Oxford City Zoning Code
CHAPTER 152
FLOOD DAMAGE PREVENTION
§ 152.001 STATUTORY AUTHORIZATION.
In Conn. Gen. Stat. § 7-148(c)(7), the Legislature of the state delegates to local governmental units the responsibility of adopting regulations designed to promote the public health, safety and general welfare of its citizenry. Therefore, the town meeting does ordain as follows.
(Ord. passed 4-11-1991; Ord. passed 5-10-2010)
§ 152.002 FINDINGS OF FACT.
(A) The flood hazard areas of the town are subject to periodic inundation which results in 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 floodplains causing increases in flood heights and velocities, and by the occupancy in flood hazard areas by uses vulnerable to floods or hazardous to other lands which are inadequately elevated, floodproofed or otherwise unprotected from flood damages.
(Ord. passed 4-11-1991; Ord. passed 5-10-2010)
§ 152.003 STATEMENT OF PURPOSE.
It is the purpose of this chapter to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:
(A) 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;
(B) Require that uses vulnerable to floods, including facilities which serve those uses, be protected against flood damage at the time of initial construction;
(C) Control the alteration of natural floodplains, stream channels and natural protective barriers which are involved in the accommodation of floodwaters;
(D) Control filling, grading, dredging and other development which may increase erosion or flood damage; and
(E) Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands.
(Ord. passed 4-11-1991; Ord. passed 5-10-2010)
§ 152.004 OBJECTIVES.
The objectives of this chapter are:
(A) To protect human life and health;
(B) To minimize expenditure of public money 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;
(E) To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer line, streets and bridges located in floodplains;
(F) To help maintain a stable tax base by providing for the sound use and development of flood prone areas in a manner as to minimize flood blight areas; and
(G) To ensure that potential home buyers are notified that property is in a flood hazard area.
(Ord. passed 4-11-1991; Ord. passed 5-10-2010)
§ 152.015 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADDITION (TO AN EXISTING BUILDING). Any walled and roofed expansion to the perimeter of a building in which the addition is connected by a common load-bearing wall other than a fire wall. Any walled and roofed addition which is connected by a fire wall or is separated by independent perimeter load-bearing walls is new construction.
APPEAL. A request for a review of the Planning and Zoning Commission’s interpretation of any provision of this chapter or a request for a variance.
AREA OF SPECIAL FLOOD HAZARD. The area within a community subject to 1% or greater chance of flooding in any given year.
BASE FLOOD. The flood having a 1% chance of being equaled or exceeded in any given year.
BASE FLOOD ELEVATION (BFE). The elevation of the crest of the base flood or 100-year flood. The height in relation to mean sea level expected to be reached by the waters of the base flood at pertinent points in the floodplains of coastal and riverine areas.
BASEMENT. The portion of a building having its floor subgrade (below ground level) on all sides.
BREAKAWAY WALL. A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or the supporting foundation system.
BUILDING. Any structure built for support, shelter or enclosure for any occupancy or storage.
COST. 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; yard lights; irrigation systems; and detached structures such as garages, sheds and gazebos.
DEVELOPMENT. Any human-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, excavating or drilling operations or storage of equipment; the storage, deposition or extraction of materials; and the installation, repair or removal of public or private sewage disposal systems or water supply facilities.
ELEVATED BUILDING. A non-basement building built to have the lowest floor elevated above the ground level by means of fill, solid foundation perimeter walls, pilings, columns (posts and piers), shear walls or breakaway walls.
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION. A manufactured home park or subdivision for which 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 November 29, 1979, the effective date of the floodplain management ordinance adopted by the community.
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION. 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).
FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA). The federal agency that administers the National Flood Insurance Program (NFIP).
FINISHED LIVING SPACE. As related to fully enclosed areas below the base flood elevation (BFE), a space that is, but is not limited to, heated and/or cooled, contains finished floors (tile, linoleum, hardwood and the like), has sheetrock walls that may or may not be painted or wallpapered, and other amenities such as furniture, appliances, bathrooms, fireplaces and other items that are easily damaged by floodwaters and expensive to clean, repair or replace.
FLOOD or FLOODING. A general and temporary condition of partial or complete inundation of normally dry land areas from:
(1) The overflow of inland or tidal water; and
(2) The unusual and rapid accumulation or runoff of surface waters from any source.
FLOOD INSURANCE RATE MAP (FIRM). An official map of a community on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the applicable risk premium zones.
FLOOD INSURANCE STUDY. The official report by the Federal Emergency Management Agency. The report contains flood profiles as well as the flood insurance rate map and the water surface elevation of the base flood.
FLOODWAY. The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.
FLOOR. The top surface of an enclosed area in a building (including basement) i.e., top of slab in concrete slab construction or top of wood flooring in wood frame construction. The term does not include the floor of a garage used solely for parking of vehicles.
FUNCTIONALLY DEPENDENT USE OR FACILITY. 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 services facilities.
HIGHEST ADJACENT GRADE. The highest natural elevation of the ground surface, prior to construction, next to the proposed walls of a structure.
HISTORIC STRUCTURE. Any structure that is:
(1) Listed 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;
(2) 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;
(3) 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
(4) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
(a) By an approved state program as determined by the Secretary of the Interior; or
(b) Directly by the Secretary of the Interior in states without approved programs.
LOWEST FLOOR. The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistance 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 the area meets the design requirements specified in § 152.079 of this chapter.
MANUFACTURED HOME. A structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used 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.
MANUFACTURED HOME PARK OR SUBDIVISION. A parcel, or contiguous parcels, of land divided into two or more manufactured home lots for rent or sale.
MARKET VALUE. The market value of the structure shall be determined by the appraised value of the structure, using 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 damaged occurring.
MEAN SEA LEVEL (MSL). 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.
NEW CONSTRUCTION. Structures for which the “start of construction” commenced on or after November 29,1979, the effective date of this chapter (not the revision date), and includes any subsequent improvements to those structures.
NEW MANUFACTURED HOME PARK OR SUBDIVISION. 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 November 29, 1979, the effective date of the floodplain management regulation adopted by the community.
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.
RECREATIONAL VEHICLE. A vehicle which is:
(1) Built on a single chassis;
(2) Four hundred square feet or less when measured at the largest horizontal projection;
(3) Designed to be self-propelled or permanently towable by a light duty truck; and
(4) Designed primarily not for use as a permanent dwelling but as a temporary living quarters for recreational, camping, travel or seasonal use.
START OF CONSTRUCTION. For other than new construction or substantial improvements under the Coastal Barrier Resources Act (Pub. L. No.97-348), being 16 U.S.C. §§ 3501 et seq., includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction or improvement was within 180 days of the permit date. The actual start means the first placement of permanent construction of a structure (including a manufactured home) on a site, such as the pouring of slabs or footings, installation of piles, construction of columns or any work beyond the stage of excavation or placement of a manufactured home on a foundation. 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.
STRUCTURE. A walled and roofed building which is principally above ground, including a manufactured home, a gas or liquid storage tank or other human-made facilities or infrastructures.
SUBSTANTIAL DAMAGE. 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.
SUBSTANTIAL IMPROVEMENT.
(1) Any combination of repairs, re-construction, alteration or improvements to a structure taking place during the life of a structure, in which the cumulative cost equals or exceeds 50% of the market value of the structure.
(2) The market value of the structure should be:
(a) The appraised value of the structure (using the cost approach to value) prior to the start of the initial repair or improvement; or
(b) In the case of damage, the value of the structure prior to the damage occurring.
(3) For the 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 any improvement project required to comply with existing health, sanitary or safety code specifications which are solely necessary to assure safe living conditions.
VARIANCE. A grant of relief from the requirements of this chapter which permits construction in a manner otherwise prohibited by this chapter where specific enforcement would result in unnecessary hardship.
VIOLATION. 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 a time as that documentation is provided.
WATER SURFACE ELEVATION. The height, in relation to the North America 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.
(Ord. passed 4-11-1991; Ord. passed 5-10-2010)
§ 152.030 LANDS TO WHICH THIS CHAPTER APPLIES.
This chapter shall apply to all areas of special flood hazard within the jurisdiction of the town.
(Ord. passed 4-11-1991; Ord. passed 5-10-2010)
§ 152.031 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD.
(A) The areas of special flood hazard within the town are identified by the Federal Emergency Management Agency (FEMA) in its Flood Insurance Study (FIS) for New Haven County, Connecticut, dated December 17, 2010 accompanying flood insurance rate maps (FIRM), dated December 17, 2010, and other supporting data applicable to the town, and any subsequent revisions thereto, are adopted by reference and declared to be part of this chapter. Since mapping is legally adopted by reference into this chapter, it must take precedence when more restrictive until a time as a map amendment or map revision is obtained from FEMA.
(B) The area of special flood hazard includes any area shown on the FIRM as Zone 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 Flood Insurance Study (FIS) for a community.
(C) BFEs provided on 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.
(Ord. passed 4-11-1991; Ord. passed 5-10-2010)
§ 152.032 ESTABLISHMENT OF FLOODPLAIN MANAGEMENT SECTION OF THE ZONING PERMIT.
The applicable sections of the zoning permit must be completed in conformance with the provisions of this chapter and a zoning permit must be obtained by the applicant prior to the commencement of any development activities.
(Ord. passed 4-11-1991; Ord. passed 5-10-2010)
§ 152.033 COMPLIANCE.
No structure or land shall hereafter be located, extended, converted or structurally altered without full compliance with the terms of this chapter and other applicable regulations.
(Ord. passed 4-11-1991; Ord. passed 5-10-2010) Penalty, see § 152.999
§ 152.034 ABROGATION AND GREATER RESTRICTIONS.
This chapter is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this chapter and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
(Ord. passed 4-11-1991; Ord. passed 5-10-2010)
§ 152.035 INTERPRETATION.
In the interpretation and application of this chapter all provisions shall be:
(A) Considered as minimum requirements;
(B) Liberally construed in favor of the governing body; and
(C) Deemed neither to limit nor repeal any other powers granted under state statutes.
(Ord. passed 4-11-1991; Ord. passed 5-10-2010)
§ 152.036 WARNING AND DISCLAIMER OF LIABILITY.
(A) The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering consideration.
(B) Larger floods can and will occur on rare occasions. Flood heights may be increased by human-made or natural causes.
(C) This chapter does not imply that land outside the areas of special flood hazard or uses permitted within the areas will be free from flooding or flood damages.
(D) This chapter shall not create liability on the part of the town or any officer or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.
(Ord. passed 4-11-1991; Ord. passed 5-10-2010)
§ 152.050 DESIGNATION OF FLOODPLAIN ADMINISTRATOR.
The Town Planning and Zoning Commission is hereby appointed to administer and implement the provisions of this chapter.
(Ord. passed 4-11-1991; Ord. passed 5-10-2010)
§ 152.051 CERTIFICATION.
Where required under this chapter, a 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 chapter. This certification must be provided to the Town Planning and Zoning Commission.
(Ord. passed 4-11-1991; Ord. passed 5-10-2010)
§ 152.052 PERMIT PROCEDURES.
Prior to any development activities, application for a zoning permit shall be made to the Town Planning and Zoning Commission on forms furnished by the Commission. The application shall be accompanied by two sets of plans drawn to scale showing, at a minimum, the property lines and location of the parcel; existing and proposed contours; existing or proposed structures, fill, storage of materials, drainage facilities and the location of the foregoing.
(Ord. passed 4-11-1991; Ord. passed 5-10-2010)
§ 152.053 APPLICATION STAGE.
The following information shall also be submitted to the Town Planning and Zoning Commission:
(B) Elevation in relation to mean sea level to which any nonresidential structure will be floodproofed (§ 152.079(B));
(C) Description of the extent to which any watercourse will be altered or relocated as a result of proposed development;
(D) A statement as to whether or not the proposed alterations to an existing structure meet the criteria of the substantial improvement definition (§ 152.015);
(E) A statement as to whether there will be dry access to the structure during the 100-year storm event;
(F) Certification as to floodproofing, as required by § 152.079(B);
(Ord. passed 4-11-1991; Ord. passed 5-10-2010)
§ 152.054 CONSTRUCTION STAGE.
Upon completion of the applicable portion of construction the applicant shall provide the Town Planning and Zoning Commission with verification of the as-built lowest floor elevation, defined as the top of the lowest floor (including basement) (§§ 152.078 and 152.079(A)) or, in the case of floodproofed buildings, the elevation to which the floodproofing is effective (§ 152.079(B)).
(Ord. passed 4-11-1991; Ord. passed 5-10-2010)
§ 152.055 COMPLIANCE.
Deficiencies in the lowest floor elevation shall be corrected by the permit holder immediately and prior to further progressive work being permitted to proceed. Failure to submit an acceptable survey or failure to make corrections required hereby shall be cause for issuance of a stop-work order.
(Ord. passed 4-11-1991; Ord. passed 5-10-2010)
§ 152.056 DUTIES AND RESPONSIBILITIES OF THE PLANNING AND ZONING COMMISSION.
In the administration of this chapter, the Town Planning and Zoning Commission shall perform the following duties, among others:
(A) Review all permit applications to determine whether proposed building sites will be reasonably safe from flooding;
(B) Review all development permits to assure that the requirements of this chapter have been satisfied;
(C) Advise the permittee that additional federal or state permits may be required, and if specific federal or state permit requirements are known, require that copies of those permits be provided and maintained on file with the zoning permit. The additional permit requirements may include, but not be limited to:
(1) Stream channel encroachment line permit;
(2) Coastal area management permit;
(3) Water diversion permit;
(4) Dam safety permit; and
(5) Corps of Engineers 404 permit.
(D) Notify the regional planning agency and the affected municipality at least 35 days prior to the public hearing if any change of regulation or use of a flood zone will affect an area within 500 feet of another municipality;
(E) Notify adjacent communities and the Department of Environmental Protection, Inland Water Resources Management Division prior to any alteration or relocation of a watercourse and submit evidence of the notification to the Federal Emergency Management Agency;
(F) Assure that maintenance is provided within the altered or relocated portion of the watercourse so that the flood-carrying capacity is not diminished;
(H) Record the elevation (in relation to mean sea level) to which the new or substantially improved structures have been floodproofed, in accordance with § 152.079(B);
(I) Obtain and maintain all certifications required under this chapter and assure that they meet the standards of § 152.051 hereof;
(J) Make the necessary interpretation, where needed, as to the exact location of boundaries of the areas of special flood hazard (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in this section;
(K) 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 §§ 152.077 through 152.083, when base flood elevation data or floodway data have not been provided in accordance with Article 3, Section B; and
(L) Maintain all records pertaining to the provisions of this chapter.
(Ord. passed 4-11-1991; Ord. passed 5-10-2010)
§ 152.070 GENERAL STANDARDS.
In all areas of special flood hazard the following provisions shall apply:
(A) New construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;
(B) New construction and substantial improvements shall be constructed with materials resistant to flood damage;
(C) New construction or substantial improvements shall be constructed by methods and practices that minimize flood damage;
(D) Electrical, heating, ventilation, plumbing, air conditioning equipment and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding;
(E) New and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system;
(F) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the system into floodwaters;
(G) On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding; and
(H) In any portion of a watercourse which is altered or relocated the flood carrying capacity shall be maintained.
(Ord. passed 4-11-1991; Ord. passed 5-10-2010)
§ 152.071 MANUFACTURED HOMES.
All manufactured homes (including mobile homes, manufactured homes outside of a manufactured home park or subdivision, in a new manufactured home park or subdivision, in an existing manufactured home park or subdivision, in an expansion to an existing manufactured home park or subdivision, or in
an existing manufactured home park or subdivision on which a manufactured home has incurred substantial damage as a result of a flood) to be placed, substantially improved or repaired as a result of substantial damage shall be:
(A) Elevated so that the lowest floor is above the base flood elevation;
(B) 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 and hydrodynamic pressures. Anchoring may include, but not be limited to, the use of over-the-top or frame ties to ground anchors;
(C) Installed using methods and practices which minimize flood damage. Elevation construction standards include piling foundations placed no more than ten feet apart, and the provision of reinforcement for piers more than six feet above ground level;
(D) Adequate access and drainage should be provided;
(F) Recreational vehicles placed on sites within all areas of special flood hazard shall either:
(1) Be on site for fewer than 180 consecutive days and be fully licensed and ready for highway use; or
(2) Meet all the general standards of § 152.070 and the elevation and anchoring requirement of divisions (A) through (D) above. 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.
(Ord. passed 4-11-1991; Ord. passed 5-10-2010)
§ 152.072 ABOVE-GROUND STORAGE TANKS.
Above-ground storage tanks (oil, propane and the like) which are located outside or inside of the structure must either be elevated above the base flood elevation (BFE) or 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.
(Ord. passed 4-11-1991; Ord. passed 5-10-2010)
§ 152.073 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 requirements of the more restrictive zone.
(Ord. passed 4-11-1991; Ord. passed 5-10-2010)
§ 152.074 STRUCTURES IN TWO 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 Z 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.)
(Ord. passed 4-11-1991; Ord. passed 5-10-2010)
§ 152.075 NO STRUCTURE 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.
(Ord. passed 4-11-1991; Ord. passed 5-10-2010)
§ 152.076 STANDARDS FOR STREAM WITHOUT ESTABLISHED BASE FLOOD ELEVATIONS AND/OR FLOODING.
The Town Planning and Zoning Commission shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, including data developed pursuant to § 152.095(D) of this chapter, as criteria for requiring that new construction, substantial improvements, or other development in Zone A on the Community’s FIRM meet the standards in §§ 152.077 through 152.083.
(A) In A 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 along the watercourse when all anticipated development is considered cumulatively with the proposed development.
(B) Should data be requested and/or provided, 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.
(Ord. passed 4-11-1991; Ord. passed 5-10-2010)
§ 152.077 SPECIFIC STANDARDS.
In all areas of special flood hazard, A1-30, AE, AH, where base flood elevation data has been provided the following provisions shall apply: proof of dry access to structures during the 100-year event is required.
(Ord. passed 4-11-1991; Ord. passed 5-10-2010)
§ 152.078 RESIDENTIAL CONSTRUCTION.
New construction or substantial improvement of any residential structure shall have the lowest floor, including basement, elevated at least to one foot above the base flood elevation.
(Ord. passed 4-11-1991; Ord. passed 5-10-2010)
§ 152.079 NONRESIDENTIAL CONSTRUCTION.
(A) New construction or substantial improvement of any commercial, industrial or nonresidential structure located in Zone A1-30, AE and AH shall have the lowest floor, including basement, elevated at least to one foot above the level of the base flood elevation.
(B) Nonresidential structures located in all A zones may be floodproofed in lieu of being elevated provided that together with all attendant utilities and sanitary facilities the areas of the structure below the elevation which is one foot above the base flood elevation are water tight with walls substantially impermeable to the passage of water, and use structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. A 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 subsection. The certification shall be provided to the Town Planning and Zoning Commission as set forth in § 152.053(F).
(Ord. passed 4-11-1991; Ord. passed 5-10-2010)
§ 152.080 FULLY ENCLOSED AREAS BELOW BASE FLOOD ELEVATION.
Fully-enclosed areas below base flood elevation may be allowed by conditional variance only. New construction or substantial improvements of buildings that include full-enclosed areas formed by foundation and other exterior walls below the base flood elevation shall be designed to preclude finished living space and designed to allow for the automatic entry and exit of floodwaters to equalize hydrostatic flood forces on exterior walls.
(A) Designs for complying with this requirement must either be certified by a professional engineer or architect or meet the following minimum criteria:
(1) Provide a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding;
(2) The bottom of all openings shall be no higher than one foot above grade; and
(3) Openings may be equipped with screens, louvers, valves or other coverings or devices provided they permit the automatic flow of floodwaters in both directions. Non-supporting breakaway wall, lattice work or mesh screening may be allowed below the base flood elevation provided it is not part of the structural support of the building and is designed so as to breakaway, under abnormally high tides or wave action, without damage to the structural integrity of the building on which it is to be used and provided the following design specifications are met:
(a) Design safe loading resistance of each wall shall not be less than ten nor more than 20 pounds per square foot; or
(b) If more than 20 pounds per square foot, a registered professional engineer or architect shall certify that the design wall collapse would result from a water load less than that which would occur during the base flood event, and the elevated portion of the building and supporting foundation system shall not be subject to collapse, displacement or other structural damage due to the effect of wind and water loads acting simultaneously on all building components during the base flood event. Maximum wind and water loading values to be used in this determination shall each have 1% chance of being equaled or exceeded in any given year (100-year mean recurrence interval).
(B) Electrical, plumbing and other utility connections are prohibited below the base flood elevations.
(C) Access to the enclosed area shall be the minimum necessary to allow for 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).
(Ord. passed 4-11-1991; Ord. passed 5-10-2010)
§ 152.081 FLOODWAYS.
Located within areas of special flood hazard established in § 152.031 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris and potential projectiles and have erosion potential, no encroachments, including fill, new construction, substantial improvements and other developments shall be permitted unless certification (with supporting technical data) by a registered professional engineer is provided demonstrating that encroachments shall not result in any (0.00 feet) increase in flood levels during occurrence of the base flood discharge.
(Ord. passed 4-11-1991; Ord. passed 5-10-2010)
§ 152.082 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 100-year flood elevation, which would be displaced by the proposed project. Compensatory storage can be provided off-site if approved by the municipality.
(Ord. passed 4-11-1991; Ord. passed 5-10-2010)
§ 152.083 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 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 a way so as to cause an increase in flood storage or flood velocity.
(Ord. passed 4-11-1991; Ord. passed 5-10-2010)
§ 152.095 REQUIREMENTS.
In all special flood hazard areas 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 provide adequate drainage to reduce exposure to flood hazards; and
(D) Base flood elevation data shall be provided for all subdivision proposals and other proposed development (including manufactured home parks and subdivisions) which are five acres or 50 lots, whichever occurs first, and are located in Zone A.
(Ord. passed 4-11-1991; Ord. passed 5-10-2010)
§ 152.110 VARIANCES GENERALLY.
(A) The Zoning Board of Appeals as established by the town shall hear and decide appeals and requests for variances from the requirements of this chapter.
(B) The Zoning Board of Appeals shall hear and decide appeals when it is alleged there is an error in any requirement, decision or determination made by the Town Planning and Zoning Commission.
(C) Any person aggrieved by the decision of the Zoning Board of Appeals 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 the decision to the State Superior Court of Milford, as provided in Conn. Gen. Stat. § 8-8.
(Ord. passed 4-11-1991; Ord. passed 5-10-2010)
§ 152.111 SPECIFIC SITUATION VARIANCES.
(A) 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 or the state inventory of Historic Places without regard to the procedures set forth in the remainder of this section, except for Section 7.5.4.1 - 7.5.4.4 and provided the proposed reconstruction, rehabilitation or restoration will not result in the structure losing its historical character.
(B) Pre-existing, small lot location. Variances may be issued by a community for new construction and substantial improvements to be erected on a lot of one-half acre or less in size which is contiguous to and surrounded by lots with existing structures constructed below the base flood level, in conformance with Section 7.5.4.1 - 7.5.4.4.
(C) Functional-dependent uses. Variances may be issued for new construction and substantial improvement and other development necessary for the conduct of a functionally dependent use provided the structure or other development is protected by methods that minimize flood damage, creates no additional threat to public safety and meets the requirements of Section 7.5.4.1 - 7.5.4.4.
(D) Floodway prohibition. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
(Ord. passed 4-11-1991; Ord. passed 5-10-2010)
§ 152.112 CONSIDERATIONS FOR GRANTING OF VARIANCES.
(A) In passing upon applications, the Zoning Board of Appeals shall consider all technical evaluations, all relevant factors, all standards specified in other sections of this chapter and as follows:
(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 the 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 waterfront location, in the case of a functionally dependent facility;
(6) The availability of alternative locations which are 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 of 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.
(B) Upon consideration of the factors listed above, and the purposes of this chapter, the Zoning Board of Appeals may attach conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
(Ord. passed 4-11-1991; Ord. passed 5-10-2010)
§ 152.113 CONDITIONS FOR VARIANCES.
(A) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief; and in the instance of a historical building, a determination that the variance is the minimum necessary as not to destroy the historic character and design of the building.
(B) Variances shall only be issued 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, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.
(C) Any applicant to whom a variance is granted shall be given written notice specifying the difference between the base flood elevation and the elevation to which the structure is to be built and stating that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lower floor elevation up to amounts as high as $25 for $100 of insurance coverage.
(D) The Town Planning and Zoning Commission shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency in its biennial report.
(Ord. passed 4-11-1991; Ord. passed 5-10-2010)
§ 152.999 PENALTY.
Violation of the provisions of this chapter or failure to comply with any of its requirements, including violation of conditions and safeguards established in connection with grants of variance or special exceptions, shall constitute a misdemeanor. Any person who violates this chapter or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than $250 per day if proven done willfully and $100 per day if not, or imprisoned for not more than ten 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 from taking other lawful action as is necessary to prevent or remedy any violation.
(Ord. passed 4-11-1991; Ord. passed 5-10-2010)