ORD-3313
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AN ORDINANCE TO AMEND APPENDIX D,
STORMWATER MANAGEMENT, SECTION 4
(DEFINITIONS AND FLOODPLAINS) AND
SECTION 9 (DESIGN CRITERIA AND
FLOODPLAINS)
Sections Amended: Stormwater Management §§ 4 and 9
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Sections 4 and 9 of the Stormwater Management Ordinance are hereby
amended and reordained to read as follows:
APPENDIX D STORMWATER MANAGEMENT
Sec. 4. Definitions.
Unless specifically defined below, words or phrases shall be interpreted so as to
give them the meaning they have in common usage and to give this ordinance its most
effective application. Words used in the singular shall include the plural, and the plural
the singular; words used in the present tense shall include the future tense. The word
"shall" connotes mandatory and not discretionary; the word "may" is permissive.
....
Flooding means a volume of water that is too great to be confined within the banks
or walls of the stream, water body or drainage system and that overflows onto adjacent
lands, causing or threatening damage. A general or temporary condition of partial or
complete inundation of normally dry land areas from:
(a) The overflow of inland or tidal waters,
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(b) The unusual and rapid accumulation or runoff of surface waters from any
source, or
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(c) Mudflows, which area proximately caused by flooding as defined in paragraph
(1)(b) of this definition and are akin to a river of liquid and flowing mud on the
surfaces of normally dry land areas, as when earth is carried by a current of
water and deposited along the path of the current.
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 waves 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 flash flood or an abnormal tidal surge, some similarly unusual and
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unforeseeable event that results in flooding as defined in paragraph 1(a) of this
definition.
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Sec. 9. Design criteria.
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To ensure attainment of the objectives of this ordinance and to ensure that
performance standards will be met, the design, construction and maintenance of
drainage systems shall be in accordance with the specifications outlined in the manual
of stormwater management practices described in section 11 and shall meet the
following design criteria:
Floodplain means those areas adjoining a river, stream, watercourse, ocean,
bay, or lake, which are subject to inundation. Floodplains shall be determined as the
land situated below the elevation of: Any land area susceptible to being inundated by
water from any source.
(a) That recorded by the maximum elevation of the flood water of record;
(b) The intermediate flood level as determined by the U.S. Army Corps of
Engineers; or
(c) The flood level as determined by the department of public works, whichever is
greater.
Any changes in the delineation of the intermediate flood level are subject to approval by
the federal insurance administrator.
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Site means any tract, lot or parcel of land or combination of tracts, lots or parcels of
land which are in one (1) ownership or are contiguous and in diverse ownership where
land development is to be performed as part of a unit, subdivision or project.
Special Flood Hazard Area means the land in the floodplain subject to a one (1)
percent or greater chance of being flooded in any given year as set forth in the
Floodplain Ordinance (Appendix K).
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(u)
No structural stormwater management facilities shall be constructed within
the one hundred-year floodplain special flood hazard areas in of the floodplain subject
to special restrictions, as enumerated in 5B.5(c) of the site plan ordinance (Appendix C)
section 4.10 of the Floodplain Ordinance (Appendix K) or in the southern watersheds as
enumerated in 2(a) of the southern watersheds management ordinance (Appendix G).
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Adopted by the Council of the City of Virginia Beach, Virginia, on the 26th day of
November, 2013.
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