§ 14-83. Floodplain districts generally.  


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  • (a)

    Permits required. No development or land disturbing activity within a designated floodplain district shall be undertaken until after issuance of a building permit or land disturbing activity permit as required by Article III of this chapter. For the purpose of issuance of a permit, the 100-year flood elevation shall be the base floodwater surface elevation, with floodway, as shown in Table 2, floodway data of the flood insurance study dated December 15, 1978, and as revised effective July 20, 1998, April 2, 2009, July 16, 2014, and any subsequent revisions or amendments thereto.

    (b)

    Compliance with building code. No development shall be permitted within any floodplain district except in strict compliance with the applicable sections of the Virginia Uniform Statewide Building Code.

    (c)

    Effect on capacity of floodways and watercourses. No development or land disturbing activity shall be permitted which would adversely affect the capacity of any floodway or watercourse subject to this article.

    (d)

    Alteration or relocation of watercourses. Prior to any alteration or relocation of any watercourse, approval shall be obtained from the United States Army Corps of Engineers, the State Water Control Board, and the Virginia Marine Resources Commission; a joint permit application is available from any of these organizations. Furthermore, notification of such proposal shall be given by the applicant to all affected adjacent jurisdictions, the Division of Soil and Water Conservation of the Virginia Department of Conservation and Recreation, and the Federal Emergency Management Agency. The applicant shall be responsible for obtaining such approval and providing required notices. Proof of approval by the United States Army Corps of Engineers, the State Water Control Board, and the Virginia Marine Resources Commission as well as required notification shall be furnished to the Director prior to issuance of any land disturbing activity permit.

    (e)

    Chesapeake Bay Site Plan approval required. No development or land disturbing activity shall be undertaken in a Chesapeake Bay Preservation Area until after a Chesapeake Bay Site Plan has been approved in accordance with the requirements of Article IV of this chapter.

    (f)

    Provision of vehicular access. No new residential construction, with start of construction on or after December 9, 1991, shall be permitted without the provision of adequate vehicular access to the site at all times prior to and during the 100-year flood. Adequacy of access shall be as determined by the Director, after consultation with and approval by the fire marshal.

    (Code 1993, § 13-61; Code 2004, § 50-91; Ord. No. 2004-330-320, § 1, 12-13-2004; Ord. No. 2009-12-31, § 1, 2-23-2009; Ord. No. 2014-95-66, § 3, 4-28-2014)

(Code 1993, § 13-61; Code 2004, § 50-91; Ord. No. 2004-330-320, § 1, 12-13-2004; Ord. No. 2009-12-31, § 1, 2-23-2009; Ord. No. 2014-95-66, § 3, 4-28-2014)