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Meeting
Convened. A Regular Meeting of the York County Board of Supervisors
was called to order at 7:01 p.m., Tuesday, June 17, 2003, in the Board
Room, York Hall, by Chairman James S. Burgett.
Attendance.
The following members of the Board of Supervisors were present: Walter
C. Zaremba, Sheila S. Noll, Donald E. Wiggins, James S. Burgett, and
Thomas G. Shepperd.
Also in
attendance were James O. McReynolds, County Administrator; and James E.
Barnett, County Attorney.
Invocation.
Reverend Carleton Bakkum from Grace Episcopal Church gave the
invocation.
Pledge of
Allegiance to the Flag of the United States of America. Chairman
Burgett led the Pledge of Allegiance.
HIGHWAY MATTERS
Mr. Steven
Hicks, Resident Engineer, Virginia Department of Transportation (VDOT),
appeared to discuss highway matters of interest to the Board of
Supervisors. He stated the improvements at Denbigh Boulevard and Route
17 would be in progress as soon as the weather remained consistently
rain-free. He thanked the members of the Board and Mr. Carter for the
leadership in obtaining an extra $1.4 million that will greatly help
with the Six-Year Plan.
Mr. Wiggins
noted that the pressure had been put on CSX to correct the railroad
tracks on Wolftrap Road.
Mr. Hicks
acknowledged that he had met with CSX’s representatives, and that they
would be correcting two feet on each side of the tracks. After those
repairs, VDOT will then smooth out the area.
Mr. Wiggins
recognized that many of the road improvements would not have been made
without Mr. Hicks’ help.
Mr. Zaremba
reiterated Mr. Wiggins’ comments and commended VDOT’s contractor for the
repairs to Hubbard Lane.
Mr. Shepperd
expressed his appreciation for the quick response to the calls for
potholes. He called attention to problem ditches and VDOT rights-of-way
that flood near Tinnette Drive, Running Man, and the intersection of
Cary’s Chapel and Mansion Roads, near Wilson Farm Lane. He explained
these areas were not along the road, but affected the drainage in the
area. He shared his concerns about stoplights on Hampton Highway and
the backlog of traffic. He stated the congestion on that road, along
with the slow traffic flow northbound to Route 17, has a negative effect
on the commerce in the area. He asked that the lights be synchronized
to alleviate the traffic backups.
Chairman Burgett
also commended Mr. Hicks on his accomplishments.
PRESENTATIONS
INTRODUCTION OF
NEW MEMBERS TO YORK COUNTY BOARDS AND COMMISSIONS
Chairman Burgett
welcomed Walter C. Etheridge as a newly appointed member to the York
County Board of Building Code Appeals. He then presented Mr. Etheridge
with a York County pin and a York County Boards and Commissions
handbook.
KOREAN WAR
VETERANS APPRECIATION MONTH
Chairman Burgett
presented a Proclamation to Korean War Veterans in attendance this
evening in appreciation of their services during the Korean war.
THE VIRGINIA
2007 COMMUNITY PROGRAM (Not on the agenda)
Mrs. Noll gave a
brief overview of the Virginia 2007 Community Program that was kicked
off by Governor Mark Warner. York County will participate in the
celebration of events that will commemorate the 400th anniversary of the
founding of the Commonwealth and the origins of the nation. She then
presented the Board members with 2007 pins and a 2007 flag that will be
flown at the York-Poquoson Circuit Courthouse.
GRANT AWARDS
Mrs. Anne Smith,
Director of Community Services, gave a presentation on the many grants
awarded to the County of York during fiscal year 2002-2003. These
grants total over $7 million dollars and were received from foundations
and governmental agencies.
CITIZENS COMMENT
PERIOD
There were no
comments this evening.
COUNTY ATTORNEY
REPORTS AND REQUESTS
No report was
given this evening.
COUNTY
ADMINISTRATOR REPORTS AND REQUESTS
Mr. McReynolds
announced that the Board has a work session scheduled on June 24 on the
landscaping section of the County’s Zoning Ordinance and Tax Relief for
the Elderly. The next regularly scheduled meeting will be held July 15.
MATTERS
PRESENTED BY THE BOARD
Mr. Zaremba
thanked the citizens who went to the polls on June 10, specifically
those who elected him as their representative in the primary election.
He reminded the citizens of New Quarter Park and described some of the
amenities of the park and the initiative to upgrade the park facilities
in the coming months. He asked Mr. McReynolds to provide an update on
the construction projects at the next regular meeting. He reported on
his town meeting held at York High School and stated the architectural
guidelines was the topic most talked about. He told the citizens they
have an opportunity to be part of the solution in crafting and
developing the guidelines, and encouraged them to get involved.
Mr. Wiggins
reported on attending the 30th anniversary of Senator Charles Mathias’
Tour of the Chesapeake Bay hosted by the Watermen’s Museum. He
described some of the contributing factors of pollution to the
Chesapeake Bay, and stated the County had to continue to go after
failing septic tanks, and provide sewer to the areas that don’t have
septic tanks.
Mrs. Noll
announced that the Recreation Committee is working on a water trail for
boaters which it hoped to get underway this year. She mentioned that
the model of the Yorktown waterfront was on display in the
Administration Building, and she encouraged citizens to stop by and see
it.
Mr. Shepperd
reported that he rode along with Chief Jeff Payne of the Fire Department
last Friday evening. He listened to the police radio that indicated
drag racing was taking place in the County. He discouraged this
behavior and stated that the Sheriff’s Office was aggressively pursuing
it. He then discussed problems with graffiti and asked the citizens to
inform the County about those areas targeted for graffiti.
Chairman Burgett
stated he had the pleasure of attending the opening of the new True
Value Hardware store. He visited Cary’s Baptist Church and presented a
Proclamation acknowledging its 122nd anniversary. He also attended the
employee picnic, and he recognized staff for its hard work. He noted he
was also present at the first Flag Day ceremony sponsored by the
Historical Committee. He then asked for a consensus of the Board to
bring back the Architectural Guidelines for a vote at the next regular
meeting.
Mr. Zaremba
expressed disagreement with Mr. Burgett’s request for a vote on the
guidelines. He explained a vote would undercut the citizens’
opportunity to input into those guidelines and stated he would like to
offer the disgruntled citizens of Yorktown the opportunity to offer
solutions to the proposed guidelines.
Chairman Burgett
withdrew his request for a consensus.
CONSENT CALENDAR
Mr. McReynolds
requested that proposed Resolution R03-111 concerning the refunding of
revenue bonds of the Virginia Peninsula Jail be added to the Consent
Calendar.
Mr. Zaremba
asked that Item No. 8 be removed from the Consent Calendar.
Mr. Shepperd
asked that Item No. 9 be removed from the Consent Calendar.
Mr. Wiggins
asked that Item No. 10 be removed from the Consent Calendar.
Mrs. Noll asked
that Item No. 14 be removed from the Consent Calendar.
Mrs. Noll then
moved that the Consent Calendar be approved as amended, Item Nos. 7, 11,
12 and 13, respectively, to include the addition of proposed Resolution
R03-111.
On roll call the
vote was:
Yea: (5) Zaremba, Noll, Wiggins, Shepperd, Burgett
Nay: (0)
Thereupon, the
following minutes were approved and resolutions adopted:
Item No.
7. APPROVAL OF MINUTES
The minutes of
the following meeting of the York County Board of Supervisors were
approved:
May
20, 2003, Regular Meeting.
Item No. 11.
PROPERTY TENANCY IN COMMON WITH YORK COUNTY SCHOOL BOARD: Resolution
R03-101.
A RESOLUTION
TO ELECT NOT TO ACQUIRE TENANCY IN COMMON OF SCHOOL PROPERTY IN THE
IMPLEMENTATION OF GASB 34
WHEREAS, for fiscal year ending June 30, 2003, York County will be
implementing a new financial reporting model referred to as GASB 34; and
WHEREAS, one of the new fiscal and operational aspects of this financial
reporting model is to record fixed assets and related liabilities on the
County’s balance sheet; and
WHEREAS, the County borrows funds to finance the acquisition,
construction, and improvement of school property, and the School Board
holds title to this property; and
WHEREAS, the asset values will be reported on the School Board’s balance
sheet and the related debt or liability will be reported on the County’s
balance sheet; and
WHEREAS, Virginia State Code 15.2-1800.1 provides for the County to
acquire tenancy in common to some or all of the public school property
in the County and therefore record the asset values on the County’s
balance sheet; and
WHEREAS,
County staff and School Board staff have determined that acquiring
tenancy in common would not be cost effective;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of Supervisors
this 17th day of June, 2003, that the election not to acquire tenancy in
common of school property be, and hereby is, implemented for the new
financial reporting model as regulated by the Governmental Accounting
Standards Board.
Item No. 12.
ARTS COMMISSION FUNDING: Resolution R03-84.
A RESOLUTION TO APPROVE FY2004 COUNTY AND STATE FUNDING FOR LOCAL ARTS
ORGANIZATIONS
WHEREAS, the
Board of Supervisors appropriated $54,400 in support of local cultural
arts organizations in the FY2004 budget and the County is expected to
receive an estimated $5,000 grant from the Virginia Commission for the
Arts to supplement the County’s appropriations for the arts; and
WHEREAS, the
York County Arts Commission was appointed by the Board of Supervisors to
review funding requests from cultural arts organizations and to make
recommendations to the Board concerning the distribution of budget
appropriations to the arts; and
WHEREAS, the
Arts Commission has undertaken a careful and thorough review of all
applications from arts groups, in some cases interviewing and otherwise
observing and interacting with these organizations; and
WHEREAS, the
Arts Commission has completed its review of the funding requests for
FY2004 and has developed recommendations for funding allocations for
each organization using the total available arts-related funds contained
in the approved FY2004 York County Budget; and
WHEREAS,
allocations from grant funding from the Virginia Commission for the
Arts, will be made to the Fifes and Drums of York Town, the Yorktown
Arts Foundation, Celebrate Yorktown Committee, Jamestown/Yorktown
Foundation and Peninsula Fine Arts Center upon receipt of those funds
from the Commonwealth;
NOW, THEREFORE,
BE IT RESOLVED by the York County Board of Supervisors this 17th day of
June, 2003, that the determination made by the York County Arts
Commission be, and they hereby are, approved and that the following
organizations receive funding in the following amounts under the York
County Arts Commission Grant Program:
Art Song Of Williamsburg
$ 450
Celebrate Yorktown Committee/Christmas
$ 1,100
Celebrate Yorktown Committee/Concerts
$ 1,200
Celebrate Yorktown Committee/Symphony
$ 1,700
Chesapeake Bay Wind Ensemble
$ 200
Coventry Elementary PTA
$ 1,100
Cultural Alliance
$ 400
Fifes & Drums of York Town
$ 8,400
First Night of Williamsburg
$ 750
Institute for Dance
$ 400
Jamestown/Yorktown Foundation
$ 4,900
Langley Air Force Base Boys & Girls Club
$ 1,175
Merchants Square Association
$ 600
Peninsula Community Theatre
$ 700
Peninsula Fine Art’s Center
$ 1,000
Publick Times Chorus of Sweet Adelines
$ 1,800
Senior Center of York
$ 200
Stage Lights
$ 500
Theatre IV
$ 2,000
This Century Art Gallery of Williamsburg
$ 400
Virginia Opera
$ 6,000
Virginia Shakespeare Festival
$ 2,500
Virginia Stage Company
$ 1,175
Virginia Symphony
$ 3,000
Wahl-Moore Creative Arts
$ 200
Watermen’s Museum
$ 3,400
WHRO
$ 900
Williamsburg Choral Guild
$ 400
Williamsburg Music Association
$ 1,100
Williamsburg Music Club
$ 550
Williamsburg Regional Library
$ 300
Williamsburg Youth Orchestra
$ 1,300
York River Orchestra
$ 900
Yorktown Arts Foundation
$ 6,100
Yorktown Chorale
$ 600
Young Audiences
$ 2,000
Item No. 13. HIGH SPEED RAIL – AMERICAN PASSENGER RAIL AGREEMENT:
Resolution R03-108.
A RESOLUTION TO EXPRESS SUPPORT FOR THE AMERICAN PASSENGER RAIL
AGREEMENT AND THE VIRGINIA HIGH SPEED RAIL INITIATIVE
WHEREAS, the
York County Board of Supervisors believes that an efficient and
convenient intercity passenger rail system serving the Washington D.C. –
Richmond – Virginia Peninsula corridor is an essential component of the
Peninsula’s future transportation network; and
WHEREAS, the
Peninsula Friends of Rail and the Virginians for High Speed Rail are
working to promote and encourage appropriate and adequate funding to
complete the upgrade of rail infrastructure, service, and equipment for
this corridor by 2007; and
WHERAS, the
Board wishes to express its support for these efforts as well as the
policies and objectives expressed in the American Passenger Rail
Agreement regarding the funding, development and maintenance of a
reliable and efficient passenger rail system.
NOW,
THEREFORE, BE IT RESOLVED by the York County Board of supervisors, this
the 17th day of June, 2003, that the Board does hereby express its
support for the efforts of the Peninsula Friends of Rail and the
Virginians for High Speed Rail regarding the funding, development and
maintenance of a reliable and efficient passenger rail system serving
the Washington D.C., Richmond and Virginia Peninsula corridor.
REFUND OF
REVENUE BONDS: Resolution R03-111 (Added to Consent Calendar)
RESOLUTION OF
THE COUNTY OF YORK CONCERNING THE ISSUANCE OF REFUNDING REVENUE BONDS
SERIES 2003 BY THE VIRGINIA PENINSULA REGIONAL JAIL AUTHORITY
WHEREAS, the
County of York is a member of the Virginia Peninsula Regional Jail
Authority (the “Authority”) created by the County of James City, the
City of Poquoson the City of Williamsburg and the County of York
(collectively, the “Member Jurisdictions”) pursuant to Article 3.1,
Chapter 3, Title 53.1 of the Code of Virginia of 1950, as amended (the
“Act”);
WHEREAS, the
Authority and the Member Jurisdictions entered in a Cooperative Service
Agreement dated as of November 14, 1994, as superseded by an Amended and
Restated Cooperative Service Agreement dated as of August 1, 1995 (the
“Service Agreement”) which provided, among other things, for the
planning, development and operation of the Authority’s regional jail
facility (the “Regional Jail”), and provided for the financing of the
Regional Jail through the issuance of the Authority’s revenue bonds.
WHEREAS, in
furtherance of the provisions of the Service Agreement and the Act, the
Authority issued its Regional Jail Facility Revenue Bonds, Series 1995,
in the aggregate principal amount of $36,340,000 (the “1995 Bonds”);
WHEREAS, in
connection with the issuance of the Authority’s 1995 Bonds, each of the
Member Jurisdictions agreed in the Service Agreement, subject to the
appropriation of funds for such purposes, to provide funding makeup
support on a proportionate basis for (i) the payment of debt service on
the 1995 Bonds and (ii) to cure any deficiency in the debt service
reserve fund established by the Authority for the 1995 Bonds in the
event the Authority lacked sufficient funds to make such payment or to
cure such deficiency (the “Debt Service and Reserve Makeup
Undertaking”);
WHEREAS, in
connection with the issuance of the 1995 Bonds by the Authority, the
Member Jurisdictions further agreed to provide annually for as long as
the 1995 Bonds remained outstanding to each nationally recognized
municipal securities information repository certain financial
information and operating data as more particularly described in the
Continuing Disclosure Agreement dated September 15, 1995 (the
“Continuing Disclosure Agreement”) among the Authority, the Member
Jurisdictions and Crestar Bank, now SunTrust Bank, as dissemination
agent (the “Continuing Disclosure Undertaking”);
WHEREAS, in
order to achieve debt service savings and to restructure debt service
payments, the Authority proposes to issue a series of refunding bonds in
the aggregate principal amount of $21,655,000 (the “Refunding Bonds”) to
refund a portion of the 1995 Bonds and to apply the prepaid
reimbursement payment received from the Commonwealth of Virginia for the
Commonwealth’s share of the construction and financing costs of the
Regional Jail to defease and redeem the balance of the 1995 Bonds;
WHEREAS, such
refunding, defeasance and redemption of the 1995 Bonds by the Authority
will cause the Debt Service and Reserve Makeup Undertaking and the
Continuing Disclosure Undertaking of the Member Jurisdictions with
respect to the 1995 Bonds to terminate;
WHEREAS, to
facilitate the sale of the Refunding Bonds, the insurer for the
Refunding Bonds has required that the Authority request that each Member
Jurisdiction agree to extend its Continuing Disclosure Undertaking and
agree to extend its Debt Service and Reserve Makeup Undertaking to the
Authority for the Refunding Bonds;
NOW,
THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of
York this 17th day of June, 2003, that the Continuing Disclosure
Undertaking in connection with the issuance of the Authority’s Refunding
Bonds be, and it is hereby, approved, such undertaking being on
substantially the same terms and conditions as are set forth in the
Continuing Disclosure Agreement for the Authority’s 1995 Bonds, the form
of which is on file with the County which is hereby approved in
substantially such form.
BE IT FURTHER
RESOLVED that the Debt Service and Reserve Makeup Undertaking for the
Authority’s Refunding Bonds is hereby approved on substantially the same
terms and conditions as such undertaking is contained in the Service
Agreement, including the requirement that such undertaking is subject to
the appropriation of funds for such purpose, provided, however, the
percentage on which such undertaking shall be based for each Member
Jurisdiction in any given fiscal year in which payment may be required
shall be derived from the percentage of each Member Jurisdiction’s
utilization of the Regional Jail for the immediately preceding fiscal
year.
BE IT STILL
FURTHER RESOLVED that the Chairman or the Vice Chairman are each
authorized to execute and deliver on behalf of the Authority, and, if
required, the Secretary or any Assistant Secretary of the Authority is
authorized to affix and attest the seal of the Authority to, the
Continuing Disclosure Agreement in substantially the form on file with
such changes, insertions or omissions, as may be approved by the
Chairman or Vice Chairman, and to any amendment to the Service Agreement
which may be necessary or desirable to reflect the changes to the Debt
Service and Reserve Makeup percentage herein authorized, whose approval
will be evidenced conclusively by the execution and delivery of such
documents. Each officer of the County is authorized to execute and
deliver on behalf of the County such other instruments, documents or
certificates, and to do and perform such things and acts, as they deem
necessary or appropriate to carry out the transactions authorized by
this Resolution and all of the foregoing, previously done or performed
by such officers, are in all respects approved, ratified and confirmed.
BE IT STILL
FURTHER RESOLVED that this Resolution shall take effect immediately.
Meeting
Recessed: At 7:53 p.m. Chairman Burgett declared a short recess.
Meeting
Reconvened: At 8:03 p.m. the meeting was convened in open session by
order of the Chair.
PUBLIC
HEARINGS
APPLICATION NO.
ZT-71-03, YORK COUNTY PLANNING COMMISSION, YORK COUNTY PLANNING
COMMISSION
Mr. Mark Carter,
Assistant County Administrator, made a presentation on Application No.
ZT-71-03 to revise Section 24.1-373 of the York County Code, FMA-Floodplain
Management Overlay District, to incorporate certain changes required by
the Federal Emergency Management Agency (FEMA) for consistency with the
National Flood Insurance Program requirements. He stated the Planning
Commission reviewed the application, held a public hearing, and
double-checked with FEMA to ensure that the language conformed to its
requirements. The Planning Commission recommended approval of the
application, and staff recommends approval through the adoption of
proposed Ordinance No. 03-24.
Mr. Zaremba
asked how many citizens this change would affect.
Mr. Carter
stated he guessed it would be 10 percent of the population, and he
explained that this resulted in no change whatsoever in terms of the
application of the flood plain management overlay requirements in the
County. He further explained that this simply made the County’s
ordinance match FEMA’s ordinance word for word.
Mr. Zaremba
suggested that this information should go out in the Citizen’s News.
Mr. Shepperd
asked if this was the ordinance that sets the guidelines to build above
the flood plain.
Mr. Carter
affirmed it was the ordinance in combination with the building code.
Mr. Shepperd
asked if areas along the coast could be built below the flood plain.
Mr. Carter
stated it could not be built that way.
Mr. Wiggins
stated this would enable citizens who live on the water to apply for a
lower rate of insurance.
Discussion
ensued on the proposed ordinance.
Chairman Burgett
then called to order a public hearing on Application No. ZT-71-03 which
was duly advertised as required by law. Proposed Ordinance 03-24 is
entitled:
AN ORDINANCE
TO APPROVE APPLICATION NO. ZT-71-03 TO AMEND THE YORK COUNTY ZONING
ORDINANCE (CHAPTER 24.1, YORK COUNTY CODE) BY REVISING SECTION 24.1-373.
FMA-FLOODPLAIN MANAGEMENT AREA OVERLAY DISTRICT TO INCORPORATE CERTAIN
CHANGES REQUIRED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY
There being no
one present who wished to speak concerning the subject application,
Chairman Burgett closed the public hearing.
Mrs. Noll then
moved the adoption of proposed Ordinance 03-24 which reads:
AN ORDINANCE
TO APPROVE APPLICATION NO. ZT-71-03 TO AMEND THE YORK COUNTY ZONING
ORDINANCE (CHAPTER 24.1, YORK COUNTY CODE) BY REVISING SECTION 24.1-373.
FMA-FLOODPLAIN MANAGEMENT AREA OVERLAY DISTRICT TO INCORPORATE CERTAIN
CHANGES REQUIRED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY
WHEREAS, Section
24.1-373 of the Zoning Ordinance sets forth the requirements applicable
to floodplain management areas in the County; and
WHEREAS, the
Federal Emergency Management Agency has notified the County of the need
for certain revisions in the floodplain management overlay provisions in
order to maintain full compliance with the requirements of the National
Flood Insurance Program; and
WHEREAS, the
Planning Commission has determined that amendment of the Zoning
Ordinance as recommended would be consistent with the needs and general
welfare of the public that desires to participate in the National Flood
Insurance Program and has recommended approval of the application;
NOW, THEREFORE, BE IT ORDAINED by the York County Board of Supervisors
this the 17th day of June, 2003 that it does hereby approve Application
No ZT-71-03 to amend Chapter 24.1, Zoning, of the York County Code to
incorporate the following amendments to Section 24.1-373:
Amend to read as
follows:
***
Sec. 24.1-373.
FMA-Floodplain management area overlay district.
(a) Statement of intent. In accordance with the
objectives of the comprehensive plan, these regulations are intended to
ensure the health, safety and general welfare of the public by ensuring
that inhabitants and property within the areas designated as flood
hazard areas are safe from damage due to flooding and that development
actions will not endanger others. This section complies with the
requirements of the National Flood Insurance Program (44 CFR 60.3, et
seq.) administered by the Federal Emergency Management Agency and is
necessary to ensure that all property owners within the county are
eligible for participation in the National Flood Insurance Program
regular program and thereby able to secure such insurance at nominal
rates.
(b) Applicability.
(1) The
special provisions established in this section shall apply to the
following areas:
a. Areas
designated as being within the 100-year floodplain by the Flood
Insurance Study and as delineated on the Flood Insurance Rate Map (FIRM)
dated December 16, 1988, or as subsequently may be amended as Zone A,
Zone AE, or Zone VE. A copy of the Flood Insurance Study and
accompanying maps shall be filed in the offices of the zoning
administrator and building official.
b. Such other
areas as may be determined by the zoning administrator, through drainage
and hydrology studies, to be essential to the alleviation of potential
flood damage caused by the 100-Year Flood and for which the county has
requested amendment or revision of the Flood Insurance Rate Map.
(2) These
special provisions shall supplement the regulations of the zoning
district within which a subject property is located. The floodplain
districts described herein shall be overlays to the existing underlying
zoning districts.
(3) Where
these regulations are at variance with the general regulations of this
chapter, the specific regulations of the zoning district within which
the property is located, or other provisions of this Code, the most
restrictive regulation shall apply.
(4) Any
changes to the data contained in either the Flood Insurance Study or the
Flood Insurance Rate Map as a result of natural or man-made conditions
or subsequent study and analysis shall require the approval of the
Federal Insurance Administrator prior to implementation. Evidence of
such approval shall require the filing with the zoning administrator of
one of the following:
a. Letter of
Map Amendment (LOMA)
b. Letter of
Map Revision (LOMR)
c. Physical
Map Revision
In all cases,
the burden of proof shall be on the applicant requesting a map or data
change.
(5) No land shall hereafter be developed and no structure
shall be located, relocated, constructed, reconstructed, enlarged, or
structurally altered within the floodplain management area except in
full compliance with the terms and provisions of this section. All
uses, activities, and development occurring within any floodplain
district shall be undertaken only upon the issuance of a zoning
certificate, as described in section 24.1-107 of this chapter. Such
development shall be undertaken only in strict compliance with the
provisions of this section and all other applicable codes and
ordinances, such as the Virginia Uniform Statewide Building Code, the
York County Subdivision Ordinance (Chapter 20.5, York County Code), and
other applicable state and federal laws.
(6) All applications for development and building permits
in the FMA district shall incorporate the following information:
a. For
structures to be elevated, the elevation of the lowest floor (including
basement);
b. For
structures to be floodproofed (non-residential only), the elevation to
which the structure will be floodproofed;
c. The
elevation of the one hundred (100)-year flood;
d.
Topographic information showing existing and proposed ground elevations;
and
e.
Within V-Zones, information obtained and recorded on the permit
application shall include the elevation (in relation to mean sea level)
of the bottom of the lowest horizontal structural member of the lowest
floor (excluding pilings and columns) of all new and substantially
improved structures, and whether or not such structures contain a
basement.
(c) For
the purposes of this section, the following terms shall have the
following meanings:
Basement. As used in this section, a basement shall be
defined as any part of any structure where the floor is below ground
level on all sides.
Channel. A
perceptible natural or artificial waterway which periodically or
continuously contains moving water confined to a definite bed and banks.
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, and the
storage of materials and equipment.
Flood or flooding.
· A
general and temporary condition of partial or complete inundation of
normally dry land areas from:
·
overflow of inland or tidal waters, or
· the
unusual and rapid accumulation or run‑off of surface waters from any
source, or
·
mudslides (i.e., mudflows) which are proximately caused by flooding or
precipitated by accumulations of water on or under the ground.
The collapse or
subsidence of land along the shore of a lake or other body of water as a
result of erosion or undermining caused by water 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 a flash flood or
by some similarly unusual and unforeseeable event which results in
flooding as defined above.
Flood,
100-Year. A flood level with a one-percent (1%) or greater chance of
being equaled or exceeded in any year. Also referred to as base flood.
Flood elevation,
base. The elevation in feet of the 100-Year Flood level as shown on the
Flood Insurance Rate Map (FIRM) published by the National Flood
Insurance Program and the Federal Emergency Management Agency.
Flood hazard
zone. The delineation of special flood hazard areas into insurance risk
and rate classifications on the Flood Insurance Rate Map (FIRM)
published by the Federal Emergency Management Agency and which include
the following zones and criteria:
·
Zone A. Areas subject to inundation by the 100-Year Flood where detailed
analyses have not been performed and base flood elevations are not
shown.
·
Zone AE. Areas subject to inundation by the 100-Year Flood as determined
by detailed methods with base flood elevations shown within each area.
·
Zone VE. Areas along coastal regions subject to additional hazards
associated with storm wave and tidal action as well as inundation by the
100-Year Flood.
·
Zone X. Areas located above the 100-Year Flood boundary and having
moderate or minimal flood hazards.
Floodplain. A
land area which is likely to be inundated by a flood. Floodplain areas
are generally adjacent to a river, stream, bay, lake, watercourse, or
storm drainage facility.
Floodplain
management area. A land area located within a Flood Hazard Zone or
which has been designated by the County and to which the provisions of
this section apply.
Floodproof. A
construction method designed to ensure that all parts of a structure or
facility located below the base flood elevation are watertight with
walls impermeable to the passage of water and with structural components
having the capability of withstanding hydrostatic and hydrodynamic
loads and the effects of buoyancy.
Manufactured
home. The provisions of section 24.1-104, Definitions of this chapter
notwithstanding, for purposes of this section, a manufactured home shall
be defined as a structure, transportable in one or more sections, which
is built on a permanent chassis and is designed for use with or without
a permanent foundation when connected to the required utilities. Also
included within this definition shall be park trailers, travel trailers,
and other similar vehicles placed on a site for more than one hundred
eighty (180) consecutive days, excluding however, those such vehicles
stored on a property and not used for their intended purposes.
Mean sea level.
National Geodetic Vertical Datum (NGVD) of 1929 to which all elevations
on the FIRM and within the Flood Insurance Study are referenced.
Sand dune.
Naturally occurring accumulations of sand in ridges or mounds landward
of the beach.
Substantial
damage. Damage of any origin sustained by a structure whereby the cost
of restoring the structure to its before damaged condition would equal
or exceed 50 percent (50%) of the market value of the structure before
the damage occurred.
Substantial
improvement. Any repair, reconstruction, rehabilitation, addition, or
improvement of a structure, the cost of which equals or exceeds fifty
percent (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 alteration of an “historic structure,”
provided that the alteration will not preclude the structure’s continued
designation as an “historic structure.”
· Any project for improvement of a structure to
correct existing violations of Virginia or county health, sanitary, or
safety code specifications which have been identified by the local code
enforcement official and which are the minimum necessary to ensure safe
living conditions.
Watercourse. A
natural or artificial channel for the passage of running water fed from
natural sources in a definite channel and discharging into some stream
or body of water.
(d)
Use Regulations. Permitted uses, specially permitted uses, accessory
uses, dimensional standards, and special requirements shall be as
established by the underlying zoning district, except as specifically
modified herein.
(1) The
following uses shall be specifically prohibited within Floodplain
Management Areas:
a. Landfills,
junkyards, outdoor storage of inoperative vehicles.
b.
Manufactured homes
c. Surface mines and borrow pits
d.
Manufacture, bulk storage, transformation or distribution of petroleum,
chemical or asphalt products or any hazardous materials as defined in
either or both of the following:
1. Superfund
Amendment and Reauthorization Act of 1986
2.
Identification and Listing of Hazardous Wastes, 40 C.F.R. §261 (1987)
The following
products shall be specifically included:
a) Oil and oil
products including petrochemicals
b)
Radioactive materials
c) Any
material transported or stored in large commercial quantities (such as
55-gallon drums) which is a very soluble acid or base, causes abnormal
growth of an organ or organism, or is highly biodegradable, exerting a
strong oxygen demand
d)
Biologically accumulative poisons
e) Substances
containing the active ingredients of economic poisons that are or were
ever registered in accordance with the provisions of the Federal
Insecticide, Fungicide, and Rodenticide Act, as amended (7 USC 135 et
seq.)
f) Substances highly lethal to mammalian or aquatic
life
e. Storage or
land application of industrial wastes
f. Outdoor
storage of equipment, materials, or supplies which are buoyant,
flammable, or explosive.
(2) The
provisions of article VIII. Nonconforming Uses of this chapter
notwithstanding, no expansion of any of the above uses located within
the Floodplain Management Area shall be permitted.
(e)
Special standards and requirements.
(1) Standards
for subdivisions. Preliminary plans, development plans and final
subdivision plats of all properties, all or part of which are located
within any flood hazard zone, must be prepared and sealed by a licensed
surveyor or engineer. The following information, in addition to that
which would otherwise be required, shall be provided on the respective
plans:
a. The
100-Year Flood boundary, as depicted on the FIRM and the flood hazard
zone classification(s) shall be depicted on preliminary plans,
development plans, and final plats.
b.
Development plans shall provide topographical information for the site
at a maximum contour interval of two feet (2'), provided, however, that
a one foot (1') contour interval for elevations one foot (1') lesser and
one foot (1') greater than the 100-Year Flood boundary shall be shown.
c. The
elevation of the finished surface of the ground at each corner of each
existing building located within any flood hazard zone shall be shown on
development plans and final plats.
(2) Standards
for site plans. Site plans for development of all properties, all or
part of which are located within any Flood hazard zone, must be prepared
and sealed by a licensed surveyor or engineer and include the following
information in addition to that which would otherwise be required:
a. The
100-Year Flood boundary, as depicted on the FIRM and the flood hazard
zone classification(s).
b.
Topographical information for the site provided at a maximum contour
interval of two feet (2'), provided, however, that a one foot (1')
contour interval shall be required for elevations one foot (1') lesser
and one foot (1') greater than the 100-Year Flood boundary and the
boundary itself shall be shown.
c. The
elevation of the finished surface of the ground at each corner of each
existing or proposed building location within any flood hazard zone.
(3) Standards
for utilities. All new or replacement utilities, water filtration, and
wastewater treatment facilities, installed in the floodplain management
area shall be designed to prevent the infiltration of floodwaters into
or discharge from such utilities and to minimize the potential for flood
damage.
Where private
waste disposal systems are to be installed or replaced, they shall be
installed so that they will not be permanently contaminated or impaired
by a base flood.
(4) Standards
for streets and roads. The finished centerline elevation of all new
public or private streets shall be no lower than six and one-half feet
(6˝') above mean sea level (NGVD) provided, however, that where an
existing street not meeting this criterion is to be extended, the zoning
administrator may approve streets or parts thereof which are below this
elevation, but not lower than the elevation of the existing street.
(5) Standards
for filling of floodplain areas.
a. Where fill
within the floodplain management area is proposed, the following minimum
standards shall apply:
1. Fill areas
shall extend laterally a minimum of fifteen feet (15') beyond building
lines from all points.
2. Fill
material shall consist only of soil and small rock materials which can
pass through a three-inch (3") opening ASTM standard sieve. Organic
materials, including tree stumps and asphalt rubble, shall be
prohibited.
3. Fill areas
shall be compacted as may be specified by the zoning administrator to
provide necessary permeability and resistance to erosion, scouring, or
settling.
4. Fill areas
shall be graded to a finished slope of no steeper than one (1) vertical
to three (3) horizontal, unless substantiated data, certified by a
licensed engineer, which justifies steeper slopes is submitted to and
approved by the zoning administrator.
5. The zoning
administrator shall impose any additional standards deemed necessary to
ensure the safety of the community and properties from additional flood
hazard potentials caused by filling within the floodplain management
area.
b. Filling or
any other encroachment into any channel within the floodplain management
area which would, as determined by the zoning administrator, obstruct or
unduly restrict water flows through the channel and, in so doing,
increase the potential for flood damage shall be prohibited.
c. The
filling of any portion of property solely to increase the elevation of
the land to meet minimum lot area requirements and thereby create a
buildable lot for residential construction within the floodplain
management area shall be prohibited.
d. These
standards may be waived individually by the zoning administrator, upon
the recommendation of the wetlands board for approved parks, recreation
facilities, shoreline erosion control and beach maintenance projects
where sufficient data is presented justifying the project and where it
is demonstrated that such actions will not increase flood levels on any
properties.
(6)
Standards for watercourse modification. Watercourses shall not be
altered or relocated except upon the presentation of data, certified by
a licensed engineer, that the flood-carrying capacity of such a modified
watercourse will be at least equal to that prior to modification.
Prior to any proposed alteration of any channels or of any watercourse
or stream within the Floodplain Management Area overlay district,
necessary permits shall be obtained from the Army 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 Soil and
Water Conservation) and the Federal Insurance Administration.
(7) Construction standards for properties in Zone AE. All new
construction or substantial improvement in Zone AE of the floodplain
management area shall occur in accordance with the applicable floodplain
construction provisions for Zone AE contained in the Virginia Uniform
Statewide Building Code. The zoning administrator shall be satisfied
that all applicable provisions have been complied with prior to issuing
building permits or temporary or permanent certificates of occupancy.
In addition,
the following standards shall apply:
a. It is
strongly recommended that all new and replacement electrical equipment,
and heating, ventilating, air conditioning and other service facilities
be installed at least one and one-half feet (1˝') above the base flood
elevation or otherwise designed and located so as to prevent water from
entering or accumulating within the system.
b. It is
strongly recommended that all electrical distribution panels be
installed at least three feet (3') above the base flood elevation or
otherwise designed and located so as to prevent inundation.
c. In all
cases, elevation of the lowest floor of the structure, including
basements, to at least one and one-half feet (1˝') above the base flood
elevation or, in the case of non-residential structures, floodproofing
to at least that level, is strongly encouraged and may result in a
reduction of flood insurance premiums.
(8)
Construction standards for properties in Zone VE. All new construction
or substantial improvement in Zone VE of the floodplain management area
shall occur in accordance with the applicable floodplain construction
provisions for Zone VE contained in the Virginia Uniform Statewide
Building Code. The zoning administrator shall be satisfied that all
applicable provisions have been complied with prior to issuing building
permits or temporary or permanent certificates of occupancy. In
addition, the following standards shall apply:
a. All new
construction or development shall be located landward of the reach of
the mean high tide.
b. Any
man-made alteration of a sand dune or any part thereof shall be
prohibited.
c. No
structure or any part thereof may be constructed on fill material of any
kind.
d. It is
strongly recommended that all new and replacement electrical equipment,
and heating, ventilating, air conditioning and other service facilities
be installed at least three feet (3') above the base flood elevation or
otherwise designed and located so as to prevent water from entering or
accumulating within the system.
e. It is
strongly recommended that all electrical distribution panels be
installed at least six feet (6') above the base flood elevation or
otherwise located so as to prevent inundation.
f. In all
cases, elevation of the bottom of the lowest horizontal structural
member of the lowest floor of the structure, excluding pilings or
columns, to at least three feet (3') above the base flood elevation is
strongly encouraged and may result in a reduction of flood insurance
premiums.
(9) Construction standards for properties in Zone A. All new
construction or substantial improvements in Zone A must comply with all
standards applicable to Zone AE contained in this section and the
floodplain construction provisions of the Virginia Uniform Statewide
Building Code. In addition, the owner and developer of such property
shall provide to the zoning administrator sufficiently detailed
hydrologic and hydraulic analyses, certified by a licensed engineer, to
determine the base flood elevation for the property and the location of
the 100-Year Flood Boundary. Upon approval by the zoning administrator,
copies of all such detailed analyses shall be transmitted to the
Federal Insurance Administrator for incorporation into the FIRM.
(10) Under no
circumstances shall any use, activity, and/or development adversely
affect the capacity of the channels or floodway of any watercourse,
drainage ditch, or any other drainage system or facility.
(f)
Variances. Variances from the provisions of this section
may be granted by the board of zoning appeals in accordance with the
provisions of article IX of this chapter except that the board of zoning
appeals shall notify all applicants, in writing, that the issuance of a
variance to construct a structure below the base flood level will result
in increased premium rates for flood insura | 
