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DRRC 01-23-14 Meeting Agenda Item #2: Landscaping Requirements – Business Friendly Recommendations In October of 2012 the Board of Supervisors formed the Frederick County Business Climate Assessment Committee (also called the Business Friendly Committee) to evaluate the current processes and procedures being utilized by the County. The purpose of the effort was to search for ways that the County could better meet the needs of new and existing businesses in the community. The Committee’s final report was adopted by the Board of Supervisors in July of 2013. One recommendation contained in the report was to review the landscaping requirements contained in the Zoning Ordinance. Staff has provided the sections in the Zoning Ordinance that pertain to landscaping along with the applicable excerpts from the Committee’s report. The DRRC discussed revisions to the landscaping ordinance at the September meeting and differed action to the January 2014 meeting. The DRRC requested to see the recommended changes in the Business report inserted into the existing landscaping ordinance for clarification. Staff would like to discuss with the DRRC the current Ordinance requirements and the recommendations from the Business Friendly Committee to look at potential revisions. Attachments: 1. Zoning Ordinance - Landscaping Requirements with recommended changes in text boxes. 2. Business Friendly Initiatives. 3. Letter from Scot Marsh with potential revisions. Business Friendly Suggested Landscaping Revisions 1 Part 202 – Off-Street Parking, Loading and Access § 165-202.01 Off-street parking; parking lots. D. Parking lots. Parking spaces shared by more than one dwelling or use, required for any use in the business or industrial zoning district or required for any institutional, commercial or industrial use in any zoning district shall meet the following requirements: (13) Landscaping. Parking lots in the RP Residential Performance District, the R4 Residential Planned Community District, the R5 Residential Recreational Community District, the MH1 Mobile Home Community District, the B1 Neighborhood Business District, the B2 Business General District, the B3 Industrial Transition District, the OM Office- Manufacturing Park District, the M1 Light Industrial District, the M2 Industrial General District, the MS Medical Support District, and the HE (Higher Education) District shall be landscaped to reduce the visual impact of glare and headlights on adjoining properties Overall Suggestions: • Place all landscaping requirements in one section for ease of reverence. • Clearly identify the landscape requirements for each major land use category by use (industrial, commercial or residential) • Place all parking regulations and parking lot standards for landscaping in one location. • Clearly identify the landscape requirements for commercial and industrial uses. • Clearly identify the submittal, review and appeal process for landscape plans and buffer requirements. • Clearly identify the process and procedure for review and modification of landscape plans. If a plan is modified from the standard due to site conditions, the Zoning Administration has the final approval. If the designer and Zoning Administrator do not agree; what is the procedure for resolution? • Look carefully at the landscape requirements with plants and trees at mature levels. • Look at the mature stage of plants and trees during the planning phase to eliminate crowding. • Clearly identify buffer requirements within the context of each zoning district (like setbacks). • Consider buffers as distance between uses to help urban infill. • Keep tree save and tree preservation requirements out of the landscape section. • Look carefully at the intent of the landscape requirements to help guide the Zoning Administrator. Critical is the view from the street or road for a commercial, mixed use or industrial use. • Consider the unintended consequences of the landscape, tree save and buffer requirements. o Are trees being removed prior to the development process? o Are plants and trees being removed after the final CO? o Are infill sites being left undeveloped due to buffers? Business Friendly Suggested Landscaping Revisions 2 and rights-of-way. Parking lots shall be adequately shaded to reduce reflected heat. In the RA (Rural Areas) District, parking lot landscaping shall not be required for parking lots with 10 or fewer spaces. Landscaping shall also be provided to reduce the visual expansiveness of parking lots. Landscaping shall be provided in such parking lots as follows: a) Perimeter landscaping. The perimeter of all impervious areas shall be landscaped with shade trees and other landscaping. One tree shall be provided for every 2,000 square feet of impervious area for the first 100,000 square feet of the entire site. One tree shall be provided for every 5,000 square feet in excess of the first 100,000 square feet of the entire site. Self-service storage facilities shall provide one tree per 10,000 square feet of impervious area of the entire site, in addition to the trees required in § 165-204.18, Storage facilities. The perimeter landscaping trees shall be reasonably dispersed throughout the parking lot. A three-foot-high evergreen hedge, fence, berm or wall shall be provided to prevent headlights from shining on public rights-of-ways and adjoining properties. All perimeter landscaping shall comply with the requirements of §165-203.01B, Plant selection, planting procedure and maintenance. b) Interior landscaping. A minimum of 5% of the interior portions of parking lots shall be landscaped for the purpose of providing shade trees. Such interior landscaping shall be provided on raised islands and in continuous raised strips extending the length of a parking bay. Within the parking lot, raised islands and landscaped areas should be uses to delineate traffic and pedestrian circulation patterns. No less than one shade tree shall be provided in the interior of the parking lot for each 10 parking spaces. The Zoning Administrator may waive the requirement for interior landscaping for parcels located outside of the Sewer and Water Service Area when curb and gutter is not proposed. The Zoning Administrator may approve alternative locations for interior landscaping for parking lots used for truck parking, as well as other parking lots, when it would improve the overall quality of the landscape plan. All interior landscaping shall comply with the requirements of § 165-203.01B, Plant selection, planting procedure and maintenance. Part 203 – Buffers and Landscaping § 165-203.01 Landscaping requirements. The requirements of this section are intended to enhance the appearance, environment, and general welfare of Frederick County by providing minimum landscaping standards and encouraging tree preservation for developments. The provisions of this section shall apply to all site plan and subdivision design plan applications, including the revision or expansion of any site or development. A. Residential developments. Residential developments which require a master development plan, subdivision design plan or site plan shall provide at least one of the three types of landscaping identified below. Business Friendly Suggested Landscaping Revisions 3 (1) Street tree landscaping. Street tree landscaping shall require one street tree for every 40 feet of street frontage in a residential development, with the exception of frontage on roads which require a road efficiency buffer. Street trees shall be planted no more than 20 feet from rights- of-way. Planting street trees on the property lines of building lots should be avoided. Two or more street trees shall be planted on each building lot. The Zoning Administrator may allow fewer than two street trees for an individual building lot if topographical features, utilities, easements, or the width of the lot makes it impractical to do so. All street trees shall comply with the requirements of § 165-203.01B, with the exception that street trees must be at least two-and-one-half-inch caliper at the time of planting. (2) Ornamental landscaping. (a) Ornamental landscaping shall be provided for residential developments based on the following index and matrix: Index of Lot Types Lot Type Description A Single-Family Detached Rural Traditional B Single-Family Detached Traditional C Single-Family Detached Urban D Single-Family Detached Cluster E Single-Family Detached Zero Lot Line F Single-Family Small Lot G Multiplex H Townhouse, Back-to-Back Townhouse I Garden Apartment, Multifamily Residential Buildings Age Restricted Multifamily Housing Required Landscaping Per Dwelling Unit Lot Type Ornamental Shrubs Ornamental Trees A None 10 per 1 unit Suggestion: There should be no landscaping requirements on single-family residential lots. Business Friendly Suggested Landscaping Revisions 4 (b) Ornamental trees and shrubs shall comply with the requirements of § 165-203.01B. The Zoning Administrator may allow some of the required ornamental trees and ornamental shrubs to be planted in areas of common open space so long as the intent of this section is met. (3) Tree preservation landscaping. An area with a tree canopy coverage, of at least 25% of the entire site area, shall be preserved within dedicated open space. In no case shall individual building lots be located within the open space. Canopy coverage shall be calculated from the cumulative total of existing tree canopies. Preserved trees shall be clustered together to maintain a contiguous canopy; and shall be protected from construction activity. These areas of open space may be counted towards the total required open space, as specified in § 165-402.07. Residential developments which are not required to have open space by § 165-402.07 are not exempt from creating open space for the required canopy coverage. The calculation of tree canopy shall be based on either the individual tree standards of the "Manual of Woody Landscape Plants," written by Michael A. Dirr, or through a comprehensive analysis of existing tree drip lines, conducted by a Virginia certified engineer, land surveyor, or landscape architect. B 10 per 1 unit 5 per 1 unit C 10 per 1 unit 5 per 1 unit D 10 per 1 unit 5 per 1 unit E 10 per 1 unit 5 per 1 unit F 15 per 1 unit 5 per 1 unit G 3 per 3 units* 1 per 3 units* H 6 per 5 units* 2 per 5 units* I 3 per 2 units* 1 per 2 units* Note: *Required ornamental trees and shrubs are in addition to all trees and shrubs elsewhere required in the Zoning Ordinance. Suggestion – Tree Preservation: • Tree saving (preservation) are generally under a tree commission or parks commission in more urban areas. Consider a qualified group or committee to oversee the tree preservation portion of the code. • Consider removal of the tree preservation standards to its own section. • Clearly identify if this section only applies to residential. • It is not clear if this applies to non-residential uses at a first glance. • Does the tree save standard encourage removal of trees prior to the development process to avoid preservation? • The tree preservation section is labeled as landscaping. This is confusing. The standards do not allow for a trained forester to conduct the tree drip line analysis. Clearly outline the process for review, modification of the standards and appeals. Business Friendly Suggested Landscaping Revisions 5 B. Plant selection, planting procedure, and maintenance. (1) Plant selection. Based on the type of landscaping, required trees and shrubs shall be selected from the table of acceptable trees and shrubs shown below. Types of Landscaping Street tree landscaping (street) Ornamental landscaping (ornamental) Tree preservation landscaping (canopy) Interior and perimeter landscaping (shade), Buffer screening and parking lot screening (screen), Deciduous buffer element (street, canopy, shade), buffer shrub element (shrub or screen) Acceptable Trees and Shrubs Common Name Scientific Name Types of Landscaping Permitted Amur Maple Acer ginnala Street, shade, canopy, ornamental European Hornbeam Carpinus betulus Street, shade, canopy, ornamental Hop Hornbeam Ostrya virginiana Street, shade, canopy, ornamental Katsura Tree Cercidiphyllum japonicum Street, shade, canopy, ornamental Ginkgo (male) Ginkgo biloba Street, shade, canopy, ornamental Thornless Honey Locust Gleditsia triacanthos inermis Street, shade, canopy, ornamental Golden-Rain Tree Koelreuteria paniculata Street, shade, canopy, ornamental Flowering Crabapple Malus (disease resistant varieties) Street, shade, canopy, ornamental Chinese Pistache Pistacia chinensis Street, shade, canopy, ornamental Linden Tilia (all varities) Street, shade, canopy, ornamental Lacebark Elm Ulmus parvifolia Street, shade, canopy, ornamental Business Friendly Suggested Landscaping Revisions 6 Japanese Zelkova Zelkova serrata Street, shade, canopy, ornamental Red Oak Quercus rubra Street, shade, canopy, ornamental White Oak Quercus alba Street, shade, canopy, ornamental Scarlet Oak Quercus coccinea Street, shade, canopy, ornamental Sawtooth Oak Quercus acutissima Street, shade, canopy, ornamental Kentucky Coffeetree Gymnocladus diocus Street, shade, canopy, ornamental Dawn Redwood Metasequoia glyptostroboides Street, shade, canopy Swamp Chestnut Oak Quercus michauxii Street, shade, canopy Willow Oak Quercus phellos Shade, canopy, ornamental Bald Cypress Taxodium distichum Street, shade, canopy Red Maple Acer rubrum Shade, canopy, ornamental Freeman Maple Acer freemanii Shade, canopy, ornamental Sugar Maple Acer saccharum Shade, canopy, ornamental Paperbark Maple Acer griseum Shade, canopy, ornamental American Sycamore Platanus occidentallis Shade, canopy, ornamental London Plane Tree Platanus acerifolia Shade, canopy, ornamental Sweetgum Liquidambar styraciflua Shade, canopy, ornamental Copper Beech Fagus sylvatica 'Riversii' Shade, canopy, ornamental Weeping Beech Fagus pendula Shade, canopy, ornamental European Beech Fagus sylvatica Shade, canopy, ornamental River Birch Betula nigra Shade, canopy, ornamental Star Magnolia Magnolia stellata Shade, canopy, ornamental Business Friendly Suggested Landscaping Revisions 7 Saucer Magnolia Magnolia x soulangiana Shade, canopy, ornamental Black Gum Nyssa sylvatica Shade, canopy, ornamental Yellowwood Cladrastis kentukea Shade, canopy, ornamental Downy Serviceberry Amelanchier arborea Shade, canopy, ornamental Hawthorn Crataegus plaenopyrum, Crataegus viridis Shade, canopy, ornamental Sourwood Oxydendrum arboreum Shade, canopy, ornamental Tuliptree Liriodendron tulipifera Shade, canopy, ornamental Paw Paw Asimina triloba Shade, canopy, ornamental Dogwood Cornus florida, Cornus kousa, Cornus hybrid Shade, ornamental Flowering Cherry Prunus (all varieties of Flowering Cherry) Shade, ornamental Cornelian Cherry Cornus mas Shade, ornamental Eastern Redbud Cercis canadensis Shade, ornamental American Plum Prunus americana Shade, ornamental Japanese Maple Acer palmatum Shade, ornamental Douglas Fir Pseudotsuga menziesii Screen, ornamental White Fir Abies concolor Screen, ornamental Spruce Picea (all varieties) Screen, ornamental Japanese Umbrella Pine Sciadopitys verticillata Screen, ornamental Hinoki False Cypress Chamaecyparis obtusa Screen, ornamental White Pine Pinus strobus Screen, canopy Western Arborvitae Thuja plicata Screen, ornamental Eastern Arborvitae Thuja occidentalis (all varieties) Screen, ornamental Leyland Cypress Cupressocyparis x leylandi Screen, ornamental Business Friendly Suggested Landscaping Revisions 8 Japanese Cedar Cryptomeria japonica Screen, ornamental Viburnum (Evergreen) (all evergreen/semi-evergreen varieties) Screen, ornamental, shrub Yew Taxus (all varieties) Screen, ornamental, shrub Holly Ilex (all varieties) Screen, ornamental, shrub Common Boxwood Buxus sempervirens Screen, ornamental, shrub Juniper Juniperus (all varieties) Screen, ornamental, shrub Abelia (All varieties) Screen, ornamental, shrub Witchhazel Hamamelis vernalis Ornamental, shrub White Fringetree Chionanthus virginicus Ornamental, shrub Slender Deutzia Deutzia gracilis Ornamental, shrub Althea Hibiscus syriacus Ornamental, shrub Vicary privet Ligustrum x vicaryi Ornamental, shrub Sweet Mockorange Philadelphus coronarius Ornamental, shrub Japanese pieris Pieris japonica Ornamental, shrub Cotoneaster (All varieties) Ornamental, shrub Spirea (All varieties) Ornamental, shrub Weigela (All varieties) Ornamental, shrub Forsythia (All varieties) Ornamental, shrub Dwarf Fothergilla Fothergilla gardenii Ornamental, shrub Buttonbush Cephalanthus occidentalis Ornamental, shrub Japanese pagodatree Sophora japonica Ornamental, shrub Chastetree Vitex agnus-castus Ornamental, shrub Standard Nandina Nandina domestica Ornamental, shrub Purple Plum Prunus cerasifera Ornamental Business Friendly Suggested Landscaping Revisions 9 (2) Planting procedure. All required trees and shrubs shall meet the specifications and procedures established by the American Nursery and Landscape Association. a) All trees shall be planted no closer than three feet to the edge of sidewalks, curb or other pavement. b) Deciduous trees shall be a minimum of two-inch caliper at the time of planning. c) Only single stem trees shall be planted as street trees. d) Evergreen trees shall be a minimum of four feet in height at the time of planting. Shrubs shall be a minimum three-gallon container at the time of planting. In addition to the three- gallon container requirement, parking lot screening shrubs shall be a minimum of 36” in height at time of planting and buffer shrubs shall be a minimum of 18” in height at time of planting. Spacing of parking lot screening shrubs shall be no greater than four (4) feet on center. e) Only trees having a mature height of less than 20 feet shall be located under overhead utility lines. f) Measurement of Size. Caliper is measured six (6) inches above the ground up to and including four (4) inch caliper size, and twelve (12) inches above the ground for larger sizes. Diameter at breast height (dbh) will be measured at the height of 54 inches from the base of the trunk or as otherwise allowed in the Guide for Plant Appraisal. (3) Maintenance. The owner, developer, and/or builder who is responsible for planting required landscaping shall be responsible for maintaining it in a state of good health for one year after planting. After one year, from the date occupancy is approved, the individual property owner and/or homeowner's association shall become responsible for maintenance. As long as the intent of this section is met, the Zoning Administrator may waive the requirement for landscaping on individual building lots when a hazard or nuisance exists. Crape Myrtle Lagerstroemia indica Ornamental Persian parrotia Parrotia persica ornamental Hydrangea (all varieties) Ornamental Mugo pine Pinus mugo Ornamental Itea (All varieties) Ornamental Aronia (All varieties) Ornamental Clethra (All varieties) Ornamental Azalea Rhododendron (All varieties) Ornamental Rhododendron (All varieties) Ornamental Northern Bayberry Myrica pensylvanica Ornamental Meyer Lilac Syringa meyeri ‘Palibin’ Ornamental Business Friendly Suggested Landscaping Revisions 10 C. Existing tree credits. If the intent of § 165-203.01 is satisfied, including species type and location, existing trees that are preserved may be counted towards the total number of required trees for residential developments. Commercial and industrial developments may utilize existing tree credits when calculating the required number of parking lot trees, as required in § 165-202.01D(13), if the preserved trees are shown on an approved site plan and serve the intent of interior and perimeter landscaping. The following table shows the credit given for each preserved tree, based on the tree's caliper: D. Enforcement procedures. The Zoning Administrator may require a bond with surety or other acceptable guaranties to insure the completion of required improvements. Such guaranties shall be in the estimated amount of the required improvements. Such guaranties shall be for a period of completion set by the Zoning Administrator with consultation with the applicant. Such guaranties shall be released when the required improvements have been completed. § 165-203.02 Buffer and screening requirements. It is the intent of the regulations of this section to encourage proper design of a site in order to protect adjacent existing uses and to protect proposed uses within the site. Certain types of uses must be buffered from other types in order to ensure a desirable living environment. Additionally, appropriate distances must be maintained between commercial, industrial and residential uses and roads. A. Distance buffers. Distance buffers are based on the nature of an activity and its proximity to an activity of a different nature. They are linear distances measured from property lines inward. Part of the buffer must be inactive and part may be active. The inactive portion begins at the adjoining property line, as shown in the example diagrams. (1) Inactive distance buffer. This portion of a buffer area permits no activity except the necessary utility functions provided by transmission lines, underground conduits, etc. (2) Active distance buffer. This portion of a buffer area may not be encroached by a building or other principal structure or activity. However, accessory activities, such as parking, are permitted in this area. Active buffers shall not contain road rights-of-way. Caliper (inches) Tree Credit 4 to 6 1 7 to 12 2 13 to 18 3 19 to 29 4 Greater than 30 5 Business Friendly Suggested Landscaping Revisions 11 (3) Wherever proposed developments are adjacent to or within 1,000 feet of the boundaries of existing uses, the Board of Supervisors may require increased or additional distance buffers to separate different uses to achieve the intentions of this section. B. Screening. Screening is designed to work with distance buffers to lessen the impact of noise or visual interaction between adjacent activities. There are two levels of screening: landscape screening and full screening. The higher the level of screening provided, the lower the level of distance buffer required. The example diagrams show how this works. (1) Landscape screening. A landscape screen consists of a totally landscaped easement at least 10 feet in depth; it is encouraged that the plantings to be spaced appropriately within the inactive buffer. Within the easement, there shall be a minimum landscaping density of three plants per 10 linear feet. The buffer shall consist of a combination of 1/3 deciduous trees, 1/3 evergreen trees and 1/3 shrubs. Deciduous trees shall be planted at a minimum of 2” caliper, evergreen trees shall be a minimum of 4’ in height and shrubs shall be 18” in height at time of planting. (2) Full screen. A full screen provides all the elements of a landscape screen and also includes a six- foot-high, opaque hedge, fence, wall, mound or berm. A 50 foot strip of mature woodlands may be allowed as a full screen. (3) Wherever proposed developments are adjacent to existing uses, the Board of Supervisors may require additional landscaping or landscaped easements to separate different uses and to achieve the intentions of this section. C. Residential separation buffers. Residential separation buffers shall be established to adequately buffer different housing types from dissimilar housing types within adjacent separate developments. The requirements for residential separation buffers are as follows: Suggestion – Buffers and Screens: Distance buffers and screens were originally designed to be measured between actual uses and not within internal property lines. Waivers could be obtained if adjoining property owners agreed. As Frederick County changes to a more urban nature in-fill becomes more and more important. Consider modifying this section to allow reconsider distance between uses and waivers by adjoiners to promote infill. Distance buffers have become a form of setbacks impacting the way many properties can be used and developed. Consider adding a reference to the required buffers that they be placed in the setback standards. Distance buffers include landscaping. The landscaping requirements for the number of plants and spacing need to consider the distance between plants when mature. The current standard appears to crowd plantings – modify the space requirements to recognize the mature levels of the required plants and trees. Business Friendly Suggested Landscaping Revisions 12 (1) When placed adjacent to one another, developments with different housing types shall provide the following residential separation buffers: MINIMUM RESIDENTIAL SEPARATION BUFFER AREA REQUIRED Proposed Use/Development Adjoining Existing Use/Development 1 2 3 4 5 1. Single-family detached - - A B B 2. Single-family zero lot line or small lot - - A B B 3. Multiplex or townhouse B B - B B 4. Garden Apartment or Multifamily buildings C C B - A 5. Age-restricted multifamily C C C - - BUFFER AREA WIDTH AND PLANT REQUIREMENTS Type Inactive (Minimum) (feet) Active (Maximum) (feet) Total (feet) Screen Type A 15 10 25 Full Screen A 30 20 50 Landscape Screen A 75 25 100 No Screen B 30 20 50 Full Screen B 45 30 75 Landscape Screen B 75 25 100 No Screen C 75 25 100 Full Screen C 100 50 150 Landscape Screen C 150 50 200 No Screen (2) Buffers shall be placed between the lot line of the proposed housing type and the lot line of the existing adjoining use or development. When placed on individual lots, the buffer shall be located within a permanent landscape easement and shall be maintained by the homeowners association. (3) When age-restricted multifamily housing adjoins other housing types, the evergreen element of the residential separation buffer shall be planted at a height of six feet. (4) When existing mature woodlands are located within the entire buffer area (total distance if active and inactive buffer), preservation of that woodland will be allowed to substitute for the required plant material. (5) Housing types contained within a mixed use development as outlined in the Comprehensive Plan or developments that contain a mixture of housing types but approved with the same Master Development Plan shall not require residential separation buffers between housing types contained within the same development. The Zoning Administrator may require residential separation buffers when a Master Development Plan is revised and the housing types are modified after construction has already commenced within the development. Residential separation buffers shall be required when different housing types are placed adjacent to a mixed use or Master Planned development or if the development abuts different housing types within a separate development. Business Friendly Suggested Landscaping Revisions 13 (6) The Board of Supervisors may waive, reduce and/or modify the residential separation buffer requirements (distance or landscaping) if the topography of the lot providing the buffer yard and the lot being protected is such that the required buffer yard would not be effective. (7) The Board of Supervisors may waive, reduce and/or modify the residential separation buffer requirements (distance or landscaping) when utility conflicts preclude the installation of the buffer and would result in unnecessary or otherwise unreasonable hardship to the developer. D. Zoning district buffers. Buffers shall be placed on land to be developed when it adjoins land in certain different zoning districts. (1) Buffers shall be provided on the land to be developed according to the categories in the following tables: (a) Buffer categories: (b) Buffer categories to be provided on land to be developed according to the zoning of the adjoining land: Distance Buffer Required Category Screening Provided Inactive (Minimum) (feet) Active (Maximum) (feet) Total (feet) A No screen 25 25 50 B Full screen 25 25 50 B Landscape screen 75 25 100 B No screen 150 50 200 C Full screen 75 25 100 C Landscape screen 150 50 200 C No screen 350 50 400 Zoning of Adjoining Land Zoning of Land to be Developed RP R4 R5 MH1 B1 B2 B3 OM M1 M2 EM MS Business Friendly Suggested Landscaping Revisions 14 (2) If a lot being developed is adjacent to developed land which would normally be required to be provided with a buffer but which does not contain the buffer, the required buffer shall be provided on the lot being developed. The buffer to be provided shall be of the larger category required on either the lot being developed or the adjacent land. Such buffer shall be in place of the buffer normally required on the lot being developed. The buffer may include required setbacks or buffers provided on the adjacent land. (3) Whenever land is to be developed in the B-1 (Neighborhood, Business) or B-2 (Business, General) Zoning District that is adjacent to land primarily used for residential use in the RA (Rural Areas) Zoning District, a B Category buffer shall be provided on the land to be developed. The Board of Supervisors may grant a waiver to reduce the required buffer distance requirements with the consent of the adjacent (affected) property owners. Should a waiver be granted by the Board of Supervisors, the distance requirements of § 165-203.02D(1)(a) may be reduced, provided the full screening requirements of this section are met. (4) Whenever land is to be developed in the B3, OM, M1 or M2 Zoning District that is adjacent to land primarily used for residential purposes in the RA Rural Areas Zoning District, a C Category buffer shall be provided on the land to be developed. (5) Whenever land is to be developed in the MS Zoning District that is adjacent to land primarily used for residential purposes in the RA (Rural Areas) Zoning District, a C Category buffer shall be provided on the land to be developed. Whenever land is to be developed in the MS Zoning District that is adjacent to all other land zoned RA (Rural Areas) Zoning District, the requirements for buffer and screening shall be provided in accordance with §165-402.07 of this chapter. RP - - - - A A A A A A A A R4 - - - - A A A A A A A A R5 - - - - A A A A A A A A MH1 C C C - B B B B B A A C B1 B B B B - - A A A A A B B2 B B B B - - - A A A A B B3 C C C C B - - - - - - C OM C C C C B B - - - - - C M1 C C C C B B - - - - - C M2 C C C C B B B B B - - C EM C C C C B B B B B - - C MS C C C C B B B B B B C - Business Friendly Suggested Landscaping Revisions 15 (6) The Zoning Administrator may waive any or all of the requirements for the zoning district buffers on a particular site plan when all uses shown on the site plan are allowed in the zoning district in which the development is occurring and in the adjoining zoning districts. (7) The Zoning Administrator may waive, reduce and/or modify buffer yard requirements (distance and landscaping) if in his opinion the topography of the lot providing the buffer yard and the lot being protected is such that the required yard would not be effective. The buffer may also be modified to maintain highway sight distances. (8) Land proposed to be developed in the OM (Office-Manufacturing Park), the M1 Light Industrial District and the M2 Industrial General District may be permitted to have a reduced buffer distance that is consistent with the required side or rear building setback line, provided that the following requirements are met: (a) The property to be developed with a reduced buffer distance is part of an approved master planned industrial park. (b) There are no primary or accessory uses within the reduced buffer distance area, including driveways, access drives, outdoor storage areas, parking areas, staging areas, loading areas and outdoor dumpster areas. All-weather surface fire lanes necessary to meet the requirements of Chapter 90, Fire Prevention, of the Code of Frederick County, Virginia, shall be exempt from this performance standard. (c) A full screen is required to be created within the reduced buffer distance area which shall be comprised of a continuous earth berm that is six feet higher in elevation than the highest elevation within the reduced buffer distance area and a double row of evergreen trees that are a minimum of six feet in height and planted a maximum of eight feet from center to center. (9) Proposed developments required to provide buffers and screening as determined by § 165- 203.02D(1)(b) of this chapter may be permitted to establish a common shared buffer and screening easement with the adjoining property. The common shared buffer and screening easement shall include all components of a full screen which shall be clearly indicated on a site design plan. A legal agreement signed by all appropriate property owners shall be provided to the Department of Planning and Development and shall be maintained with the approved site design plan. This agreement shall describe the location of the required buffer within each property, the number and type of the plantings to be provided and a statement regarding the maintenance responsibility for this easement. The required buffer distance may be reduced by 50% for a common shared buffer easement if existing vegetation achieves the functions of a full screen. (10) When a flex-tech development is split by a zoning district line, the Zoning Administrator may allow for a reduction of the distance buffer and the relocation of the screening requirements. Such modifications shall be allowed at the Zoning Administrators discretion, provided that all of the following conditions are met: (a) The zoning district boundary line for which the modification is requested is internal to the land contained within the master development plan. Business Friendly Suggested Landscaping Revisions 16 (b) The required landscape screen is relocated to the perimeter of the flex-tech development. This relocated landscape screen shall contain the same plantings that would have been required had the screen been placed along the zoning district boundary line. (11) Whenever land is to be developed in the B1, B2, B3, OM, M1 or M2 Zoning District that is adjacent to a railroad right-of-way that has property zoned B1, B2, B3, OM, M1 or M2 on the opposite side, zoning district buffers shall not be required. In the event that residential uses are located on the opposite side of the railroad right-of-way, a zoning district buffer as required by § 165-203.02D shall be provided. In the event that a zoning district buffer is required, the width of the railroad right-of-way may be counted towards the required zoning district buffer distance. E. Road efficiency buffers. (1) Road efficiency buffers. The purpose of these requirements are to provide protection for residential structures from any street classified as a collector road or higher while still providing an attractive view of the residential neighborhoods from major roadways. It is not the intent of these regulations to provide uniform linear strips of completely opaque screening but to provide an attractive view of residential neighborhoods from major streets and ensure adequate buffering for the residential neighborhood from the street. (2) All road efficiency buffers shall begin at the edge of the road right-of-way, with the inactive portion abutting the road right-of-way. All required elements of the full-distance buffer or the reduced-distance buffer shall be located within the inactive portion of the road efficiency buffer. Maintenance of the road efficiency buffer shall be in accordance with § 165- 203.01B(3). The inactive portion of the road efficiency buffer is permitted to count towards Distance Buffer Required Road Classification Inactive (minimum) (feet) Active (maximum) (feet) Total (feet) Screen Type Interstate/ arterial/ limited access Full-distance buffer 50 50 100 Landscape Screen Reduced-distance buffer 40 40 80 Full Screen Major collector Full-distance buffer 40 40 80 Landscape Screen Reduced-distance buffer 40 10 50 Full Screen Business Friendly Suggested Landscaping Revisions 17 the required percentage of common open space; however, no portion of a residential lot shall be located within the inactive portion of the road efficiency buffer. The active portion of the road efficiency buffer may be permitted to be located within a residential lot, provided that the primary structure is not located within the buffer area. Accessory structures may be located within the active portion of the road efficiency buffer, provided that the structures meet all applicable setback requirements. Access roads serving as the primary means of vehicular travel to residential subdivisions are permitted to traverse road efficiency buffers. (3) All road efficiency buffers shall contain landscaping evergreen trees intended to reach a minimum height of 20 feet at maturity. (4) The Zoning Administrator may allow alternative landscaping near entrance drives to ensure safe sight distances. (5) The Zoning Administrator may waive, reduce and/or modify the road efficiency buffer yard requirements if in his opinion the topography of the lot providing the buffer yard and the lot being protected is such that the required buffer yard would not be effective. (6) When existing mature woodland, when supplemented by new vegetation if needed, is located within the entire buffer area and meets the intent of this section, preservation of that woodland will be allowed to substitute for the required plant material and the opaque screening. Suggestions – Road Efficiency Buffers: Road efficiency buffers need to be clearly identified if they are intended for commercial, industrial or residential uses. Staff Note: The ordinance clearly specifies that road efficiency buffers only apply to residential developments. M E M O R A N D U M TO: Land Use and Development Subcommittee FROM: Scot W. Marsh DATE: May 2, 2013 RE: Recommendations to Board of Supervisors Buffers and Landscaping ====================================================================== The following is a summary of the discussions regarding recommendations for amendments to the Frederick County Zoning Ordinance with regard to the buffers and landscaping requirements. This summary with recommendations is in draft form for review by our committee for the addition to our committee’s final recommendations to the Frederick County Board of Supervisors. Buffers and Landscaping Requirements: It is the recommendation of the Land Use and Development Subcommittee to have the existing Frederick County Buffers and Landscaping Ordinance completely reviewed and re- written to provide, first and foremost, a well defined purpose to allow for flexibility in the project site landscaping, tree preservation, and effective development buffers. This specific ordinance should reflect the community’s priorities and should prominently state the benefits that are to be realized with the implementation of these requirements. The ordinance should be written in a manner that can be understood by not only a professional designer, but also a developer or contractor so that he or she will comprehend what must be done to meet the standards. The ordinance should be tailored so that the landscaping features are most suitable for the particular terrain, proposed design features, adjacent lands, drainage and other site-specific elements. Recommendations for the New Landscape Ordinance: o There should be no landscaping requirements on single-family residential lots. o Existing Facility expansion projects the landscaping requirements should be limited. o Create a Landscape Advisory Committee o Reduce or scale back the amount of specific landscaping required on a project o Minimize construction costs that relate to matters of taste o Reduce government control, regulation, and intervention for small business. o Provide for flexibility during the design and construction phases by allowing for business owners to manage their properties to meet the needs of the specific facility. The new landscape ordinance would be created by a that would be made up of approximately ten (10) members. The landscape advisory committee would be diverse and representative of the following suggested disciplines: From the Private Sector: A certified landscape architect, a civil engineer site planner, a representative of the local builders’ association, a landscaping contractor, a local plant nursery grower, and a project developer. From Local Government: A Planning Department representative and a member of the Planning Commission or Board of Supervisors. The landscape advisory committee would be authorized to retain the services of a consultant with expertise in landscape and development planning to assist and facilitate the creation of the new landscape ordinance. This same committee would continue service for design and review of landscape plans. The Land Use and Development Subcommittee has come to this recommendation through extensive discussions regarding our existing ordinance and through inquiry with planners, engineers, landscape contractors, developers, and site contractors that are familiar with the current Frederick County Ordinance. It is through these discussions that we have found that our current ordinance is difficult to understand, restrictive for the implementation of new creative ideas, and lacks flexibility for actual site construction and landscape implementation. The following are some comments from professionals that have experience with the current Frederick County Landscaping Ordinance. SUMMARY REVIEW A. Clearly distinguish between commercial, industrial and residential landscape requirements. B. Clearly identify the submittal, review and appeal process for landscape plans and buffer requirements. C. Clearly identify buffer requirements within the context of each zoning district (like setbacks). D. Consider buffers as distance between uses to help urban infill. E. Look carefully at the landscape requirements with plants and trees at mature levels. F. Keep tree save and tree preservation requirements out of the landscape section. G. Look carefully at the intent of the landscape requirements to help guide the Zoning Administrator. Critical is the view from the street or road for a commercial, mixed use or industrial use. H. Consider the unintended consequences of the landscape, tree save and buffer requirements. ● Are trees being removed prior to the development process? ● Are plants and trees being removed after the final CO? ● Are infill sites being left undeveloped due to buffers? There are a number of items that jump out after reviewing the Landscape Requirements of the Frederick County Zoning Ordinance. 1. Chapter II – Supplementary Use Regulation: Parking; Buffers; and Regulations for Specific Uses – 203 Buffers and Landscaping – Section 165-203.01 do not contain all of the landscaping requirements. Additional landscaping requirements are located in the parking requirements. Suggestion: Place all landscaping requirements in one section for ease of reverence. 2. It is unclear to the reader if the Landscape Regulations pertain to just residential or residential, commercial and industrial uses. The Landscape Regulations and Buffer requirements are a mix of standards for commercial, industrial and residential adding confusion to the provisions as to where the regulations apply. Although for residential these standards impact both commercial and industrial uses and should be clearly referenced. Suggestion: Clearly identify the landscape requirements for each major land use category by use (industrial, commercial or residential) 3. The Chapter heading suggests that there are parking regulations included in the Landscaping Regulations. Suggestion: Place all parking regulations and parking lot standards for landscaping in one location. 4. The Landscaping Regulations include landscape, buffer requirements and tree saving (tree preservation) standards. There is no provision for appeal or review of a plan by a committee that has expertise in one or another particular field. Suggestion – Tree Preservation: Tree saving (preservation) are generally under a tree commission or parks commission in more urban areas. Consider a qualified group or committee to oversee the tree preservation portion of the code. Consider removal of the tree preservation standards to its own section. Clearly identify if this section only applies to residential. It is not clear if this applies to non-residential uses at a first glance. Does the tree save standard encourage removal of trees prior to the development process to avoid preservation? The tree preservation section is labeled as landscaping. This is confusing. The standards do not allow for a trained forester to conduct the tree drip line analysis. Clearly outline the process for review, modification of the standards and appeals. Suggestion – Buffers and Screens: Distance buffers and screens were originally designed to be measured between actual uses and not within internal property lines. Waivers could be obtained if adjoining property owners agreed. As Frederick County changes to a more urban nature in-fill becomes more and more important. Consider modifying this section to allow reconsider distance between uses and waivers by adjoiners to promote infill. Distance buffers have become a form of setbacks impacting the way many properties can be used and developed. Consider adding a reference to the required buffers that they be placed in the setback standards. Distance buffers include landscaping. The landscaping requirements for the number of plants and spacing need to consider the distance between plants when mature. The current standard appears to crowd plantings – modify the spacing requirements to recognize the mature levels of the required plants and trees. Suggestions – Road Efficiency Buffers: Road efficiency buffers need to be clearly identified if they are intended for commercial, industrial or residential uses. 5. Parking Lot Landscape Requirements: Landscaping. Parking lots in the RP Residential Performance District, the R4 Residential Planned Community District, the R5 Residential Recreational Community District, the MH1 Mobile Home Community District, the B1 Neighborhood Business District, the B2 Business General District, the B3 Industrial Transition District, the OM Office-Manufacturing Park District, the M1 Light Industrial District, the M2 Industrial General District, the MS Medical Support District, and the HE (Higher Education) District shall be landscaped to reduce the visual impact of glare and headlights on adjoining properties and rights-of-way. Parking lots shall be adequately shaded to reduce reflected heat. In the RA (Rural Areas) District, parking lot landscaping shall not be required for parking lots with 10 or fewer spaces. Landscaping shall also be provided to reduce the visual expansiveness of parking lots. Landscaping shall be provided in such parking lots as follows: (a) Perimeter landscaping. The perimeter of all impervious areas shall be landscaped with shade trees and other landscaping. One tree shall be provided for every 2,000 square feet of impervious area for the first 100,000 square feet of the entire site. One tree shall be provided for every 5,000 square feet in excess of the first 100,000 square feet of the entire site. Self-service storage facilities shall provide one tree per 10,000 square feet of impervious area of the entire site, in addition to the trees required in § 165-204.18, Storage facilities, self-service. The perimeter landscaping trees shall be reasonably dispersed throughout the parking lot. A three-foot-high evergreen hedge, fence, berm, or wall shall be provided to prevent headlights from shining on public rights-of-way and adjoining properties. All perimeter landscaping shall comply with the requirements of § 165-203.01B, Plant selection, planting procedure, and maintenance. (b) Interior landscaping. A minimum of 5% of the interior portions of parking lots shall be landscaped for the purpose of providing shade trees. Such interior landscaping shall be provided on raised islands and in continuous raised strips extending the length of a parking bay. Within the parking lot, raised islands and landscaped areas should be uses to delineate traffic and pedestrian circulation patterns. No less than one shade tree shall be provided in the interior of the parking lot for each 10 parking spaces. The Zoning Administrator may waive the requirement for interior landscaping for parcels located outside of the Sewer and Water Service Area when curb and gutter is not proposed. The Zoning Administrator may approve alternative locations for interior landscaping for parking lots used for truck parking, as well as other parking lots, when it would improve the overall quality of the landscape plan. All interior landscaping shall comply with the requirements of § 165-203.01B, Plant selection, planting procedure, and maintenance. Pedestrian access. Sidewalks shall be provided as necessary within parking lots to protect pedestrians and promote the safe and efficient movement of pedestrians and vehicles. In large parking lots, pedestrian walkways and crosswalks shall be provided, marked by durable painted stripes and appropriate signs. The parking lot landscape requirements generally are for commercial and industrial uses but can apply to residential uses. Suggestion: Clearly identify the landscape requirements for commercial and industrial uses. Clearly identify the process and procedure for review and modification of landscape plans. If a plan is modified from the standard due to site conditions, the Zoning Administration has the final approval. If the designer and Zoning Administrator do not agree; what is the procedure for resolution? Look at the mature stage of plants and trees during the planning phase to eliminate crowding. Item #3: Master Development Plans - Business Friendly Recommendations In October of 2012 the Board of Supervisors formed the Frederick County Business Climate Assessment Committee (also called the Business Friendly Committee) to evaluate the current processes and procedures being utilized by the County. The purpose of the effort was to search for ways that the County could better meet the needs of new and existing businesses in the community. The Committee’s final report was adopted by the Board of Supervisors in July of 2013. One recommendation contained in the report was to eliminate the MDP requirement contained in the Zoning Ordinance. Staff has provided the sections in the Zoning Ordinance that pertain to MDP’s along with the applicable excerpts from the Committee’s report. Committee Recommendations: Review and Evaluation of the Master Development Plan Process The Land Use and Development Subcommittee recommended the elimination of the Master Development Plan process. They felt this process was already incorporated in other existing ordinances and results in a duplicative process. A re-evaluation of the current Master Development Plan process would be appropriate. This recommendation should be referred to the Planning Commission for initial evaluation by the Development Review and Regulations Committee and the entire Planning Commission. The DRRC discussed this recommendation at the October meeting. The DRRC disagreed that the MDP requirement should be eliminated. The Committee felt that this was an important process for both the applicant and the public. Staff has since included minor changes that would allow for a waiver of the MDP requirement if an applicant chooses to process a detail site plan in lieu of a MDP. Staff would like to discuss with the DRRC the current Ordinance requirements and the recommendations from the Business Friendly Committee to look at potential revisions. Attachments: 1. Zoning Ordinance - MDP Requirements with potential changes. 2. Business Friendly Initiatives. 1 ARTICLE VIII DEVELOPMENT PLANS AND APPROVALS Part 801 – Master Development Plans § 165-801.01 Intent. The purpose of the master development plan (MDP) is to promote orderly and planned subdivision and development of property within Frederick County. It is the purpose of the MDP to ensure that such development occurs in a manner that suits the characteristics of the land, is harmonious with adjoining property and is in the best interest of the general public. The MDP shall be used to illustrate the characteristics of the property proposed for subdivision and/or development and of surrounding properties and ensure that the requirements of the County Code have been satisfied. § 165-801.02 When required. A. A preliminary Master Development Plan (MDP) shall be submitted to the Director of Planning and Development, and shall be presented to the Planning Commission and the Board of Supervisors as an informational item. Ultimately, the MDP must receive administrative approval from the Director of Planning and Development and the County Administrator prior to any subdivision or development of property in any of the following zoning districts: RP Residential Performance District R4 Residential Planned Community District R5 Residential Recreational Community District MH1 Mobile Home Community District HE High Education District MS Medical Support District B1 Neighborhood Business District B2 Business General District B3 Industrial Transition District OM Office-Manufacturing Park District M1 Industrial Light District M2 Industrial General District EM Extractive Manufacturing District 2 B. The MDP shall include the subject property proposed for subdivision or development as well as all contiguous land under single or common ownership in the above zoning districts. C. A MDP may be submitted with an application for a rezoning but shall not be considered binding until approval of a final MDP. § 165-801.03 Waivers. A. RP, R4, R5, and MH1 Districts. The Director of Planning and Development may waive the requirements of a MDP in the RP (Residential Performance District), the R4 (Residential Planned Community District), the R5 (Residential Recreational Community District), and the MH-1 (Mobile Home Community District), if the proposed property for subdivision or development: (1) Contains 10 or less single-family detached rural traditional, single-family detached traditional or single-family detached urban dwelling units (all other permitted housing types shall require a MDP); (2) Is not an integral portion of a property proposed or planned for future development or subdivision; (3) Is planned to be developed in a manner that is harmonious with surrounding properties and land uses; and (4) Does not substantially affect the purpose and intent of its zoning district and the intent of this article. (5) A MDP may also be waived if the applicant chooses to process a site plan in lieu of a MDP. The site plan must contain all information generally required on a MDP and a site plan. Once the site plan is in an administratively approvable form the plan will be presented to the Planning Commission and the Board of Supervisors per § 165-801.06. B. M1, EM and M2 Districts. The Director of Planning and Development may waive the requirement of a MDP in the M1 (Light Industrial), the EM (Extractive Manufacturing), or the M2 (Industrial General) Zoning Districts if the proposed subdivision or development: (1) Includes no new streets, roads or rights-of-way, does not further extend any existing or dedicated street, road or rights-of-way and does not significantly change the layout of any existing or dedicated street, road or rights-of-way; (2) Does not propose any stormwater management system designed to serve more than one lot and does not necessitate significant changes to existing stormwater management systems designed to serve more than one lot; (3) Is not an integral portion of a property proposed or planned for future development or subdivision; (4) Is planned to be developed in a manner that is harmonious with surrounding properties and land uses; and 3 (5) That such development does not substantially affect the purpose and intent of this chapter. (6) A MDP may also be waived if the applicant chooses to process a site plan in lieu of a MDP. The site plan must contain all information generally required on a MDP and a site plan. Once the site plan is in an administratively approvable form the plan will be presented to the Planning Commission and the Board of Supervisors per § 165-801.06. C. B1, B2, B3, MS and HE Districts. The Director of Planning and Development may waive the requirement of a master development plan in the B1 (Neighborhood Business), B2 (Business General), B3 (Industrial Transition), MS (Medical Support) or HE (Higher Education) Zoning Districts if the proposed subdivision or development: (1) Contains less than five acres in the B1 District and less than 10 acres in the B2, B3, MS or HE District; (2) Includes no new streets, roads or rights-of-way, does not further extend any existing or dedicated street and does not significantly change the layout of any existing or dedicated street; (3) Does not propose any stormwater management system designed to serve more than one lot and does not necessitate significant changes to existing stormwater management systems designed to serve more than one lot; (4) Is not an integral portion of a property proposed or planned for future development or subdivision; (5) Is planned to be developed in a manner that is harmonious with surrounding properties and land uses; and (6) That such development does not substantially affect the purpose and intent of this chapter. (6) A MDP may also be waived if the applicant chooses to process a site plan in lieu of a MDP. The site plan must contain all information generally required on a MDP and a site plan. Once the site plan is in an administratively approvable form the plan will be presented to the Planning Commission and the Board of Supervisors per § 165-801.06. § 165-801.04 Preapplication conference. Prior to submission of a master development plan for review, the Department of Planning and Development staff may require, or an applicant may request a preapplication conference. The purpose of the preapplication conference is to review and discuss the nature of the proposal in relation to the requirements of the County Code and to discuss the preparation of a master development plan. A. If required, at the preapplication conference the applicant shall provide a land use plan describing the following: (1) The general location of the site. 4 (2) The general location of proposed roads. (3) The general location and types of proposed uses, environmental features on the site, housing types or open space. (4) The uses on adjoining properties. § 165-801.5 Contents of master development plans. A. The following items shall be required for MDP’s in all Zoning Districts. All required items shall be shown clearly on the plan. All MDP's shall be prepared in accordance with the following specifications: (1) The scale shall be one inch equals 100 feet or larger (the ratio of feet to inches shall be no more than one hundred feet to one inch) or at a scale acceptable to the Director. The scale shall be sufficient so that all features are discernible. (2) No sheet shall exceed 42 inches in size unless approved by the Director of Planning and Development. If the MDP is prepared on more than one sheet, match lines shall clearly indicate where the sheets join. (3) All MDP's shall include a North arrow, a scale and a legend describing all symbols. (4) A boundary survey of the entire property related to true meridian and certified by a certified Virginia surveyor, architect or engineer, with all dimensions in feet and decimals of feet, is required for all MDP'S. (5) The total area of the property shall be specified on the MDP. (6) The topography shall be shown at contour intervals acceptable to the Director. (7) The title of the proposed project; the date, month, year the plan was prepared or revised; the name of the applicant(s), owner(s) and contract owner(s); and the names of the individuals or firms preparing the plan shall be clearly specified. (8) A schedule of phases, with the approximate location of phase boundaries and the order in which the phases are to be developed, shall be provided. (9) The use of all adjoining properties shall be clearly designated on the MDP. (10) All existing, approved or planned public roads, streets or rights-of-way on the project or within 2,000 feet of the boundaries of the project. (11) Any approved proffers associated with property. (12) The location and treatment proposed for all historical structures and sites recognized as significant by the Frederick County Board of Supervisors or as identified on the Virginia Historical Landmarks Commission Survey for Frederick County. 5 (13) A history of all land divisions that have occurred in relation to the tract since the adoption of this requirement. (14) The approximate location of sewer and water mains with statements concerning the connection with and availability of existing facilities. (15) The ownership and use of all adjoining parcels, including parcels across road right of ways. (16) Description of any changes made since approval of any prior MDP’s. (17) An approval block and signature lines for the Director of Planning and Development. B. Contents of a master development plan in the RP (Residential Performance) District, the R4 (Residential Planned Community) District, the R5 (Residential Recreational Community) District and the MH-1 (Mobile Home Community) District. The MDP shall contain a conceptual plan, showing the location and functional relationship between all proposed housing types and land uses, including the following information: (1) A land use plan, showing the location, arrangement and approximate boundaries of all proposed land uses. (2) The approximate acreage in common open space, in each use and housing type and in roads, streets or rights-of-way for each phase and the total development. (3) The location and approximate boundaries of proposed housing types conceptually shown in accord with residential performance dimensional requirements. (4) The proposed number of dwelling units of each type in each phase and in the total development. (5) The location and approximate boundaries of existing environmental features, including floodplains, lakes and ponds, wetlands, natural stormwater retention areas, steep slopes and woodlands. (6) The location of environmental protection land to be included in common open space. (7) The approximate acreage of each type of environmental protection land, the amount and percentage of each type that is to be disturbed and the amount and percentage of each type to be placed in common open space. (8) The amount, approximate boundaries and location of common open space, with the percentage of the total acreage of the site to be placed in common open space. (9) The location and general configuration of recreational facilities, with a general statement of the types of recreational facilities to be provided. (10) The location and extent of proposed buffers, with statements, profiles, cross sections or examples clearly specifying the screening to be provided. 6 (11) The proposed location, arrangement, and right-of-way widths of roads and streets, including roads and streets providing access to adjoining parcels, shall be in accordance with § 165-202.04. (12) The location and arrangement of street entrances, driveways and parking areas. (13) A conceptual plan for stormwater management with the location of stormwater facilities designed to serve more than one lot. (14) Calculations describing all proposed bonus factors with the location of and specifications for bonus improvements, when proposed. C. Contents of a master development plan in the M1 (Light Industrial) District, the M2 (Industrial General) District, the EM (Extractive Manufacturing) District, the HE (Higher Education) District, the B1 (Neighborhood Business) District, the B2 (Business General) District, the B3 (Industrial Transition) District, the OM (Office-Manufacturing Park) District and the MS (Medical Support) District. The MDP shall contain a conceptual plan, showing the location and functional relationship between streets and land uses, including the following: (1) A conceptual plan, showing the location and arrangement of proposed uses. (2) The location and approximate boundaries of existing environmental features, including floodplains, lakes and ponds, wetlands, natural stormwater detention areas, steep slopes and woodlands, as defined, and the approximate acreage of each type of environmental feature, including the amount and percentage of each type that is to be disturbed and the amount and percentage of each type to be placed in open or landscaped areas. (3) The proposed location and arrangement of all proposed and existing utility systems. (4) The location and arrangement of existing and proposed public or private roads, existing or proposed entrances, and driveways from existing and proposed public or private streets. (5) A conceptual plan for stormwater management and description and the location of all stormwater facilities designed to serve more than one parcel. (6) The location and extent of proposed buffers required by this Chapter, with statements, profiles, cross sections or examples clearly specifying the screening to be provided. § 165-801.06 Master development plan submission. Applicants shall submit the number of copies of the preliminary MDP to the Department of Planning and Development specified by the Department of Planning and Development MDP application, together with completed application materials required by the Department of Planning and Development. A. Applicants shall provide approval comments on the proposed development from various review agencies or departments as required by the Department of Planning and Development. The submission shall be complete and the application shall commence through the public meeting 7 process when the plans, application materials and review agency approval comments have been received by the Director of Planning and Development. B. A Traffic Impact Analysis (TIA) shall be prepared and submitted to the Department of Planning and Development with all MDP applications in accordance with the adopted Traffic Impact Analysis Standards. C. When the submission is complete, the Director of Planning and Development shall submit the plans, application materials and review agency approval comments to the Planning Commission as an informational item. D. Following the informational presentation of the MDP to the Planning Commission, copies of the plan, application materials and agency comments shall be submitted to the Board of Supervisors as an informational item. E. The preliminary MDP submitted to the Board of Supervisors for review shall not be substantially changed from plans reviewed by the Planning Commission. Changes may be made that were discussed by the Planning Commission. Other substantial changes to the plan shall require that the Planning Commission review the plan as a new MDP. F. Site plans or final subdivision plats may be submitted concurrently with preliminary master development plans for review according to the procedures set forth in this chapter and Chapter 144, Subdivision of Land, of the County Code. Master Development Plan Approval Process Preapplication Conference with Staff if required or requested Applicant submits completed MDP application to Staff, including all agency approval comments. MDP is presented to the Planning Commission as an information item. All comments are forwarded to the Board of Supervisors. MDP is presented to the Board of Supervisors as an informational item. Final MDP approval by Staff. Final subdivision or site plan can be submitted for review. 8 § 165-801.07 Final master development plan. A. The final MDP shall conform to all requirements of the County Code. B Applicants shall submit a minimum of five copies of the final MDP to the Department of Planning and Development. Final approval of the final MDP shall be given by the Director of Planning and Development and the County Administrator. C. The Director shall approve the final MDP if all requirements of the County Code and all review agencies have been met, and if a preliminary MDP was presented to the Planning Commission and Board of Supervisors D. A MDP shall not be considered final until it is signed by the Director of Planning and Development and the County Administrator. § 165-801.08 Changes to approved Master Development Plans. Changes to an approved MDP shall occur only after review by the Planning Commission and the Board of Supervisors using the procedures required for the approval of a new plan. The Director of Planning and Development may approve minor changes without following the full procedures, if such approval does not violate the intent of this chapter and section. Such minor changes shall not include increases in the density or intensity of development, changes to entrance or street layout, changes to stormwater layout or other major design changes. § 165-801.9 Master development plan review fees. The Board of Supervisors may adopt a schedule of fees to be paid by the applicant to the County for the costs associated with the review of the MDP. Item #4: Height Exemptions Back in September of 2013 the DRRC discussed EM and M1/M2 Height increases and forwarded recommendations to the Board of Supervisors. Ultimately the Board approved height waivers in these districts, but directed the DRRC to review the existing height exceptions for possible eliminations. The Board of Supervisors felt that some of the existing exceptions should be removed and the items be brought forward as waivers. Staff would like to discuss with the DRRC the current Ordinance requirements and potential elimination or revisions to the height exemptions. Attachment: 1. Existing Height Exemptions 165-201.03 Height limitations; exceptions. A. No structure shall exceed the height limitations described in this chapter. B. Exceptions to height requirements. (1) The maximum height requirements shall not apply to the following: (a) Barns and silos. (b) Belfries. (c) Bulkheads. (d) Chimneys. (e) Church spires and towers. (f) Flagpoles. (g) (Reserved) (h) Domes and skylights. (i) Masts and aerials. (j) Radio and television transmission towers and commercial telecommunication facilities. (k) Smokestacks and cooling towers. (l) Utility poles and towers. (m) Water tanks. (n) Windmills. (2) Parapet walls may be up to four feet above the height of the building on which the walls rest. (3) Solar collectors, air conditioners and other mechanical equipment may exceed the height limitations if they are screened from the public view of surrounding properties and rights-of-way. (4) Automated storage facilities in the OM, M1 and M2 Zoning Districts and automated manufacturing facilities in the M1 and M2 Zoning Districts shall be exempt from the maximum height requirement. Such exemptions shall be approved by the Frederick County Fire Marshal. In no case shall the height of these facilities exceed 100 feet in height unless waived by the Board of Supervisors in accordance with § 165-601.02. (5) All of the above exceptions shall be allowed only if they accomplish the purpose for which they are intended, if they are not intended for human occupancy and if they do not infringe on the solar access of surrounding properties. (6) General office buildings in the B2 and B3 Zoning Districts and hotel and motel buildings in the B2 Zoning District shall be exempt from the maximum height requirement of those zoning districts. In no case shall the height of such buildings exceed 60 feet. When such exemptions are proposed adjacent to existing residential uses, the Board of Supervisors shall review the site development plan pursuant to the provisions of § 165-203.02A(3). (7) Buildings used for schools without residential components may exceed the maximum height of the underlying zoning district. The only portions of buildings used for schools without residential components that may exceed the height in the underlying zoning district are those which are accessory and inconsequential to the primary function of the building. In no case shall any portion of the building exceed 75 feet in height. (8) If any of the above exceptions exceed the height limitation of the proposed zoning district, the structure shall be required to be set back the normal setback or required buffer distance plus one foot for every foot over the maximum allowed height of that zoning district. (9) In the B3 (Industrial Transition) Zoning District, uses may exceed the height limitation so long as all front, side and rear setbacks conform to the setback requirements for the M1 (Light Industrial) Zoning District. In no case shall any structure in the B3 Zoning District exceed 45 feet in height. Item #5 Floodplain District Revisions Staff has prepared revisions to Part 702 of the Frederick County Zoning Ordinance, Floodplain Districts. This is the portion of the zoning ordinance that lays out the various floodplain districts and the uses and disturbance permitted within the various districts. The current floodplain ordinance was revised in 2009 as directed by the Department of Conservation and Recreation’s (DCR). DCR has since modified the floodplain ordinance and therefore revisions are necessary to Frederick County’s floodplain overlay district to meet the minimum regulatory standards required in a fully compliant floodplain ordinance. The primary revisions to the Floodplain Districts are as follows: • New text regarding designation and duty’s of the Floodplain Administrator. • New Sections for Jurisdictional Boundary Changes and Submitting Technical Data. • Relocation and revisions to the “Description of Special Flood Hazard Districts” sections • Revised “Factors to be considered in granting variances” • Revised “Elevation and Construction Standards”. • New and revised definitions Staff is requesting a recommendation from the DRRC on this proposed ordinance amendment. This recommendation will be forwarded to the Planning Commission and Board of Supervisors. Attachments: 1. Revised ordinance with additions shown in bold italics and deletions are shown with a strikethrough. DRAFT CHANGES TO THE FP FLOODPLAIN DISTRICT 1 ARTICLE VII OVERLAY DISTRICTS Part 702 - FP Floodplain Districts § 165-702.01. Purpose. Statutory Authorization and Purpose. This ordinance is adopted pursuant to the authority granted to localities by Va. Code §15.2-2280. The purpose of these provisions are to prevent the loss of life and property, the creation of health and safety hazards, the disruption of commerce and governmental services, the extraordinary and unnecessary expenditure of public funds for flood protection and relief, and the impairment of the tax base by: A.Regulating uses, activities, and development which, alone or in combination with other existing or future uses, activities, and development, will cause unacceptable increases in flood heights, velocities, and frequencies; B.Restricting or prohibiting certain uses, activities, and development from locating within districts subject to flooding; C.Requiring all those uses, activities, and developments that do occur in flood-prone districts to be protected and/or flood-proofed against flooding and flood damage; and, D.Protecting individuals from buying land and structures which are unsuited for intended purposes because of flood hazards. § 165-702.02. Applicability. These provisions shall apply to all lands within the jurisdiction of Frederick County and identified as being in the 100-year floodplain by the Federal Insurance Administration. Privately and publicly owned lands within the jurisdiction of Frederick County and identified as areas of special flood hazard according to the flood insurance rate map (FIRM) that is provided to Frederick County by FEMA. § 165-702.03. 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 chapter and any other applicable regulations which apply to uses within the jurisdiction of this chapter. B.The degree of flood protection sought by the provisions of this chapter is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study. Larger floods may occur on rare occasions. Flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This chapter does not imply that districts outside the floodplain district, or that land uses permitted within such district, will be Click in the box to return to Item #5 Floodplain District Revisions Header Page DRAFT CHANGES TO THE FP FLOODPLAIN DISTRICT 2 free from flooding or flood damages. C.Records of actions associated with administering this chapter shall be kept on file and maintained by the Frederick County Zoning Administrator. D.This chapter shall not create liability on the part of Frederick County or any officer or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made there under. § 165-702.04. Abrogation and Greater Restrictions. This chapter supersedes any ordinance currently in effect in flood-prone districts. However, any underlying ordinance shall remain in full force and effect to the extent that its provisions are more restrictive than this chapter. § 165-702.05. Severability. If any section, subsection, paragraph, sentence, clause, or phrase of this chapter shall be declared invalid for any reason whatever, such decision shall not affect the remaining portions of this chapter. The remaining portions shall remain in full force and effect; and for this purpose, the provisions of this chapter are hereby declared to be severable. § 165-702.06. Administration. A. Designation of the Floodplain Administrator. The Zoning Administrator is hereby appointed to administer and implement these regulations and is referred to herein as the Floodplain Administrator. The Floodplain Administrator may: (1) Do the work themselves. In the absence of a designated Floodplain Administrator, the duties are conducted by the Frederick County Planning Director. (2) Delegate duties and responsibilities set forth in these regulations to qualified technical personnel, plan examiners, inspectors, and other employees. (3) 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. B. Duties and Responsibilities of the Floodplain Administrator. The duties and responsibilities of the Floodplain Administrator shall include but are not limited to: (1) Review applications for permits to determine whether proposed activities will be located in the Special Flood Hazard Area (SFHA). DRAFT CHANGES TO THE FP FLOODPLAIN DISTRICT 3 (2) Interpret floodplain boundaries and provide available base flood elevation and flood hazard information. (3) 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. (4) 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. (5) 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. (6) 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). (7) 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. (8) 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. (9) Review Elevation Certificates and require incomplete or deficient certificates to be corrected. (10) 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 Frederick County, within six months after such data and information becomes available if the analyses indicate changes in base flood elevations. (11) Maintain and permanently keep records that are necessary for the administration of these regulations, including: (a) Flood Insurance Studies, Flood Insurance Rate Maps (including historic studies and maps and current effective studies and maps) and Letters of Map Change; and DRAFT CHANGES TO THE FP FLOODPLAIN DISTRICT 4 (b) 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, other required design certifications, variances, and records of enforcement actions taken to correct violations of these regulations. (12) Enforce the provisions of these regulations, investigate violations, issue notices of violations or stop work orders, and require permit holders to take corrective action. (13) 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. (14) Administer the requirements related to proposed work on existing buildings: (a) 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. (b) Make reasonable efforts to notify owners of substantially damaged structures of the need to obtain a permit to repair, rehabilitate, or reconstruct, and 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. (15) 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. (16) Notify the Federal Emergency Management Agency when the boundaries of Frederick County have been modified and: (a) 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 (b) 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. (17) 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, DRAFT CHANGES TO THE FP FLOODPLAIN DISTRICT 5 number of permits issued for development in the SFHA, and number of variances issued for development in the SFHA. (18) 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). C. Use and Interpretation of FIRMs. 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: (1) Where field surveyed topography indicates that adjacent ground elevations: (a) Are below the base flood elevation, 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; (b) Are above the base flood elevation, 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. (2) 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. (3) 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. (4) 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. (5) If a Preliminary Flood Insurance Rate Map and/or a Preliminary Flood Insurance Study has been provided by FEMA: (a) 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. (b) 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 § 165-702.04 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 DRAFT CHANGES TO THE FP FLOODPLAIN DISTRICT 6 in existing flood hazard data provided by FEMA. Such preliminary data may be subject to change and/or appeal to FEMA. § 165-702.07. Jurisdictional Boundary Changes. 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 Emergency Management Agency and optionally the State Coordinating Office Virginia Department of Conservation and Recreation - Division of Dam Safety and Floodplain Management 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. § 165-702.08. Submitting Technical Data. 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. Such a submission is necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and flood plain management requirements will be based upon current data. § 165-702.0609. Description of Special Flood Hazard Districts. A. Basis of districts. The various flood hazard floodplain districts shall include areas subject to inundation by waters of the one-hundred-year flood the SFHAs. The basis for the delineation of these districts shall be the Flood insurance Study and the Flood Insurance Rate Maps (FIRM) for Frederick County prepared by the Federal Emergency Management Agency, Federal Insurance Administration Emergency Management Agency, dated September 2, 2009, as amended. The boundaries of the SFHA Districts are established as shown on the FIRM which is declared to be a part of this article and which shall be kept on file at the Frederick County Department of Planning and Development. (1) The Floodway District is in an AE Zone delineated for purposes of this article using the criteria that certain areas within the floodplain must be capable of carrying the waters of the one percent annual chance flood one-hundred (100)-year 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 2 of the above- referenced Flood Insurance Study and shown on the accompanying Flood Boundary and Floodway Map or Flood Insurance Rate Maps. DRAFT CHANGES TO THE FP FLOODPLAIN DISTRICT 7 (2) The Special Floodplain District shall be those areas identified as an AE Zone on the maps accompanying the Flood Insurance Study for which one hundred (100)-year flood elevations have been provided. The basis for the outermost boundary of this district shall be the one-hundred-year flood elevations contained in the flood profiles of the above-referenced Flood Insurance Study and shown on the accompanying Flood Insurance Rate Maps. (3) The Approximated Floodplain District shall be those areas identified as an A Zone on the maps accompanying the Flood Insurance Studies. In these zones, no detailed flood profiles or elevations are provided, but the one hundred (100)-year floodplain boundary has been approximated. (i)The following provisions shall apply within the Floodway District of an AE zone: 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 Frederick County’s endorsement – for a Conditional Letter of Map Revision (CLOMR), and receives the approval of the Federal Emergency Management Agency. If §165-702.06A(1) is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of § 165-702.13 through 165- 702.17. 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: DRAFT CHANGES TO THE FP FLOODPLAIN DISTRICT 8 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 A1-30 and 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 Frederick County. Development activities in Zones A1-30 and AE or AH, on the Frederick County 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 Frederick County’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: The Approximated Floodplain District shall be that floodplain area for which no detailed flood profiles or elevations are provided, but where a one hundred (100)- year 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 non-detailed technical concepts, 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 no lower than one (1) foot above the base flood elevation. During the permitting process, the Floodplain Administrator shall obtain: 1)The elevation of the lowest floor (including the basement) of all new and substantially improved structures; and, DRAFT CHANGES TO THE FP FLOODPLAIN DISTRICT 9 2)if the structure has been flood-proofed in accordance with the requirements of this article, the elevation (in relation to mean sea level) to which the structure has been flood-proofed. 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 fifty 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: 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 flood- proofed to the specified flood level so that any space below that level is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. c.Adequate drainage paths around structures on slopes shall be provided to guide floodwaters around and away from proposed structures. B. Overlay concept. (1) The Floodplain Districts described above shall be overlays to the existing underlying districts as shown on the Official Zoning Ordinance Maps, and as such, the provisions for the floodplain districts shall serve as a supplement to the underlying district provisions. (2) Where there happens to be any conflict between the provisions or requirements of any of the Floodplain Districts and those of any underlying district, those pertaining to the floodplain districts shall apply. DRAFT CHANGES TO THE FP FLOODPLAIN DISTRICT 10 (3) In the event that any provision concerning a floodplain district is declared inapplicable as a result of any legislative or administrative actions or judicial discretion, the basic underlying district provisions shall remain applicable. § 165-702.07 10. Flood Insurance Rate Map. The boundaries of the Special Flood Hazard Area and Floodplain Districts are established as shown on the Flood Insurance Rate Map, which are by reference made a part of this chapter and which shall be kept on file at the Frederick County offices. § 165-702.08 11. District boundary changes. The delineation of any of the floodplain districts may be revised by Frederick County where natural or man-made changes have occurred and/or more detailed studies conducted or undertaken by the United States Army Corps of Engineers or other qualified agency or individual documenting the necessity for such change. However, prior to any such change, approval must be obtained from the Federal Insurance Administration Emergency Management Agency. § 165-702.09 12. Interpretation of District Boundaries. Initial interpretations of the boundaries of the Floodplain Districts shall be made by the Zoning Administrator. 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. § 165-702.10 13. Permit and Application Requirements. A.Permit Requirement. All development and/or construction activities occurring within any floodplain district shall be undertaken only upon the issuance of a permit. Such development and/or construction activities shall be undertaken only in strict compliance with the provisions of this chapter and with all other applicable codes and regulations, as amended, such as the Virginia Uniform Statewide Building Code (VA USBC), the Frederick County Zoning and Subdivision Ordinances and the Erosion and Sediment Control Ordinance. Prior to the issuance of any such permit, the Zoning Administrator shall require all applications to include compliance with all applicable state and federal laws. Under no circumstances shall any use, activity, development and/or construction activities adversely affect the capacity of the channels or floodways of any watercourse, drainage ditch, or any other drainage facility or system. 1.In circumstances where a permit is not required, all development and/or construction activities occurring within any floodplain district shall be undertaken only upon approval by the Zoning Administrator. B.Alteration or Relocation of a Watercourse. Prior to any proposed alteration or relocation of any channel or of any watercourse within this jurisdiction, a permit shall be obtained from the U. S. DRAFT CHANGES TO THE FP FLOODPLAIN DISTRICT 11 Army Corps of Engineers, the Virginia Department of Environmental Quality, and the Virginia Marine Resources Commission (a joint permit application is available from any one of these organizations). Further notification of the proposal shall be given to all adjacent jurisdictions, the Division of Dam Safety and Floodplain Management (Department of Conservation and Recreation), and the Federal Insurance Administration. C.B. Site Plans and Permit Applications. All applications for development within any floodplain district and all building permits issued for the floodplain shall incorporate the following information: 1.The elevation of the Base Flood at the site. 2.The elevation of the lowest floor (including basement). 3.For structures to be flood-proofed (non-residential only), the elevation to which the structure will be flood-proofed. 4.The elevation of the one-hundred-year flood. 5.Topographic information showing existing and proposed ground elevations. § 165-702.11 14. General Standards for all Special Flood Hazard Areas. In all special flood hazard areas The following provisions shall apply to all permits: A.New construction and substantial improvements shall be according to 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 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. DRAFT CHANGES TO THE FP FLOODPLAIN DISTRICT 12 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.Any alteration, repair, reconstruction or improvements to a building that is in compliance with the provisions of this chapter shall meet the requirements of “new construction” as contained in this chapter. J.I. Any alteration, repair, reconstruction or improvements to a building that is not in compliance with the provisions of this chapter, shall be undertaken only if said non-conformity is not furthered, extended, or replaced subject to the substantial improvement provision in 165- 702.19C. K.J. 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. Furthermore, 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) and the Federal Insurance Administration Emergency Management Agency. L.The flood carrying capacity within an altered or relocated portion of any watercourse shall be maintained. § 165-702.12 15.Specific Elevation and Construction Standards. In all special flood hazard areas where base flood elevations have been provided in the Flood Insurance Study or generated by a certified professional according to §165-702.13A 06, the following provisions shall apply: A.Residential Construction New construction or substantial improvement of any residential structure (including manufactured homes) shall have the lowest floor, including basement, elevated no lower than one (1) foot above the base flood elevation. 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 no lower than one (1) foot above the base flood elevation. Buildings located in all A, and AE zones DRAFT CHANGES TO THE FP FLOODPLAIN DISTRICT 13 may be flood-proofed in lieu of being elevated provided that all areas of the building components below the elevation corresponding to the BFE plus one foot 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. C.Elevated Buildings Space Below the Lowest Floor Enclosed areas, of new construction or substantially improved structures, which are below the regulatory flood protection elevation shall: In zones A, AE, AH, AO, and A1-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 only be used 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, in Zones A, AO, and AE, 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 DRAFT CHANGES TO THE FP FLOODPLAIN DISTRICT 14 openings as outlined above. D.Standards for Manufactured Homes and Recreational Vehicles 1.All manufactured homes placed, or substantially improved, on individual lots or parcels, in expansions to existing manufactured home parks or subdivisions, in a new manufactured home park or subdivision or in an existing manufactured home park or subdivision on which a manufactured home has incurred substantial damage as the result of a flood, must meet all the requirements for new construction, including the elevation and anchoring requirements in § 165-702.11A through B, and § 165-702.12A. 2.All manufactured homes placed or substantially improved in an existing manufactured home park or subdivision in which a manufactured home has not incurred substantial damage as the result of a flood shall elevated so that either a.The lowest floor of the manufactured home is elevated no lower than one (1) foot above the base flood elevation; or b.The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade c.And be securely anchored to the adequately anchored foundation system to resist flotation, collapse and lateral movement. 3.All recreational vehicles placed on sites must either: a.be on the site for fewer than 180 consecutive days; b.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, c.Meet all the requirements for manufactured homes in § 165-702.12D. § 165-702.13. Standards for the Floodway District. The following provisions shall apply within the Floodway District: A.Encroachments, including fill, new construction, substantial improvements or other development, shall be prohibited unless certification (with supporting technical data) by a registered professional engineer is provided demonstrating that encroachments shall not result in any increase in flood levels during occurrence of the base flood. 1.Development activities which increase the water surface elevation of the base flood may be allowed, provided that the developer first applies, with the Frederick County’s endorsement, for a conditional Flood Insurance Rate Map and floodway revision, and receives the approval DRAFT CHANGES TO THE FP FLOODPLAIN DISTRICT 15 of the Federal Emergency Management Agency. The following uses shall also be permitted in the Floodway District: i.Agricultural uses, such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming and wild crop harvesting. ii.Public and private recreational uses and activities, such as parks, day camps, picnic grounds, golf courses, boat launching and swimming areas, hiking and horseback riding trails, wildlife and natural preserves, game farms, fish hatcheries, trap and skeet game ranges and hunting and fishing areas. iii.Accessory residential uses, such as yard areas, gardens, play areas and pervious loading areas. B.If Section §165-702.15A is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this chapter. C.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. D.In the Floodway District, a conditional use permit shall be required for accessory industrial and commercial uses, such as yard areas, pervious parking and loading areas, airport landing strips and other similar uses and activities, provided that they cause no increase in flood heights and/or velocities. All uses, activities and structural developments shall be undertaken in strict compliance with the floodproofing provisions contained in all other applicable codes and regulations. § 165-702.14. Standards for the Special Floodplain District. The following provisions shall apply within the Special Floodplain District: 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 A and AE on the Flood Insurance Rate Map, 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 Frederick County. Development activities in Zones A and AE, on the Frederick County Flood Insurance Rate Map which increase the water surface elevation of the base flood by more than one foot may be allowed, provided that the developer or applicant first applies, with Frederick County’s endorsement, for a conditional Flood Insurance Rate Map revision, and receives the approval of the Federal Emergency Management Agency. § 165-702.15. Standards for Approximated Floodplain District. The following provisions shall apply with the Approximate Floodplain District: DRAFT CHANGES TO THE FP FLOODPLAIN DISTRICT 16 A.The Approximated Floodplain District shall be that floodplain area for which no detailed flood profiles or elevations are provided, but where a one hundred (100)-year floodplain boundary has been approximated. Such areas are shown as Zone A on the maps accompanying the Flood Insurance Study. For these areas, the one hundred (100)-year flood elevations and floodway information from federal, state, and other acceptable sources shall be used, when available. Where the specific one hundred (100)-year flood elevation cannot be determined for this area using other sources of data, such as the U. S. Army Corps of Engineers Floodplain Information Reports, U. S. Geological Survey Flood-Prone Quadrangles, etc., then the applicant for the proposed use, development and/or activity shall determine this elevation in accordance with hydrologic and hydraulic engineering techniques. Hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently-accepted technical concepts. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough review by the Frederick County Engineer. B.When such base flood elevation data is utilized, the lowest floor shall be one (1) foot above the base flood elevation. During the permitting process, the developer or applicant shall obtain: 3)The elevation of the lowest floor (including the basement) of all new and substantially improved structures; and, 4)If the structure has been flood-proofed in accordance with the requirements of this article, the elevation to which the structure has been flood-proofed. § 165-702.16 . 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. D.In A Zones, 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 fifty lots or five acres, whichever is the lesser. § 165-702.17. Design criteria for utilities and facilities. A. New sanitary sewer facilities and private package sewage treatment plants (including all pumping stations and collector systems) are prohibited in the Special Flood Hazard Areas and Floodplain Districts. DRAFT CHANGES TO THE FP FLOODPLAIN DISTRICT 17 B. Replacement sanitary sewer facilities and private package sewer treatment plants (including all pumping stations and collector systems) shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into the floodwaters. In addition, they should be located and constructed to minimize or eliminate flood damage and impairment. C. All new or replacement water facilities shall be designed to minimize or eliminate infiltration of floodwaters into the systems and be located and constructed to minimize or eliminate flood damages. D. All storm drainage facilities shall be designed to convey the flow of surface waters without damage to persons or property. The systems shall ensure drainage away from building and on- site waste disposal sites. The Board of Supervisors may require a primarily underground system to accommodate frequent floods and a secondary surface system to accommodate larger, less frequent floods. Drainage plans shall be consistent with local and regional drainage plans. The facilities shall be designed to prevent the discharge of excess runoff onto adjacent properties. E. All utilities, such as gaslines, electrical and telephone systems, being placed in flood-prone areas should be elevated (where possible) and constructed to minimize the change of impairment during a flooding occurrence. § 165-702.18. Factors to be considered in granting variances. A. 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. B. 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. C. 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. DRAFT CHANGES TO THE FP FLOODPLAIN DISTRICT 18 D. In passing upon applications for variances, the Board of Zoning Appeals shall satisfy all relevant factors and procedures specified in other sections of this chapter and consider the following additional factors: (1) The danger to life and property due to increased flood heights or velocities caused by encroachments. No variance shall be granted for any proposed use, development or activity within any Floodway District that will cause any increase in the one-hundred- year flood elevation. (2) The danger that materials may be swept on to other lands or downstream to the injury of others. (3) The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary conditions. (4) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners. (5) The importance of the services provided by the proposed facility to the community. (6) The requirements of the facility for a waterfront location. (7) The availability of alternative locations not subject to flooding for the proposed use. (8) The compatibility of the proposed use with existing development and development anticipated in the foreseeable future. (9) The relationship of the proposed use to the Comprehensive Plan and floodplain management program for the area. (10) The safety of access by ordinary and emergency vehicles to the property in time of flood. (11) The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters expected at the site. (12) The repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure’s continued designation as an historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure. (13) Such other factors which are relevant to the purposes of this article. E. The Board of Zoning Appeals may refer any application and accompanying documentation pertaining to any request for a variance to the County Engineer 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. F. Variances shall be issued only after the Board of Zoning Appeals has determined that the granting of such will not result in unacceptable or prohibited increases in flood heights, additional threats to public safety or extraordinary public expense; and will not create nuisances, cause fraud or victimization of the public or conflict with local laws or ordinances. G. Variances shall be issued only after the Board of Zoning Appeals has determined that the variance will be the minimum required to provide relief. H. 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-hundred-year flood elevation DRAFT CHANGES TO THE FP FLOODPLAIN DISTRICT 19 increases the risks to life and property and will result in increased premium rates for flood insurance. I. A record shall be maintained of the above notification as well as all variance actions, including justification for the issuance of the variances. Any variances which are issued shall be noted in the annual or biennial report submitted to the Federal Insurance Administrator. § 165-702.19. Existing Structures in Floodplain Areas. 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: A.Existing structures in the Floodway Area shall not be expanded or enlarged unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practices that the proposed expansion would not result in any increase in the base flood elevation. B.Any modification, alteration, repair, reconstruction, or improvement of any kind to a structure and/or use located in any flood plain areas to an extent or amount of less than fifty (50) percent of its market value shall conform to the VA USBC. C.The modification, alteration, repair, reconstruction, or improvement of any kind to a structure and/or use, regardless of its location in a floodplain area to an extent or amount of fifty (50) percent or more of its market value shall be undertaken only in full compliance with this chapter and shall require the entire structure to conform to the VA USBC. § 165-702.20. Penalties for Violations. A.Any person who fails to comply with any of the requirements or provisions of this article or directions of the Zoning Administrator or any authorized employee of Frederick County shall be guilty of a misdemeanor and subject to the penalties outlined in §165-101.08 of this Chapter. The VA USBC addresses building code violations and the associated penalties in Section 104 and Section 115. B.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 or noncompliances within a reasonable time. Any structure constructed, reconstructed, enlarged, altered or relocated in noncompliance with this article may be declared by Frederick County to be a public nuisance and abated as such. Flood insurance may be withheld from structures constructed in violation of this article. DRAFT CHANGES TO THE FP FLOODPLAIN DISTRICT 20 ARTICLE I GENERAL PROVISIONS, AMENDMENTS, AND CONDITIONAL USE PERMITS Part 101 – General Provisions §165-101.02. Definitions and word usage. BASE FLOOD - The flood having a one percent chance of being equaled or exceeded in any given year. BASE FLOOD ELEVATION (BFE) – The Federal Emergency Management Agency designated one-hundred-year surface water elevation. one percent annual chance water surface elevation and the elevation determined per Section 4.6. 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 one hundred (100) year flood or 1% annual chance flood. BASEMENT - Any area of the building having its floor sub-grade (below ground level) on all sides. BOARD OF ZONING APPEALS - A Board whose members are appointed by the Circuit Court for the express purpose of considering and acting on variances and zoning appeals. 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. ELEVATED BUILDING - A non-basement building built to have the lowest floor elevated above the ground level by means of fill, solid foundation perimeter walls, pilings, or columns (posts and piers). ENCROACHMENT - With respect to a floodplain an encroachment shall be 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. EXISTING CONSTRUCTION - 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.” EXISTING MANUFACTURED HOME PARK OR SUBDIVISION - A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community. EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION - The preparation of additional sites by the construction of facilities for servicing the lots on which the manufacturing homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). DRAFT CHANGES TO THE FP FLOODPLAIN DISTRICT 21 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 subsistence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in paragraph 1 (a) of this definition. 3.Mudflows which are proximately caused by flooding as defined in paragraph 1 and 2 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. FLOOD INSURANCE RATE MAP (FIRM) – An official map of a community on which the Administrator has delineated both the special hazard areas and the risk premium zones applicable to the community. FLOOD INSURANCE STUDY (FIS) – An examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudflow and/or flood-related erosion hazards. FLOODPLAIN OR FLOOD-PRONE AREA - Any land area susceptible to being inundated by water from any source. 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. 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 a designated height. 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. HIGHEST ADJACENT GRADE – The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. DRAFT CHANGES TO THE FP FLOODPLAIN DISTRICT 22 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. 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. 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. LOWEST FLOOR - The lowest floor of the lowest enclosed area (including basement). An unfinished or flood- DRAFT CHANGES TO THE FP FLOODPLAIN DISTRICT 23 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. MOBILE OR MANUFACTURED HOME – A structure, transportable in one or more sections, which in travel mode is eight body feet or more in width or 40 body feet or more in length, or when erected on site, is 320 or more square feet and which is built in a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities. MOBILE OR MANUFACTURED HOME PARK OR SUBDIVISION - A parcel (or contiguous parcels) of land or a subdivision divided into two or more manufactured home lots for rent or sale. NEW CONSTRUCTION - For the purposes of determining insurance rates, structures for which the “start of construction” commenced on or after the effective date of an initial Flood Insurance Rate Map on or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, new construction means structures for which 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. NEW MANUFACTURED HOME PARK OR SUBDIVISION - A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by a community. RECREATIONAL VEHICLE - A vehicle which is: A. Built on a single chassis; B. Four hundred 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. Repetitive Loss Structure – A building covered by a contract for flood insurance that has incurred flood-related damages on two occasions during a 10-year period ending on the date of the event for which a second claim is made, in which the cost of repairing the flood damage, on the average, equaled or exceeded 25 percent of the market value of the building at the time of each flood event. 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. 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 § 165-702.07. DRAFT CHANGES TO THE FP FLOODPLAIN DISTRICT 24 START OF CONSTRUCTION - 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 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. 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. Structure, for insurance rating purposes, means a walled and roofed building, other than a gas or liquid storage tank, that is principally above ground and affixed to a permanent site, as well as a manufactured home on a permanent foundation. For the latter purpose, the term includes a building while in the course of construction, alteration or repair, but does not include building materials or supplies intended for use in such construction, alteration or repair, unless such materials or supplies are within an enclosed building on the premises. 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% 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% of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage regardless of the actual repair work performed. The term does not, however, include either any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions or any alteration of an historic structure, provided that the alteration will not preclude the structures continued designation as an historic structure. 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. DRAFT CHANGES TO THE FP FLOODPLAIN DISTRICT 25 VIOLATION - For floodplain management purposes, violation includes the failure of a structure or other development to be fully compliant with the community's flood plain 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. 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.