DRRC 08-26-10 Meeting AgendaCOUNTY of FREDERICK
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Department of Planning and Development
540/665-5651
MEMORANDUM FAX: 540/665-6395
To: Development Review and Regulations Committee
From: Candice E. Perkins, AICP, Senior Planner,-"",
Subject: August Meeting and Agenda
Date: August 16, 2010
The Frederick County Development Review and Regulations Committee (DRRC) will be
meeting on Thursday, August 26, 2010 at 7:00 p.m. in the first floor conference room (purple
rooms) of the County Administration Building, 107 North Kent Street, Winchester, Virginia. The
DRRC will discuss the following agenda items:
AGENDA
1. Telecommunication facilities. Discussion on revisions to the Frederick County Zoning
Ordinance to revise §165-204.19B to permit the Board of Supervisors to waive the
monopole tower requirement.
2. Recreation and Conference Commercial District (RCC District). Discussion on
revisions to the Frederick County Zoning Ordinance for a new zoning district to
implement the Commercial Recreation land use designation of the Comprehensive Policy
Plan.
3. Inundation Zones. Discussion on revisions to the Frederick County Subdivision
Ordinance to include provisions for dam break inundation zones as mandated by the
Code of Virginia.
Please contact this office if you will not be able to attend the meeting. Thank you.
Access to this building is limited during the evening hours. Therefore, it will be necessary to
enter the building through the rear door of the four-story wing. I would encourage Committee
members and interested citizens to park in the County parking lot located behind the new
addition or in the joint Judicial Center parking lot and follow the sidewalk to the back door of
the four -.story wing.
CEP/bad
Attachments
107 North Dent Street, Suite 202 • Winchester, Virginia 22601-5000
Item ft 'Yelecommunication Facilities
Staff has been directed to draft an amendment to the Zoning Ordinance to revise the waiver
provision for lattice style telecommunication facilities. The Zoning Ordinance (§165-204.19B)
currently requires all new commercial telecommunication towers to be monopole -type
construction. The Planning Commission is provided with an opportunity to waive that
requirement when the tower is located outside the Urban Development Area and is not adjacent
to properties that are identified historic sites. The proposed ordinance amendment would allow
the Board of Supervisors to waive the monopole requirement.
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. Proposed Changes to §165-204.19B.
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ATTACHMENT 1
Telecommunication Towers — Lattice Waiver
Article II
SUPPLEMENTARY USE REGULATIONS, PARKING, BUFFERS, AND
REGULATIONS FOR SPECIFIC USES
Part 204 — Additional Regulations for Specific Uses
§ 165-204.19 Telecommunication facilities, commercial.
B. The following standards shall apply to any property in which a commercial
telecommunication facility is sited, in order to promote orderly economic development and
mitigate the negative impacts to adjoining properties:
(2) Monopole -type construction shall be required for new commercial telecommunication
towers. The Planning rr^mr..issie Board of Supervisors may allow lattice -type
construction for new telecommunication towers when existing or planned residential
areas will not be impacted and when the site is not adiacent to identified historical
resources. that are leeaaDevelopment Area a -aa afe not d
jaeent to
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Item 42: Draft ICC Zoning District
Through the 2009 Comprehensive Policy Plan Amendment process, the Frederick County Board
of Supervisors endorsed the evaluation of an amendment to the Comprehensive Plan to include
the property that is home to the Rock Harbor Golf Course. An amendment to the Round Hill
Land Use Plan was ultimately approved by the Board of Supervisors in July of 2010. The
amendment to the plan had two primary goals - first, to establish a new area of land use that
would specifically promote the recreational attributes of the area in conjunction with the open
spaces associated with the existing Rock Harbor Golf Course (commercial recreation land use),
and second, to create a well-designed Conference Facility integrated with limited commercial
land uses with an orientation to the Golf Course and future Route 37 interchange, and limited
accessory membership residential land use to sustain the viability of the Rock Harbor Golf
Course.
To implement the new Commercial Recreation land use designation, a new zoning district has
been drafted that is termed the Recreation and Conference Commercial District (RCC District).
If the DRRC is supportive of this ordinance amendment, staff will forward it to the Planning
Commission and Board of Supervisors for their consideration.
Attachments: 1. Proposed RCC District Requirements and Definitions
2. Round Hill Land Use Plan - Round Hill Commercial Recreation Land Use
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ATTACHMENT 1
DRAFT RCC District
8/9/2010
Recreation and Conference Commercial District (RCC District)
Intent.
Recreation and Conference Commercial District (RCC District). The intent of this district is to
implement the Commercial Recreation land use designation of the Comprehensive Policy Plan, The RCC
District is designed to provide areas for carefully planned commercially driven recreational land uses
which take advantage of existing recreational amenities and enhances the economic development
opportunities of the area through conference facilities, lodging, commercial activities, and a limited
amount of accessory membership residential opportunities. Special care shall be taken in the approval
of RCC developments to ensure that necessary infrastructure, facilities, roads and improvements are
available or provided to support the RCC District development. Specific objectives of this district
include:
1. Provide for a balance of land uses that promote the recreational component as the primary land
use.
2. Assurance that all land uses are integrated and compatible and that adverse impacts on
surrounding properties and facilitates are avoided.
3. The RCC District shall be located in close proximity (within 1 mile) of Route 37 and contain a
major open space component.
4. The RCC District should promote energy efficient and sustainable design and development,
including achieving LEED certification, or certification from a similar program, as a project.
5. Areas of impervious surface in conjunction with the development should be minimized and
alternative irrigation techniques should be promoted.
6. Innovative water and sewer design to this project is necessary in order to create a more
sustainable community.
Permitted Uses.
The following uses are permitted in the RCC District:
Permitted Uses.
Standard Industrial
Classification
(SIC)
Restaurants
5812
Hotels and motels
701
Organization hotels and lodging
704
Public Golf Courses
7992
Golf driving ranges
7999
Conference/Convention Facilities
---
Banquet/Event Facilities
---
Accessory Retail
---
Accessory Residential Uses
---
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Business signs ---
Signs allowed in § 165-201.06B ---
Freestanding building entrance signs ---
Multi-tenant complex signs ---
Electronic message signs ---
Development Standards.
A. Minimum Use Percentages. A RCC Development shall have the following minimum/maximum
percentages of uses. These percentages shall not be modified.
1) Recreational Land Uses. A RCC Development shall contain a golf course as the primary
recreational component. The golf course shall be a minimum 36 -hole golf course.
2) Commercial Uses. A maximum of 30% of the gross land area of the RCC District
development may be devoted to commercial uses.
3) Open Space. A minimum of 60% of the gross land area of the RCC District development
shall be devoted to open space (the primary recreational land use may be included in this
area).
4) Residential Use. A maximum of 10% of the gross land area of the RCC District
development may be devoted to accessory membership residential uses.
General regulations.
A. Size. A RCC District shall contain a minimum core area of 100 acres. Once the core acreage has
been established, additional contiguous parcels may be added to the RCC District so long as the
minimum open space percentage is maintained for the entire RCC District.
B. Lot Size. Within a RCC District, individual uses shall not have a minimum lot size.
C. Subdivision. A RCC District Development may not contain individual residential parcels and
may not include condominium options for residential uses. Accessory membership residential
uses within a RCC District must be developed as one parcel that is owned and operated by one
entity that offers rental options for the accessory membership residential uses. Commercial
uses shall only be established on existing parcels of record, no new parcels shall be permitted.
The boundaries of existing parcels may be modified internal to the project or, preferably,
consolidated.
D. Public Utilities. A RCC District shall be served by public water and sewer.
E. Residential density. Maximum gross density for accessory membership residential uses shall not
exceed 8 units per acre.
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F. Dimensional and intensity requirements. The following dimensional and intensity requirements
shall be applicable for all development within the RCC District:
RCC District Requirements
Minimum front yard setback on
primary and arterial highways (feet) 50
Minimum front yard setback on
collector or minor streets (feet) 35
Side yard setbacks (feet — perimeter boundary) 50
Rear yard setbacks (feet — perimeter boundary) 50
Maximum Floor area to lot area ratio (FAR) 1.0
Maximum Commercial/Recreational Building Height (Feet - Primary) 60
Maximum Commercial/Recreational Building Height (Feet - Accessory) 20
G. Accessory Membership Residential Uses.
1) Accessory membership residential uses within a RCC District must be developed as one
parcel that is owned and operated by one entity that offers rental options for the
accessory membership residential uses.
2) Permitted accessory residential uses may consist of the following: single family detached,
single family attached, multiplex and garden apartment units. Such accessory dwellings
shall meet the following:
a) Single-family detached and single-family attached residential structures shall have an
average lot area of 3,000 square feet per dwelling unit.
i. Setback from parking areas: 20 feet.
ii. Building separation: 20 feet.
iii. Minimum off-street parking shall be two spaces per unit.
iv. Maximum principal building height: 35 feet.
b) Multiplex and garden apartment units shall have an average lot area of 1,000 square
feet per dwelling unit.
i. Setback from parking areas: 20 feet.
ii. Building separation: 30 feet.
iii. Minimum off-street parking shall be two spaces per unit.
iv. Maximum principal building height: 40 feet.
3) All other dimensional requirements shall be as outlined in Part 402 - RP (Residential
Performance) District.
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Use Limitations.
A. Parking. Parking within a RCC District shall be in accordance with § 165-202.01.
B. Buffering and Screening. Buffers and screening shall be provided in accordance with § 165-
203.02. Land uses contained within a RCC District shall not be required to provide buffers from
other uses contained within the RCC District.
C. Signage. Signage within a RCC District shall be in accordance with §165-201.06; however, no
freestanding signage shall be permitted along Route 37.
D. Sidewalks and Trails. Continuous sidewalks shall be provided along both sides of all public and
private streets within a RCC district. All planned bike trails as identified in the Comprehensive
Plan shall be provided along any road within a RCC district. In addition, trails shall be provided
along one side of all arterial and collector roads within a RCC District. Trails shall be a minimum
of 10 feet wide and have a paved surface.
C. Private Streets. A partial or complete network of private streets may be permitted within a RCC
District upon approval by the Board of Supervisors at the time of rezoning. However, roads or
streets depicted on the Frederick County Eastern Road Plan shall be public and dedicated to
Frederick County for eventual acceptance into the Virginia Department of Transportation
secondary road system. When private streets are permitted, the location of all private streets
must be shown on the Master Development Plan and shall meet the vertical base requirements
of the Virginia Department of Transportation for the projected traffic volume.
ARTICLE I
GENERAL PROVISIONS, AMENDMENTS, AND CONDITIONAL USE PERMITS
Part 101— General Provisions
§ 165-101.02. Definitions and word usage.
Conference/Convention Facilities — An enclosed structure designed to accommodate large gatherings
for business or professional conferences, seminars, training sessions, large meetings, exhibitions, and a
range of leisure activities. Conference/Conventions may be a primary use or may be constructed in
conjunction with a hotel.
Banquet/Event Facility — A use in which the principle function is hosting private parties at which food
and beverages are served to groups of people, and which has facilities for the preparation of food, or
which provides facilities for food through a caterer. Banquet/Event facilities may be an ancillary
component of other uses such as, but not limited to: restaurants, hotels, conference/convention
facilities and similar uses.
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ATTACHMENT 2
Round Hill Community
Land use Plan 2007
(Adopted by the Board of Supervisors on November 14, 2007)
Recreation and Conference Commercial Community
(Rock Harbor) Amendment
Adopted by the Board of Supervisors on June 23, 2010
Through the 2009 Comprehensive Policy Plan Amendment process, the Frederick County Board
of Supervisors endorsed the evaluation of an amendment to the Comprehensive Plan to include
the property that is home to the Rock Harbor Golf Course, The following land use policy, along
with the updated land use map, is the resulting amendment and is known as the Rock Harbor
Amendment to the Round Hill Land Use Plan.
Guiding Principles
The amendment to the plan has two primary goals - first, to establish a new area of land use that
would specifically promote the recreational attributes of this area in conjunction with the open
spaces associated with the existing Rock Harbor Golf Course, and second, to create a well-
designed Conference Facility integrated with limited commercial land uses with an orientation to
the Golf Course and future Route 37 interchange, and limited accessory membership residential
land use to sustain the viability of the Rock Harbor Golf Course. The goals of the Plan seek to
enable the development of land uses which will provide economic development, tourism, and
entertainment benefits to the Community and to Frederick County, and further promote the Rock
Harbor Golf Course.
The addition of Rock Harbor area to the Round Hill Land Use Plan creates a third distinct area of
land use for the Round Hill Community which will join with the Community's other two distinct
areas; the long established Round Hill Rural Community Center focused around Round Hill
Road (Route 803), and the developing commercial and medical support area along Route 50
(Northwestern Pike).
The Rock Harbor area of the Round Hill Land Use Plan is west of, and adjacent to, the West
Jubal Early Land Use Plan. The addition of this area will promote a connectivity of land uses
and access between the two important land use plans with a focus on the future West Jubal Early
Interchange. This plan also encompasses the area of existing quarry operation, providing
recognition to this very important area of Extractive Manufacturing and guidance with regards to
future development adjacent to the quarry. Additional protections in the form of distance and
buffering should be provided for any new land uses on the Rock Harbor Golf Course,
C
particularly for any accessory membership residential land uses.
Like the other two areas, this plan seeks to link to the community by providing access to efficient
roads, multi-purpose trails and sidewalks, and public water and sewer for the benefit of both the
residents of this Community and those adjacent citizens who may work or recreate in the area.
As with previous versions of the Round Hill Community Land Use Plan, a key goal of this plan
is to provide public sewer and water access for the existing residents of the Round Hill
community.
Land Use
Round Hill Commercial Recreation Land Use
The intent of the Commercial Recreation land use designation shall be to provide for carefully
planned, commercially driven recreational land uses which take advantage of existing
recreational amenities (36 -hole golf course) and enhances the economic development
opportunities of the area through conference facilities, lodging, commercial activities, and a
limited amount of accessory membership residential opportunities.
Growth and development of this area should be carefully planned to take advantage of the
existing commercial recreation land uses, Rock Harbor Golf Course, the close proximity of the
Winchester Medical Center, and the adjacent areas of planned land use.
The Commercial Recreation land use designation is envisioned to have a balance of land uses
that promote the recreational component as the primary land use. The recreational component
should be located in close proximity (within one mile) of an existing Route 37 Interchange and
contain a major open space component. Compatible commercial ventures such as conference
facilities, lodging opportunities, restaurants, and limited accessory retail would also be
appropriate in this setting. The Robinson Property shall contain only the compatible commercial
ventures component of the land use designation as identified above. Development of the
Robinson Property should only occur at the same time as, or in conjunction with, the Rock
Harbor project.
Balance of land uses
Recreational — 36 -hole golf course (minimum # of holes)
Open Space — 60 percent of land area (minimum area including golf course)
Commercial — 30 percent of land area (maximum area)
This area of commercial shall include a conference facility.
Accessory membership residential —10 percent of land area (maximum area)
The introduction of the accessory residential land uses may occur prior to
the development of the commercial land uses and the Conference Facility.
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It is recommended that the regulations guiding the development of the commercial recreation
area promote the balance of land uses identified above that are owned and operated by the Rock
Harbor Golf Course without further subdivision of the property.
Community Facilities
In order to promote high quality, low impact design, the commercial recreation land use
designation should promote energy efficient design and development, including achieving LEED
certification, or certification from a similar program, as a project. Areas of impervious surface in
conjunction with the development should be minimized and alternative irrigation techniques
should be promoted.
Innovative water and sewer design to this project is necessary due to the limited resources
available to the County. Alternative approaches with regards to water resources and reuse of
water and wastewater should be provided with this project. This project should provide
additional resources to the community and facilitate the provision of water and sewer resources
to the Round Hill Community, in particular to the existing residents, rather than detract from the
FCSA's ability to provide these resources.
It is essential to ensure that the infrastructure and the necessary community facilities are
provided in a timely and coordinated manner in order to enable the successful implementation of
the land use plan. Therefore, it is expected that the commercial recreation land use application is
developed with public water and sewer infrastructure and this application participates in the
regional planning and infrastructure development needs of the Round Hill Community. This
participation may include infrastructure improvements that exceed those generated solely by this
project but are designed to advance the needs of the Round Hill Community.
Design
High quality building designs and materials are expected. An objective of this plan is to create
an attractive, functional commercial area and to prevent the creation of a typical commercial
strip, from the perspective of a new interchange on Route 37. Unattractive development along
Route 37 frontage should be avoided. From this perspective, the golf course and future
conference and lodging facilities should be preserved and be the prominent features. Additional
commercial and residential land uses should be avoided directly adjacent to Route 37. The
recreational viewshed should be promoted with the golf course and future conference facilities
highly visible. This may include a linear area of open space adjacent to Route 37 (500 feet
distance). This area of open space should not be extended to the area surrounding the proposed
interchange, which is an area where appropriately designed development is anticipated.
Transportation
The County's Eastern Road Plan and the Win -Fred Metropolitan Planning Organization (MPO)
2030 Transportation Plan calls for Route 37 Jubal Early Interchange improvement. This project
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has been endorsed through recent rezoning approvals. This land use plan will ultimately provide
direct access to the Route 37 interchange at this location. Access to the Round Hill Community
to the North is also encouraged and may be established prior to the completion of the Jubal Early
Interchange if supported by an approved TIA (Transportation Impact Analysis).
Notwithstanding this, the development of this property should participate in the implementation
of the Route 37 interchange to the extent that it is warranted as a primary transportation focus.
A new multi-purpose trail system is planned through the Round Hill Community to serve the
area and provide access and connectivity with the West Jubal Early Community. The location
shown on the plan is general, with the precise location of the trail connection remaining flexible.
However, access should provide a connection generally from west of Route 37 to east of Route
37 as depicted on the map. It would be preferable to have the trail connectivity located on the
proposed sewer infrastructure parallel to the north of the railroad tracks. This should occur in
conjunction with the construction of the interchange, if possible, and under the existing Abrams
Creek and Rail Bridge. At a minimum, bicycle and pedestrian awareness should be incorporated
into the design and signage of the interchange. Trail connectivity to West Jubal Early Land Use
Plan and the City of Winchester Green Circle is very important.
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Item #3: Dam Break Inundation Zones
In 2008, the Virginia General Assembly adopted legislation (HB 837) to address development in
dam break inundation zones of state -regulated dams. The bill directs developers to assist dam
owners with required upgrades and requires additional disclosure and notification procedures for
dam owners. The requirements apply only to proposed development downstream of a dam for
which a dam break inundation zone map is on file with the County as of the time of the official
submission of a plan to the County. The Code of Virginia mandates that localities include these
requirements in their subdivision ordinances. Therefore, staff has prepared revisions to Chapter
144 — Subdivision of land (Articles I, II, IV, VI, V) to accommodate these requirements.
Process
Proposed developments within mapped dam break inundation zones of state -regulated
impoundments must be identified on all subdivision design plans, sketch plans and plat
submissions. In addition, when any part of the land proposed for subdivision lies in a mapped
dam break inundation zone, the final plat for the proposed development must reflect the
inundation zone.
When a proposed development is identified as being located in a dam break inundation zone, the
County will notify the dam owner and, within 10 days of submission, forward a copy of the plan
to the Virginia Department of Conservation and Recreation (DCR) for review. DCR will notify
the dam owner and the County of its determination within 45 days of receipt of the plan. If the
County has not received a determination from DCR within 45 days, DCR is deemed to have no
comments. If DCR determines that the proposed development will change the spillway design
flood standards of the impounding structure, the development cannot be approved unless it is
modified so that it does not change the spillway design flood standards, or the developer
contributes payment for the necessary upgrades to the impounding structure. If the developer
chooses to contribute payment for the upgrades, the developer must submit an engineering study
and a contract -ready cost estimate to DCR for necessary upgrades to the impounding structure.
The developer must pay 50% of the contract ready costs for the necessary upgrades to an
impounding structure attributable to the development or subdivision, together with
administrative fees not to exceed 1% of the total amount of the payment required or $1,000,
whichever is less, to the Dam Safety, Flood Prevention and Protection Assistance Fund managed
by DCR prior to final approval of the Subdivision or Site Plan. When the need for upgrades to
an impounding structure is identified during review of a subdivision design plan or plat, the
approval of the plan or plat will not be issued until the required engineering study, cost estimate
and payment for the upgrades are received.
Following completion of construction, the developer must provide the dam owner and the
County with all information necessary for the dam owner to update the dam break inundation
zone map to reflect any new development within the dam break inundation zone.
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Dams Subiect to State Code
All dams in Virginia are subject to the Dam Safety Act and Dam Safety Regulations unless
specifically excluded. A dam is excluded if it:
• is less than six feet high;
• has a maximum capacity less than 50 acre-feet and is less than 25 feet in height;
• has a maximum capacity of less than 15 acre-feet and is more than 25 feet in height;
• is used primarily for agricultural purposes and has a maximum capacity of less than 100
acre-feet or is less than 25 feet in height ( if the use or ownership changes, the dam may
be subject to regulation);
• is owned or licensed by the federal government;
• is operated for mining purposes under 45.1-222 or 45.1-225.1 of the Code of Virginia;
• is an obstruction in a canal used to raise or lower water levels;
• The height of a dam is defined as the vertical distance from the streambed at the
downstream toe to the top of the dam;
• The maximum capacity of a dam is defined as the maximum volume capable of being
impounded at the top of the dam.
If the DRRC is supportive of this ordinance amendment, staff will forward it to the Planning
Commission and Board of Supervisors for their consideration.
Attachments: 1. Proposed changes to §144-1, 2, 9, 23, 35, 36, 37, 39,
2. State Code References
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ATTACHMENT 1
DRAFT CHANGES - Dam Break Inundation Zones
August 10, 2010
Chapter 144 — SUBDIVISION OF LAND
ARTICLE I
Intent
§ 144-1. Intent.
This chapter is intended to establish subdivision standards to assist in the orderly, efficient and
integrated development of land. These standards shall.
1. These standards `hall Promote appropriate development practices, ensure conformance with
Frederick County's Comprehensive Plan and County Code and provide for the public's health,
safety, convenience, comfort, prosperity and general welfare.
2. These standards shall Guide public and private actions to ensure that adequate and efficient
systems are provided for transportation, water, sewerage, fire protection, drainage, erosion
control, recreation, open space and other public services and utilities to promote the
development of an economically sound and stable community.
3. Promote safety from fire, flood, failure of impounding structures and impacts within dam
break inundation zonesPanic, and other dangers.
4. This chapter Provide for reasonable survey standards to ensure proper subdivision layout,
appropriate recordation of all land divisions, legal descriptions, monument placement on urban
land and appropriate procedures and standards for land development.
ARTICLE IV
Subdivision Review Procedures
§ 144.9. General procedure.
A. All land divisions shall require the submittal of a subdivision plat for review and approval prior to
recordation. Unless specifically exempted, all residential subdivisions and their associated
amenities shall be required to submit a subdivision design plan for review and approval prior to
final plat approval.
B. During the review process for any preliminary sketch subdivision de: iqn plan or plat the
county shall review the potential impacts of mapped dam break inundation zones in
accordance with the provisions of .state law
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ARTICLE V
Design Standards
§ 144-23. Environmental requirements; floodplain development; wetlands; dam break inundation
zones.
D. Dam Break Inundation Zones.
A. For any development PrODosed within the boundaries of a dam break inundation zone that
has been mapped in accordance with state law, the locality shall as Part of a subdivision plan
or plat review :
1) Review the dam break inundation zone map on file with the locality for the affected
impounding structure,
2) Notify the dam owner, and
3) Within 10 days forward a request to the Department of Conservation and Recreation
to make a determination of the Dotential impacts of the Proposed development on the
spillway design flood standards required of the dam.
B. No land shall be subdivided within the boundaries of a mapped dam break inundation zone
unless such division complies with the Provisions of state law. If the State Department o
Conservation and Recreation determines that the plan of development would change the
spillway design flood standards of the impoundinq structure and the proposed subdivision
would allow development of three or more residential dwelling units the Countv shall not
permit the subdivision unless:
1. The subdivider agrees to alter the Plan of development so that it does not alter the
spillway design flood standard required of the impounding structure; or
2. The subdivider submits an apyroved engineering study in conformance with the
Virginia Soil and Water Conservation Board's standards under the Virginia Dam Safetv
Act and the Virginia Impounding Structure Regulations and makes the appropriate
Payment under state law related to the necessary upgrades to the affected
impounding structure and administrative fees pursuant to § 15.2-2243.1 of the Code of
Virginia.
C. The developer or subdivider shall Provide the dam owner and all affected localities with
information necessary for the dam owner to update the dam break inundation zone map to
reflect any new development within the dam break inundation zone following completion of
the development.
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ARTICLE VI
Plan Requirements
§ 144-35. Preliminary sketches.
The following items shall be shown on the preliminary sketch unless waived by the Subdivision
Administrator:
K. The location and potential impacts of mapped dam break inundation zones in accordance with
the provisions of the Code of Virginia
§ 144.36. Subdivision design plan contents.
LL. The location and potential impacts of mapped dam break inundation zones in accordance with
the provisions of the Code of Virginia
L-1:. MM. Other information necessary to ensure that all requirements of the Frederick County Code
have been met.
§ 144.37. Final plats.
BB. The location and potential impacts of mapped dam break inundation zones in accordance with
the provisions of the Code of Virginia
§ 144.39. Minor rural subdivisions.
A plat for a minor rural subdivision shall be prepared by a certified professional engineer or land
surveyor and shall contain the following information:
B. The actual plat of the subdivision shall contain at least the following information:
(11) The location and potential impacts of mapped dam break inundation zones in
accordance with the provisions of the Code of Virginia
ARTICLE II
Definitions
§ 144-2. Definitions and Word Usage.
Dam break inundation zone -The area downstream of a dam that would be inundated or otherwise
directly affected by the failure of a dam.
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Impounding structure - A man-made device whether a dam across a watercourse or other structure
outside a watercourse used or to be used to retain or store waters or other materials. The term includes:
(i) all dams that are twenty-five feet or greater in height and that create an impoundment capacity
of fifteen acre-feet or greater, and
ii all dams that are six feet or greater in height and that create an impoundment capacity of fifty
acre-feet or greater. The term "impounding structure" shall not include (a) dams licensed by the
State Corporation Commission that are subject to a safety inspection program; (b) dams owned or
licensed by the United States government, (c) dams operated primarily for agricultural purposes
which are less than twenty-f/ve feet in height or which create a maximum impoundment capacity
smaller than 100 acre-feet (d) water or silt retaining dams approved pursuant to § 451-222 or
45.1-225.1 of the Code of Virginia; or (e) obstructions in a canal used to raise or lower water.
Legislative Information System Page 1 of 1
§ 10.1-606.2. Mapping of dam break inundation zones.
A. An owner of an impounding structure shall prepare a map of the dam break inundation zor
impounding structure in accordance with criteria set out in the Virginia Impounding Structure RE
(4VAC 50-20). Existing maps prepared by the locality in accordance with these regulations mai
for this purpose.
B. All maps prepared in accordance with subsection A shall be filed with the Department of Coi
and Recreation and with the offices with plat and plan approval authority or zoning responsibilit
designated by the locality for each locality in which the dam break inundation zone resides.
C. Owners of impounding structures may be eligible for matching grants of up to 50 percent fro
Safety, Flood Prevention and Protection Assistance Fund and other sources of funding availab
Director to assist in the development of dam break inundation zone maps and for conducting
incremental damage assessments in accordance with the Virginia Impounding Structure Regul,
D. All properties identified within the dam break inundation zone shall be incorporated by the
the dam safety emergency action plan of that impounding structure so as to ensure the proper
of persons downstream and other affected persons or property owners in the event of an emery
condition at the impounding structure.
(2008, c. 491.)
Legislative Information System
http://leg1.state.va.us/cgi-bin/legp504.exe?000+coh+10.1-606.2+700310 8/10/2010
Legislative Information System Page 1 of 1
§ 10.1-606.3. Requirement for development in dam break inundation zones.
A. For any development proposed within the boundaries of a dam break inundation zone that
mapped in accordance with § 10.1-606.2, the locality shall, as part of a preliminary plan review
to § 15.2-2260, or as part of a plan review pursuant to § 15.2-2259 if no preliminary review has
conducted, (i) review the dam break inundation zone map on file with the locality for the affec
impounding structure, (ii) notify the dam owner, and (iii) within 10 days forward a request to the
Department of Conservation and Recreation to make a determination of the potential impacts c
proposed development on the spillway design flood standards required of the dam. The Depart
notify the dam owner and the locality of its determination within 45 days of the receipt of the re(
Upon receipt of the Department's determination, the locality shall complete the review in accorc
§ 15.2-2259 or 15.2-2260. If a locality has not received a determination within 45 days of the
Department's receipt of the request, the Department shall be deemed to have no comments, ar
locality shall complete its review. Such inaction by the Department shall not affect the Board's
regulate the impounding structure in accordance with this article.
If the Department determines that the plan of development would change the spillway design fl,
standards of the impounding structure, the locality shall not permit development as defined in §
or redevelopment in the dam break inundation zone unless the developer or subdivider agreE
the plan of development so that it does not alter the spillway design flood standard required of 1
impounding structure or he contributes payment to the necessary upgrades to the affected imp
structure pursuant to § 15.2-2243.1.
The developer or subdivider shall provide the dam owner and all affected localities with informE
necessary for the dam owner to update the dam break inundation zone map to reflect any ne,
development within the dam break inundation zone following completion of the development.
The requirements of this subsection shall not apply to any development proposed downstream
for which a dam break inundation zone map is not on file with the locality as of the time of the
submission of a development plan to the locality.
B. The locality is authorized to map the dam break inundation zone in accordance with criteria
the Virginia Impounding Structure Regulations (4VAC 50-20) and recover the costs of such ma
the owner of an impounding structure for which a dam break inundation zone map is not on fi
locality and a map has not been prepared by the impounding structure owner.
C. This section shall not be construed to supersede or conflict with the authority granted to the
Department of Mines, Minerals and Energy for the regulation of mineral extraction activities in t
Commonwealth as set out in Title 45.1. Nothing in this section shall be interpreted to permit the
impairment of a vested right in accordance with § 15.2-2307.
(2008, c. 491.)
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§ 15.2-2243.1. Payment by developer or subdivider.
Pagel of 2
A. If the Department of Conservation and Recreation determines that a plan of development pr
a developer or subdivider is wholly or partially within a dam break inundation zone and would
the spillway design flood standards of an impounding structure pursuant to § 10.1-606.3, a loco
require, prior to its final approval of a subdivision or development, that a developer or subdividE
submit an engineering study in conformance with the Virginia Soil and Water Conservation Boe
standards under the Virginia Dam Safety Act (§ 10.1-604 et seq.) and the Virginia Impounding
Regulations (4 VAC 50-20). The study shall provide a contract -ready cost estimate for conducti
upgrades. The Department of Conservation and Recreation shall verify that the study conformE
Board's standards. Following receipt of a study, the Department shall have 15 days to determir
the study is complete. The Department shall notify the developer or subdivider of any specific c
that cause the study to be determined to be incomplete. Following a determination that a subm
complete, the Department shall notify the developer or subdivider of its approval or denial withi
Any decision shall be communicated in writing and shall state the reasons for any disapproval.
B. Following the completion of the engineering studies in accordance with subsection A, and pr
development within the dam break inundation zone, a locality shall require that a developer o
subdivider of land pay 50 percent of the contract -ready costs for necessary upgrades to an imp
structure attributable to the development or subdivision, together with administrative fees not tc
one percent of the total amount of payment required or $1,000, whichever is less. Necessary u
shall not include costs associated with routine operation, maintenance, and repair, nor shall ne,
upgrades include repairs or upgrades to the impounding structure not made necessary by the r
development or subdivision.
C. Where a payment under subsection B is required, such payment shall be made by the devel
subdivider in accordance with the following provisions:
1. A locality may elect to receive such payment. Upon receipt, payments shall be kept in a sep�-
account by the locality for each individual improvement project until such time as they are expe
the improvement project; however, any funds not committed by the dam owner within six years
of deposit shall be refunded to the developer or subdivider. The locality may issue an extensior
an additional four years for the use of the funds if the dam owner shows that sufficient progress
made to justify the extension and the extension is approved by the Virginia Soil and Water Con
Board prior to the expiration of the six-year period. Should the locality be unable to locate the d
or subdivider following a period of 12 months and the exercise of due diligence, the funds shall
deposited in the Dam Safety, Flood Prevention and Protection Assistance Fund for the provisie
and loans. Any locality maintaining an account in accordance with this section may charge an
administrative fee, not to exceed one percent of the total amount of payment received or $1,00,
whichever is less.
2. If the locality elects not to receive such payment, any payments shall be made to the Dam S,
Flood Prevention and Protection Assistance Fund pursuant to § 10.1-603.19:1. The funds shall
the Virginia Resources Authority for each improvement project until such time as they are expe
the improvement project; however, any funds not committed by the dam owner within six years
of deposit shall be refunded to the developer or subdivider. The Board may issue an extension
additional four years for the use of the funds if the dam owner shows that sufficient progress is
made. Should the Department of Conservation and Recreation be unable to locate the develop
subdivider following a period of 12 months and the exercise of due diligence, the funds shall bE
in the Dam Safety, Flood Prevention and Protection Assistance Fund for the provision of grantE
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Page 2 of 2
loans. The Virginia Resources Authority shall not have any liability for the completion of any pr(
associated with the moneys they manage in the Dam Safety, Flood Prevention and Protection,
Fund.
D. No locality shall be required to assume financial responsibility for upgrades except as an ow
impounding structure.
E. The owner of the impounding structure shall retain all liability associated with upgrades in ac
with § 10.1-613.4.
(2008, c. 491.)
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