Killingworth City Zoning Code
ARTICLE XV
Floodplain District
§ 500-82 Applicability.
This regulation shall apply to the Floodplain District within the jurisdiction of the Town of Killingworth. The Floodplain District is identified by the Federal Emergency Management Agency as areas of special flood hazard in its Flood Insurance Study and Flood Insurance Rate Map with accompanying floodway maps, dated August 28, 2008, or any revision thereto. These documents are adopted by reference and declared to be part of this regulation. This regulation was adopted effective March 15, 1982, as may be from time to time amended.
§ 500-83 Statutory authorization.
The Legislature of the State of Connecticut has, in Title 7, Chapter 98, § 7-148(c)(7)(A), and in Title 8, Chapter 124, § 8-2, of the General Statutes, delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the Planning and Zoning Commission (the "Commission") of the Town of Killingworth, Connecticut, does ordain as follows.
§ 500-84 Findings of fact.
A.
The flood hazard areas of the Town of Killingworth are subject to periodic flood inundation which results in the loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.
B.
These flood losses are caused by the cumulative effect of obstructions in the floodplains, causing increases in flood heights and velocities, and by the occupancy in flood hazard areas by uses vulnerable to floods or hazards to other lands which are inadequately elevated, floodproofed, or otherwise unprotected from flood damage. Uncontrolled development and use of the floodplains can adversely affect the community.
C.
The Town of Killingworth has voluntarily participated in the National Flood Insurance Program (NFIP) since March 15, 1982. The NFIP is founded on a mutual agreement between the federal government and each participating community. Local, state and federal governments must share roles and responsibilities to meet the goals and objectives of the NFIP. The community's role is of paramount importance. Property owners are able to receive federally subsidized flood insurance only if the community enacts and enforces the minimum floodplain regulations required for participation in the NFIP.
§ 500-85 Statement of purpose.
It is the purpose of this regulation to regulate floodplain development, promote public health, safety, and general welfare, and minimize public and private losses due to flood conditions in specific areas by provisions designed:
A.
To protect human life and health, and prevent damage to property;
B.
To minimize expenditure of public funds for costly flood control projects;
C.
To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
D.
To minimize prolonged business interruptions and other economic disruptions;
E.
To minimize damage to public facilities, infrastructure and utilities, such as water and gas mains, electric, telephone and sewer lines, and streets and bridges, located in the floodplain;
F.
To help maintain a stable tax base by providing for the sound use and development of flood hazard areas in such a manner as to minimize flood damage and flood blight areas;
G.
To ensure that potential buyers are notified that property is in a flood hazard area;
H.
To prevent increase in flood heights that could increase flood damage and result in conflicts between property owners;
I.
To ensure that those who occupy the flood hazard areas assume responsibility for their actions; and
J.
To discourage development in a floodplain if there is any practicable alternative to locate the activity, use or structure outside of the floodplain.
§ 500-86 General provisions.
A.
Areas to which this regulation applies. This regulation shall apply to all special flood hazard areas (SFHA) within the Town of Killingworth.
B.
Basis for establishing the special flood hazard areas (SFHA).
(1)
The special flood hazard areas (SFHA) identified by the Federal Emergency Management Agency (FEMA) in its Flood Insurance Study (FIS) for the Town of Killingworth, dated August 28, 2008, and accompanying Flood Insurance Rate Maps (FIRM) and/or Flood Boundary and Floodway Maps (FBFM), dated August 28, 2008, and other supporting data, and any subsequent revisions thereto, are adopted by reference and declared to be a part of this regulation. Since mapping is legally adopted by reference into this regulation, it must take precedence when more restrictive until such time as a map amendment or map revision is obtained from FEMA.
(2)
The SFHA includes any area shown on the FIRM as Zones A, A1-30, AE, AO, and AH, including areas designated as a floodway on a FIRM or FBFM. SFHAs are determined utilizing the base flood elevations (BFE) provided on the flood profiles in the Flood Insurance Study (FIS) for a community. BFEs provided on the Flood Insurance Rate Map (FIRM) are only approximate (rounded up or down) and should be verified with the BFEs published in the FIS for a specific location. Also included are areas of potential, demonstrable or historical flooding, including any area contiguous with but outside the SFHA identified by FEMA, and where the land surface elevation is lower than the base flood elevation (BFE) as shown in the FIS, and the area is not protected from flooding by a natural or man-made feature. The FIRM, FBFM and FIS are on file in the Town Office Building, Killingworth, Connecticut.
C.
Structures already in compliance. A structure or development already in compliance with this regulation shall not be made noncompliant by any alteration, modification, repair, reconstruction or improvement and must also comply with other applicable local, state, and federal regulations. No structure or land shall hereafter be located, extended, converted, modified or structurally altered without full compliance with the terms of this regulation and other applicable regulations.
D.
Abrogation and greater restrictions. This regulation is not intended to repeal, abrogate or impair any existing easements, covenants, or deed restrictions. However, where this regulation and another ordinance, regulation, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
F.
Warning and disclaimer of liability. The degree of flood protection required by this regulation is considered the minimum reasonable for regulatory purposes and is based on scientific and engineering consideration and research. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This regulation does not imply or guarantee that land outside the special flood hazard area or uses permitted in such areas will be free from flooding and flood damages. This regulation shall not create liability on the part of the Town of Killingworth or by any officer or employee thereof for any flood damages that result from reliance on this regulation or any administrative decision lawfully made thereunder. The Town of Killingworth, its officers and employees shall assume no liability for another person's reliance on any maps, data or information provided by the Town of Killingworth.
G.
Severability. If any section, subsection, paragraph, sentence, clause, or phrase of this regulation should be declared invalid for any reason whatsoever, such decision shall not affect the remaining portions of this regulation, which shall remain in full force and effect; and to this end the provisions of this regulation are hereby declared to be severable.
§ 500-87 General prohibition.
No man-made change to or improvement in any improved or unimproved land, including, but not limited to, buildings or other structures, and no mining, dredging, filling, grading, paving or excavation operations shall be made within a Floodplain District except when specifically authorized in the particular instance by a flood hazard area permit granted by the Commission in conformity with the provisions of this article.
§ 500-88 Authority to apply for flood hazard area permit.
An application for a flood hazard area permit hereunder may be made by:
A.
Owner: the owner, or all of the joint owners, of the premises to which such application relates;
B.
Purchaser: the purchaser, or all of the purchasers, under a written contract to purchase the premises, provided that the written consent to the grant of such flood hazard area permit of the owner, or all the joint owners, of the premises accompanies the application; or
C.
Lessee: the owner, or all the joint owners, of a leasehold interest in the premises under a written lease, provided that the written consent to the grant of such flood hazard area permit of the owner, or all the joint owners, of the premises accompanies the application.
§ 500-89 Application for permit.
A complete application for a floodplain (flood hazard) permit shall consist of the application form and filing fee prescribed by the Commission, and all documents and statements are required to accompany the form. Seven copies of the complete application shall be delivered to the Zoning Enforcement Officer for transmittal to the Commission at its next regularly scheduled meeting. The date of receipt of such application shall be deemed to be the earlier of: (a) the date of such next regularly scheduled meeting, or (b) the 35th day following the date it was delivered to the Zoning Enforcement Officer.
§ 500-90 Local administrator.
The Planning and Zoning Commission is hereby appointed to administer, implement, and enforce the provisions of this regulation.
§ 500-91 Certification.
Where required under this regulation, a Connecticut registered professional engineer or architect shall certify that the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions of this regulation. Such certification must be provided to the Commission and a signature area included on the plans.
§ 500-92 Floodplain development permit.
A floodplain development permit shall be required in conformance with the provisions of this regulation prior to the commencement of any development activities. Permits issued under this regulation shall expire if actual construction of a permitted structure does not commence within 180 days of the permit approval date.
§ 500-93 Permit application procedures.
A floodplain permit is hereby established for all construction and other development to be undertaken in special flood hazard areas in this community. Prior to any development activities, application for a floodplain permit shall be made to the Commission on forms provided and may include, but not be limited to, plans in duplicate drawn to scale showing, at a minimum, the property lines and location of the parcel; the nature, location, dimensions, and elevations of the area in question; limit and extent of the one-hundred-year floodplain and/or floodway boundary and base flood elevation(s); existing and proposed structures, fill, storage of materials, drainage facilities and the location of the foregoing.
§ 500-93.1 Supporting information.
The following information is required to be submitted to the Commission:
A.
Application stage. Each application form shall contain or be accompanied by, in writing: (1) plans drawn to scale showing the nature, location, dimensions and elevations of the area in question; (2) existing or proposed structures, fill, storage materials and drainage facilities; and (3) the location of the foregoing. Said plans shall include or be accompanied by the following:
(1)
Base flood elevation (BFE) for the site in question as determined in the FEMA Flood Insurance Study (FIS) or Flood Insurance Rate Map (FIRM). The FIS flood profiles provide more accurate BFE data than the FIRM. The extent of the one-hundred-year floodplain and floodway must be depicted with a boundary line on any site plans and shown in relation to existing and proposed structures or development. BFE data must be provided for all proposed development, including manufactured home parks and subdivisions.
(2)
Elevation in relation to mean sea level of the proposed lowest floor, including basement, of all new construction, substantial improvements or repairs to structures that have sustained substantial damage.
(3)
Elevation in relation to mean sea level to which any nonresidential new construction, substantial improvements or repair to structures that have sustained substantial damage will be dry floodproofed.
(4)
Description of the extent to which any watercourse will be altered or relocated as a result of the proposed development. Computations by a licensed professional engineer must be submitted that demonstrate that the altered or relocated segment will provide equal or greater conveyance than the original stream segment. The applicant must submit any maps, computations or other materials required by the Federal Emergency Management Agency (FEMA) in order to officially amend or revise the Flood Insurance Rate Map. The applicant must pay any fees or other costs assessed by FEMA for this purpose. The applicant must also provide assurances that the conveyance capacity of the altered or relocated stream segment will be maintained.
(5)
A statement and supporting documentation (all costs of project, market value of structure, etc.) verifying that the proposed alterations to an existing structure meets or does not meet the criteria of the "substantial improvement" and/or "substantial damage" definition. If a development meets the definition of "substantial improvement" and/or "substantial damage," the structure must be brought into compliance with all floodplain regulations as if it was new construction.
(6)
Where applicable, the following certifications by a Connecticut registered engineer or architect are required, and must be provided to the Commission. The design and methods of construction must be certified to be in accordance with accepted standards of practice and with the provisions of § 500-93.3B.
(a)
Nonresidential floodproofing must meet the provisions of § 500-93.3B(1)(b).
(b)
Fully enclosed areas below the base flood elevation (BFE) must meet the minimum design criteria in § 500-93.3B(1)(c).
(c)
No increase in floodway water surface elevations is allowed. Any development in a floodway must meet the provisions of § 500-93.3B(3).
B.
Construction stage. Upon completion of the applicable portion of construction, the applicant shall provide verification to the Commission of the following as is applicable:
(1)
Lowest floor elevation shall be verified for:
(a)
A structure in Zone A, AE, A1-30, AO or AH which is the top of the lowest floor (including basement).
(b)
A nonresidential structure which has been dry floodproofed, which is the elevation to which the floodproofing is effective (Note: For insurance purposes, a dry floodproofed, nonresidential structure is rated based on the elevation of its lowest floor unless it is floodproofed to one foot above the BFE.).
(2)
Deficiencies detected by the review of the above listed shall be corrected by the permit holder immediately and prior to further progressive work being permitted to proceed. Failure to submit the survey or failure to make said corrections required hereby shall be cause to issue a stop-work order for the project.
C.
Permits: all necessary permits from those federal, state or Town governmental agencies from which prior approval is required, but not including a zoning permit or any special exception necessary to authorize the improvement for which application is made hereunder.
§ 500-93.2 Definitions.
The following terms and words are used in conjunction with the Floodplain District and shall have the meaning hereinafter assigned to them:
The flood having a one-percent chance of being equaled or exceeded in any given year.
The particular elevation of the base flood as specified on the Flood Insurance Rate Map for Zones A, AO, AH, A1-30, A99.
Any area of the building having its floor subgrade (below ground level) on all sides.
See definition for "structure."
As related to substantial improvements, the cost of any reconstruction, rehabilitation, addition, alteration, repair or other improvement of a structure shall be established by a detailed written contractor's estimate. The estimate shall include, but not be limited to: the cost of materials (interior finishing elements, structural elements, utility and service equipment); sales tax on materials, building equipment and fixtures, including heating and air conditioning and utility meters; labor; built-in appliances; demolition and site preparation; repairs made to damaged parts of the building worked on at the same time; contractor's overhead; contractor's profit; and grand total. Items to be excluded include: cost of plans and specifications, survey costs, permit fees, outside improvements such as septic systems, water supply wells, landscaping, sidewalks, fences, yard lights, irrigation systems, and detached structures such as garages, sheds, and gazebos.
Any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, dredging, filling, grading, paving, excavation or drilling operations.
A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured home are to be affixed (including, as a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.
The preparation of additional sites by the construction of facilities for servicing the lots on which the manufacturing homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
The federal agency that administers the National Flood Insurance Program (NFIP).
Fully enclosed areas below the base flood elevation (BFE) that are not considered a basement cannot have finished living space and need to be designed to be exposed to flood forces. These spaces can only be used for parking, building access or limited storage. Finished living space can include, but is not limited to, a space that is heated and/or cooled, contains finished floors (tile, linoleum, hardwood, etc.), has sheetrock walls that may or may not be painted or wallpapered, and has other amenities such as furniture, appliances, bathrooms, fireplaces and other items that are easily damaged by floodwaters and are expensive to clean, repair or replace.
The official map of a community on which the Federal Emergency Management Agency (FEMA) has delineated both the special flood hazard areas (one-hundred-year floodplain) and the insurance risk-premium zones applicable to a community. FIRMs published after January 1990 may also show the limits of the regulatory floodway.
The official study of a community in which the Federal Emergency Management Agency (FEMA) has conducted a technical engineering evaluation and determination of local flood hazards, flood profiles and water surface elevations. The Flood Insurance Rate Maps (FIRM), which accompany the FIS, provide both flood insurance rate zones and base flood elevations, and may provide the regulatory floodway limits.
A general and temporary condition of partial or complete inundation of normally dry land areas from (a) the overflow of inland or tidal waters and/or (b) the unusual and rapid accumulation of runoff of surface waters from any source.
Any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
The channel of a river or other watercourse and the adjacent land area that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than 1.0 foot anywhere in the Town. For the purposes of these regulations, the term "regulatory floodway" is synonymous in meaning with the term "floodway."
A use or facility that cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes public water supply structures or facilities (such as a dam, intake, gatehouse, diversion), docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities. The term does not include seafood processing facilities, long-term storage, manufacturing, sales or service facilities.
[Amended 12-16-2008]
The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
Any structure that is:
Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historic significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
The lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of these regulations.
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. The term also includes park trailers, travel trailers, recreational vehicles, and similar transportable structures placed on a site for 180 consecutive days or longer and intended to be improved property.
A parcel or contiguous parcels of land divided into two or more manufactured home lots for rent or sale.
Market value of the structure shall be determined by the property's tax assessment, minus land value.
The North American Vertical Datum (NAVD) of 1988 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map (FIRM) are referenced.
Structures for which the start of construction commenced on or after March 15, 1982, the effective date of the floodplain management regulations, and includes any subsequent improvements to such structures.
A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date, March 15, 1982, of the floodplain management regulation adopted by the community.
A vehicle which is:
Built on a single chassis;
Four hundred square feet or less when measured at the largest horizontal projection;
Designed to be self-propelled or permanently towable by a light-duty truck; and
Designed primarily not for use as a permanent dwelling but as a temporary living quarters for recreational, camping, travel, or seasonal use.
All areas of the Floodplain District and which are subject to a one-percent or greater chance of flooding in any given year.
The start of construction includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair or reconstruction, or improvement was within 180 days of the permit date. The "actual start" means the first placement of permanent construction on a site, such as the pouring of slabs or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the "actual start of construction" means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
A walled and roofed building which is principally above ground, including a manufactured home, a gas or liquid storage tank, or other man-made facilities or infrastructures.
Damage of any origin sustained by a structure, whereby the cost of restoring the structure to its pre-damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.
Any combination of repairs, reconstruction, rehabilitation, alterations, additions or other improvements to a structure, taking place during a ten-year period, in which the cumulative cost equals or exceeds 50% of the market value of the structure as determined at the beginning of such ten-year period. This term includes structures that have incurred substantial damage, regardless of the actual repair work performed. For purposes of this definition, substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either: (1) any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or (2) any alteration of an historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure.
A grant of relief by a community from the terms of the floodplain management regulation that allows construction in a manner otherwise prohibited and where specific enforcement would result in unnecessary hardship.
Failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without required permits, lowest floor elevation documentation, floodproofing certificates or required floodway encroachment calculations is presumed to be in violation until such time as that documentation is provided.
The height, in relation to the North American Vertical Datum (NGVD) of 1988 (or other datum, where specified), of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.
§ 500-93.3 Conditions of flood hazard area permits.
A.
General standards. In all special flood hazard areas (SFHAs) the following provisions are required:
(1)
New construction, substantial improvements, and structures that have sustained substantial damage shall be constructed using methods and practices that minimize flood damage.
(2)
New construction, substantial improvements, and structures that have sustained substantial damage shall be constructed with materials and utility equipment resistant to flood damage.
(3)
New construction, substantial improvements, and repairs to structures that have sustained substantial damage shall be anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.
(4)
New construction, substantial improvements and repair to structures that have sustained substantial damage cannot be constructed or located entirely or partially over water unless they are a functionally dependent use or facility.
(5)
Electrical, heating, ventilation, plumbing, air-conditioning equipment, HVAC ductwork, and other service facilities, or any machinery or utility equipment or connections servicing a structure shall be elevated to or above the base flood elevation (BFE) to prevent water from entering or accumulating within the components during conditions of flooding. This includes, but is not limited to, furnaces, oil or propane tanks, air conditioners, heat pumps, hot water heaters, ventilation ductwork, washer and dryer hook-ups, electrical junction boxes, and circuit breaker boxes.
(6)
New and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.
(7)
New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the system and discharges from the system into floodwaters.
(8)
On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding.
(9)
Aboveground storage tanks (oil, propane, etc.) which are located outside or inside of the structure must either be elevated above the base flood elevation (BFE) on a concrete pad, or be securely anchored with tie-down straps to prevent flotation or lateral movement, have the top of the fill pipe extended above the BFE, and have a screw fill cap that does not allow for the infiltration of floodwater.
(10)
In any portion of a watercourse that is altered or relocated, the flood-carrying capacity must be maintained. Notify adjacent communities and the Connecticut Department of Environmental Protection (DEP), Inland Water Resources Division, prior to any alteration or relocation of a watercourse.
(11)
If any portion of a structure lies within the special flood hazard area (SFHA), the entire structure is considered to be in the SFHA. The entire structure must meet the construction requirements of the flood zone. The structure includes any attached additions, garages, decks, sunrooms, or any other structure attached to the main structure. Decks or porches that extend into a more restrictive flood zone will require the entire structure to meet the standards of the more restrictive zone.
(12)
If a structure lies within two or more flood zones, the construction standards of the most restrictive zone apply to the entire structure (i.e., V Zone is more restrictive than A Zone; structure must be built to the highest BFE). The structure includes any attached additions, garages, decks, sunrooms, or any other structure attached to the main structure. (Decks or porches that extend into a more restrictive zone will require the entire structure to meet the requirements of the more restrictive zone.)
(13)
Compensatory storage. The water-holding capacity of the floodplain, except those areas which are tidally influenced, shall not be reduced. Any reduction caused by filling, new construction or substantial improvements involving an increase in footprint to the structure shall be compensated for by deepening and/or widening of the floodplain. Storage shall be provided on site, unless easements have been gained from adjacent property owners; it shall be provided within the same hydraulic reach and a volume not previously used for flood storage; it shall be hydraulically comparable and incrementally equal to the theoretical volume of floodwater at each elevation, up to and including the one-hundred-year flood elevation, which would be displaced by the proposed project. Such compensatory volume shall have an unrestricted hydraulic connection to the same waterway or water body. Compensatory storage can be provided off-site if approved by the municipality.
(14)
Equal conveyance. Within the floodplain, except those areas which are tidally influenced, as designated on the Flood Insurance Rate Map (FIRM) for the community, encroachments resulting from filling, new construction or substantial improvements involving an increase in footprint of the structure are prohibited unless the applicant provides certification by a registered professional engineer demonstrating, with supporting hydrologic and hydraulic analyses performed in accordance with standard engineering practice, that such encroachments shall not result in any increase in flood levels (base flood elevation). Work within the floodplain and the land adjacent to the floodplain, including work to provide compensatory storage, shall not be constructed in such a way so as to cause an increase in flood stage or flood velocity.
B.
Specific standards.
(1)
Construction standards in special flood hazard areas (SFHA), Zones A, A1-30, AE.
(a)
Residential construction. All new construction, substantial improvements, and repair to structures that have sustained substantial damage which are residential structures shall have the bottom of the lowest floor, including basement, elevated to or above the base flood elevation (BFE). Electrical, plumbing, machinery or other utility equipment that services the structure must be elevated to or above the BFE.
(b)
Nonresidential construction. All new construction, substantial improvements, and repair to structures that have sustained substantial damage which are commercial, industrial or nonresidential structures shall:
[1]
Have the bottom of the lowest floor, including basement, elevated to or above the base flood elevation (BFE); or
[2]
In lieu of being elevated, nonresidential structures may be dry floodproofed to one foot above the BFE, provided that together with all attendant utilities and sanitary facilities the areas of the structure below the required elevation are watertight with walls substantially impermeable to the passage of water, and provided that such structures are composed of structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. A Connecticut registered professional engineer or architect shall review and/or develop structural design specifications and plans for the construction, and shall certify that the design and methods of construction are in accordance with acceptable standards of practice for meeting the provisions of this section. Such certification shall be provided to the Commission on the FEMA Floodproofing Certificate, Form 81-65.
[3]
Electrical, plumbing, machinery or other utility equipment that services the structure must be elevated to or above the BFE.
(c)
Fully enclosed areas below the base flood elevation of elevated buildings. All new construction, substantial improvements, or repair of substantial damage to residential or nonresidential structures that include fully enclosed areas formed by a foundation and other exterior walls below the base flood elevation (BFE) of an elevated building shall be designed to preclude finished living space and be designed to allow for the entry and exit of floodwaters to automatically equalize hydrostatic flood forces on exterior walls (wet floodproofing). Designs for complying with this requirement must either be certified by a Connecticut registered professional engineer or architect, or meet the following minimum criteria listed in Subsection B(1)(c)[1] through [7] below:
[1]
Provide a minimum of two openings (hydraulic flood vents) having a total net area of not less than one square inch for every one square foot of enclosed area subject to flooding. These hydraulic openings must be located on at least two different walls. Only the area (square footage) that lies below the BFE can be used in the calculation of net area of vents required. If the structure has more than one enclosed area, openings must be installed in the exterior walls of each enclosed area so that floodwaters can enter directly from the outside.
[2]
The bottom of all openings shall be no higher than one foot above grade. At least one side of the structure's fully enclosed area must be at or above grade. Fill placed around the foundation walls must be graded so that the elevation inside the enclosed area is equal to or higher than the adjacent outside elevation on at least one side of the building. The finished floor of the enclosed area shall be no lower than the bottom of the foundation openings. The foundation slab of a residential structure, including the slab of a crawl space, must be set equal to the outside finished grade on at least one side of the building.
[3]
The openings may be equipped with screens, louvers, valves or other coverings or devices, provided they permit the automatic entry and exit of floodwaters in both directions without any external influence or control such as human intervention, including the use of electrical and other nonautomatic mechanical means. Other coverings may be designed and certified by an engineer or approved by the Commission.
[4]
The area cannot be used as finished living space. Use of the enclosed area shall be the minimum necessary and shall only be used for the parking of vehicles, building access or limited storage. Access to the enclosed area shall be the minimum necessary to allow for the parking of vehicles (garage door) or limited storage of maintenance equipment used in connection with the premises (standard exterior door) or entry to the living area (stairway or elevator). The enclosed area shall not be used for human habitation or partitioned into separate rooms.
[5]
All interior walls, floor, and ceiling materials located below the BFE shall be unfinished and resistant to flood damage.
[6]
Electrical, plumbing, HVAC ductwork, machinery or other utility equipment and connections that service the structure (including, but not limited to, furnaces, oil or propane tanks, air conditioners, heat pumps, hot water heaters, ventilation, washers, dryers, electrical junction boxes, circuit breaker boxes and food freezers) are prohibited in the fully enclosed area below the BFE. Utilities or service equipment located in this enclosed area, even if elevated above the BFE in the space, will subject the structure to increased flood insurance rates.
[7]
A residential building with a structurally attached garage having the floor slab below the BFE is considered an enclosed area below the BFE and must meet the standards of Subsection B(1)(c)[1] through [6]. A garage attached to a residential structure, constructed with the garage floor slab below the BFE, must be designed to allow for the automatic entry and exit of floodwaters in both directions. Flood openings or vents are required in the exterior walls of the garage or in the garage doors. The human intervention necessary to open garage doors when flooding occurs is not an acceptable means of meeting the openings requirements. In addition to the automatic entry of floodwaters, the areas of the garage below BFE must be constructed with flood-resistant materials. Garages attached to nonresidential structures must also meet the aforementioned requirements or be dry floodproofed as per the requirements of Subsection B(1)(b).
(2)
Manufactured (mobile) homes and recreational vehicles (RVs).
(a)
In all special flood hazard areas (SFHA), any manufactured (mobile) homes to be newly placed, undergoing a substantial improvement or repaired as a result of substantial damage shall be elevated so that the bottom of the lowest floor is at or above the base flood elevation (BFE). The manufactured home must also meet all the construction standards per Subsection B(1). This includes SFHAs outside a manufactured home park or subdivision, in a new manufactured home park or subdivision, in an expansion to an existing manufactured home park or subdivision, or on a site in an existing park in which a manufactured home has incurred substantial damage as a result of a flood.
(b)
All manufactured (mobile) homes within a SFHA shall be placed on a permanent foundation which itself is securely anchored and to which the structure is securely anchored so that it will resist flotation, lateral movement and hydrostatic pressures. Anchoring may include, but not be limited to, the use of over-the-top or frame ties to ground anchors.
(c)
All manufactured (mobile) homes within a SFHA shall be installed using methods and practices which minimize flood damage. Adequate access and drainage should be provided. Elevation construction standards include piling foundations placed no more than 10 feet apart, and reinforcement is provided for piers more than six feet above ground level.
(d)
Recreational vehicles placed on sites within a SFHA shall either (i) be on the site for fewer than 180 consecutive days, and (ii) be fully licensed and ready for highway use, or (iii) meet all the conditions of Subsection A and the elevation and anchoring requirement of Subsection B(2)(a), (b) and (c). A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick-disconnect-type utilities and security devices, and has no permanently attached additions.
(3)
Floodways. Located within special flood hazard areas (SFHA) are areas designated as floodways on the community's Flood Insurance Rate Maps (FIRM) or Flood Boundary and Floodway Maps (FBFM). The following additional standards are applicable to development within designated floodways or as may have been determined in Subsection B:
(a)
Encroachment. There shall be no encroachments, including fill, new construction, substantial improvements, and other development unless certification by a registered professional engineer is provided, demonstrating that the encroachment will not result in any increase in flood levels during the occurrence of a base flood discharge.
(4)
Standards for development in areas of shallow flooding (Zones AO and AH). Located within the special flood hazard areas (SFHA) are areas designated as shallow flooding areas (AO and AH Zones). These areas have flood hazards associated with base flood depths of one foot to three feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and indeterminate. In AO and AH Zones, the following provisions apply:
(a)
For residential structures, all new construction, substantial improvements and repair to structures that have sustained substantial damage shall have the lowest floor, including basement, elevated to the depth number specified on the Flood Insurance Rate Map (FIRM), in feet, above the highest adjacent grade. If no depth number is specified, the lowest floor, including basement, shall be elevated, at least two feet above the highest adjacent grade.
(b)
For nonresidential structures, all new construction, substantial improvements and repair to structures that have sustained substantial damage shall:
[1]
Have the lowest floor, including basement, elevated to the depth number specified on the Flood Insurance Rate Map (FIRM), in feet, above the highest adjacent grade. If no depth number is specified, the lowest floor, including basement, shall be elevated at least two feet above the highest adjacent grade; or
[2]
Together with attendant utility and sanitary facilities, be completely floodproofed to or above the depth number, in feet, specified on the FIRM above the highest adjacent grade, or if no depth number is specified, at least two feet above the highest adjacent grade, so that any space below that level is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. Designs for complying with this requirement must be certified by either a Connecticut licensed professional engineer or architect.
(c)
On-site drainage for all proposed structures in AO and AH Zones located on slopes shall provide adequate drainage paths to guide floodwaters around and away from such structures.
§ 500-93.4 Design standards for subdivision proposals.
If a proposed subdivision, including the placement of a manufactured home park or subdivision, is located in a special flood hazard area (SFHA), the following requirements shall apply:
A.
All subdivision proposals shall be consistent with the need to minimize flood damage;
B.
All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage;
C.
All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards; and
D.
In all special flood hazard areas where base flood elevation (BFE) data is not available, the applicant shall provide a hydrologic and hydraulic engineering analysis performed by a Connecticut licensed professional engineer that generates BFEs for all subdivision proposals and other proposed development, including manufactured home parks and subdivisions. The Commission shall require the applicant to provide BFE data for all subdivision proposals, including manufactured home parks and subdivisions, as per § 500-93.1.
§ 500-93.5 Decision.
In deciding an application for a flood hazard area permit hereunder, the Commission shall have the following authority and responsibilities:
A.
Permit application review. The Commission shall:
(1)
Review all flood hazard area permit applications to determine that the requirements of this regulation have been satisfied;
(2)
Review all such permit applications to assure that all other necessary permits have been received from those federal, state or Town governmental agencies from which prior approval is required as prescribed hereunder; and
(3)
At its discretion require a performance bond in an amount determined by the Town Engineer securing completion in conformity with the approved floodplain permit.
B.
Other base flood data. When base flood elevation data or floodway data have not been provided, then the Commission shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, in order to administer the standards of this regulation.
C.
Information to be obtained from applicant and maintained:
(1)
The actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures;
(2)
For all new and substantially improved floodproof structures, the actual elevation (in relation to mean sea level) to which the structure was floodproofed;
(3)
Evidence that adjacent towns and the Connecticut Department of Environmental Protection, Water Resources Unit, have been notified prior to any alterations or relocation of a watercourse;
(4)
Certification that the flood-carrying capacity within the altered or relocated portion of the watercourse will be maintained; and
(5)
All the records pertaining to the provisions of this regulation shall be maintained for public inspection.
D.
Interpretations of boundaries. The Commission shall make interpretations where needed as to the exact location of the boundaries of special flood hazard areas, such as where there appears to be a conflict between a mapped boundary and actual field conditions.
E.
Regulatory floodway adoption. When base flood elevation data or floodway data have not been provided in accordance with § 500-93.1, the Commission shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source in order to administer the provisions of § 500-93.3. The Commission shall adopt a regulatory floodway based on the principal that the floodway must be able to convey the waters of the base flood without increasing the water surface elevation more than one foot at any point within the community.
§ 500-93.6 Procedure for flood hazard area permit.
The Commission may, but shall not be required to, hold a public hearing upon an application for a flood hazard area permit hereunder. The Commission shall, however, give notice to the applicant of the time and place of a meeting of the Commission at which such application shall be considered at least 10 days prior to such meeting, and the Commission shall afford the applicant the opportunity to be heard in support of the application. The Commission shall notify the applicant of the Commission's decision upon such application within a reasonable time following the Commission's decision. Such notification shall be in writing and may be a simple statement that such application was granted, modified and granted, or denied, together with the date of such action. Whenever the Commission grants or denies an application for a flood hazard area permit hereunder, the Commission shall publish notice of the decision in a newspaper having a substantial circulation in the municipality within 10 days after such decision has been rendered. Such notice shall be a simple statement that such application was granted, modified and granted, or denied, together with the date of such action. Whenever the Commission denies an application for a flood hazard area permit hereunder, it shall state upon its records the reason for its decision.
§ 500-93.7 Procedure for flood hazard area permit and special exception.
Whenever the change or improvement for which an application for a flood hazard area permit is required hereunder is permitted only when a special exception has been granted by the Commission pursuant to other provisions of these regulations, the applicant shall make application for both the flood hazard area permit and such special exception simultaneously, and the Commission shall consolidate said applications and act upon them together. The Commission shall deny both applications if the Commission decides to deny one of them. Except when so consolidated with an application or special exception, the Commission may, but shall not be required to, hold a public hearing upon an application for a flood hazard area permit.
§ 500-93.8 Variance procedures.
A.
Establishment of variance process.
(1)
The Zoning Board of Appeals (ZBA), as established by the Town of Killingworth, shall hear and decide requests for variances from the requirements of this regulations.
[Amended 11-1-2016]
(2)
The ZBA shall hear and decide appeals when it is alleged there is an error in any requirement, decision or determination made by the Zoning Enforcement Officer in the enforcement or administration of this regulation.
[Amended 11-1-2016]
(3)
Any person aggrieved by the decision of the ZBA or any person owning land which abuts or is within a radius of 100 feet of the land in question may appeal within 15 days after such decision to the State Superior Court of Middlesex, as provided in Section 8-8 of the General Statutes of Connecticut.[1]
[1]
Editor’s Note: Former Subsection A(4), regarding appeal record maintenance, which immediately followed this subsection, was repealed 11-1-2016.
B.
Specific situation variance.
(1)
Buildings on an historic register. Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places, the State Inventory of Historic Places, or any locally adopted historic district without regard to the procedures set forth in the remainder of this section and provided the proposed reconstruction, rehabilitation or restoration will not result in the structure losing its historical designation.
(2)
Functionally dependent use or facility. Variances may be issued for new construction and substantial improvements and other development necessary for the conduct of a functionally dependent use or facility, provided the structure or other development is protected by methods that minimize flood damage, creates no additional threat to public safety and meet all the requirements of § 500-93.3.
(3)
Floodway prohibition. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
C.
Considerations for granting of variances. In passing upon such applications, the ZBA shall consider all technical evaluations, all relevant factors, all standards specified in other sections of this regulation and the items listed below as Subsection C(1) through (11). Upon consideration of these factors and the purposes of this regulation, the ZBA may attach such conditions to the granting of variances as it deems necessary to further the purposes of this regulation.
(1)
The danger that materials may be swept onto other lands to the injury of others;
(2)
The danger to life and property due to flooding or erosion damage;
(3)
The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
(4)
The importance of the services provided by the proposed facility to the community;
(5)
The necessity of the facility to a waterfront location, in the case of a functionally dependent facility;
(6)
The availability of alternative locations not subject to flooding or erosion damage for the proposed use;
(7)
The compatibility of the proposed use with existing and anticipated development;
(8)
The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;
(9)
The safety access to the property in times of flood for ordinary and emergency vehicles;
(10)
The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and
(11)
The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, and streets and bridges.
D.
Conditions for variances.
(1)
Variances shall only be used upon a determination that the variance is the minimum necessary to afford relief considering the flood hazard; and in the instance of a historical building, a determination that the variance is the minimum necessary so as not to destroy the historic character and design of the building and result in the loss of the historic designation of the building. Variances pertain to a piece of property and are not personal in nature. A properly issued variance is granted for a parcel of property with physical characteristics so unusual that complying with the regulation would create an exceptional hardship to the applicant or the surrounding property owners. Those characteristics must be unique to that property and not be shared by adjacent parcels. For example, economic or financial hardship is not sufficient cause for a variance, nor are inconvenience, aesthetic considerations, physical handicaps, personal preferences or disapproval of one's neighbors.
(2)
Conditions for granting variances.
(a)
Variances shall only be used upon:
[1]
A showing of good and sufficient cause;
[2]
A determination that failure to grant the variance would result in exceptional hardship; and
[3]
A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisance, damage the rights or property values of other persons in the area, cause fraud on or victimization of the public, or conflict with existing local laws, ordinances or regulations.
(b)
Only hardships that are based on unusual or unique physical characteristics of the property in question, characteristics that are not shared by adjacent parcels, shall qualify to meet Subsection C(2)(a)[2] above.
(c)
Claims of hardship based on the structure, on economic gain or loss, or on personal or self-created circumstances are not sufficient cause for the granting of a variance.
(3)
No variance may be issued within a regulatory floodway that will result in any increase in the one-hundred-year flood levels. A variance may be issued for new construction, substantial improvements and other development necessary for the conduct of a functionally dependent use, provided that there is good and sufficient cause for providing relief; and the variance does not cause a rise in the one-hundred-year flood level within a regulatory floodway. The structure and other development must be protected by methods that minimize flood damages.
(4)
Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with the lowest floor elevation below the base flood elevation (BFE) and the elevation, and that the cost of flood insurance will be commensurate with the increased risk resulting from the lowest floor elevation.
§ 500-93.9 Other restrictions.
The provisions of this article are not intended to repeal, abrogate or impair any easements or other laws, regulations or ordinances, and whichever imposes the more stringent restrictions shall prevail.
§ 500-93.10 Interpretation.
In the interpretation and application of the provisions of this article, all provisions shall be considered as minimum requirements and shall be construed so as to preserve and maintain the purpose and intent hereof.
§ 500-93.11 Warning and disclaimer of liability.
The degree of flood protection established by this regulation is considered reasonable for Town-wide regulatory purposes and is based upon available scientific and engineering studies. Larger floods may occur on rare occasions, and flood heights may increase as a result of man-made or natural causes. This regulation does not imply that land outside of special flood hazard areas will be free from flooding or flood damages. This regulation shall not create liability on the part of the Town of Killingworth, any officer or employee thereof, or the Federal Insurance Administration for any flood damages that result from reliance upon this regulation or upon any administrative decision lawfully made hereunder.
§ 500-93.12 Enforcement.
A.
Each floodplain permit shall authorize, as a condition of approval, the Commission or designated agents to make regular inspections of the subject property. The Commission or designated agents are also authorized to inspect any property in a special flood hazard area (SFHA) where it appears that violations of these regulations may be taking place.
B.
If the Commission finds that any person is undertaking any construction, substantial improvement, filling, or any other activity or maintaining a condition which is in violation of these regulations, the Commission shall:
(1)
Issue a written order by certified mail, return receipt requested, to the subject property owner, ordering that the activity cease and ordering the property owner to obtain a floodplain permit prior to continuing with the activity or, if appropriate, ordering that all violations and/or obstructions be removed from the special flood hazard area (SFHA) immediately.
(2)
Notify the Building Official and request that any floodplain permit(s) in force be revoked or suspended and that a stop-work order be issued.
C.
The Commission may suspend or revoke a floodplain development permit if it is found that the applicant has not complied with the terms, conditions or limitations set forth in the permit or has exceeded the scope of work as set forth in the application, including application plans. Prior to revoking any permit, the Commission shall issue notice to the permittee, personally or by certified mail, return receipt requested, setting forth the facts or conduct which warrants the intended action.
D.
Failure to comply with any written order issued under this article shall be considered a violation of these regulations and is subject to the penalties described in § 500-93.13.
E.
In the event violations or obstructions are not promptly removed from the special flood hazard area (SFHA), the Commission may cause such removal and remediation work to be performed utilizing bond money held in escrow pursuant to § 500-93.5A(3) of this regulation, or may direct the Town of Killingworth to cause such work to be done and to place a lien against the property.
F.
Any person subjected to enforcement action pursuant to this regulation may appeal any requirement, decision, or determination of the Commission to the ZBA, in accordance with § 500-93.8 of this regulation. Such person shall provide such information as necessary, including appropriate certifications from a registered professional engineer or architect in order to substantiate the claim that the requirement, decision, or determination of the Commission was in error or unwarranted.
§ 500-93.13 Penalties for offenses.
Any violation of the provisions of this regulation or failure to comply with any of its requirements, including violation of conditions and safeguards established in connection with grant of variances or special exceptions, shall constitute a misdemeanor. Any person who violates this regulation or fails to comply with any of its requirements shall, upon conviction thereof, be fined a penalty of $250 per day or imprisoned for not more than 10 days for each day of violation, or both, and in addition shall pay all costs and reasonable legal fees involved in the case. Nothing herein contained shall prevent the Town of Killingworth from taking such lawful action as is necessary to prevent or remedy any violation.