5.1 Boundaries and Elevations: The Flood Plain District consists of all of the special flood hazard areas within the Town of Southbury as 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 of Southbury, and any subsequent revisions thereto, are adopted by reference and declared to be a part of this regulation. Since mapping is legally adopted by reference into this regulation it must take precedence when more restrictive until such time as a map amendment or map revision is obtained from FEMA. The special flood hazard areas are areas of the Town of Southbury where there is a one percent chance of flooding in any given year. The special flood hazard area includes any area shown on the FIRM as Zones A and AE, including areas designated as a floodway on a FIRM. Areas of special flood hazard are determined utilizing the base flood elevations (BFE) provided on the flood profiles in the Flood Insurance Study (FIS) for a community. 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.

5.2 Requirements: The following requirements are applicable in the Flood Plain District and are in addition to requirements of these Regulations applicable in the underlying district:

5.2.1 Within the Flood Plain District, no building or other structure shall be constructed, moved or substantially improved and no development or new construction shall be made unless a Flood Hazard Area Permit therefor is obtained from the Building Official of the Town of Southbury in accordance with a certain ordinance entitled "Flood Damage Prevention and Control Ordinance, Town of Southbury, Connecticut." For the purpose of this requirement, certain terms are defined as follows:

a.

"Substantial improvement" means any reconstruction, rehabilitation, additions or other improvements of a building or other structure, the cost of which cumulatively for the life of the building or structure, equals or exceeds 50% of the market value of the building or structure (as determined by the cost approach to value) before the "start of construction" of the improvement. This term includes buildings and other structures which have incurred "substantial damage", regardless of the actual repair work performed. The term does not, however, include either of the following:

i.

Any project for improvement of a building or structure to correct existing violations of state or town health, sanitary or safety code specifications which have been identified by such Building Official and which are the minimum necessary to assure safe living conditions; and

ii.

An alteration of an historic structure, as defined in Par. 1.7, provided that the alteration will not preclude the structure's continued designation as an historic structure.

b.

"Start of construction" includes "substantial improvement" and means the date the building permit, or ZONING PERMIT if no building permit was required, was issued, provided the "actual start" of construction, repair, reconstruction, rehabilitation, placement or other improvement was within 180 days of such building permit or ZONING PERMIT date. The "actual start" of "substantial improvement" means the first alteration of any wall, ceiling, floor or other structural part of a building or structure, whether or not that alteration affects the external dimensions of the building or structure.

c.

"Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50% of the such market value of the building or structure before the damage occurred.

d.

"Development" means any manmade change to improved or unimproved real estate, including but not limited to building or other structure, site development, excavation, grading, deposit or removal of earth materials, drilling operations, outside storage of equipment or materials or paving, other than normal maintenance and repair of roads and driveways.

e.

"New construction" means buildings and other structures for which the "start of construction" occurred on or after April 4, 1980.*

* Effective date of original "Flood Plain Management Ordinance, Town of Southbury, Connecticut."

5.2.2 The maps and plans, including plan drawings and site plans, required under these Regulations to be submitted in connection with an APPLICATION for a ZONING PERMIT, including a SITE DEVELOPMENT PLAN or SPECIAL EXCEPTION, and pertaining to a lot any portion of which is located in a Flood Plain District, shall show the following additional information:

a.

The boundaries of the Flood Plain District;

b.

Base flood elevations above mean sea level and floodway data;

c.

The lowest floor elevation, including basement, above mean sea level for any existing, new or substantially improved buildings or structures; and

d.

If the building or structure has been or will be floodproofed in accordance with such Ordinance, the elevation above mean sea level to which the building or structure was or is to be floodproofed.

5.2.3 In Business, Designed Business, Marine Business, Industrial and Public Utility Districts, no outside storage areas shall be located in the Flood Plain District unless adequate provision is made to prevent flotation of materials and equipment and to minimize flood damage within the Flood Plain District.

5.2.4 Within the Flood Plain District, any building or other structure that is to be constructed, moved or substantially improved shall have a lowest floor elevation including basement as specified in the "Flood Damage Prevention and Control Ordinance, Town of Southbury, Connecticut."

(Ord. of 10-13-10, §§ I, II)