(A) Description of types of FODs. Basis of FODs: FODs shall include areas subject to inundation by waters of the 1% chance flood. The basis or the delineation of these districts shall be the Flood Insurance Study (FIS) for Northampton County prepared by the FEMA, Federal Insurance Administration, dated March 2, 2015, and as may be amended. The FIS and associated Flood Insurance Rate Maps (FIRMs) are on file with the county.
(B) Northampton County may identify and regulate local flood hazard or ponding areas that are not delineated on the FIRM. These areas may be delineated on a "Local Flood Hazard Map" using best available topographic data and locally derived information such as flood of record, historic high water marks or approximate study methodologies.
(C) According to the FIRM, dated March 2, 2015, Northampton County does not contain any floodways, A Zone, or AO/AH Zones.
(1) (a) The Coastal Floodplain District shall be those areas identified as AE Zones on the FIRM and the accompanying Flood Insurance Study. Flood elevations are provided in these tidal floodplains.
(b) The AE or AH Zones on the FIRM accompanying the FIS shall be those areas for which 1% annual chance flood elevations have been provided and the floodway has not been delineated. The following provisions shall apply within an AE or AH zone [44 CFR 60.3(c)] where FEMA has provided base flood elevations. (Note: The requirement in 44 CFR 60.3(c)(10) only applies along rivers, streams, and other watercourses where FEMA has provided base flood elevations. The requirement does not apply along lakes, bays and estuaries, and the ocean coast.)
(c) 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, 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 Northampton County.
(d) Development activities in Zones Al-30, AE, or AH on the Northampton 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 the county's endorsement - for a Conditional Letter of Map Revision and receives the approval of the Federal Emergency Management Agency.
(2) The Coastal A Zone shall be those areas, as defined by the VA USBC that are subject to wave heights between one and one-half feet and three feet, and identified on the FIRM by the Limit of Moderate Wave Action (LiMWA) line.
(3) The coastal high hazard district shall be those areas identified as VE Zones on the FIRM and the accompanying Flood Insurance Study.
(D) Overlay concept.
(1) The FODs described above shall be overlays to the existing underlying districts as shown on the official zoning ordinance map, and as such, the provisions for the FODs shall serve as a supplement to the underlying district provisions.
(2) If there is any conflict between the provisions or requirements of the FODs and those of any underlying district, the more restrictive provisions shall apply.
(3) In the event any provision concerning an FOD is declared inapplicable or invalid as a result of any legislative or administrative actions or judicial decision, the remaining provisions shall remain applicable.
(E) Official map. The boundaries of the FODs shall be as shown on the Flood Insurance Rate Map which is declared to be a part of this chapter and which shall be kept on file with the county.
(F) District boundary changes. The delineation of any of the FODs may be revised by the county where natural or man-made changes have occurred and/or where more detailed studies have been conducted or undertaken by the U.S. Army Corps of Engineers or other qualified agency, or an individual documents the need for such change. However, prior to any such change, approval must be obtained from the Federal Insurance Administration.
(G) Interpretation of FOD boundaries. Initial interpretations of the boundaries of the FODs shall be made by the Floodplain Administrator. Should a dispute arise concerning the boundaries of any FOD, the Board of Zoning Appeals shall make the necessary determination. The person questioning or contesting the location of the FOD boundary shall be given a reasonable opportunity to present his or her case to the Board of Zoning Appeals and to submit his or her own technical evidence if he or she so desires.
(Ord. passed 2-23-2015; Am. Ord. passed 5-12-2015; Am. Ord. passed 10-10-2023)