A. STATEMENT OF INTENT: Floodplains are a valuable resource that provide, in addition to flood passage, agricultural land, recreational land, and wildlife habitat. In addition, they provide groundwater recharge and pollution protection services. As such, the Town Plan calls for protecting currently undeveloped floodplains from incompatible development.
B. PURPOSE: The purpose of these provisions is to prevent: the loss of life and property, the creation of health and safety hazards, the disruption of commerce and governmental services, the extraordinary and unnecessary expenditure of public funds for flood protection and relief, and the impairment of the tax base by:
1. Regulating uses, activities, and development which, alone or in combination with other existing or future uses, activities, and development, will cause unacceptable increases in flood heights, velocities, and frequencies;
2. Restricting or prohibiting certain uses, activities, and development from locating within districts subject to flooding;
3. Requiring all those uses, activities, and developments that do occur in flood-prone districts to be protected and/or flood-proofed against flooding and flood damage; and,
4. Protecting individuals from buying land and structures which are unsuited for intended purposes because of flood hazards.
C. APPLICABILITY: These provisions shall apply to all lands within the jurisdiction of the Town of Front Royal and identified as a being in the 1% annual chance of a flood (Special Flood Hazard Area), by the Federal Insurance Administration.
D. COMPLIANCE AND LIABILITY:
1. No land shall hereafter be developed and no structure shall be located, relocated, constructed, reconstructed, enlarged, or structurally altered except in full compliance with the terms and provisions of this ordinance and any other applicable ordinances and regulations which apply to uses within the jurisdiction of this ordinance.
2. The degree of flood protection sought by the provisions of this ordinance is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study. Larger floods may occur on rare occasions. Flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This ordinance does not imply that districts outside the Floodplain District or that land uses permitted within such district will be free from flooding or flood damages.
3. Records of actions associated with administering this ordinance shall be kept on file and maintained by the Zoning Administrator.
4. This ordinance shall not create liability on the part of the Town of Front Royal or any officer or employee thereof for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made there under.
E. ABROGATION AND GREATER RESTRICTIONS: This ordinance supersedes any ordinance currently in effect in flood-prone districts. However, any underlying ordinance shall remain in full force and effect to the extent that its provisions are more restrictive than this ordinance.
F. SEVERABILITY: If any section, subsection, paragraph, sentence, clause, or phrase of this ordinance shall be declared invalid for any reason whatever, such decision shall not affect the remaining portions of this ordinance. The remaining portions shall remain in full force and effect; and for this purpose, the provisions of this ordinance are hereby declared to be severable.