1.

Planning officer. A planning officer designated by the town manager shall administer and enforce appendix A - Zoning and appendix B - Subdivision and Land Development of the town Code, including the official zoning map. The planning officer may receive assistance from other individuals as directed by the town manager or their assigned. The planning officer is responsible for the planning the town's physical development and growth, including recommendations for the revision of the comprehensive plan and applicable sections of the town Code related to planning, development, economic development, and historic preservation. Nothing herein shall limit multiple employees being designated as a planning officer by the town manager to ensure continuity of operations; however, a primary lead planning officer shall be designated and fulfill the tasks of planning officer as outlined.

2.

Enforcement. A planning officer shall be a sworn code enforcement constable with authority to administer and enforce the terms set forth in appendix A - Zoning. The town manager may delegate such duties and responsibilities to other staff members, including other sworn code enforcement constables. Sworn code enforcement constables shall have authority to issue administrative orders, determine reasonable abatement periods and procedures, enter into abatement agreements on behalf of the town, and issue civil citations and civil monetary penalties for violations of appendix A - Zoning.

3.

Planning and zoning commission.

a.

Membership and terms of office.

i.

The planning and zoning commission (also referred to as simply the planning commission) shall be composed of five members, appointed by the mayor and subject to town council confirmation. Each member shall be a resident and/or property owner in the town with an interest or experience in land use planning and development.

ii.

Planning commission members shall be appointed for a term of five years on a staggered basis with one member's term expiring annually. A member may serve an unlimited number of terms with all appointments and renewal terms at the discretion of the mayor and town council.

iii.

Any planning commission member may be removed for cause by a majority vote of the mayor and council after a public hearing is held. Vacancies shall be filled for the remainder of the unexpired term in the same manner as the original appointment.

iv.

The planning commission shall elect officers each year.

v.

Within two years of their appointment, each member shall complete appropriate planning education courses recommended by the planning officer and approved by the town manager. Failure to complete the approved courses shall be grounds for removal. The town shall pay all registration fees for all required planning education courses and seminars. The town manager may waive a member's planning education requirement if that member has previously completed sufficient planning education courses as determined by the town manager.

vi.

Planning commission members shall serve without compensation, but they shall be reimbursed by the town for continuing education, travel, and other necessary expenses incurred in the performance of their duties. Expense reimbursement shall be consistent with town professional development policies and as approved by the town manager.

b.

Powers and duties.

i.

The planning commission makes recommendations to the town council regarding Category A site plans and conditional use applications. The planning commission has final decision-making authority to approve Category B site plans.

ii.

The planning commission makes advisory recommendations to the mayor and town council and the planning officer specifically related to the comprehensive plan, the zoning maps, and rules and regulations relating to appendix A - Zoning and appendix B - Subdivision and Land Development of the town Code.

iii.

The planning commission shall hold regular monthly meetings on dates determined by the commission; provided, however, that nothing shall prohibit the commission from cancelling a meeting or holding special meetings at the direction of the chairman. The planning commission may only take action by a majority vote of those members present at a duly noticed public meeting.

iv.

The planning commission may seek, as a body and not individually, the advice of outside agencies and organizations regarding matters pertaining to the planning commission, including but not limited to federal, state, county, or local governments and agencies, and public and private organizations with expertise in the field of planning. The planning commission shall coordinate such advise through the planning officer or town council, upon consensus direction. The planning commission does not, however, possess the authority to unilaterally incur expenses without approval of the town manager.

v.

The planning commission is not authorized to enter into any contract or agreement with any public or private organization or entity but may recommend such course of action to the town council or town manager.

vi.

The town council may assign additional duties to the planning commission.

4.

Technical advisory committee (TAC).

a.

Purpose and membership. The technical advisory committee (TAC) provides a mechanism for various agencies and departments to participate in Category A and B site plan reviews in order to provide comments on site plans and resolve conflicts and competing concerns. The TAC shall consist of the town manager or their designee, planning officer, town engineer(s), and representatives of the public works department, police department, Citizens' Hose Company, American Legion Ambulance Station 64, and any other agencies or individuals recommended by the planning officer and authorized by the town manager.

b.

Preapplication meetings.

i.

Upon receiving a preapplication meeting request, the planning officer shall schedule a preapplication meeting at which the applicant shall present the proposed development project or concept plan to, and ask questions of, TAC members. TAC members shall submit written comments to the planning officer no later than ten business days after the preapplication meeting for the planning officer to compile and disseminate to the applicant.

ii.

A preapplication meeting is required prior to the submission of any concept plan or subdivision application unless waived by the planning officer due to the project's simplicity. The planning officer may approve multiple preapplication meetings based on a project's complexity. Any waiver of application shall be noticed to the TAC members in writing for awareness and stating the basis for the waiver.

c.

TAC meetings.

i.

Upon determining that a concept plan or preliminary plan is ready for TAC review, the planning officer shall forward the plan to the TAC for review and comments at the next available TAC meeting, with at least ten business days to complete the review and comments before the next available TAC meeting.

ii.

TAC members have five business days after the TAC meeting to submit written comments to the planning officer, who shall consolidate and disseminate the review comments to the applicant.

d.

Compliance review meetings (CRM). Once an applicant has addressed comments from TAC, the town council, and/or the planning commission, the applicant shall submit the final plans to the planning officer, who shall disseminate the plans to the TAC members. Within ten business days of receiving the revised plans, TAC members shall provide detailed written comments or letters of no objection to the planning officer. Upon review of the written comments, the planning officer may either recommend approval of the project to the town manager or schedule a CRM if substantive issues in the final plans still need to be resolved by the TAC. Once all TAC comments have been resolved in accordance with all applicable town Code requirements, specifications, and other established criteria, the planning officer may recommend the plans be finalized, approved, and, if necessary, recorded in the office of the recorder of deeds for Kent or New Castle County.

5.

Site plans. Site plans are required to ensure appropriate design, arrangement, and appearance of new development projects consistent with the standards in appendix A - Zoning, to ensure consistency with the comprehensive plan, to ensure the development project is in harmony with the character of the neighboring properties and neighborhoods, and to ensure the adequacy and availability of public facilities and services.

a.

Category A site plan review. Category A site plan review shall be required for the following development projects:

i.

Non-residential or mixed-use development projects not part of a planned industrial park development within the IORP District that:

(1)

Exceed 50,000 square feet of gross floor area; or

(2)

Are located on a parcel on which the cumulative development from all development projects since January 1, 2022, including the proposed development project, will have exceeded 50,000 square feet of gross floor area.

ii.

New multi-family dwelling developments that:

(1)

Exceed 50 dwelling units; or

(2)

Are located on a parcel on which the cumulative number of dwelling units developed since January 1, 2022, including the proposed dwelling units, will have exceeded 50 dwelling units.

b.

Category B site plan review. Category B site plan review shall be required for the following uses and projects:

i.

Non-residential or mixed-use additions or development projects not qualifying for a Category A or C site plan review or not otherwise exempt from site plan review.

ii.

Multi-family dwelling development projects with up to 50 dwelling units.

iii.

Additions over 5,000 square feet to non-residential buildings not located in the IORP District.

iv.

Additions over 10,000 square feet in the IORP District.

c.

Category C site plan review. Category C site plan review shall be required for the following development projects:

i.

Additions up to 5,000 square feet to non-residential buildings not located in the IORP district.

ii.

Additions up to 10,000 square feet in the IORP District.

iii.

Additions to multi-family dwellings that do not increase the total number of dwelling units.

d.

The following uses and structures are exempt from site plan review:

i.

New residential construction for single-family dwellings, two-family dwellings, semi-detached dwellings, and attached (townhouse) dwellings.

ii.

Additions to single-family dwellings, two-family dwellings, semi-detached dwellings, and attached (townhouse) dwellings.

iii.

Accessory structures as defined in section 19 of appendix A - Zoning of the town Code.

6.

Category A and B site plan review procedures.

a.

Concept site plan. The concept site plan review allows the planning commission to informally review a development project proposal prior to the applicant expending significant resources on a fully engineered site plan. The town council reviews Category A concept site plans after the planning commission's review of the concept site plan. Both the planning commission and town council shall review concept site plans at duly noticed public meetings. The concept site plan is optional for Category B site plan reviews and does not include review by the town council. A concept site plan would be submitted after a preapplication TAC review.

i.

Prior to submitting the concept site plan to the planning commission, the planning officer reviews the plan and distributes it to the TAC for review at a TAC meeting.

ii.

As part of a concept site plan review, the applicant briefs the planning commission about the development project. The planning commission reviews the proposed design and any potential alternatives, the availability of public infrastructure and services, and identifies any potential impact studies that may be needed. The planning commission takes no final action on the concept site plan but may make recommendations regarding the overall design, character, and scale of the development project.

iii.

With a Category A site plan, the town council reviews the concept site plan and makes recommendations following the same standards and procedures outlined for planning commission review of concept site plans.

iv.

The planning officer shall mail written notice to the applicant and all adjoining property owners stating the date, time, and place the concept plan will be reviewed by the planning commission (and if applicable, the town council), a brief description of the project, and the applicant's name. Such notice shall be sent by first class mail and postmarked at least 14 days prior to the planning commission meeting.

v.

Concept site plans shall consist of a scaled site plan showing the layout of existing and proposed buildings, open spaces, street and pedestrian networks, and parking areas. Site plans shall be 24 inches by 36 inches, with a scale of one inch equaling no more than 50 feet. Site plans shall include, at a minimum, the following items and attributes:

(1)

North arrow and written and graphic scale;

(2)

Legend of all symbols and line types;

(3)

Vicinity map with a scale of one inch equaling no more than 1,000 feet, showing the parcel's location and adjoining parcels and streets within the surrounding area;

(4)

Address and tax map parcel number of the parcel(s);

(5)

Property owner name and address;

(6)

Deed and plot references for the parcel(s), listing all applicable easements on the parcel(s);

(7)

Site area of the parcel(s) in square feet and acres;

(8)

Existing and proposed zoning district of the parcel(s);

(9)

Table outlining how the development project's setbacks, lot dimensions, lot coverage, parking, etc., compare to the required zoning bulk standards;

(10)

Owner names, tax map parcel numbers, zoning classification, and deed references of all adjacent parcels;

(11)

Location, width, ownership, and accompanying deed references of all streets and rights-of-way running adjacent to or through the development project area;

(12)

Outline of all existing and proposed water, sewer, electric, stormwater, and other public or private infrastructure lines and features, with accompanying labels or descriptions;

(13)

Topographic contours at a minimum of two-foot intervals as delineated pursuant to the state LIDAR GIS data, unless determined by the planning officer to be unnecessary based on the topography of the property;

(14)

Outline of all existing and proposed buildings and uses on the parcel(s), with the accompanying size and description of each building and use;

(15)

Outline of all existing and proposed parking and loading areas, driveways, sidewalks, crosswalks, bike or shared use paths, and other paved areas; and

(16)

Plan view shall be shown in NAD 83 datum.

vi.

Concept site plans shall include the proposed size and square footage of all buildings and uses, including the number of dwelling units (where applicable).

vii.

Concept site plans shall include a narrative of the projected impact on public infrastructure and services, including but not limited to water, sewer, electric, roads, and natural gas. The narrative should describe how the development project will hook into the public infrastructure, which shall be shown on the concept plan.

viii.

With phased developments, the concept site plan shall include a master plan and narrative outlining how the project and any accompanying infrastructure or site improvements will be phased.

ix.

Concept site plans shall demonstrate the architectural theme by providing potential illustrations and/or narratives of design concepts.

b.

Preliminary site plan. The purpose of the preliminary site plan is to present a detailed layout and design of the proposed development project. The preliminary site plan enables the town to determine whether the proposed project complies with the applicable design standards and requirements outlined in appendix A - Zoning and appendix B - Subdivision and Land Development Ordinance. Final design and engineering of stormwater and infrastructure facilities do not need to be completed at this stage. Prior to submitting a Category A preliminary site plan, the site plan shall be reviewed by the state office of state planning coordination preliminary land use service (PLUS), but the applicant shall not be required to address PLUS comments until the final site plan.

i.

Prior to submitting the preliminary site plan to the planning commission, the planning officer reviews the preliminary site plan and distributes the completed plan to the TAC for review at a TAC meeting.

ii.

The planning commission reviews preliminary site plans to ensure compliance with all town Code requirements and recommendations provided during the concept site plan review. With Category A site plans, the planning commission recommends to the town council that the preliminary site plan be approved, approved with conditions, or denied. With Category B site plans, the planning commission has final decision-making authority to approve, approve with conditions, deny, or table the preliminary site plan application on account of insufficient information.

iii.

After a recommendation is issued by the planning commission for a Category A preliminary site plan, the town council reviews it at its next available public meeting to ensure compliance with all town Code requirements and recommendations provided during the concept plan review. The town council votes to approve, approve with conditions, deny, or table the preliminary plan application on account of insufficient information.

iv.

The planning officer shall mail written notice to the applicant and all adjoining property owners stating the date, time, and place the preliminary site plan will be reviewed by the planning commission (and if applicable, the town council), a brief description of the project, and the applicant's name. Such notice shall be sent by first class mail and postmarked at least 14 days prior to the date of the planning commission meeting.

v.

Preliminary site plans shall include all concept site plan requirements identified in section 6.a.v and the following:

(1)

Open space and recreational amenities, stormwater management and drainage facilities.

(2)

Name, seal, address, certification and signature of person, firm or organization preparing the site plan. This certification shall be in the following form:

I, _______ hereby certify that I am a registered engineer, land surveyor, or architect, that the information shown hereon has been prepared under my supervision and to the best of my knowledge and belief represents good engineering, surveying and/or architectural practices as required by the laws of state in which I am licensed.

(3)

Name, address, certification, and signature of the owner of record. Owner certification shall be in the following form:

I, _______, hereby certify that I am the owner of the property described and shown on this plan and that the plan was made at my direction. I acknowledge the same to be my act, and I desire the plan to be recorded according to law.

(4)

Certification of town engineer as follows:

The final site plan conforms to the applicable town zoning and subdivision ordinances.

Certification of town manager as follows:

Town council (or planning commission) approved this site plan at a public meeting held on ________. A building permit for construction activity must be issued within two years of the date of final plan approval on ________ or the site plan approval will expire.

(5)

Delineation and label of all existing and proposed property lines. All distances shall be given in feet and tenths of a foot. All angles shall be given to at least the nearest ten seconds. The error of closure shall not exceed one in 10,000.

(6)

Topographic contours at a minimum of one-foot intervals, as delineated by a professional survey, unless determined by the planning officer to be unnecessary for the project based on the topography of the property.

(7)

Delineation of all proposed easements, including dimensions and an accompanying statement of purpose.

(8)

Delineation of wetland areas, if present. The site plan shall include a notation indicating the name of the wetlands consultant and the date of the field analysis and report.

(9)

Delineation of the 100-year floodplain, if present, and a notation indicating the applicable FEMA map number.

(10)

Landscape plan identifying existing and proposed vegetation and trees, including a table outlining the number and specie(s) of all proposed trees and vegetation.

(11)

Lighting plan identifying existing and proposed street lighting and parking lot lighting, including specifications for the height and model of all proposed lighting.

(12)

Delineation of all proposed open spaces and recreational amenities (if applicable) with an accompanying narrative of the amenities, including the square footage and site furnishing to be provided.

(13)

Those applicable general notes outlined in appendix 6 of the Subdivision and Land Development Ordinance of the town Code.

(14)

Locations delineated pursuant to a field survey of all existing and proposed water, sewer, electric, stormwater, and other public or private infrastructure lines and features, with accompanying labels or descriptions.

c.

Final plan. The purpose of the final plan review is to ensure that all review comments and conditions of approval from the TAC, planning commission, and town council (if applicable) have been addressed and to finalize any and all necessary and applicable easement agreement or public works and development agreement.

i.

The applicant shall provide the planning officer with all applicable state and county agency approvals prior to or in conjunction with the submission of the final plan. With Category A site plans, the applicant shall have addressed all PLUS comments prior to the submission of the final site plan. The applicant shall provide the PLUS comments, along with a summary of how the comments have been addressed.

ii.

Final plan contents. The final site plan shall include those items required in section 6.b.v for preliminary site plans.

iii.

The planning officer shall disseminate the final site plan to the TAC for review to ensure all comments and conditions of approval have been satisfied. TAC members shall provide written notice of concurrence or non-compliance within ten business days from receipt of the final plan. The planning officer shall recommend final site plan approval if all comments and conditions of approval have been satisfied. If comments and conditions have not been addressed, or if substantial changes were made to the preliminary site plan, the planning officer may require the applicant to repeat the preliminary plan review process as set forth in section 6.B.

iv.

When a public works and development agreement is required, the final approval is conditioned upon the agreement(s) being approved and fully executed by the town manager and applicant, including the payment of any associated fees, if applicable.

v.

No development may commence and no building permits or zoning compliance certificates may be issued until the applicant obtains final site plan approval and all other requirements in this Code have been satisfied.

7.

Category C site plan procedures. Category C site plans are small projects of minor impact that the planning officer administratively reviews and approves.

a.

The planning officer reviews Category C site plans and distributes completed plans to the TAC for review at a TAC meeting.

b.

Once the applicant addresses all TAC comments, the applicant shall resubmit the site plan and all state and county agency approvals to the planning officer for final review and approval. The planning officer shall provide written confirm of final approval to the TAC members.

c.

No development may commence and no building permits or zoning compliance certificates may be issued until the applicant obtains final site plan approval, and all other requirements in this Code have been satisfied.

d.

Category C site plans shall include those items identified in section 6.b.v for preliminary site plans.

8.

Waiver of site plan content requirements. The planning officer may waive site plan content requirements where the content for which a waiver is requested (i) is not necessary to determine that the development project will conform with and be developed pursuant to all applicable development regulations of the town Code and (ii) would be unduly burdensome for the applicant to include on the site plan. This site plan content waiver provision shall apply to all Category A, B, and C site plans. Site plan content requirements may be waived upon the independent determination of the planning officer or upon the written request of the applicant.

9.

Recordation of approved site plans. After obtaining final approval, all site plans must be signed by all required parties and recorded at the office of the recorder of deeds for the county in which the property is located. One paper copy and a digital copy of the stamped and recorded plans shall be returned to the town.

10.

Amendments to approved site plans.

a.

Applications for amendments to approved site plans shall be submitted to the planning officer. A site plan amendment creating one or more of the following conditions shall be considered a major amendment necessitating additional review and approval by the town:

i.

One or more conditions of approval imposed by the planning commission or town council have not been satisfied.

ii.

The number of approved dwelling units has increased by more than five percent or the gross floor area of all the buildings on the site has increased by more than ten percent.

iii.

The front of one or more buildings is facing a different direction than what was approved.

iv.

One or more vehicular entrances has changed locations.

v.

The open space and/or recreational amenities have changed sizes or locations.

b.

Major amendments to Category C site plans shall be reviewed at a TAC meeting, and major amendments to Category A and B site plans must repeat the preliminary plan approval process set forth in section 6.b. Once major site plan amendments have been reviewed as set forth herein, the applicant shall submit final site plans to the planning officer to review and verify that all comments and conditions of approval have been satisfied.

c.

Once the planning officer issues final approval for the site plan amendment, the amended site plan shall be recorded in the office of the recorder of deeds in and for the county in which the project is located.

11.

Expiration of approved site plan.

a.

Preliminary site plan. Preliminary site plan approvals issued by the town council for Category A site plans or the planning commission for Category B site plans shall expire unless a completed final plan has been received by the town within two years of the approval date. The governing body granting final approval may grant one extension of 18 month[s] for good cause shown.

b.

Final site plan. Final site plans shall expire within two years of the approval date unless a building permit has been issued for at least the first phase of the development. The body granting final approval may grant one extension of 18 months for good cause shown.

c.

Procedures for site plan extensions. The applicant shall submit a written extension request to the planning officer at least 30 days prior to the site plan's expiration. The governing body granting final approval shall issue a decision on the extension request within 60 days of the planning officer receiving the request or the request shall be deemed approved.

12.

Certificate of zoning compliance.

a.

Purpose. The planning officer issues a certificate of zoning compliance after confirming that a proposed use complies with the authorized uses and corresponding requirements for the zoning district in which the property is located. A certificate of zoning compliance shall be required whenever a non-residential use changes or prior to the establishment of a new non-residential use. A certificate of zoning compliance may be required for temporary uses and structures set forth in appendix A - Zoning when the temporary use or structure is anticipated to be established for longer than 60 days. The planning officer shall maintain a record of all certificates of zoning compliance.

b.

The planning officer shall issue the certificate of zoning compliance if:

i.

The proposed use is permitted and complies with all zoning district requirements in section 5 of appendix A - Zoning.

ii.

Adequate off-street parking and loading areas exist to accommodate the proposed use as required in section 6.1 of appendix A - Zoning.

iii.

When required, site plan approval has been issued for the development project.

iv.

The parcel or structure is not subject to any violations of the town Code.

c.

Temporary certificate of zoning compliance. The planning officer may issue a temporary certificate of zoning compliance for up to six months to allow occupancy during alterations or improvements to a property, provided that the temporary certificate of zoning compliance may require such conditions and safeguards as will protect the safety of the occupants and the public.

d.

Revocation. The planning officer may revoke a certificate of zoning compliance if the requirements of this chapter or the conditions of approval are violated.

13.

Certificate of occupancy. A certificate of occupancy shall not be issued for a development project until all site improvements and amenities identified on the site plan have been completed in accordance with all town codes and regulations. Notwithstanding the foregoing, if a development project will be constructed in a manner that permits portions of the project to be occupied prior to the completion of the entire project, certificates of occupancy may be issued for portions of the project before the completion of all site improvements and amenities, provided that certificates of occupancy shall not be issued for more than 75 percent of the total square footage of the floor area of all approved buildings on the site plan until all site improvements and amenities identified on the site plan have been completed in accordance with all town codes and regulations.

14.

Bonding and public works agreements. Prior to the commencement of development or the issuance of building permits or zoning compliance certificates, all Category A, B, and C site plans that will include the installation of utility improvements, roadways, or any other site improvements that will be dedicated to the town must be bonded with approved surety pursuant to the requirements in appendix B - Subdivision and Land Development Ordinance, and the property owner must enter into a public works and development agreement with the town. All improvements and development must be constructed in accordance with the town's standard specifications and details for water mains, sanitary sewers, storm drains, streets, roads, and electric, including all amendments and updates thereto, and any corresponding or subsequent manual or document adopted by the town governing construction standards in the town.

15.

Floodplain subdistrict. Criteria for construction or placement of structure and plan approval.

a.

Building permits.

i.

No building permits will be issued by the administrative official until it has been determined that any new construction or substantial improvements in the floodplain subdistrict are:

(1)

Designed (or modified) and adequately anchored to prevent flotation, collapse or lateral movement;

(2)

Constructed with materials and utility equipment resistant to flood damage;

(3)

Constructed by methods and practices that minimize flood damage;

ii.

Depending on the type of structure involved, the following information shall be included in the building permit for work within the floodplain subdistrict:

(1)

A plan showing the size of the proposed structure and its relation to the lot where it is to be constructed.

(2)

A determination of elevations of the existing ground, proposed finished ground and lowest floors, certified by a registered professional engineer, surveyor or architect.

(3)

Plans showing the method of elevating the proposed structures, including details of proposed fill, pile structures, retaining walls, foundations, erosion protection measures, etc. When required by the administrative official, these plans shall be prepared by a registered professional engineer or architect.

(4)

Plans showing the methods used to protect utilities, (including sewer, water, telephone, electric, gas, etc.) from flooding to the base flood elevation at the building site.

(5)

For structures to be elevated to one foot above the base flood elevation (nonresidential structures only):

(a)

Plans showing details of all floodproofing measures, prepared by a registered professional engineer or architect, and showing the size of the proposed structure and its relation to the lot where it is to be constructed;

(b)

A determination of elevations of existing ground, proposed finished ground, lowest floors and floodproofing limits certified by a registered professional engineer, surveyor or architect;

(c)

A certificate prepared by the registered professional engineer or architect who prepared the plans that the structure in question, together with attendant utility and sanitary facilities, is designed so that (i) below the base flood elevation, the structure is watertight with walls substantially impermeable to the passage of water; and (ii) the structure will withstand the hydrostatic, hydrodynamic, buoyant, impact and other forces resulting from the flood depths, velocities, pressures and other factors associated with the base flood.

b.

Minimum floodproofing standards. In order to prevent excessive damage to buildings, structures and related utilities and facilities, the following restrictions apply all development, subdivision proposals, manufactured home parks, new construction and to construction of substantial improvements to existing structures occurring in the floodplain area:

i.

Basements and lowest floors. All new construction and substantial improvements of residential structures must have the lowest floor (including basement) elevated to or above the base flood elevation. All new construction and substantial improvements of nonresidential structures must have the lowest floor (including basement) elevated to or above the base flood elevation; or, together with attendant utility and sanitary facilities, be designed so that below the base flood elevation, the structure is floodproofed in accordance with 7.8.a.2.e.3.

For all new construction and substantial improvements of elevated building, fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on the exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria: 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 shall be provided. The bottom of all openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.

ii.

Fill. If fill is used to raise the finished surface of the lowest floor to one foot above the base flood elevation:

(1)

Fill shall extend beyond a structure for a sufficient distance to provide acceptable access. For residential structures, fill shall extend laterally 15 feet beyond the building line from all points. For nonresidential structures, fill shall be placed to provide access acceptable for intended use. At-grade access, with fill extending laterally 15 feet beyond the building line, shall be provided to a minimum of 25 percent of the perimeter of a nonresidential structure;

(2)

Fill shall consist of soil or rock materials only. Sanitary landfills shall not be permitted;

(3)

Fill material shall be compacted to provide the necessary stability and resistance to erosion, scouring or settling;

(4)

Fill slopes shall be no steeper than one vertical on two horizontal unless substantiating data justifying steeper slopes are submitted to and approved by the office of code enforcement;

(5)

Fill shall be used only to the extent to which it does not adversely affect adjacent properties.

iii.

Placement of buildings, structures and manufactured homes.

(1)

All buildings and structures shall be constructed and placed on the lot so as to offer the minimum obstruction to the flow of water and shall be designed to have a minimum obstruction effect upon the flow and height of floodwater.

(2)

The following shall not be placed or caused to be placed in the designated floodway: fences, except two-wire fences, other matter which may impede, retard or change the direction of the flow of water or that will catch or collect debris carried by such stream of floodwaters.

(3)

Manufactured homes shall be elevated on a permanent foundation such that the lowest floor of each manufactured home will be at least one foot above the base flood elevation.

(4)

Adequate surface drainage and access for a manufactured home hauler shall be provided.

(5)

When manufactured homes are to be elevated on pilings, lots shall be large enough to permit steps. Piles shall be placed in stable soil no more than ten feet apart, and reinforcement shall be provided for pilings more than six feet above the ground level.

iv.

Anchoring.

(1)

All buildings and structures and substantial improvements shall be firmly anchored in accordance with accepted engineering practices to prevent flotation, collapse, and lateral movement, thus reducing the threat to life and property and decreasing the possibility of the blockage of bridge openings and other restricted sections of the watercourse.

(2)

All air ducts, large pipes and storage tanks located at or below the base flood elevation shall be firmly anchored to resist flotation.

(3)

All manufactured homes shall be anchored to resist flotation, collapse or lateral movement by providing over-the-top and frame ties to ground anchors. Specifically:

(a)

Over-the-top ties shall be provided at each of the four corners of the manufactured home, with two additional ties per side at intermediate locations with manufactured homes less than 50 feet long requiring one additional tie per side;

(b)

Frame ties shall be provided at each corner of the home with five additional ties per side at intermediate points, with manufactured homes less than 50 feet long requiring four additional ties per side;

(c)

All components of the anchoring system shall be capable of carrying a force of 4,800 pounds;

(d)

Any additions to a manufactured home shall be similarly anchored.

v.

Storage. No new construction which stores materials that are buoyant, flammable, explosive, or, in times of flooding that could be injurious to human, animal or plant life, shall be stored below base flood elevation.

3.

Plan approval. The owner or developer of a proposed use shall include on the plan the following information:

i.

A map showing the location of the proposed development with respect to the town's floodprone areas, fills, flood or erosion protective facilities, and areas subject to special deed restriction. In addition, all residential subdivisions or other proposed new developments greater than 50 lots or five acres in area, whichever is less, shall include base flood elevation data;

ii.

Where the development lies partially or completely in the floodprone areas, the plan shall include detailed information giving the location and elevation of all proposed roads, public utilities and building sites.

d.

Manufactured home parks. For all new manufactured home parks, or expansions to existing manufactured home parks and for existing manufactured home parks where the repair, reconstruction or improvement of streets, utilities and pads equals or exceeds 50 percent of the value of the streets, utilities and pads before the repair, reconstruction or improvement has commenced, the following requirements shall be met for any construction within the floodway fringe or approximated floodplain:

i.

Manufactured home berthing spacing or lots shall be elevated on compacted fill or on pilings so that the lowest floor of each manufactured home will be one foot above the base flood elevation;

ii.

Adequate surface drainage and access for a manufactured home hauler shall be provided;

iii.

When manufactured homes are to be elevated on pilings, lots shall be large enough to permit steps. Piles shall be placed in stable soil no more than ten feet apart, and reinforcement shall be provided for pilings more than six feet above ground level.

e.

Utility and facility requirements.

i.

All new or replacement water systems located in the floodplain subdistrict, whether public or private, shall be one foot above the base flood elevation.

ii.

All new or replacement sanitary disposal systems located within the floodplain subdistrict, whether public or private, shall be floodproofed to one foot above the base flood elevation.

iii.

All other new or replacement public and/or private utilities and facilities shall be elevated or floodproofed to one foot above the base flood elevation.

f.

Drainage. Adequate drainage shall be provided to reduce exposure of flood hazards.

g.

Administration.

i.

It shall be unlawful for any person, partnership, cooperative, business or corporation to undertake, or cause to be undertaken any development, as designed herein in the floodplain subdistrict, without first obtaining a permit from the office of administrative official.

ii.

All permits and plans shall be approved only after it has been determined that the proposed work to be undertaken will be in conformance with the requirements of these regulations and all other applicable codes and ordinances.

iii.

The office of code enforcement shall require copies of all necessary permits from those government agencies from which approval is required by federal or state law.

iv.

No manufactured home shall be placed at any location within the floodplain subdistrict without the owner or owners having first obtained a placement permit from the office of the administrative official.

h.

Appeals. Whenever any person is aggrieved by an administrative decision with respect to the provisions of these regulations, it is the right of that person to appeal to the board of adjustment. Such appeals must be filed in accordance with the procedures of the board. All decisions on appeals regarding the provisions of these regulations shall adhere to the following criteria:

i.

An affirmative decision shall not be issued by the board within the designated floodway if any increase in flood levels during the base flood discharge would result.

ii.

A decision may be issued by the board for the construction and substantial improvements to be erected on a legally established lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood elevation in conformance with the procedure of paragraphs 3, 4, 5 and 6 of this section.

iii.

Affirmative decisions shall only be issued by the board upon (i) a showing of good and sufficient cause, (ii) a determination that failure to grant the appeal would result in exceptional hardship to the applicant, and (iii) a determination that the granting of an appeal will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing town laws or ordinances.

iv.

Affirmative decisions shall only be issued upon determination that it is the minimum necessary considering the flood hazard, to afford relief.

v.

The board shall notify the applicant in writing that (i) the issuance of a decision to allow construction of a structure below that base flood elevation will result in increased risks to life and property. Such notification shall be maintained with a record of all decisions as required in paragraph 6 of this section.

vi.

The town shall (i) maintain a record of all decisions including justification for their issuance and (ii) report such decisions issued in its annual report submitted to the Federal Insurance Administration.

vii.

Variances in flood hazard district. The board of adjustment is granted the power to issue variances for new construction or substantial improvements in the flood hazard district, with or without a hearing, as follows:

(1)

Variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, in conformance with the procedures of paragraphs b, c, d and e of this section.

(2)

Variances shall only be issued upon (i) a showing of good and sufficient cause, (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant and (iii) a determination that the granting of a variance will not result in the increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.

(3)

Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

(4)

The town shall notify the applicant in writing over the signature of a town official that (i) the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25.00 for $100.00 of insurance coverage and (ii) such construction below the base flood level increases risks to life and property. Such notification shall be maintained with a record of all variance actions as required in paragraph e of this section.

(5)

The town shall (i) maintain a record of all variance action, including justification for their issuance, and (ii) report such variances issued in its annual report submitted to the administrator.

16.

Municipal liability. The granting of a permit or approval of a site plan in an identified floodprone area shall not constitute a representative, guarantee or warranty of any kind by the town or by any official or employee thereof of the practicability or safety of the proposed use, and shall create no liability upon the town, its officials or employees.

(Ord. of 4-5-93(1), §§ 2—9, 12, 13; Ord. of 4-5-93(2); Ord. of 10-19-98, § 2; Ord. of 11-15-99(1), § 1; Ord. of 12-18-00(8), § 1; Ord. No. 007-22, §§ 1—5, 7-18-22)