Section 175-74
GENERAL PROVISIONS
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.