The total net area of all flood openings shall be at least 1 square inch for each
square foot of enclosed area (non -engineered flood openings), or the flood
openings shall be engineered flood openings that are designed and certified by
a licensed professional engineer to automatically allow entry and exit of
floodwaters; the certification requirement may be satisfied by an individual
certification or an Evaluation Report issued by the ICC Evaluation Service,
Inc.
(3) The bottom of each flood opening shall be 1 foot or less above the higher of
the interior floor or grade, or the exterior grade, immediately below the
opening.
(4) Any louvers, screens or other covers for the flood openings shall allow the
automatic flow of floodwaters into and out of the enclosed area.
i. A signed Declaration of Land Restriction (Non -Conversion Agreement) shall be
recorded on the property deed.
E. Standards for Manufactured Homes and Recreational Vehicles
1. In zones A, AE, AH, and AO, all manufactured homes placed, or substantially
improved, on individual lots or parcels, must meet all the requirements for new
construction, including the elevation and anchoring requirements in Article III, Section
3.1.A.6 and Article IV, Sections 4.2 and 4.3.
2. All recreational vehicles placed on sites must either:
a. Be on the site for fewer than 180 consecutive days, be fully licensed and ready for
highway use (a recreational vehicle is ready for highway use if it is on its wheels
or jacking system, is attached to the site only by quick disconnect type utilities and
security devices and has no permanently attached additions); or
b. Meet all the requirements for manufactured homes in Article IV, Section 4.3.E.1.
Section 46.44 - Standards for Subdivision Proposals
A. All subdivision proposals shall be consistent with the need to minimize flood damage;
B. All subdivision proposals shall have public utilities and facilities such as sewer, gas,
electrical and water systems located and constructed to minimize flood damage;
C. All subdivision proposals shall have adequate drainage provided to reduce exposure to
flood hazards, and
D. Base flood elevation data shall be obtained from other sources or developed using detailed
methodologies, hydraulic and hydrologic analysis, comparable to those contained in a
Flood Insurance Study for subdivision proposals and other proposed development
proposals (including manufactured home parks and subdivisions) that exceed five lots or
five acres, whichever is the lesser.
ARTICLE V — EXISTING STRUCTURES IN FLOODPLAIN AREAS
Any structure or use of a structure or premises must be brought into conformity with these
provisions when it is changed, repaired, or improved unless one of the following exceptions is
established before the change is made:
A. The floodplain manager has determined that:
1. Change is not a substantial repair or substantial improvement AND
2. No new square footage is being built in the floodplain that is not complaint AND
3. No new square footage is being built in the floodway AND
4. The change complies with this ordinance and the VA USBC AND
5. The change, when added to all the changes made during a rolling 5-year period does
not constitute 50% of the structure's value.
B. The changes are required to comply with a citation for a health or safety violation.
C. The structure is a historic structure and the change required would impair the historic
nature of the structure.
ARTICLE VI - VARIANCES: FACTORS TO BE CONSIDERED [44 CFR 60.61
Variances shall be issued only upon (i) a showing of good and sufficient cause, (ii) after the Board
of Zoning Appeals has determined that failure to grant the variance would result in exceptional
hardship to the applicant, and (iii) after the Board of Zoning Appeals has determined that the
granting of such variance will not result in (a) unacceptable or prohibited increases in flood heights,
(b) additional threats to public safety, (c) extraordinary public expense; and will not (d) create
nuisances, (e) cause fraud or victimization of the public, or (f) conflict with local laws or
ordinances.
While the granting of variances generally is limited to a lot size less than one-half acre, deviations
from that limitation may occur. However, as the lot size increases beyond one-half acre, the
technical justification required for issuing a variance increases. Variances may be issued by the
Board of Zoning Appeals for new construction and substantial improvements to be erected on a
lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures
constructed below the base flood level, in conformance with the provisions of this Section.
Variances may be issued for new construction and substantial improvements and for other
development necessary for the conduct of a functionally dependent use provided that the criteria
of this Section are met, and the structure or other development is protected by methods that
minimize flood damages during the base flood and create no additional threats to public safety.
In passing upon applications for variances, the Board of Zoning Appeals shall satisfy all relevant
factors and procedures specified in other sections of the zoning ordinance and consider the
following additional factors:
A. The danger to life and property due to increased flood heights or velocities caused by
encroachments. No variance shall be granted for any proposed use, development, or
activity within any Floodway District that will cause any increase in the one percent (1%)
chance flood elevation.
B. The danger that materials may be swept on to other lands or downstream to the injury of
others.
C. The proposed water supply and sanitation systems and the ability of these systems to
prevent disease, contamination, and unsanitary conditions.
D. The susceptibility of the proposed facility and its contents to flood damage and the effect
of such damage on the individual owners.
E. The importance of the services provided by the proposed facility to the community.
F. The requirements of the facility for a waterfront location.
G. The availability of alternative locations not subject to flooding for the proposed use.
H. The compatibility of the proposed use with existing development and development
anticipated in the foreseeable future.
The relationship of the proposed use to the comprehensive plan and floodplain
management program for the area. ,
The safety of access by ordinary and emergency vehicles to the property in time of flood.
K. The expected heights, velocity, duration, rate of rise, and sediment transport of the flood
waters expected at the site.
L. The historic nature of a structure. Variances for repair or rehabilitation of historic structures
may be granted upon a determination that the proposed repair or rehabilitation will not
preclude the structure's continued designation as a historic structure and the variance is the
minimum necessary to preserve the historic character and design of the structure.
M. No variance shall be granted for an accessory structure exceeding 600 square feet. (Note:
See Article IV, Section 4.3.D.2).
Such other factors which are relevant to the purposes of this Ordinance.
The Board of Zoning Appeals may refer any application and accompanying documentation
pertaining to any request for a variance to any engineer or other qualified person or agency for
technical assistance in evaluating the proposed project in relation to flood heights and velocities,
and the adequacy of the plans for flood protection and other related matters.
Variances shall be issued only after the Board of Zoning Appeals has determined that the granting
of such will not result in (a) unacceptable or prohibited increases in flood heights, (b) additional
threats to public safety, (c) extraordinary public expense; and will not (d) create nuisances, (e)
cause fraud or victimization of the public, or (f) conflict with local laws or ordinances.
Variances shall be issued only after the Board of Zoning Appeals has determined that the variance
will be the minimum required to provide relief.
The Board of Zoning Appeals shall notify the applicant for a variance, in writing that the issuance
of a variance to construct a structure below the one percent (1 %) chance flood elevation (a)
increases the risks to life and property and (b) will result in increased premium rates for flood
insurance.
A record shall be maintained of the above notification as well as all variance actions, including
justification for the issuance of the variances. Any variances that are issued shall be noted in the
annual or biennial report submitted to the Federal Insurance Administrator.
ARTICLE VII - GLOSSARY [44 CFR 59.1]
A. Appurtenant or accessory structure - A non-residential structure which is on the same
parcel of property as the principal structure and the use of which is incidental to the use of
the principal structure. Accessory structures are not to exceed 600 square feet.
B. Base flood - The flood having a one percent chance of being equalled or exceeded in any
given year.
C. Base flood elevation - The water surface elevations of the base flood, that is, the flood level
that has a one percent or greater chance of occurrence in any given year. The water surface
elevation of the base flood in relation to the datum specified on the community's Flood
Insurance Rate Map. For the purposes of this ordinance, the base flood is the 1 % annual
chance flood.
D. Basement - Any area of the building having its floor sub -grade (below ground level) on all
sides.
E. Board of Zoning Appeals - The board appointed to review appeals made by individuals
with regard to decisions of the Zoning Administrator in the interpretation of this ordinance.
F. Coastal A Zone - Flood hazard areas that have been delineated as subject to wave heights
between 1.5 feet and 3 feet.
G. Development - Any man-made change to improved or unimproved real estate, including,
but not limited to, buildings or other structures, temporary structures, mining, dredging,
filling, grading, paving, excavation, drilling or other land -disturbing activities or
permanent or temporary storage of equipment or materials.
H. Elevated building - A non -basement building built to have the lowest floor elevated above
the ground level by means of solid foundation perimeter walls, pilings, or columns (posts
and piers).
I. Encroachment - The advance or infringement of uses, plant growth, fill, excavation,
buildings, permanent structures or development into a floodplain, which may impede or
alter the flow capacity of a floodplain.
J. Existing construction - For the purposes of the insurance program, structures for which the
"start of construction" commenced before the effective date of the FIRM or before January
1, 1975 for FIRMS effective before that date. "Existing construction" may also be referred
to as "existing structures" and "pre -FIRM."
K. Flood or flooding -
1. A general or temporary condition of partial or complete inundation of normally dry
land areas from:
a. The overflow of inland or tidal waters; or,
b. The unusual and rapid accumulation or runoff of surface waters from any source.
c. Mudflows which are proximately caused by flooding as defined in paragraph (1)(b)
of this definition and are akin to a river of liquid and flowing mud on the surfaces
of normally dry land areas, as when earth is carried by a current of water and
deposited along the path of the current.
2. The collapse or subsidence of land along the shore of a lake or other body of water as
a result of erosion or undermining caused by waves or currents of water exceeding
anticipated cyclical levels or suddenly caused by an unusually high water level in a
natural body of water, accompanied by a severe storm, or by an unanticipated force of
nature such as flash flood or an abnormal tidal surge, or by some similarly unusual and
unforeseeable event which results in flooding as defined in paragraph 1 (a) of this
definition.
L. Flood Insurance Rate Map (FIRM) - an official map of a community, on which the Federal
Emergency Management Agency has delineated both the special hazard areas and the risk
premium zones applicable to the community. A FIRM that has been made available
digitally is called a Digital Flood Insurance Rate Map (DFIRM).
M. Flood Insurance Study (FIS) - a report by FEMA that examines, evaluates and determines
flood hazards and, if appropriate, corresponding water surface elevations, or an
examination, evaluation and determination of mudflow and/or flood -related erosion
hazards.
N. Floodplain or flood -prone area - Any land area susceptible to being inundated by water
from any source.
O. Floodproofing - any combination of structural and non-structural additions, changes, or
adjustments to structures which reduce or eliminate flood damage to real estate or improved
real property, water and sanitary facilities, structures and their contents.
P. Floodway - The channel of a river or other watercourse and the adjacent land areas that
must be reserved in order to discharge the base flood without cumulatively increasing the
water surface elevation more than one foot at any point within the community.
Q. Freeboard - A factor of safety usually expressed in feet above a flood level for purposes of
floodplain management. "Freeboard" tends to compensate for the many unknown factors
that could contribute to flood heights greater than the height calculated for a selected size
flood and floodway conditions, such as wave action, bridge openings, and the hydrological
effect of urbanization in the watershed.
R. Functionally dependent use - A use which cannot perform its intended purpose unless it is
located or carried out in close proximity to water. This term includes only docking
facilities, port facilities that are necessary for the loading and unloading of cargo or
passengers, and shipbuilding and ship repair facilities, but does not include long-term
storage or related manufacturing facilities.
S. Highest adjacent grade - the highest natural elevation of the ground surface prior to
construction next to the proposed walls of a structure.
T. Historic structure - Any structure that is:
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.
U. Hydrologic and Hydraulic Engineering Analysis - Analyses performed by a licensed
professional engineer, in accordance with standard engineering practices that are accepted
by the Virginia Department of Conservation and Recreation and FEMA, used to determine
the base flood, other frequency floods, flood elevations, floodway information and
boundaries, and flood profiles.
V. Letters of Map Change (LOMC) - A Letter of Map Change is an official FEMA
determination, by letter, that amends or revises an effective Flood Insurance Rate Map or
Flood Insurance Study. Letters of Map Change include:
Letter of Map Amendment (LOMA) - An amendment based on technical data showing that
a property was incorrectly included in a designated special flood hazard area. A LOMA
amends the current effective Flood Insurance Rate Map and establishes that a land as
defined by meets and bounds or structure is not located in a special flood hazard area.
Letter of Map Revision (LOMR) - A revision based on technical data that may show
changes to flood zones, flood elevations, floodplain and floodway delineations, and
planimetric features. A Letter of Map Revision Based on Fill (LOMR-F), is a determination
that a structure or parcel of land has been elevated by fill above the base flood elevation
and is, therefore, no longer exposed to flooding associated with the base flood. In order to
qualify for this determination, the fill must have been permitted and placed in accordance
with the community's floodplain management regulations.
Conditional Letter of Map Revision (CLOMR) - A formal review and comment as to
whether a proposed flood protection project or other project complies with the minimum
NFIP requirements for such projects with respect to delineation of special flood hazard
areas. A CLOMR does not revise the effective Flood Insurance Rate Map or Flood
Insurance Study.
W. Lowest adjacent grade - the lowest natural elevation of the ground surface next to the walls
of a structure.
X. Lowest floor - The lowest floor of the lowest enclosed area (including basement). An
unfinished or flood -resistant enclosure, usable solely for parking of vehicles, building
access or storage in an area other than a basement area is not considered a building's lowest
floor; provided, that such enclosure is not built so as to render the structure in violation of
the applicable non -elevation design requirements of Federal Code 44CFR §60.3.
Y. Manufactured home - A structure, transportable in one or more sections, which is built on
a permanent chassis and is designed for use with or without a permanent foundation when
connected to the required utilities. For floodplain management purposes the term
"manufactured home" also includes park trailers, travel trailers, and other similar vehicles
placed on a site for greater than 180 consecutive days.
Z. Manufactured home park or subdivision - a parcel (or contiguous parcels) of land divided
into two or more manufactured home lots for rent or sale.
AA. Mean Sea Level — for purposes of the National Flood Insurance Program, the National
Geodetic Vertical Datum (NGVD) of 1929 or the North American Vertical Datum
(NAVD) of 1988 to which base flood elevations shown on a community's FIRM are
referenced.
BB. New construction - For the purposes of determining insurance rates, structures for which
the "start of construction" commenced on or after 8/1/1978 [or "after December 31, 1974",
choose whichever is later], and includes any subsequent improvements to such structures.
For floodplain management purposes, new construction means structures for which the
start of construction commenced on or after the effective date of a floodplain management
regulation adopted by a community and includes any subsequent improvements to such
structures.
CC. Post -FIRM structures - A structure for which construction or substantial improvement
occurred on or after 8/1/1978 [or "after December 31, 1974", choose whichever is later].
DD. Pre -FIRM structures - A structure for which construction or substantial improvement
occurred before 8/1/1978 [or "on or before December 31, 1974", choose whichever is
later].
EE. Primary frontal dune - a continuous or nearly continuous mound or ridge of sand with
relatively steep seaward and landward slopes immediately landward and adjacent to the
beach and subject to erosion and overtopping from high tides and waves during major
coastal storms.
FF. Recreational vehicle - A vehicle which is:
1. Built on a single chassis;
2. 400 square feet or less when measured at the largest horizontal projection;
3. Designed to be self-propelled or permanently towable by a light duty truck; and,
4. Designed primarily not for use as a permanent dwelling but as temporary living quarters
for recreational camping, travel, or seasonal use.
GG. Repetitive Loss Structure - A building covered by a contract for flood insurance that has
incurred flood -related damages on two occasions in a 10-year period, in which the cost of
the repair, on the average, equalled or exceeded 25 percent of the market value of the structure
at the time of each such flood event; and at the time of the second incidence of flood -related
damage, the contract for flood insurance contains increased cost of compliance coverage.
HE Severe repetitive loss structure - a structure that: (a) Is covered under a contract for flood
insurance made available under the NFIP; and (b) Has incurred flood related damage - (i) For
which 4 or more separate claims payments have been made under flood insurance coverage
with the amount of each such claim exceeding $5,000, and with the cumulative amount of such
claims payments exceeding $20,000; or (ii) For which at least 2 separate claims payments have
been made under such coverage, with the cumulative amount of such claims exceeding the
market value of the insured structure.
II. Shallow flooding area - A special flood hazard area with base flood depths from one to
three feet where a clearly defined channel does not exist, where the path of flooding is
unpredictable and indeterminate, and where velocity flow may be evident. Such flooding
is characterized by ponding or sheet flow.
JJ. Special flood hazard area - The land in the floodplain subject to a one (1 %) percent or
greater chance of being flooded in any given year as determined in Article 3, Section 3.1
of this ordinance.
KK. Start of construction - For other than new construction and substantial improvement, under
the Coastal Barriers Resource Act (P.L. — 97-348), means the date the building permit was
issued, provided the actual start of construction, repair, reconstruction, rehabilitation,
addition, placement, substantial improvement or other improvement was within 180 days
of the permit date. The actual start means either the first placement of permanent
construction of a structure on a site, such as the pouring of slab or footings, the installation
of piles, the construction of columns, or any work beyond the stage of excavation; or the
placement of a manufactured home on a foundation. Permanent construction does not
include land preparation, such as clearing, grading and filling; nor does it include the
installation of streets and/or walkways; nor does it include excavation for a basement,
footings, piers, or foundations or the erection of temporary forms; nor does it include the
installation on the property of accessory buildings, such as garages or sheds not occupied
as dwelling units or not part of the main structure. For a substantial improvement, the actual
start of the construction means the first alteration of any wall, ceiling, floor, or other
structural part of a building, whether or not that alteration affects the external dimensions
of the building.
LL. Structure - for floodplain management purposes, a walled and roofed building, including a
gas or liquid storage tank, that is principally above ground, as well as a manufactured home.
MM. Substantial damage - Damage of any origin sustained by a structure whereby the cost of
restoring the structure to it's before damaged condition would equal or exceed 50 percent
of the market value of the structure before the damage occurred. It also means flood -related
damages sustained by a structure on two occasions in a 10-year period, in which the cost of
the repair, on the average, equals or exceeds 25 percent of the market value of the structure at
the time of each such flood event.
NN. Substantial improvement - Any reconstruction, rehabilitation, addition, or other
improvement of a structure, the cost of which equals or exceeds 50 percent of the market
value of the structure before the start of construction of the improvement. The term does
not, however, include either:
1. Any project for improvement of a structure to correct existing violations of state or
local health, sanitary, or safety code specifications which have been identified by the
local code enforcement official and which are the minimum necessary to assure safe
living conditions, or
2. Any alteration of a historic structure, provided that the alteration will not preclude the
structure's continued designation as a historic structure.
3. Historic structures undergoing repair or rehabilitation that would constitute a
substantial improvement as defined above, must comply with all ordinance
requirements that do not preclude the structure's continued designation as a historic
structure. Documentation that a specific ordinance requirement will cause removal of
the structure from the National Register of Historic Places or the State Inventory of
Historic places must be obtained from the Secretary of the Interior or the State Historic
Preservation Officer. Any exemption from ordinance requirements will be the
minimum necessary to preserve the historic character and design of the structure.
00. Violation - the failure of a structure or other development to be fully compliant with the
community's floodplain management regulations. A structure or other development
without the elevation certificate, other certifications, or other evidence of compliance
required in this ordinance is presumed to be in violation until such time as that
documentation is provided.
PP. Watercourse - A lake, river, creek, stream, wash, channel or other topographic feature on
or over which waters flow at least periodically. Watercourse includes specifically
designated areas in which substantial flood damage may occur.
ARTICLE VIII — ENACTMENT
Enacted and ordained this 8th day of November, 2023. This ordinance, number 2023-1 5 of Town
of Pulaski, Virginia, shall become effective upon passage.
Signature
00
Title
Atrestied