Woodbridge City Zoning Code
ARTICLE XI
Flood Hazard Reduction Provisions
§ 495-48 Statutory authorization; finding of fact; purpose; objectives.
The legislature of the State of Connecticut has, in § 8-2 of the Connecticut General Statutes, delegated the responsibility to Zoning Commissions to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the Town Plan and Zoning Commission of the Town of Woodbridge hereby promulgates the following:
A.
Finding of fact.
(1)
The flood hazard areas of the Town of Woodbridge are subject to periodic inundation which results in loss of life, property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare;
(2)
These flood losses are caused by the cumulative effect of obstructions in floodplains causing increases in flood heights, velocities, and by the occupancy of flood hazard areas by uses vulnerable to floods or hazardous to other lands which are inadequately elevated, flood-proofed, or otherwise unprotected from flood damages.
B.
Statement of purpose. The purpose of this chapter is to promote the public health, safety, and general welfare, and to minimize the public and private losses due to flood conditions in specific areas by provisions designed to:
(1)
Restrict or prohibit uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities;
(2)
Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;
(3)
Control the alteration of natural floodplains, stream channels, and natural protective barriers which are involved in the accommodation of floodwaters;
(4)
Control filling, grading, dredging, and other development which may increase erosion or flood damage; and
(5)
Prevent or regulate the construction of flood barriers, which will unnaturally divert floodwaters or which may increase flood hazards to other lands.
C.
Objectives. The objectives of this chapter are to:
(1)
Protect human life and health;
(2)
Minimize expenditure of public money for costly flood control projects;
(3)
Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
(4)
Minimize business interruptions;
(5)
Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets, and bridges located in floodplains;
(6)
Help maintain a stable tax base by providing for the sound use and development of prone areas in such a manner as to minimize flood blight areas; and
(7)
Insure that potential home buyers are notified that property is in a flood area.
§ 495-49 Definitions.
Unless specifically defined below or in the Zoning Regulations of the Town of Woodbridge, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter it most reasonable application.
Any walled and roofed expansion to the perimeter of an existing building in which the addition is connected by a common load-bearing wall other than a fire wall. Any walled and roofed addition which is connected by a fire wall or is separated by independent perimeter load-bearing wall is new construction.
A request for a review of the Town Plan and Zoning Commission's interpretation of any provision of this chapter or a request for a variance.
The land in the floodplain within a community subject to 1% or greater chance of flooding in any given year.
The flood having a 1% chance of being equaled or exceeded in any given year.
The elevation of the crest of the base flood or 100-year flood. The height in relation to mean sea level expected to be reached by the waters of the base flood at pertinent points in the floodplains of coastal and riverine areas.
Any area of a building having its floor subgrade (below ground level) on all sides.
A walled and roofed structure which is principally above ground, including a manufactured home, a gas or liquid storage tank, or other man-made facilities or infrastructures.
As related to substantial improvements, the cost of any reconstruction, rehabilitation, addition, alteration, repair, or other improvement of a building or structure shall be established by a detailed written contractor's estimate. The estimate shall include, but not be limited to: the cost of materials (interior finishing elements, structural elements, utility and service equipment); sales tax on materials, building equipment, and fixtures, including heating and air conditioning and utility meters; labor; built-in appliances; demolition and site preparation; repairs made to damaged parts of the building worked on at the same time; contractor's overhead; contractor's profit; and grand total. Items to be excluded include: cost of plans and specifications, survey costs, permit fees, outside improvements such as septic systems, water supply wells, landscaping, sidewalks, fences, yard lights, irrigation systems, and detached structures such as garages, sheds, and gazebos.
Any man-made change to improved or unimproved real estate, including, but not limited to, the construction of buildings or structures; the construction of additions, alterations, or substantial improvements to buildings or structures; the placement of buildings or structures; mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment; the storage, deposition, or extraction of materials; and the installation, repair, or removal of public or private sewage disposal systems or water supply facilities.
A non-basement building built to have the lowest floor elevated above the ground level by means of fill, solid foundation perimeter walls, pilings, columns (post and piers), shear walls, or breakaway walls.
The federal agency that administers the National Flood Insurance Program (NFIP).
As related to fully enclosed areas below the base flood elevation (BFE), a space that is, but is not limited to, heated and/or cooled, contains finished floors (tile, linoleum, hardwood, etc.), has sheetrock walls that may or may not be painted or wallpapered, and other amenities such as furniture, appliances, bathrooms, fireplaces, and other items that are easily damaged by floodwaters and expensive to clean, repair, or replace.
An official map of a community, on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.
The official report by the Federal Emergency Management Agency (FEMA). The report contains flood profiles, as well as the Flood Insurance Rate Map (FIRM) and the water surface elevation of the base flood.
A general and temporary condition of partial or complete inundation of normally dry land areas from the: a) overflow of inland water or b) unusual and rapid accumulation or runoff of surface waters from any source.
The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.
The top surface of an enclosed area in a building (including basement); i.e., top of slab in concrete slab construction or top of wood flooring in wood frame construction. The term does not include the floor of a garage used solely for parking vehicles.
A use or facility that cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities. The term does not include seafood processing facilities, long-term storage, manufacturing, sales, or service facilities.
The highest natural elevation of the ground surface, prior to construction, next to the proposed walls of a structure.
Any structure that is: a) listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; b) certified or preliminarily determined by the Secretary of the Interior as contributing to the historic significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; c) individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or d) individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either: 1) by an approved state program as determined by the Secretary of the Interior or 2) directly by the Secretary of the Interior in states without approved programs.
The lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access for storage, in an area other than a basement area is not considered a building's lowest floor.
A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term also includes park trailers, travel trailers, recreational vehicles and other similar vehicles, or transportable structures placed on a site for 180 consecutive days or longer and intended to be improved property.
Market value of the structure shall be determined by the appraised value of the structure prior to the start of the initial repair or improvement, or in the case of damage, the value of the structure prior to the damage occurring.
For purposes of the National Flood Insurance Program, the North American Vertical Datum (NAVD) of 1988 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map (FIRM) are referenced.
Structures for which the "start of construction" commenced on or after the effective date (July 18, 1980), the effective date of the Flood Hazard Area Regulations, and includes any subsequent improvements to such structures.
A vehicle which is: a) built on a single chassis; b) 400 square feet or less when measured at the largest horizontal projection; c) designed to be self-propelled or permanently towable by a light duty truck; and d) designed primarily not for use as a permanent dwelling but as a temporary living quarters for recreational, camping, travel, or seasonal use.
Includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, or improvement was within 180 days of the permit date. The actual start means the first placement of permanent construction of a structure (including a manufactured home) on a site, such as the pouring of slabs or footings, installation of piles, construction of columns, or any work beyond the stage of excavation or placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations for the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
A walled and roofed building which is principally above ground, including a manufactured home, a gas or liquid storage tank, or other man-made facilities or infrastructures.
Damage of any origin sustained by a building or structure, whereby the cost of restoring the structure to its pre-damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.
Any combination of repairs, reconstruction, alterations, or improvements to a building or structure, taking place during the life of the building or structure, in which the cumulative cost equals or exceeds 50% of the market value of the building or structure. The market value of the building or structure should be: 1) the appraised value of the building or structure prior to the start of the initial repair or improvement or 2) in the case of damage, the value of the building or structure prior to the damage occurring. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building or structure commences, whether or not that alteration affects the external dimensions of the building or structure. The term does not however include any project for improvement of a building or structure required to comply with existing health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions.
A grant of relief from the requirements of this chapter which permits construction in a manner otherwise prohibited by this chapter where specific enforcement would result in unnecessary hardship.
Failure of a building or structure or other development to be fully compliant with the Flood Hazard Area Regulations. A structure or other development without required permits, lowest floor elevation documentation, flood-proofing certificates or required floodway encroachment calculations is assumed to be in violation until such time as that documentation is provided.
The height, in relation to the North American Vertical Datum (NAVD) of 1988 (or other datum, where specified) of floods of various magnitudes and frequencies in the floodplain of riverine areas.
§ 495-50 General provisions.
A.
Lands to which this chapter apply. This chapter shall apply to all areas of special flood hazard within the jurisdiction of the Town of Woodbridge.
B.
Basis for establishing the areas of special flood hazard. The areas of special flood hazard within the Town of Woodbridge are identified by the Federal Emergency Management Agency (FEMA) in its Flood Insurance Study (FIS) for New Haven County, Connecticut, dated May 16, 2017, accompanying Flood Insurance Rate Maps (FIRM), dated May 16, 2017 (Panels -09009C0407J, 09009C0408J, 09009C0409J, 09009C0417J) and December 17, 2010 (Panels -09009C0268H, 09009CO269H, 09009C0290H, 09009C0406H, 09009C0426H, 09009C0428H), and other supporting data applicable to the Town of Woodbridge, and any subsequent revisions thereto, are adopted by reference and declared to be a part of this ordinance. Since mapping is legally adopted by reference into this ordinance it must take precedence when more restrictive until such time as a map amendment or map revision is obtained from FEMA. The area of special flood hazard includes any area 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.
C.
Establishment of the floodplain management. A zoning permit or subdivision plan approval shall be required in compliance with the provisions of the Zoning Regulations and/or Subdivision Regulations (including these Flood Hazard Area Regulations) prior to commencement of any development activities.
D.
Compliance. No structure or land shall hereafter be located, extended, converted, or structurally altered without full compliance with the terms of this chapter and other applicable regulations.
E.
Abrogation and greater restrictions. This chapter are not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restriction. However, where this chapter and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
G.
Warning and disclaimer of liability. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering consideration. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This chapter do not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damage. This chapter shall not create liability on the part of the Town or by any officer or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.
H.
Penalties for violations. Violation of the provisions for this chapter or failure to comply with any of its requirements, including violation of conditions and safeguards established in connection with grants of variance or special exceptions, shall constitute a misdemeanor. Any person who violates this chapter shall be subject to a fine as provided for by the General Statutes of the State of Connecticut and shall pay all costs and reasonable legal fees involved in the case. Nothing herein contained shall prevent the Town from taking such other lawful action as is necessary to prevent or remedy any violation.
§ 495-51 Administration.
A.
Designation of the Flood Plain Prevention Administrator. The Town Plan and Zoning Commission shall administer and implement the Flood Hazard Area Regulations.
B.
Permit procedures.
(1)
Application for a flood hazard permit shall be made to the Town Plan and Zoning Commission on forms furnished by it prior to any development activity, and may include, but not be limited to, the following plans (in a number specified by the Commission) drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing and proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing.
(2)
Specifically, the following information is required:
(a)
Application stage.
[1]
Elevation in relation to mean sea level of the proposed lowest floor (including basement) of all structures as required by § 495-52C(1)(a);
[2]
Elevation in relation to mean sea level to which any non-residential structure will be flood-proofed as required by § 495-52C(1)(b)[2];
[3]
Description of the extent to which any watercourse will be altered or relocated as a result of proposed development;
[4]
A statement as to whether or not proposed alterations to any existing structure meets the criteria of the substantial improvement definition defined in § 495-49;
[5]
A statement as to whether there will be dry access to the structure during the 100-year storm event. Where applicable the following certifications by a registered engineer or architect are required and must be provided to the Commission; "The design and methods of construction are in accordance with accepted standards of Practice, and with the provisions of § 495-52C of the Flood Damage Prevention Regulations";
[6]
Non-residential Flood Proofing — must meet the provision of § 495-52C(1)(b);
[7]
Enclosed Areas Below the Base Flood Elevation - if the minimum design criteria in Sections § 495-52C(2)(a) through (c) are not used then the design and construction methods must be certified as explained in § 495-52C(2); and
[8]
No increase in floodway heights may be allowed. Any development in a floodway must meet the provisions of § 495-52C(3).
(b)
Construction stage. Upon completion of the applicable portion of construction, the applicant shall provide verification to the Commission of the following, as applicable, and pertaining to the lowest floor elevation. The applicant must provide elevation verification that:
[1]
The top of the lowest floor (including basement) in a building or structure located in an A Zone meets the elevation requirements of § 495-52C(1)(a); and
[2]
A building or structure which has been floodproofed is the elevation to which the floodproofing is effective as required by § 495-52C(1)(b).
[3]
Deficiencies detected by the review of the above listed shall be corrected by the permit holder immediately and prior to further progressive work being permitted to proceed. Failure to submit the survey or failure to make said corrections required hereby, shall be cause to issue a stop-work order for the project.
C.
Duties and responsibilities of the Commission. Duties and Responsibilities of the Commission, or its appointed agent, shall include but not be limited to:
(1)
Review all permit applications to determine whether proposed building sites will be reasonably safe from flooding;
(2)
Review all development permits to assure that the permit requirements of this chapter have been satisfied;
(3)
Advise applicant that additional federal or state permits may be required, and if specific federal or state permit requirements are known, require that copies of such permits be provided and maintained on file with the development permit. Possible permits include, but are not limited to: Water Diversion, Dam Safety, Corps of Engineers 404;
(4)
Notify the Regional Planning Commission and the affected municipality at least 35 days prior to the public hearing if any change of the regulations or use of a floodplain zone will affect an area within 500 feet of another municipality;
(5)
Notify adjacent communities and the Department of Environmental Protection, Water Resources Unit prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency;
(6)
Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished;
(7)
Record the elevation (in relation to mean sea level) of the lowest floor (including basement of all new or substantially improved structures, in accordance with § 495-52C(1)(a);
(8)
Record the elevation (in relation to mean sea level) to which the new or substantially improved structures have been floodproofed, in accordance with § 495-52C(1)(b);
(9)
When floodproofing is utilized for a particular structure the Commission shall obtain certification from a registered professional engineer or architect, in accordance with § 495-52C(1)(b);
(10)
Where interpretation is needed as to the exact location of boundaries of the areas of special flood hazard (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) the Commission shall make the necessary interpretation. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided herein;
(11)
When base flood elevation data or floodway data have not been provided in accordance with § 495-50B hereof, then the Commission shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state, or other source in order to administer the provisions of Article XI; and
(12)
All records pertaining to the provisions of this chapter shall be maintained in the Office of the Zoning Enforcement Officer.
§ 495-52 Provisions for flood hazard reduction.
A.
General standards. In all areas of special flood hazard the following provisions are required:
(1)
New construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure.
(2)
New construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.
(3)
New construction or substantial improvements shall be constructed by methods and practices that minimize flood damage.
(4)
Electrical, heating, ventilation, plumbing, air-conditioning equipment, and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.
(5)
New and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.
(6)
New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.
(7)
The on-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding.
(8)
In any portion of a watercourse which is altered or relocated, the flood-carrying capacity shall be maintained.
(9)
A building or structure already in compliance with the provisions of this chapter shall not be made non-compliant by any alteration, repair, reconstruction, or improvement to the building or structure.
(10)
Above-ground storage tanks. Above-ground storage tanks (oil, propane, etc.) which are located outside or inside of a building or structure must either be elevated above the base flood elevation (BFE) on a concrete pad, or be securely anchored with tie-down straps to prevent flotation or lateral movement, have the top of the fill pipe extended above the BFE, and have a screw fill cap that does not allow for the infiltration of floodwater.
(11)
Portion of structure in flood zone. If any portion of a building or structure lies within any portion of an area of special flood hazard the entire building or structure is considered to be entirely located within the special flood hazard area. The entire building or structure must meet the construction requirements of the flood zone. For purposes of this regulation, a building or structure includes any attached additions, garages, decks, sunrooms, or any other building or structure attached to the main building or structure. Decks or porches that extend into a more restrictive flood zone will require the entire building or structure to meet the standards of the more restrictive zone.
(12)
Structures in two flood zones. If a building or structure lies within two or more flood zones, the construction standards of the most restrictive zone apply to the entire building or structure. The structure includes any attached additions, garages, decks, sunrooms, or any other structure attached to the main structure. Decks or porches that extend into a more restrictive zone will require the entire structure to meet the requirements of the more restrictive zone.
(13)
No structures entirely or partially over water. New construction, substantial improvements, and repair to structures that have sustained substantial damage cannot be constructed or located entirely or partially over water unless it is a functionally dependent use or facility.
B.
Standards for streams without established base flood elevations and/or flooding. Obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state, or other source, including data developed pursuant to § 495-51C(11) of this chapter, as criteria for requiring that new construction, substantial improvements, or other development in Zone A on the Town's FIRM meet the standards of § 495-52C(1), (2), and (3) and § 495-53 hereof.
C.
Specific standards.
(1)
In all areas of flood hazard A and AE where base flood elevation data has been provided, as set forth in §§ 495-50B or 495-51C(11), the following provisions are required:
(a)
Residential construction. New construction or substantial improvement of any commercial, industrial, or non-residential structure located in Zone A and AE shall have the lowest floor, including basement, elevated at least to one foot above the level of the base flood elevation; or
(b)
Non-residential construction.
[1]
New construction or substantial improvement of any commercial, industrial, or non-residential structure located in Zone A or AE shall have the lowest floor, including basement, elevated at least to one foot above the level of the base flood elevation; or
[2]
Non-residential structures located in Zone A or AE may be flood-proofed in lieu of being elevated provided that together with all attendant utilities and sanitary facilities the areas of the structure below the required elevation are watertight with walls substantially impermeable to the passage of water, and use structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A registered professional engineer or architect shall review and/or develop structural design, specifications, and plans for the construction, and shall certify that the design and methods of construction are in accordance with acceptable standards of practice for meeting the provisions of this subsection.
(2)
Elevated buildings.
(a)
New construction or substantial improvements of elevated buildings that include fully enclosed areas formed by foundation and other exterior walls below the base flood elevation shall be designed to preclude finished living space and designed to allow for the entry and exit of floodwaters to automatically equalize hydrostatic flood forces on exterior walls.
[1]
Designs for complying with this requirement must either be certified by a professional engineer or architect or meet the following minimum criteria:
[2]
Provide a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding;
[3]
The bottom of all openings shall be no higher than one foot above grade; and,
[4]
Openings may be equipped with screens, louvers, valves, or other coverings or devices provided they permit the automatic flow of floodwaters in both directions.
(b)
Electrical, plumbing, and other utility connections are prohibited below the base flood elevation;
(c)
Access to the enclosed area shall be the minimum necessary to allow for parking of vehicles (garage door) or limited storage of maintenance equipment used in connection with the premises (standard exterior door) or entry to the living area (stairway or elevator).
(3)
Base flood elevations determined but before floodway is designated. In A Zones where base flood elevations have been determined, but before a floodway is designated, require that no new construction, substantial improvement, or other development (including fill), be permitted which would increase base flood elevations more than one foot at any point along the watercourse when all anticipated development is considered cumulatively with the proposed development.
(4)
Floodways. Located within areas of special flood hazard are areas designated as floodways on the Town's Flood Insurance Rate Map or which may have been determined in § 495-51C(11). Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles and has erosion potential, the following provisions shall apply:
(a)
Prohibit encroachment, including fill, new construction, substantial improvements, and other developments unless certification (with supporting technical data) by a registered professional engineer is provided demonstrating, through hydrologic and hydraulic analyses performed in accordance with standard engineering practice, that encroachments shall not result in any (0.00 feet) increase in flood levels during occurrence of the base flood discharge.
(b)
Fences in the floodway must be aligned with the flow and be of an open design.
(5)
Standards for watercourses without adopted floodways. The Commission may request floodway data of an applicant for watercourses without FEMA-published floodways. When such data is provided by an applicant or whenever such data is available from any other source (in response to the municipality's request or not), the Commission shall adopt a regulatory floodway based on the principle that the floodway must be able to convey the waters of the base flood without increasing the water surface elevation more than one foot at any point within the community.
(6)
Compensatory storage. The water holding capacity of the floodplain, except those areas which are tidally influenced, shall not be reduced. Any reduction in water holding capacity caused by filling, new construction, or substantial improvements involving an increase in footprint to the building or structure, shall be compensated for by deepening and/or widening of the floodplain. The compensatory storage shall be provided on-site, unless easements have been gained from adjacent property owners; it shall be provided within the same hydraulic reach and a volume not previously used for flood storage; it shall be hydraulically comparable and incrementally equal to the theoretical volume of floodwater at each elevation, up to and including the 100-year flood elevation, which would be displaced by the proposed project. Such compensatory volume shall have an unrestricted hydraulic connection to the same waterway or water body. Compensatory storage can be provided off-site if approved by the municipality.
(7)
Equal conveyance. Within the floodplain, except those areas which are tidally influenced, as designated on the Flood Insurance Rate Map (FIRM) for the Town of Woodbridge, encroachments resulting from filling, new construction or substantial improvements involving an increase in footprint of the building or structure, are prohibited unless the applicant provides certification by a registered professional engineer demonstrating, with supporting hydrologic and hydraulic analyses performed in accordance with standard engineering practice, that such encroachments shall not result in any (0.00 feet) increase in flood levels (base flood elevation). Work within the floodplain and the land adjacent to the floodplain, including work to provide compensatory storage shall not be constructed in such a way so as to cause an increase in flood stage or flood velocity.
D.
Manufactured homes and recreational vehicles (RVs).
(1)
Manufactured homes are expressly prohibited in any areas of special flood hazard within the Town of Woodbridge, 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 Woodbridge, and any subsequent revisions thereto, are adopted by reference and declared to be a part of this ordinance.
(2)
Recreational vehicles placed on sites within an area of special flood hazard shall either be on the site for fewer than 180 consecutive days and be fully licensed and ready for highway use, or meet all the general standards of § 495-52A and the elevation and anchoring requirements of § 495-52D(3). A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions. Any recreational vehicle meeting the requirements of either (a) or (b) of this section[1] shall not be subject to the prohibition in § 495-52D(1).
(3)
In all areas of special flood hazard, any RV placed on the site for 180 consecutive days or more shall be elevated at least one foot above the base flood elevation (BFE).
(4)
In all areas of special flood hazard, any RV placed on the site for 180 consecutive days or more shall be placed on a permanent foundation which itself is securely anchored and to which the RV is securely anchored so that it will resist flotation, lateral movement and hydrostatic pressures. Anchoring may include, but not be limited to, the use of over-the-top or frame ties to ground anchors.
(5)
In all areas of special flood hazard, any RV placed on the site for 180 consecutive days or more shall be installed using methods and practices which minimize flood damage. Adequate access and drainage should be provided. Elevation construction standards include piling foundations placed no more than 10 feet apart, and reinforcement is provided for piers more than six feet above ground level.
§ 495-53 Standards for subdivision proposals in all special flood hazard areas.
A.
Standards for subdivision proposals. In all special flood hazard areas the following requirements shall apply:
(1)
All subdivision proposals shall be consistent with the need to minimize flood damage;
(2)
All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage;
(3)
All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards; and
(4)
In Zone A, the BFE data shall be provided for subdivision proposals.
§ 495-54 Variances.
A.
Specific situation variances.
(1)
Buildings on an historic register. Variance may be issued for the reconstruction, rehabilitation, or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places without regard to the procedures set forth or in the remainder of this section, except for § 495-54C(1) through (3), and provided the proposed reconstruction, rehabilitation, or restoration will not result in the structure losing its historical character.
(2)
Existing, small lot location. Variance may be issued for new construction and substantial improvements to be erected on a lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base fold level, in conformance with § 495-54C(1) through (3).
(3)
Floodway prohibition. Variances shall not be issued within any designated floodway, if any increase in flood levels during the base flood discharge would result.
B.
Considerations for granting of variances.
(1)
In passing upon such applications, the Zoning Board of Appeals shall consider all technical evaluations, all relevant factors, all standards specified in other sections of this chapter, and:
(a)
The danger that materials may be swept onto other lands to the injury of others;
(b)
The danger to life and property due to flooding or erosion damage;
(c)
The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
(d)
The importance of the services provided by the proposed facility to the community;
(e)
The necessity of the facility to waterfront location, in the case of a functionally dependent facility;
(f)
The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use;
(g)
The compatibility of the proposed use with existing and anticipated development;
(h)
The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;
(i)
The safety of access to the property in times of flood for ordinary and emergency vehicles;
(j)
The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters; and
(k)
The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, and streets and bridges.
(2)
Upon consideration of the factors listed above and the purposes of this chapter, the Zoning Board of Appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
C.
Conditions of variances.
(1)
Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief, and in the instance of a historical building, the determination that the variance is the minimum necessary so as not to destroy the historic character and design of the building.
(2)
Variances shall only be issued upon:
(a)
A showing of good and sufficient cause;
(b)
A determination that failure to grant the variance would result in exceptional hardship; and
(c)
A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.
(3)
Any applicant to whom a variance is granted shall be given written notice specifying the difference between the base flood elevation and the elevation to which the structure is to be built and stating that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation up to amounts as high as $25 for $100 of insurance coverage.