It is the purpose of the flood hazard review procedures to:

(1)

Implement the goals, policies, and recommendations in the current municipal plan;

(2)

Minimize and prevent the loss of life and property, the disruption of commerce, the impairment of the tax base, and the extraordinary public expenditures and demands on public services that result from flooding-related inundation hazards.

(3)

Ensure that the selection, design, creation, and use of development in flood hazard areas is reasonably safe, accomplished in a manner that minimizes or eliminates the potential for loss and damage to life and property due to flooding-related inundation hazards, and does not impair stream equilibrium or floodplain services.

(4)

Manage all flood hazard areas designated pursuant to 10 V.S.A. §§ 751 and 753.

(5)

Make the town, its citizens, and businesses eligible for federal flood insurance, federal disaster recovery funds, and hazard mitigation funds, as may be available.

(Ord. No. 2022-2, 10-24-2022)

(a)

Precedence. These flood hazard review provisions shall not in any way impair or remove the necessity of compliance with any other local, state, or federal laws or regulations. Where this chapter imposes a greater restriction, the provisions herein shall take precedence.

(b)

Validity and severability. If any portion of these flood hazard review provisions is held unconstitutional or invalid by a competent court, the remainder of this chapter shall not be affected.

(c)

Warning of disclaimer of liability. These flood hazard review provisions do not imply that land outside of the areas covered by this chapter will be free from flood damages. These provisions shall not create liability on the part of the town, or any municipal official or employee thereof, for any flood damages that result from reliance on this chapter, or any administrative decision lawfully made hereunder.

(Ord. No. 2022-2, 10-24-2022)

(a)

An administrative officer shall be appointed to administer these flood hazard review provisions pursuant to 24 V.S.A. § 4448. the administrative officer shall administer these provisions literally and in doing so shall inspect development, maintain records, enforce this chapter, and perform all other necessary tasks to carry out the provisions of this chapter and the statutory requirements of 24 V.S.A. ch. 117. the administrative officer shall not have the power to permit any land development that is not in conformance with this chapter.

(b)

Appropriate municipal panel (AMP).

(1)

The appropriate municipal panel (AMP) for the flood hazard review provisions shall be the development review board, which shall be appointed by the selectboard in accordance with 24 V.S.A. § 4460.

(2)

The development review board shall have the duties and responsibilities as described in 24 V.S.A. ch. 117 and as otherwise required by the municipal ordinances.

(Ord. No. 2022-2, 10-24-2022)

(a)

Application submission requirements. All applications for development shall include:

(1)

Site plan. A site plan that depicts the proposed development, all water bodies, all hazard overlay district boundaries, the shortest horizontal distance from the proposed development to the top of bank of any river, any existing and proposed drainage, any proposed fill, pre- and post-development grades, and the elevation of the proposed lowest floor as referenced to the same vertical datum as the elevation on the current flood insurance rate maps;

(2)

Permit navigator results summary. A Vermont Agency of Natural Resources permit navigator results summary.

(3)

Supplemental application requirements. Some applications may require additional information based on the location and type of the development. The following information shall be developed and provided with an application, as required below:

a.

Base flood elevation (BFE). BFE information is required for:

1.

Replacement, substantially improved, or substantially damaged structures located within any flood hazard overlay district, including zone A, where no BFEs have been provided;

2.

Projects requiring elevation or dry-floodproofing above BFE;

3.

Additions to existing historic structures; and

4.

Any accessory structure proposed to be built in accordance with section 30-763 and having building utility systems that will need to be protected from flood waters through elevation above the BFE.

b.

Floodway data. The following information is required for development located in the floodway. All floodway data shall be certified by a registered professional engineer (PE). All submitted proposals shall include electronic input/output files and mapping showing cross-section locations.

1.

Hydraulic calculations demonstrating no rise in BFE or velocity for proposed new or expanded encroachments within the floodway district.

2.

In accordance with 44 C.F.R. § 60.3(c)(10), where BFE data has been provided by FEMA, but no floodway areas have been designated, the applicant shall provide a floodway delineation that demonstrates that the proposed development, when combined with all existing and anticipated future development, will not increase the water surface elevation of the base flood by more than one foot at any point within the community.

c.

Waivers. Upon written request from the applicant, the development review board may waive specific application requirements when the data or information is not needed to comply with subsections (d) and (e) of this section.

(b)

Referrals.

(1)

Upon receipt of a complete application for new construction or a substantial improvement, the administrative officer shall submit a copy of the application and supporting information to the State National Flood Insurance Program (NFIP) coordinator at the Vermont Agency of Natural Resources, in accordance with 24 V.S.A. § 4424. A permit may be issued only following receipt of comments from the Agency, or the expiration of 30 days from the date the application was mailed to the agency, whichever is sooner. the administrative officer and development review board shall consider all comments from ANR.

(2)

Any application for a proposed conditional use or a request for a variance from these regulations shall be referred to the development review board in accordance with 24 V.S.A. § 4460.

(3)

If the applicant is seeking a permit for the alteration or relocation of a watercourse, copies of the application shall also be submitted to the adjacent communities, the river management engineer at the Vermont Agency of Natural Resources, and the Army Corps of Engineers. Copies of such notice shall be provided to the state national flood insurance program (NFIP) coordinator at the Vermont Agency of Natural Resources, Department of Environmental Conservation. A permit may be issued only following receipt of comments from the Vermont Agency of Natural Resources, or the expiration of 30 days from the date the application was mailed to the Vermont Agency of Natural Resources, whichever is sooner.

(c)

Public notice.

(1)

Prior to the issuance of a permit, proposals needing conditional use review, non-conforming structures and uses review, or approval for a variance, must have a warned public hearing. A copy of the application shall be submitted to ANR at least 30 days prior to the date of the public hearing. Public notice of the hearing shall be provided at least 15 days before the date of the hearing by all the following:

a.

Publication of the date, place, and purpose of the hearing in the newspaper of general circulation in the Town of Springfield;

b.

Posting of the same information in three or more public places within the town, including posting within view from the public right-of-way nearest to the property for which an application is made;

c.

Written notification to the applicant and to owners of all properties adjoining the property subject to development, without regard to any public right-of-way, and in any situation in which a variance is sought regarding setbacks from a state highway, written notification to the secretary of transportation. The notification shall include a description of the proposed project and shall be accompanied by information that clearly informs the recipient where additional information may be obtained, and that participation in the local proceeding is a prerequisite to the right to take any subsequent appeal; and

d.

For hearings on subdivision plats located within 500 feet of a municipal boundary, written notification to the clerk of the adjoining municipality.

(2)

Public notice of all other types of development review hearings, including site plan review, shall be given not less than seven days prior to the date of the public hearing, and shall include at minimum all the following:

a.

Posting of the date, place, and purpose of the hearing in three or more public places within the municipality in conformance with the time and location requirements of 1 V.S.A. § 312(c)(2); and

b.

Written notification to the applicant and to owners of all properties adjoining the property subject to development, without regard to public rights-of-way, and in any situation in which a variance is sought regarding setbacks from a state highway, written notification to the secretary of transportation. The notification shall include a description of the proposed project, information that clearly informs the recipient where additional information may be obtained, and that participation in the local proceeding is a prerequisite to the right to take any subsequent appeal.

(3)

No defect in the form or substance of any required public notice under this section shall invalidate the action of the AMP where reasonable efforts have been made to provide adequate posting and notice. However, the action shall be invalid when the defective posting or notice was materially misleading in content. If an action is ruled to be invalid by the environmental court division of the superior court or by the AMP itself, the action shall be remanded to the applicable municipal panel to provide new posting and notice, hold a new hearing, and take a new action.

(d)

Decisions.

(1)

The administrative officer/development review board shall consider comments from the ANR when making a decision on an application.

(2)

Decisions on applications that go to the development review board for review shall be made in accordance with 24 V.S.A. § 4464.

(e)

Permits. A permit shall be issued by the administrative officer only in accordance with 24 V.S.A. ch. 117 and the following provisions:

(1)

Within 30 days of receipt of a complete application, including all application materials and fees, the administrative officer shall act to either issue or deny a permit in writing, or to refer the application to the development review board or to ANR for consideration, as required by subsection 30-758(b), referrals. In accordance with 24 V.S.A. § 4448 (Appointment and Powers of Administrative Officer), if the administrative officer fails to act with regard to a complete application for a permit within the 30-day period, a permit shall be deemed issued on the 31st day, unless the permit is for new construction or substantial improvement, in which case a permit shall not be issued until the administrative officer has complied with the requirements of subsection 30-758(b), referrals.

(2)

No permit shall be issued by the administrative officer for any use or structure which requires the approval of the development review board until such approval has been obtained. For permit applications that must be referred to a state agency for review, no permit shall be issued until a response has been received from the state, or the expiration of 30 days following the submission of the application to the state, whichever is sooner.

(3)

A permit shall include a statement that any and all appeals shall be made within 15 days of permit issuance and shall require posting of a notice of permit on a form prescribed by the Town of Springfield within view from the public right-of-way most nearly adjacent to the subject property until the appeals period has passed. A permit shall also include a statement, approved by the secretary of natural resources, that state permits may be required, and that the permittee should contact state agencies to determine what permits must be obtained before any construction may commence.

(4)

The administrative officer, within three days of the date of issuance of a permit, shall deliver a copy of the permit to the listers of the municipality, and shall post a copy of the permit in the town offices for a period of 15 days from the date of issuance.

(5)

Effective date. No permit shall take effect until the time for appeal (15 days) has passed, or in the event that a notice appeal is properly filed, no such permit shall take effect until adjudication of that appeal by the AMP is complete and the time for taking an appeal to the environmental division of the superior court has passed without an appeal being taken. If an appeal is taken to the environmental division, the permit shall not take effect until the environmental division rules in accordance with 10 V.S.A. § 8504 on whether to issue a stay, or until the expiration of 15 days, whichever comes first.

(6)

Notice of permit. The notice of a permit must be displayed within view from the public right-of-way nearest to the property until the time for appeal has passed.

(7)

Within 30 days after a permit has been issued or within 30 days of the issuance of any notice of violation, the appropriate municipal official shall:

a.

Deliver the original or a legible copy of the permit or notice of violation or a notice of permit generally in the form set forth in 24 V.S.A. § 1154(c) to the town clerk for recording as provided in 24 V.S.A. § 1154(a); and

b.

File a copy of that permit in the offices of the town in a location where all municipal land use permits shall be kept.

(8)

Expiration.

a.

A zoning permit shall remain valid for two years from the date it is issued. If, before that time expires, the applicant files a renewal application and has made substantial progress of the land development described in the permit, the administrative officer shall issue not more than two consecutive 12-month permit renewals without fee. If a zoning permit expires without substantial land development, the permit shall become null and void.

b.

If a permit expires, any land development on the lot covered under that permit must cease. All subsequent land development must be approved after the submission of a new application for a permit, and all laws and ordinances then in effect will be applicable.

c.

Permits shall run with the land regardless of owner.

(f)

Variances. Variances may be granted in writing by the development review board only in accordance with all the criteria in 24 V.S.A. § 4469 after a public hearing noticed in accordance subsection 30-758(c), public notice. consistent with 24 V.S.A. § 4464. If the proposed development is located within any flood hazard overlay district, the proposal shall comply with 44 C.F.R. § 60.6.

(1)

Any variance issued in the flood hazard area shall not increase flood heights and shall inform the applicant in writing over the signature of a community official that the issuance of a variance to construct a structure below the BFE increases risk to life and property and will result in increased flood insurance premiums up to amounts as high as $25.00 for $100.00 of coverage. Such notification shall be maintained with a record of all variance actions.

(g)

Appeals of a permit decision.

(1)

Appeals from any decision or act of the administrative officer in connection with this chapter shall be made as provided for in 24 V.S.A. § 4465. Additional provisions applicable to appeal of a substantial improvement or substantial damage determination made by the administrative officer can be found in subsection 30-759(b), substantial improvement and substantial damage determinations, post flood procedures.

(2)

Whenever the development review board does not grant a conditional use permit or a variance request on any basis other than the failure of the applicant to submit a complete application, such action may not be reconsidered by the respective development review board at a later time unless in accordance with 24 V.S.A. § 4470. The applicant shall clearly demonstrate that:

a.

Circumstances affecting the property that is the subject of the application have substantially changed,

b.

New information is available that could not with reasonable diligence have been presented at a previous hearing. A request to be heard on this basis shall be filed with the administrative officer within the time period for an appeal. However, such a request does not extend the period within which an appeal shall be taken.

c.

Appeals from any decision or act of the development review board in connection with this chapter shall be made to the state superior court, environmental division as provided for in 24 V.S.A. § 4471.

(Ord. No. 2022-2, 10-24-2022)

(a)

Records. the administrative officer shall properly file and maintain a record of:

(1)

All permits issued for development under the jurisdiction of this chapter;

(2)

A FEMA elevation certificate with the as-built elevation (consistent with the datum of the elevation on the current flood insurance rate maps for the community) of the lowest floor, including basement, of all new, replacement, substantially improved, substantially damaged or flood-proofed buildings (not including accessory buildings) in the flood hazard area;

(3)

All floodproofing and other certifications required under this regulation; and

(4)

All decisions of the administrative officer and development review board (including those for substantial improvement, substantial damage, variances, and violations) and all supporting findings of fact, conclusions, and conditions.

(b)

Substantial improvement and substantial damage determinations, post flood procedures.

(1)

When a proposal for the renovation, rehabilitation, restoration, or repair of a structure located within any flood hazard overlay district is reviewed, the administrative officer shall make a substantial improvement determination.

(2)

In the event of damage to a structure located within any flood hazard overlay district from flooding or other causes (such as, but not limited to, fire, wind or snow), the administrative officer shall make a substantial damage determination based on the damage sustained by the structure regardless of intended repair at that time.

(3)

Substantial improvement or substantial damage determinations shall be made in accordance with current FEMA guidelines or procedure established by the development review board in accordance with 24 V.S.A. § 1972 and 24 V.S.A. § 4461 and shall be used to determine the appropriate development standards for repair and rebuilding.

(4)

A substantial improvement or substantial damage determination can be appealed by an applicant or property owner to the development review board in accordance with subsection 30-758(g), appeals of a permit decision, of this chapter. In the consideration of an appeal of the administrative officer's determination, the development review board shall consider additional documentation provided by the applicant which may include:

a.

A recent building appraisal (within the past calendar year, or as determined to still be applicable) completed by a licensed and qualified real estate appraiser that documents the structure's market value (excluding land value) prior to the damage or improvement; or

b.

A project/repair cost estimate provided by a qualified contractor, professional engineer or licensed architect. The material and labor cost estimate shall include a detailed accounting of the proposed improvements, additions, reconstruction or rehabilitation work, repairs or associated construction and development; or

c.

In the case of substantial damage, an estimate of structure damage provided or reviewed by a local official from FEMA's substantial damage estimator software.

(c)

Certificate of occupancy.

(1)

In accordance with 24 V.S.A. § 4449, it shall be unlawful to use or occupy, or permit the use or occupancy of any land or structure, or part thereof, created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure within the areas affected by this chapter, until a certificate of occupancy is issued by the administrative officer stating that the proposed use of the structure or land conforms to the requirements of this chapter.

(2)

A certificate of occupancy is not required for structures that were built in compliance with the ordinance at the time of construction and have not been improved since the adoption of this chapter.

(3)

Upon receipt of the application for a certificate of occupancy, the administrative officer shall review the permit conditions and inspect the premises to ensure that:

a.

Any required state and federal permits that have been received,

b.

All work has been completed in conformance with the zoning permit and associated approvals, and

c.

All required as-built documentation has been submitted to the administrative officer (e.g., updated FEMA elevation certificate, dry floodproofing certificate, as-built volumetric analysis, or as-built floodway encroachment analysis).

(4)

If the administrative officer fails to grant or deny the certificate of occupancy within 29 days of the submission of the application, the certificate shall be deemed issued on the 30th day. If a certificate of occupancy cannot be issued, notice will be sent to the owner and copied to the lender.

(d)

Enforcement.

(1)

This chapter shall be enforced in accordance with 24 V.S.A. §§ 1974a, 4451, and 4452. All notices of violation shall be provided to the state NFIP coordinator.

(2)

No new flood insurance shall be provided for any property which the Federal Insurance Administrator finds has been declared to be in violation of local flood hazard area regulations. If any appeals have been resolved, but the violation remains, the administrative officer shall submit a declaration to the Administrator of the National Flood Insurance Program requesting a denial of flood insurance to the property pursuant to Section 1316 of the National Flood Insurance Act of 1968, as amended. New and renewal flood insurance shall be denied to a structure upon a finding by the Federal Insurance Administrator of a valid declaration of a violation.

(Ord. No. 2022-2, 10-24-2022)

(a)

To allow for the wise use of floodplain lands in a way that minimizes potential damage to existing structures and development located within this hazard zone.

(b)

Provide an adequate means of protecting the beneficial functions of undeveloped floodplains and development that is already located within floodplains.

(c)

Avoid encroachments in flood hazard areas that may result in cumulative degradation of natural floodplain function leading to increased flood elevations, velocities, and river instability.

(d)

To protect infill and redevelopment from inundation hazards.

(e)

To discourage new encroachments on undeveloped property within the FHO that provide for floodwater and sediment storage.

(Ord. No. 2022-2, 10-24-2022)

(a)

Special flood hazard areas. This chapter shall apply to the special flood hazard areas (SFHAs, hereafter referred to as "flood hazard areas" or "FHAs") in the town as described below. Flood hazard areas are identified in and on the most current flood insurance studies and maps ^[3] published by the Department of Homeland Security, Federal Emergency Management Agency (FEMA), National Flood Insurance Program (NFIP), as provided by the Secretary of the Agency of Natural Resources (ANR) pursuant to 10 V.S.A. § 753, which are hereby adopted by reference and declared to be part of this chapter.

Establishment of the FHO district. The FHO is an overlay district. All other requirements of the underlying district or another overlay district shall apply in addition to the provisions herein, unless it is otherwise so indicated. If there is a conflict with another such district, the stricter provision shall apply. The flood hazard area, as delineated by FEMA, may contain two parts; the floodway where limited development may be permitted and the remaining part of the flood hazard area (outside of the floodway) called the flood fringe. Within the flood hazard area, the inundation risk and type of damages may differ according to the type of flooding that occurs. Therefore, the identified FHO district is separated into different sub-districts to provide protection based upon flooding type:

(1)

The floodway—The floodway is depicted on the flood insurance rate maps/flood boundary and floodway maps for this community ^[4].

(2)

The flood fringe—identified as the area of the FEMA special flood hazard area (labeled as zone A, AE, A1-30, AH, administrative officer) outside of the floodway on the most current NFIP maps.

Unless one of these sub-districts is specifically named, reference to the FHO district includes both.

(b)

Base flood elevations and floodway limits.

(1)

Where available, base flood elevations and floodway limits provided by the NFIP and in the flood insurance study and accompanying maps shall be used to administer and enforce this chapter.

(2)

The floodway, as adopted by this community, shall consist of the channel of a river or other watercourse and the adjacent land areas that shall be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot at any point.

(3)

In the FHO district where base flood elevations and/or floodway limits have not been provided by the NFIP in the flood insurance study and accompanying maps, it is the applicant's responsibility to develop the necessary data. Where available, the applicant shall use data provided by FEMA, or state or federal agencies to administer this chapter.

(c)

Jurisdictional determination and interpretation.

(1)

The information presented on any maps, or contained in any studies, adopted by reference, is presumed accurate.

(2)

If uncertainty exists with respect to the boundaries of the FHO District, the location of the boundary shall be determined by the administrative officer. The administrative officer may require additional topographic or base flood elevation information if necessary to make such determination. If available, the administrative officer shall use a FEMA letter of map amendment (LOMA) or letter of map revision (LOMR) in making a determination. Once issued, the LOMA or LOMR shall constitute proof of the FHO boundary and whether the proposed development is within the FHO ^[5].

(3)

A FEMA letter of map revision based on fill (LOMR-F) that has been issued after the effective date of this chapter shall not be used to remove lands from the jurisdiction of this chapter.

(4)

When the administrative officer deems a property is within the FHO, an applicant seeking to challenge such determination shall have 15 days from the date of receiving the administrative officer's determination to notify the administrative officer of his or her intent to seek proof of the boundary. Upon timely filing of such notification letter by the applicant, the application for the zoning permit shall not be considered complete until the administrative officer as received a LOMA or LOMR issued by FEMA or any other evidence identified in such notice.

(Ord. No. 2022-2, 10-24-2022)

(a)

Exempted activities. The following activities do not require a permit under this section of this chapter:

(1)

The removal of a building or other improvement in whole or in part, so long as the ground elevations under and adjacent to the removed structure remain unchanged. Please be aware that for damaged structures where FEMA mitigation funds may be used, the damaged structure may be required to remain in place until funds are granted.

(2)

Routine maintenance of existing buildings in the usual course of business required or undertaken to conserve the original condition, while compensating for normal wear and tear. Routine maintenance includes actions necessary for retaining or restoring a piece of equipment, machine, or system to the specified operable condition to achieve its maximum useful life and does not include expansions or improvements to development.

(3)

Interior improvements to existing buildings that cost less than $500.00.

(4)

Maintenance of existing sidewalks, roads, parking areas, or stormwater drainage; this does not include expansions.

(5)

Maintenance of existing bridges, culverts, and channel stabilization activities; this does not include expansions.

(6)

Streambank armoring and stabilization, retaining walls, and abutment work that do not reduce the cross-sectional flow area of the river or stream channel and have coverage under a stream alteration permit, if required, under 10 V.S.A. ch. 41 and the rules adopted thereunder.

(7)

The following activities are exempt from municipal regulation, but may require a permit under the state's "Vermont Flood Hazard Area and River Corridor Rule" (Environmental Protection Rule, Chapter 29):

a.

State-owned and -operated institutions and facilities.

b.

Forestry operations and silvicultural (forestry) activities conducted in accordance with the state department of forests and parks acceptable management practices for maintaining water quality on logging jobs in Vermont or other accepted silvicultural practices, as defined by the commissioner of forests, parks and recreation.

c.

Agricultural activities conducted in accordance with the state agency of agriculture food and market's required agricultural practices (RAPs). Prior to the construction of farm structures, the farmer shall notify the administrative officer in writing of the proposed activity. The notice shall contain a sketch of the proposed structure including setbacks.

d.

Public utility power generating plants and transmission facilities regulated under 30 V.S.A. § 248.

e.

Telecommunications facilities regulated under 30 V.S.A. § 248a;

(8)

Planting projects which do not include any construction or grading activities in accordance with 24 V.S.A. § 4424(c).

(9)

Subdivision of land that does not involve or authorize development.

(b)

Permits. Except as provided in subsection 30-762(a), exempted activities, a permit is required from the administrative officer for all development that is located within the FHO district. Development that requires conditional use approval or a variance from the development review board under this chapter shall have such approvals prior to the issuance of a permit by the administrative officer.

(1)

All permits shall require that a permittee have all other necessary permits from state and federal agencies before work may begin.

(c)

Administrative review; permitted development. The following development activities in the FHO district meeting the development standards in section 30-763 require an administrative review from the administrative officer and may receive a permit from the administrative officer without review by the development review board.

(1)

Within the entire FHO district:

a.

Above grade development located on ground, which has not been elevated by the placement of fill, that is one foot above base flood elevation and documented with field-surveyed topographic information certified by a registered professional engineer or licensed land surveyor.

b.

Open fencing and signs elevated on poles or posts that create minimal resistance to the movement of floodwater.

c.

At-grade parking or other at-grade/below grade development that will not create an obstruction to flood flows.

d.

Municipal transportation infrastructure improvements designed and constructed by the state agency of transportation that have written confirmation from the ANR regional floodplain manager that the project is designed to meet or exceed the applicable standards in this chapter.

e.

River and floodplain restoration projects, including dam removal, that restore natural and beneficial floodplain functions and include written confirmation from the ANR regional floodplain manager that the project is designed to meet or exceed the applicable standards in this chapter.

(2)

Within the flood fringe sub-district:

a.

Improvements or repairs from damage to structures that do not expand the existing footprint and do not meet the definition of "substantial improvement" or "substantial damage".

b.

Accessory structures not greater than 500 square feet.

c.

Development related to on-site septic or water supply systems.

d.

Building utilities.

e.

Recreational vehicles or travel trailers.

f.

New fill for existing associated transportation and utility networks or to accommodate a replacement on-site septic system, if it can be demonstrated that no other practicable alternative is available.

(d)

Prohibited development. Except as provided in subsection 30-762(a), exempted activity, the following is prohibited:

(1)

Within the entire FHO district:

a.

Fully enclosed areas below grade on all sides, including below grade crawlspaces and basements.

b.

New critical facilities.

(2)

Within the floodway sub-district:

a.

New accessory structures.

b.

New encroachments, except for minor improvements to existing structures or relating to bridges, culverts, roads, stabilization projects, public utilities, river and/or floodplain restoration projects, or health and safety measures.

c.

Changes to existing structures where the footprint of the structure is proposed to expand laterally into the floodway greater than 500 square feet.

d.

Storage of materials or junk yards.

(e)

Conditional use review. In accordance with 24 V.S.A. § 4414, conditional use review and approval by the development review board is required prior to the issuance of a permit by the administrative officer for any activity in the FHO district that is not exempt or eligible for administrative review.

(f)

Nonconforming structures and uses.

(1)

A nonconforming structure in the FHO district that has been substantially damaged or destroyed may be reconstructed in its original location only if it is rebuilt to comply with all requirements of the National Flood Insurance Program and this chapter;

(2)

Nonconforming structures and uses shall be considered abandoned where the structures or uses are discontinued for more than 12 months. An abandoned structure shall not be permitted for re-occupancy unless brought into compliance with this chapter. An abandoned use shall not be permitted unless brought into compliance with this chapter.

(Ord. No. 2022-2, 10-24-2022)

The criteria below are the minimum standards for development in the FHO district. If the floodway or flood fringe is not specified, the standard applies to the entire FHO district. Where more than one district is involved, the most restrictive standard shall take precedence.

(1)

Floodway sub-district. Within the floodway sub-district, the following standards apply:

a.

New encroachments are prohibited within the floodway, except for the following, which also shall comply with subsection 30-763(1)b. below:

1.

Changes to existing structures where the footprint is proposed to expand horizontally into the floodway less than 500 square feet;

2.

New encroachments relating to bridges, culverts, roads, stabilization projects, public utilities, functionally dependent uses, and river or floodplain restoration projects;

3.

New encroachments relating to health and safety measures, such as replacement of pre-existing on-site septic and water supply systems, if no other practicable alternative is available;

b.

For all proposed new encroachments and above-grade development, a hydraulic analysis is required to be provided for review. The analysis should be performed in accordance with standard engineering practice, by a registered professional engineer, certifying that the proposed development will:

1.

Not result in any increase in flood levels during the occurrence of the base flood;

2.

Not increase any risk to surrounding properties, facilities, or structures from erosion or flooding.

c.

For development that is either below grade or will not result in any change in grade, the hydrologic and hydraulic (H&H) analyses may be waived, where the applicant will provide pre- and post-development elevations demonstrating that there will be no change in grade, and that the development will be adequately protected from scour.

d.

For any new encroachment that is proposed within the floodway sub-district where a hydraulic analysis is required, the applicant may provide a FEMA conditional letter of map revision (CLOMR)6, in lieu of a hydraulic analysis, to demonstrate that the proposed activity will not have an adverse impact.

(2)

The FHO district (zones A1-30, AE, AH, AO). Within the FHO district, the following standards apply:

a.

All development, except development that is exempt under subsection 30-762(a), exempted activities, shall be:

1.

Reasonably safe from flooding.

2.

Designed (or modified) and adequately anchored to prevent flotation, collapse, release, or lateral movement of the structure.

3.

Constructed with materials resistant to flood damage.

4.

Constructed by methods and practices that minimize flood damage.

5.

Constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

6.

Adequately drained to reduce exposure to flood hazards.

7.

Required to elevate or floodproof any fuel storage tanks to at least two feet above the base flood elevation. This can be achieved by:

i.

Elevating the fuel storage tank a minimum of two feet above the BFE and securely anchoring the tank to prevent flotation. The tank shall be located on the land-ward or downstream side of the building and all inlets, fill openings, line connections, and vents shall be elevated to two feet above the BFE. Any structure or platform used to elevate the tank shall be designed to withstand anticipated flood loads and forces;

ii.

In places where elevation of the fuel storage tank is not possible due to the location of existing fuel hookup/fuel lines into an existing building:

(A)

The tank shall be securely anchored to prevent floatation while protecting it from flood forces and debris. Any structure or platform used to anchor and protect the tank shall be designed to withstand anticipated flood forces and debris. The tank vent pipe/valve shall be located at a minimum two feet above the BFE; or

(B)

Storage tanks may be placed underground, if securely anchored and certified by a qualified professional and are protected from flood forces such as scour, erosion, velocity flow, and buoyancy (uplift) force.

b.

For any new structure, replacement structure, substantially improved structure, or structure that has experienced substantial damage, outdoor utilities (electrical, heating, ventilation, plumbing, and air conditioning equipment) and other service facilities (such as sewer, gas, and water systems), shall be located on the landward or downstream side of the building and/or behind structural elements, and located and constructed to minimize or eliminate flood damage.

c.

In zones AE and A1—A30 where floodway limits have not been determined, development shall not be permitted unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated encroachment, will not increase the base flood elevation more than one foot at any point within the community. The demonstration shall be supported by technical data that conforms to standard hydraulic engineering principles and certified by a registered professional engineer.

d.

For new, replacement or substantially improved structures, or for structures that have incurred substantial damage, fully enclosed areas below grade on all sides (including below grade crawlspaces and basements) are prohibited.

e.

Recreational vehicles, equipment and boat trailers, portable toilets, construction trailers, and other travel trailers shall:

1.

Be currently registered, licensed and ready for highway use; or

2.

Be on site for fewer than 180 consecutive days; or

3.

Meet the requirements for structures in section 30-763 as appropriate.

f.

Water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system.

g.

Sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters.

h.

On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

i.

The flood carrying capacity within any altered or relocated portion of any watercourse shall be maintained, any alteration or relocation shall not result in any decrease of stream stability.

j.

Bridges, culverts and channel management activities, which by their nature shall be placed in or over the watercourse, shall have a stream alteration permit from the Agency of Natural Resources, if required.

k.

Subdivisions and planned unit developments shall be accessible by dry land access outside of any FHO district.

l.

Structural standards.

1.

New structures, existing structures to be substantially improved or replaced, or that have incurred substantial damage shall be located such that the lowest floor is at least two feet above base flood elevation. This shall be documented in the proposed and as-built condition with a FEMA elevation certificate.

2.

New non-residential structures, and non-residential structures to be substantially improved, replaced, or that have incurred substantial damage shall:

i.

Meet the standards of subsection 30-763(2)l.1., above; or

ii.

Have the lowest floor, including basement, together with attendant utility and sanitary facilities, designed so that two feet above the base flood elevation the structure is dry floodproofed, meaning watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy;

iii.

A permit for dry floodproofing shall not be issued until a registered professional engineer or architect has reviewed the structural design, specifications, and plans, and has certified that the design and proposed methods of construction are in accordance with accepted standards of practice for meeting the provisions of this subsection;

iv.

Dry floodproofing measures used to meet the above floodproofing standard shall work without the use of human intervention at the time of flooding. Exceptions to this standard are when the facility is adequately staffed at all hours with people trained and able to deploy the facility's floodproofing measures, or if the structure is located in a floodplain that has a National Weather Service flood forecast stream gauge that provides adequate advanced warning of potential flooding for the deployment of the floodproofing system.

3.

Critical facilities that are to be replaced, substantially improved, or meet the definition of substantial damage shall be constructed so that the lowest floor, including basement, shall be elevated or dry-floodproofed at least one foot above the elevation of the 0.2 percent annual flood height (500-year floodplain), or three feet above base flood elevation, whichever is higher. A critical facility shall have at least one access road connected to land outside the 0.2 percent annual chance floodplain that is capable of accommodating emergency services vehicles. The top of the access road shall be no lower than six inches below the elevation of the 0.2 percent annual chance flood event.

4.

For historic structures that would meet the definition of substantial improvement or substantial damage if not for their historic structure designation, the improved or repaired building shall meet the following mitigation performance standards for areas below the base flood elevation:

i.

Any future damage to enclosures below the lowest floor shall not result in damage to the foundation, utility connections, or elevated portions of the building or nearby structures;

ii.

Utility connections (e.g., electricity, water, sewer, natural gas) shall be protected from inundation and scour or be easily repaired;

iii.

The building foundation shall be structurally sound and reinforced to withstand a base flood event;

iv.

The structure's historic designation shall not be precluded;

v.

The likelihood of flood waters entering the structure during the base flood is reduced; and

vi.

There shall be no expansion of uses below base flood elevation except for parking, storage, building access, or, in the case of non-residential buildings, where the space is dry floodproofed.

5.

Fully enclosed areas that are above grade, below the lowest floor, below BFE, and subject to flooding, shall:

i.

Be solely used for parking of vehicles, storage, or building access, and such a condition shall clearly be stated on any permits; and

ii.

Be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Such designs shall be certified by a registered professional engineer or architect, or meet or exceed the following minimum criteria: A minimum of two openings on two walls 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 shall be no higher than one foot above adjacent grade. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters; and

iii.

Include a signed non-conversion agreement from the owner of the structure with the permit application stating that the enclosed area below the BFE will not be converted to another use not listed above in subsection 30-763(2)l.5.i. and that the community would have the ability to inspect the exterior and interior of the enclosed area in compliance with the standards laid out in the non-conversion agreement.

6.

A small accessory structure of 500 square feet or less need not be elevated to the base flood elevation, provided the structure is placed on the building site so as to offer the minimum resistance to the flow of floodwaters and shall meet the criteria in subsection 30-763(2)l.5. above.

(Ord. No. 2022-2, 10-24-2022)