HomeMy Public PortalAbout1996_01_16_R003 The Town of
Leesburg,
Virginia
RESOLUTION NO.
A RESOLUTION:
PRESENTED January 16~ 1996
96-3 ADOPTED January 16, 1996
INITIATING AN ORDINANCE AMENDMENT TO CONSOLIDATE
THE EXISTING F-1 ZONING DISTRICT AND THE FLOOD HAZARD
DISTRICT INTO A UNIFIED FLOODPLAIN OVERLAY DISTRICT
AND REFERRING SAME TO THE PLANNING COMMISSION
WHEREAS, within the corporate limits of Leesburg, applications for development in the
100-year floodplain are reviewed under the F-1 Floodplain District Regulations and/or the Flood
Hazard District (1984 annexed area); and
WHEREAS, both regulations address similar issues and rely on the Federal Emergency
Management Agency (FEMA) to issue a Letter of Map Revision (LOMR); and
WHEREAS, consolidating both ordinance into a unified document based on the current
Loudoun County regulations will provide a consistent document administered by the Town; and
WHEREAS, the existing Design and Construction Standards Manual (DCSM) will require
amendment to reflect any new processing standards changed in the zoning regulations; and
WHEREAS, consolidating the regulations will be in the public interest and reflects a good
zoning practice to administer consistent regulations.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. An ordinance amendment to delete the existing Section 5C F-1 Floodplain
District Regulations and replace it with a consolidated Section 5C Floodplain Overlay District is
hereby initiated and referred to the Planning Commission as shown below:
SECTION 5C. FLOODPLAIN OVERLAY DISTRICT
Section 5C-1. Purpose and Intent
These provisions are created to regulate and restrict land use in areas within the town which are
subject to severe periodic inundation, in such a manner as to:
(1) Protect life and prevent or minimize property damage.
INITIATING AN ORDINANCE AMENDMENT REGARDING FLOODPLAIN 2
IO
(2)
Ensure that any use, activity or development will not adversely affect the water
surface elevation and capacity of the 100-year floodplain defined in this
ordinance.
(3)
Reduce public costs for flood control, rescue and relief efforts occasioned by
unwise use or occupancy of such areas.
(4)
Conserve the natural state of watercourses and watersheds, and minimize the
damaging effects which development has on drainage conditions, pollution of
streams, and other environmental impacts on the town's water sources.
(5)
Comply with Federal and State laws and regulations that address the need for
floodplain management and protection.
(6)
Qualify Leesburg residents for the insurance and subsidies provided by the
National Flood Insurance Program.
All uses, activities and development within the Floodplain Overlay District shall be undertaken only
upon the issuance of a zoning permit. The placement of new or substantially improved
Manufactured Home(s) within any identified 100-year floodplain is prohibited. Only those uses set
forth in Sections 5C-5 and 5C-6 shall be permitted by right or by special exception within the
Floodplain Overlay District, provided the use is also permitted by right or by special exception within
the underlying zoning district.
Section 5C-2. Definitions
Unless otherwise specially provided, or unless clearly required by the context, the words and phrases
defined in this subsection shall have the following meanings when used in Section 5C.
O)
Alteration - A development action which will change the cross section of the
floodplain and will increase either the erosive velocity or height of floodwaters
either on-site or off-site. Alterations include, but are not limited to, land
disturbing activities such as clearing, grading, excavating, transportation and
filling land.
(2)
Base Flood/One-Hundred Year Flood - A flood that, on the average, is likely to
occur once every 100 years (i.e., that has a one (1) percent chance of occurring
each year, although the flood may occur more than once in any year).
(3)
Base Flood Elevation (BFE) - The Federal Emergency Management Agency
designated 100 year water surface elevation.
(4)
Cross Section - Shape and dimensions of a channel and valley of the floodplain
perpendicular to the line of flow.
(5)
Development - Any man-made change to improved or unimproved real estate,
including, but not limited to, buildings or other structures, mining, dredging,
filling, grading, paving, excavation or drilling operations or storage of equipment
or materials.
INITIATING AN ORDINANCE AMENDMENT REGARDING FLOODPLAIN 3
(6)
(7)
(8)
(9)
(10)
(11)
(12)
Floodplain - Any land area susceptible to being inundated by water from the
lO0-year base flood.
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 attached to the required utilities. The term
"manufactured home" does not include a "recreational vehicle".
Recreational Vehicle - A vehicle which is:
a. built on a single chassis;
b. 400 square feet or less when measured at the largest horizontal projection;
c. designed to be self-propelled or permanently towable by a light duty truck;
and
d. designed primarily not for use as a permanent dwelling but as temporary
living quarters for recreational camping, travel, or seasonal use.
Road, Crossing of Floodplain - Any improved right-of-way traversing a
floodplain generally perpendicular to the flow of the drainageway. Driveways
serving one (1) lot shall not be considered road crossings.
Stormwater Management Improvements- Surface drainage improvements, storm
sewers, detention and retention ponds and other such improvements required to
conform with the Leesburg Design and Construction Standards Manual
(DCSM).
Substantial Damage - Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would equal or
exceed 50 percent of the market value of the structure before the damage
occurred.
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. This term includes structures which have incurred "substantial
damage" regardless of the actual repair work performed. The term does not
include: (1) Any project for improvement of a structure to correct existing
violations of state or local health, sanitary, or safety code specifications which
have been identified by the local code enforcement official and which are the
minimum necessary to assure safe living conditions; and/or, (2) Any alteration
of a "historic structure", provided that the alteration will not preclude the
structure's continued designation as a "historic structure."
INITIATING AN ORDINANCE AMENDMENT REGARDING FLOODPLAIN 4
(13)
Utility Lines in the Floodplain - Storm sewers, sanitary sewers, water lines and
similar lines running generally parallel and perpendicular to the flow of the
drainageway; and other public utility lines traversing a floodplain generally
perpendicular to the flow of the drainageway.
Section 5C-3. Administration
The Floodplain Overlay District shall include:
(1)
All areas subject to inundation by waters of the 100-year base flood as identified
by the water surface elevation and cross-sections in the Flood Insurance Studies
for The Town of Leesburg and Loudoun County prepared by the Federal
Emergency Management Agency (FEMA), and the Federal Insurance
Administration (FIA), dated March 30, 1982 and November 1, 1985, as
amended.
(2)
All areas where no detailed flood profiles or elevations are provided, but where
a 100-year floodplain boundary has been approximated in the Flood Insurance
Studies. In such circumstances the applicant for the proposed use, development
and/or activity shall determine the 100-year base flood elevation in accordance
with hydrologic and hydraulic engineering techniques. Hydrologic and hydraulic
analyses shall be undertaken only by professional engineers licensed to practice
in the Commonwealth of Virginia, 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 of Leesburg, and shall be subject to FEMA review and
approval which may result in a map revision.
Section 5C-4. INTERPRETATION OF FLOODPLAIN OVERLAY DISTRICT BOUNDARIES
(1)
The Floodplain Overlay District boundaries are intended to be consistent with
the limits of the water surface elevations and cross-sections established by the
applicable "Flood Insurance Rate Map." The specific 100-year base flood
elevation must be delineated on the plans for any proposed use, development
and/or proposed activity. The limits of the Floodplain Overlay District shall be
determined from the 100-year base flood elevation in accordance with Section
5C-3.
The extent of the Floodplain Overlay District shall be based on the applicant
mapping the area in question at a sufficient scale to accurately depict the
floodplain boundaries. Should a dispute arise regarding the boundary location,
an appeal must be filed with the Board of Zoning Appeals within 30 days of the
decision and/or interpretation. The Board of Zoning Appeals will determine the
extent of Floodplain Overlay District using the criteria referenced in Section 5C-
3. 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.
INITIATING AN ORDINANCE AMENDMENT REGARDING FLOODPLAIN 5
Section 5C-5. Permitted Uses
The following uses and structures are permitted within the Floodplain Overlay District if the
applicant can demonstrate that the proposed development will have a low flood damage potential
and will not obstruct flood flows. Uses allowed in the underlying district shall be prohibited to the
extent not permitted by right or by special exception in the Floodplain Overlay District. Where any
use, structure or improvement will result in an alteration to the floodplain, an application for
alterations must be submitted to the Zoning Administrator in accordance with Section 5C-8 and any
alteration must meet the criteria contained in that section.
(1)
Agricultural uses such as general farming, pasture, grazing, outdoor plant
nurseries, horticulture, wildcrop harvesting, vegetable gardens, truck farming and
sod farming. In addition, timber harvesting is permitted upon submission of a
Timber Management Plan that has been approved by the Virginia Division of
Forestry.
(2)
Fishery uses such as fish hatcheries, fish harvesting.
(3)
Public or private recreational uses such as archery ranges, picnic grounds,
swimming areas, wildlife and nature preserves, target ranges, trap and skeet
ranges, hunting and fishing areas, pervious or impervious hiking, biking and
horseback riding trails, play areas of pervious or impervious surfaces, including
ball fields, basketball and tennis courts, and other similar park and open space
USES.
(4)
Stormwater management improvements associated with uses permitted by right
or special exception in the Floodplain Overlay District.
(5)
Minor public utility lines and appurtenances, road crossings, private drives,
serving up to seven (7) lots and private access easements serving low density
development.
(6)
Repair, reconstruction or improvement of existing residences, so long as the
footprint of the existing residence is not increased.
(7)
Accessory pervious or impervious parking areas to uses permitted by right or
special exception, and where the water surface elevation of the 100-year flood
event will not exceed six inches above the parking surface.
(8)
Incidental structures, not exceeding 840 square feet of floor area, associated with
permitted or approved special exception uses in the Floodplain Overlay District.
Such structures include storage sheds, maintenance sheds, backstops, bath houses
and locker rooms. Provided, however, bulk storage of gasoline, chemicals, fuels
or similar substances are prohibited in the Floodplain Overlay District.
(9)
Temporary storage of material or equipment necessary in the construction of
uses or structures permitted by right or special exception in the Floodplain
Overlay District.
INITIATING AN ORDINANCE AMENDMENT REGARDING FLOODPLAIN 6
(lO)
Alterations of the floodplain associated with any permitted or special exception
uses in the Floodplain Overlay District. However, no channelization shall occur
except to protect existing habitable structures subject to periodic flooding.
Applications for alterations of the floodplain must be submitted in accordance
with Section 5C-8. To the extent that the elevations and boundaries of the
floodplain change as a result of the alteration action, any areas no longer within
the floodplain may be used for any use in the underlying district, subject to the
provisions of the applicable district regulations and conditions of any approved
special exception.
(11)
Restoration and rehabilitation of historic structures included or eligible for
inclusion on a federal, state or local historic register.
Section 5C-6. Special Exception Uses
The following uses and structures may be permitted in the Floodplain Overlay District by special
exception, subject to processing an application in accordance with Article 11 of the zoning ordinance
and complying with the specific criteria listed in Section 5C-7.
(1)
Marinas, boat rentals, docks, piers, whapees, water ski jump facilities; and
incidental structures associated with such uses, such as bath houses and locker
rooms.
(2)
Golf courses, driving ranges.
(3)
Riding stables.
(4)
Incidental structures, greater than 840 square feet of floor area associated with
uses permitted by right or special exception in the Floodplain Overlay District.
(5)
Stormwater management ponds.
(6)
Accessory storage of vehicles, materials and equipment on a pervious or
impervious parking surface which exceeds 3,000 square feet in area. Vehicles,
materials and/or equipment must not be buoyant, flammable, explosive, and will
not be subject to major damage by flooding unless such material and equipment
is firmly anchored to prevent flotation or movement and/or can be readily
removed from the area within the time available after flood warning.
(7)
Road crossings which will result in an off-site increase in the water surface
elevation of the base flood, are subject to the following criteria and provisions:
a. The procedures and standards for alterations in Section 5C-8 shall apply;
provided, however, the proposed crossing may result in a rise in the water
surface elevation of the base flood of no more than one (1) foot.
A floodplain alteration in accordance with the Design and Construction
Standards Manual (DCSM) shall be submitted delineating all increases in the
base flood, and the new floodplain limits shall be subject to FEMA approval.
INITIATING AN ORDINANCE AMENDMENT REGARDING FLOODPLAIN 7
The road crossing shall be designed and constructed in accordance with the
standards and regulations of the Design and Construction Standards Manual
and/or the Virginia Department of Transportation Standards, whichever shall
apply.
An instrument describing the increase in the floodplain limits, and executed
by each affected property owner, shall be recorded upon approval of the
alteration for the road crossing.
The proposed crossing shall not result in an increase in the water surface
elevation of the base flood affecting existing buildings and structures.
Affected off-site property owners may at any time mitigate impacts on their
land as a result of an increase in the water surface elevation of the base flood
by:
Including all, or a portion of, the land subject to the increase in the
base flood elevation for purposes of calculating the permitted density
or intensity of use on the lot subject to such increase; and/or
Alterations in accordance with Section 5C-8 and the Design and
Construction Standards Manual to reclaim that portion of their land
subject to the increase in water surface elevation of the base flood as
a result of the road crossing, provided there is no additional off-site
rise in the 100-year water surface elevation; or
An affected landowner may request the following by special
exception, as provided in Section 5C-6:
(a)
Adjustment of the building setback or parking setback
requirements on specific lots or parcels of land affected by
the increase in the elevation of the base flood; and/or
(b)
Allocation of the density provided for in Section 5C-
6(7)(g)(1) to other lots within the proposed development not
directly subject to the increase in the base flood elevation.
Section 5C-7. Standards for a Special Exception
In considering applications for a special exception, the Town Council must be satisfied that the
following standards and those of Article 11 of the zoning ordinance have been met:
O)
The proposed use will not increase the danger to life and property due to
increased flood heights or velocities.
(2)
The proposed use will not increase the danger that materials may be swept
downstream to the injury of others.
INITIATING AN ORDINANCE AMENDMENT REGARDING FLOODPLAIN 8
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
The proposed water supply and sanitation systems are designed to prevent
disease, contamination, and unsanitary conditions.
The proposed use or structure must be located and designed to limit its
susceptibility to flood damage, and available alternative locations, not subject to
flooding, for the proposed use must be considered.
The proposed use is compatible with existing and planned development.
The proposed use is in harmony with the Town Plan and the Stormwater
Management Master Plan for the area.
The expected heights, velocity, duration, rate of rise and sediment transport of
the flood waters expected at the site should not cause significant damage.
Provision for alternative vehicular access and escape routes when normal routes
are subject to greater than 6 inch depth of water, which may result in being
blocked or destroyed by flooding.
Special exceptions which include the alteration of the floodplain boundary may
be conditionally approved by the Town Council, with final approval being subject
to the issuance of a "Map Revision" or "Letter of Map Revision" by FEMA. The
Town Council shall determine that the granting of such conditional approval will
not result in:
An increase in the 100-year base flood elevation beyond the
property boundaries unless specifically authorized by FEMA.
b. Additional threats to public safety.
c. Extraordinary public expense.
d. Nuisances.
e. Fraud or victimization of the public.
f. Conflict with local law or ordinances.
The Town Council shall notify the applicant for a special exception, in writing,
that the issuance of a special exception to construct a structure below the (100)-
year base 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 special
exception actions, including justification for the issuance of the special exception.
Any special exception issued in the Floodplain Overlay District shall be noted
INITIATING AN ORDINANCE AMENDMENT REGARDING FLOODPLAIN 9
in the annual or biennial report submitted to the Federal Insurance
Administrator.
Section 5C-8 ALTERATIONS TO THE FLOODPLAIN OVERLAY DISTRICT BOUNDARIES
O)
(2)
Procedures for Alterations to the Floodplain. Applications for alterations to the
floodplain shall be subject to the following procedures:
no
A preliminary flood plain study shall be submitted and reviewed in
accordance with Article 5 of the Design and Construction Standards Manual
(DCSM).
b°
Following the submittal of the preliminary flood plain study, the Zoning
Administrator shall notify any affected property owner and the Virginia
Department of Conservation and Recreation (Floodplain Management) of
the proposal to alter the existing 100-year floodplain boundary. Notification
will be consistent with the National Flood Insurance Program Regulations.
The Director of Engineering will review the preliminary flood plain study
based on Section 5C-8(2), "Engineering and Environmental Criteria for
Proposed Alterations to the Floodplain."
do
If the Director of Engineering reports that the alteration proposal does not
conform with engineering and environmental criteria of Section 5C-8(2), the
Zoning Administrator shall so notify the applicant and shall suspend further
action until a revised alteration proposal is submitted.
e°
Following the conditional approval of the preliminary floodplain study by the
Director of Engineering, the Zoning Administrator shall refer the Director
of Engineering findings and the special exception application to the Planning
Commission consistent with Section 11A-4(5).
Engineering and Environmental Criteria for any Proposed Alterations to the
Floodplain. Any proposed alterations to the Floodplain Overlay District shall
be reviewed by the Director of Engineering to determine whether the following
criteria have been met:
ao
Any alteration to the floodplain will require a Conditional Letter of Map
Revision by FEMA, and shall result in no change in the base flood elevation
beyond the property boundaries unless affected property owners acknowledge
in writing that they are aware of the proposal to modify the base flood
elevation, and a Conditional Letter of Map Revision authorizing the
modification is obtained from FEMA.
bo
Alterations to the floodplain which include modifications to the existing
stream channel bed and banks shall not create erosive water velocities when
the 100-year water velocity is applied to the proposed stream channel, cross
section, alignment, and lining. Alterations to the floodplain which do not
include modifications to the existing stream channel bed and banks shall not
INITIATING AN ORDINANCE AMENDMENT REGARDING FLOODPLAIN 10
increase erosive water velocities when the (100)-year water velocity is applied
to the existing stream channel cross section, alignment, and lining.
Permissible velocities for each type of channel lining shall be obtained from
the Virginia Erosion and Sediment Control Handbook, latest edition.
c. Any proposed relocation or alteration of the natural channel shall be in
accordance with the DCSM.
do
Unless specifically approved by the Director of Engineering, the maximum
allowable slope of any filled area on the floodplain alteration plan shall be
3:1.
eo
The floodplain alteration plan shall further include plans for erosion control
of cut and fill slopes and restoration of excavated areas. The site plan should
incorporate the use of landscaping and other natural materials (earth, stone,
wood) on cut and fill slopes, and provide for tree protection wherever
possible.
Alterations to the floodplain shall be in conformance with the provisions of
the Design and Construction Standards Manual (DCSM) as administered by
the Town.
g. The altered floodplain shall maintain its flood carrying capacity.
he
To the extent that the boundaries of the floodplain change as a result of the
alteration action, any areas no longer within the floodplain may be used for
any use in the underlying district, subject to the provisions of the applicable
district regulations and conditions of any approved special exception.
Section 5C-9. SITE PLANS AND ZONING PERMITS REQUIRED
(1)
In accordance with Section 17A-l, a zoning permit is required for all proposed
development in the Floodplain Overlay District except for agricultural, forestry
or fisheries uses not requiring the erection of structures.
(2)
All structures built in the Floodplain Overlay District must conform to the
requirements of the Design and Construction Manual and the Uniform
Statewide Building Code, including all floodproofing provisions.
(3)
A flood plain study shall be submitted in accordance with Article 5 of the DCSM
for any proposed structure or modification to the ground surface elevation in the
Floodplain Overlay District.
INITIATING AN ORDINANCE AlVIENDMENT REGARDING FLOODPLAIN 11
Section 5C-10. FLOODPLAIN INFORMATION TO BE SUBMITTED WITH LAND
DEVELOPMENT ACTIONS
Floodplain information shall be included as part of rezoning, special exception, commission permit
and site plan applications, and other land development applications, in accordance with Article 5 of
the DCSM.
Section 5C-11. EXISTING STRUCTURES IN THE FLOODPLAIN OVERLAY DISTRICT
A structure or use of a structure or premises which lawfully existed before the enactment of these
provisions, but which is not in conformity with these provisions, may be continued subject to the
following conditions:
(1)
Existing structures and/or uses located in the Floodplain Overlay District
shall not be expanded or enlarged unless the effect of the proposed
expansion or enlargement on base flood elevation is fully offset by
accompanying improvements to the flood plain in accordance with this
ordinance.
(2)
Any modification, alteration, repair, reconstruction or improvement of
any kind to a structure and/or use in a floodplain overlay district shall be
undertaken only in full compliance with the provisions of the Virginia
Uniform Statewide Building Code.
SECTION II. The Planning Commission is authorized to hold a public hearing to consider
this amendment pursuant to Title 15.1-431 of the 1950 Code of Virginia, as amended.
PASSED this 16th day of January , 1996.
ATTEST:
Clerk of Council
~tI_James E. Clem, Mayor
Town of Leesburg