Lyme City Zoning Code
ARTICLE 15
Floodplain District
§ 315-15.1 Purpose.
A.
Together with the other classes of districts referred to in these regulations, there shall be a Floodplain District which includes all or parts of such other districts to the extent that they are located in the floodplain area as shown on the Flood Insurance Rate Map (FIRM). The purposes of this district are as follows:
(1)
To regulate development of marshes and land which are subject to tidal or other flooding, in order to reduce hazards to public health and safety which would be present if such land were to be used for human occupancy;
(2)
To preserve ecological values;
(3)
To restrict or prohibit uses which are dangerous to health, safety and property due to water or erosion hazards or which result in damaging increases in erosion or in flood heights or velocities;
(4)
To require that uses vulnerable to floods be protected against flood damage at time of initial construction;
(5)
To control alteration of natural floodplains, streams, channels, and natural barriers which are involved in the accommodation of floodwaters; and
(6)
To qualify property within the Town of Lyme for eligibility under the Federal Flood Insurance Program.
B.
The degree of flood protection required by this regulation is considered the minimum reasonable for regulatory purposes and is based on scientific and engineering considerations 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 area will be free from flooding and flood damages. This regulation shall not create liability on the part of the Town of Lyme or 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 Lyme, its officers and employees shall assume no liability for another person's reliance on any maps, data or information provided by the Town of Lyme.
C.
This regulation is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this regulation and other ordinance, regulation, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
§ 315-15.2 Delineation of floodplain areas.
The areas of special flood hazard identified by the Federal Emergency Management Agency (FEMA) in its Flood Insurance Study (FIS) for New London County, Connecticut, dated July 18, 2011, and accompanying Flood Insurance Rate Maps (FIRM) dated July 18, 2011, and other supporting data applicable to the Town of Lyme, 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. The area of special flood hazard includes any area show on the FIRM as Zones A and AE, including areas designated as a floodway on a FIRM. Areas of special flood hazard are determined utilizing the base flood elevations (BFE) provided on the flood profiles in the FIS for a community. Base flood elevations provided on a FIRM are only approximate (rounded up or down) and should be verified with the BFEs published in the FIS for a specific location.
A.
Equal conveyance. Within the floodplain, except those areas which are tidally influenced, as designated on the Flood Insurance Rate Map 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 (0.00 feet) 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.
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.
§ 315-15.3 Definitions.
As used in Article 15, the following terms shall have the meanings indicated:
The flood having a one-percent chance of being equaled or exceeded in any given year.
The elevation of the crest of the base flood or one-hundred-year flood. The height in relation to mean sea level expected to be reached by waters of the base flood at pertinent points in the floodplains of coastal and riverine areas.
Any area of the building having its floor subgrade (below ground level) on all sides.
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 the construction of buildings or structures; the construction of additions, alterations or substantial improvements to buildings or structures; the placement of buildings or structures; mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment; the storage, deposition, or extraction of material; and the installation, repair or removal of public or private sewage disposal systems or water supply facilities.
The federal agency that administers the National Flood Insurance Program (NFIP).
The official map prepared for the Town of Lyme by the Federal Emergency Management Agency on which both special hazard areas and risk premium zones applicable to the Town of Lyme have been designated and is dated July 18, 2011, and as it may be amended.
ZONE AThe special flood hazard area shown on the FIRM which is subject to inundation by the one-hundred-year flood. Because detailed hydraulic analyses have not been performed, no base flood elevation is shown. Mandatory flood insurance purchase requirements apply.
ZONE AEThe special flood hazard areas shown on the FIRM which are subject to inundation by the 100-year flood determined in a Flood Insurance Study (FIS) by detailed methods. Base flood elevations are shown with these zones. Insurance risk level is indicated by the number. Mandatory flood insurance purchase requirements apply.
[Amended 9-12-2022]
The official report from the Federal Emergency Management Agency (FEMA) which contains examination, evaluation, and determination of flood hazards and, if appropriate, corresponding water elevations.
A general and temporary condition of partial or complete inundation of normally dry land areas from either the overflow of inland or tidal waters or unusual and rapid accumulation and accumulation/runoff of surface waters from any source.
The land in the floodplains within the Town of Lyme that is subject to a one-percent or greater chance of flooding in any given year and designated as A and AE Zones on the FIRM.
Watertight with walls substantially impermeable to the passage of water, with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.
Any combination of structural or nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property or sanitary facilities, structures or their contents.
The channel of a river or other watercourse and the adjacent land areas which must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.
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 only 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.
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;
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).
As related to substantial improvement and substantial damage, the value of the structure shall be determined by the cost approach to value method prior to the start of the initial repair or improvement, or in the case of damage, the value of the structure prior to the damage occurring.
For purposes of the National Flood Insurance Program, 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 are referenced.
Structures for which the start of construction commenced on or after the effective date of the initial FIRM (January 3, 1979), and includes any subsequent improvements to such structures.
Including substantial improvement, means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation, or the placement of a manufactured home on a foundation. 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 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.
For floodplain management purposes, 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 infrastructure.
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 repair, reconstruction, addition, or other improvement of a structure, taking place during a five-year period, the cumulative cost of which equals or exceeds 50% of the market value of the structure using the cost approach to value method (i.e. market value determination is based on the depreciated replacement cost of the structure using current rates for materials, equipment, and labor), before the start of construction of the improvement. 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:
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
Any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a 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.
A failure of a structure or other development to be fully compliant with the community's floodplain management ordinance. 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 (NAVD) of 1988 (or other datum, where specified), of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.
§ 315-15.4 Enforcement of Floodplain District regulations.
A.
The enforcement officer for this article shall be the Zoning Enforcement Officer or other such person as the Commission may designate. The enforcement officer shall have the following responsibilities:
(1)
Require permits for all proposed construction or other development in any special flood hazard area.
(2)
Review permits for proposed development to assure that all other necessary permits have been received from those governmental agencies from which approval is required by federal, state or municipal law.
(3)
Review all permit applications to determine whether proposed building sites will be reasonably safe from flooding. If a proposed building site is in a flood-prone area, all new construction and substantial improvements (including the placement of prefabricated buildings) shall:
(a)
Be designed (or modified) and adequately anchored to prevent flotation, collapse, or lateral movement of the structure;
(b)
Be constructed with materials resistant to flood damage;
(c)
Be constructed by methods and practices that minimize flood damage; and
(d)
Be constructed with electrical, heating, ventilation, plumbing, and air-conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating with the components during conditions of flooding.
(4)
Review subdivision proposals and other proposed new development to determine whether such proposals will be reasonably safe from flooding. If a subdivision proposal or other proposed new development is in a flood-prone area, any such proposals shall be reviewed to assure that:
(a)
All such proposals are consistent with the need to minimize flood damage within the flood-prone area;
(b)
All public utilities and facilities, such as sewer, gas, electrical, and water systems, are located and constructed to minimize or eliminate flood damage; and
(c)
Adequate drainage is provided to reduce exposure to flood hazards.
(5)
Require that all subdivision proposals and other proposed new developments greater than 50 lots or five acres, whichever is less, include base flood elevation data.
(6)
Require that new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.
(7)
Require that:
(a)
New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters; and
(b)
On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding.
B.
In addition to the above requirements, the ZEO shall have the following responsibilities:
(1)
In unnumbered A Zones, obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state, or other source as criteria for requiring that:
(a)
All new construction and substantial improvements to residential structures have the lowest floor (including basement) elevated to or above base flood elevation; and
(b)
All new construction and substantial improvements to nonresidential structures have the lowest floor (including basement) elevated or floodproofed to or above the base flood elevation. Nonresidential floodproofing standards are provided in § 315-15.4B(3) and (4) below.
(2)
In AE Zones, as shown on the FIRM, require that all new construction and substantial improvements of residential structures have the lowest floor (including basement) elevated to or above the base flood elevation.
(3)
In AE Zones, require that new construction and substantial improvement of nonresidential construction:
(a)
Have the lowest floor (including basement) elevated to or above the base flood elevation; or
(b)
Together with attendant utility and sanitary facilities, be designed so that below the base flood elevation the structure 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.
(4)
Provide that where floodproofing is utilized for a particular structure, a registered professional engineer or architect shall certify that the floodproofing methods are adequate to withstand the flood depths, pressures, velocities, impact and uplift forces and other factors associated with the base flood, and a record of such certificates indicating the specific elevation (in relation to mean sea level) to which such structures are floodproofed shall be maintained.
(5)
In the floodway, as shown on the Flood Insurance Rate Map:
(a)
Any encroachment, including fill, new construction, substantial improvement and other developments, shall be prohibited if such activity would result in any (0.00 feet) increase in flood levels within the Town of Lyme, and compliance thereto may be demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice, certified by a licensed professional engineer, with supporting technical data. Fences in the floodway must be aligned with the flow and be of an open design.
(b)
In zones where base flood elevations have been determined, but before a floodway is designated, no new construction, substantial improvement, or other development (including fill) shall be permitted which will increase base flood elevations more than one foot at any point in the community when all anticipated development is considered cumulatively with the proposed development.
(c)
The Town may request floodway data of an applicant for watercourses without FEMA published floodways. When such data is provided by an applicant or whenever such data is available from any other source (in response to the Town's request or not), the Town shall adopt a regulatory floodway based on the principle 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 along the watercourse.
(6)
The ZEO shall notify, in riverine situations, adjacent communities and the Department of Energy and Environmental Protection prior to approving any alteration or relocation of a watercourse and submit copies of such notifications to the Federal Emergency Management Agency.
(7)
The ZEO shall assure that the flood-carrying capacity within the altered or relocated portion of any watercourse is maintained.
(8)
The ZEO shall:
(a)
Obtain the as-built elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures and whether or not such structures contain basements.
(b)
Obtain, if the structure has been floodproofed, the elevation (in relation to mean sea level) to which the structure was floodproofed.
(c)
Maintain a record of all such information.
C.
Recreational vehicles placed on sites within Zones A and AE, as shown on the FIRM, shall be on the site for fewer than 180 consecutive days and be fully licensed and ready for highway use. A recreational vehicle is ready for highway use if it is on wheels or jacking system, is attached to the site only by quick-disconnect-type utilities and security devices, and has no permanently attached additions.
§ 315-15.5 Variances.
The ZEO shall maintain a record of all flood protection variance actions, including justification for their issuance, and report such variances issued in the required biennial report submitted to the administrator.
A.
An applicant for a variance to this article shall be notified by the ZEO that the issuance of a variance to construct a structure below the base flood level will result in increased rates for insurance coverage commensurate with the increased risk, up to amounts as high as $25 for $100 of insurance coverage, and that such construction shall be maintained with a record of all flood protection variance actions.
B.
A variance shall not be granted if the Lyme Zoning Board of Appeals determines that:
(1)
The variance would result in any increase in flood levels of the designated floodway during the base flood discharge;
(2)
Granting of the variance would result in increased flood heights, additional threats to public safety, or extraordinary public expenses or create a nuisance.
(3)
No exceptional hardship would result from the failure to grant the variance.
§ 315-15.6 Uses permitted in Floodplain Districts (FP-40).
A.
Parks, boat landings, playgrounds and wildlife sanctuaries operated by governmental units or nonprofit corporations.
B.
Game farm, wildlife propagation and similar conservation activities.
C.
Farming, truck or nursery gardening.
D.
Private boat landings and private swimming facilities.
E.
Hunting and fishing in accordance with applicable state and local regulations.
§ 315-15.7 Uses prohibited.
A.
No land in any such district shall be filled or paved, nor shall any natural grades be changed nor any watercourses altered or obstructed, except with the approval of the Planning and Zoning Commission, provided that such Commission shall have found that the proposed fill or paving will not increase the hazards from flood conditions, including tidal flooding, is not inconsistent with the purposes of the Conservation Zone as stated in Article 14 of these regulations, and will not adversely affect drainage or groundwater conditions nor substantially reduce the economic value of such land as a source of food supply for fish and shellfish, and will not otherwise be detrimental to the public health, safety and welfare.
B.
No building or structure shall be constructed, altered, enlarged, or moved in any Floodplain District except a building which is accessory to a use permitted under § 315-15.6.
C.
Manufactured homes are prohibited within the special flood hazard areas.
§ 315-15.8 Minimum lot area and width.
No parcel of land in any Floodplain District shall be divided so that any lot or any portion thereof shall be less in area than 40,000 square feet or less in width than 100 feet.
§ 315-15.9 Aboveground storage tanks.
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 screw fill cap that does not allow for the infiltration of floodwater.
§ 315-15.10 Portion of structure in flood zone.
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.
§ 315-15.11 Structures in two or more flood zones.
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.
§ 315-15.12 Structures entirely or partially over water.
New construction, substantial improvements and repair to structures that have sustained substantial damage cannot be constructed or located entirely or partially over water unless it is a functionally dependent use or facility.