[HISTORY: Adopted by the Town of North Haven 9-3-1987 Special Town
Meeting; amended in its entirety 6-26-2013 Special Town Meeting. Subsequent amendments noted where
applicable.]
The legislature of the State of Connecticut has, in Section
7-148(c)(7) of the General Statutes, delegated the responsibility
to local governmental units to adopt regulations designed to promote
the public health, safety and general welfare of its citizenry. Therefore,
the Town Meeting of the Town of North Haven, Connecticut, does ordain
as follows.
A.
The flood hazard areas of the Town of North Haven are subject to
periodic inundation which results in loss of life and property, health
and safety hazards, disruption of commerce and governmental services,
extraordinary public expenditures for flood protection and relief
and impairment of the tax base, all of which adversely affect the
public health, safety and general welfare.
B.
These flood losses are caused by the cumulative effect of obstructions
in floodplains causing increases in flood heights and velocities and
by the occupancy in flood hazard areas by uses vulnerable to floods
or hazardous to other lands which are inadequately elevated or floodproofed
or otherwise unprotected from flood damages.
It is the purpose of this chapter to promote the public health,
safety and general welfare and to minimize public and private losses
due to flood conditions in specific areas by provisions designed to:
A.
Restrict or prohibit uses which are dangerous to health, safety and
property due to water or erosion hazards or which result in damaging
increases in erosion or in flood heights or velocities.
B.
Require that uses vulnerable to floods, including facilities which
serve such uses, be protected against flood damage at the time of
initial construction.
C.
Control the alteration of natural floodplains, stream channels and
natural protective barriers which are involved in the accommodation
of floodwaters.
D.
Control filling, grading, dredging and other development which may
increase erosion of flood damage.
E.
Prevent or regulate the construction of flood barriers which will
unnaturally divert floodwaters or which may increase flood hazards
to other lands.
The objectives of this chapter are to:
A.
Protect human life and health.
B.
Minimize expenditure of public money for costly flood control projects.
C.
Minimize the need for rescue and relief efforts associated with flooding
and generally undertaken at the expense of the general public.
D.
Minimize prolonged business interruptions.
E.
Minimize damage to public facilities and utilities, such as water
and gas mains, electric, telephone and sewer lines, streets and bridges,
located in floodplains.
F.
Help maintain a stable tax base by providing for the sound use and
development of flood-prone areas in such a manner as to minimize flood
blight areas.
G.
Ensure that potential home buyers are notified that property is in
a flood area.
A.
Unless specifically defined below, words or phrases used in this
chapter shall be interpreted so as to give them the meanings they
have in common usage and to give this chapter its most reasonable
application.
B.
ADDITION (TO AN EXISTING BUILDING)
APPEAL
AREA OF SPECIAL FLOOD HAZARD
BASE FLOOD
BASE FLOOD ELEVATION (BFE)
BASEMENT
BREAKAWAY WALL
BUILDING
COST
DEVELOPMENT
ELEVATED BUILDING
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA)
FINISHED LIVING SPACE
FLOOD INSURANCE RATE MAP (FIRM)
FLOOD INSURANCE STUDY
FLOOD or FLOODING
FLOODWAY
FLOOR
FUNCTIONALLY DEPENDENT USE OR FACILITY
HIGHEST ADJACENT GRADE
HISTORIC STRUCTURE
(1)
(2)
(3)
(4)
LOWEST FLOOR
MANUFACTURED HOME
MANUFACTURED HOME PARK OR SUBDIVISION
MARKET VALUE
MEAN SEA LEVEL (MSL)
NEW CONSTRUCTION
NEW MANUFACTURED HOME PARK OR SUBDIVISION
RECREATIONAL VEHICLE
(1)
(2)
(3)
(4)
START OF CONSTRUCTION
STRUCTURE
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
VARIANCE
VIOLATION
WATER SURFACE ELEVATION
As used in this chapter, the following terms shall have the meanings
indicated:
Any walled and roofed expansion to the perimeter of a building
in which the addition is connected by a common load-bearing wall other
than a fire wall. Any walled and roofed addition which is connected
by a fire wall or is separated by independent perimeter load-bearing
walls is new construction.
A request for a review of the Town Engineer's interpretation
of any provision of this chapter or a request for a variance.
The land in the floodplain within a community subject to
a one-percent or greater chance of flooding in any given year.
The flood having a one-percent chance of being equaled or
exceeded in any given year.
The elevation of the crest of the base 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.
That portion of a building having its floor subgrade (below
ground level) on all sides.
A wall that is not part of the structural support of the
building and is intended through its design and construction to collapse
under specific lateral loading forces without causing damage to the
elevated portion of the building or the supporting foundation system.
Any structure built for support, shelter or enclosure for
any occupancy or storage.
As related to substantial improvements, the cost of any reconstruction,
rehabilitation, addition, alteration, repair or other improvement
of a structure shall be established by a detailed written contractor's
estimate. The estimate shall include, but not be limited to, the cost
of materials (interior finishing elements, structural elements, utility
and service equipment); sales tax on materials, building equipment
and fixtures, including heating and air conditioning and utility meters;
labor; built-in appliances; demolition and site preparation; repairs
made to damaged parts of the building worked on at the same time;
contractor's overhead; contractor's profit; and grand total.
Items to be excluded include cost of plans and specifications, survey
costs, permit fees, 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 nonbasement building built to have the lowest floor elevated
above the ground level by means of fill, solid foundation perimeter
walls, pilings, columns (posts and piers), shear walls or breakaway
walls.
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured home
are to be affixed (including, as a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed before October 1, 1980, the
effective date of the floodplain management ordinance adopted by the
community.
The preparation of additional sites by the construction of
facilities for servicing the lots on which the manufacturing homes
are to be affixed (including the installation of utilities, the construction
of streets, and either final site grading or the pouring of concrete
pads).
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.
The report contains flood profiles, as well as the Flood Insurance
Rate Map 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 overflow or inland
or tidal water or the unusual and rapid accumulation of 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
the 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 the 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 shipbuilding
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:
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;
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;
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
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
The lowest floor of the lowest enclosed area, including the
basement. An unfinished or flood-resistant enclosure usable solely
for parking of vehicles, building access or storage, in an area other
than a basement area is not considered a building's lowest floor.
A structure, transportable in one or more sections, which
is built on a permanent chassis and designed to be used with or without
a permanent foundation when connected to the required utilities. The
term also includes recreational vehicles, park trailers, travel trailers
and similar transportable structures placed on site for 180 consecutive
days or longer and intended to be improved property.
A parcel or contiguous parcels of land divided into two or
more manufactured home lots for rent or sale.
Market value of the structure shall be determined by the
appraised value of the structure, using the cost approach to 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 are referenced.
Structures for which the start of construction commenced
on or after October 1, 1980, the effective date of the floodplain
management regulations, and includes any subsequent improvements to
such structures.
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed on or after October 1, 1980,
the effective date of the floodplain management regulation adopted
by the community.
A vehicle which is:
Built on a single chassis;
Four hundred square feet or less when measured at the largest
horizontal projection;
Designed to be self-propelled or permanently towable by a light-duty
truck; and
Designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel, or seasonal
use.
For other than new construction or substantial improvements
under the Coastal Barrier Resources Act (P.L. 97-348), includes substantial
improvement, and means the date the building permit was issued, provided
that 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 or 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 or the erection of temporary forms,
nor does it include the installation on the property of accessory
buildings, such as garages or sheds not occupied as dwelling units
or not part of the main structure. 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 that is principally aboveground,
a manufactured home, a gas or liquid storage tank or other man-made
facilities or infrastructures.
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 market value of the structure before the
damage occurred. "Substantial damage" also means flood-related damages
sustained by a structure on two separate occasions during a ten-year
period for which the cost of repairs at the time of each such flood
event, on the average, equals or exceeds 25% of the market value of
the structure before the damage occurred.
Any combination of repairs, reconstructions, alterations
or improvements to a structure, taking place over a ten-year period,
in which the cumulative cost equals or exceeds 50% of the market value
of the structure before the start of construction of the improvement.
This term includes structures that have incurred substantial damage,
regardless of the actual repair work performed. The market value of
the structure should be the appraised value using the cost approach
of value to 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 the purposes of this definition,
substantial improvement is considered to occur when the first alteration
of any wall, ceiling, floor or other structural part of the building
commences, whether or not that alteration affects the external dimensions
of the structure. The term does not, however, include any project
for improvement of a structure required to correct existing violations
of state or local health, sanitary, or safety code specifications
which have been identified by the local code enforcement official
and which are the minimum 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 structure or other development to be fully compliant
with the community's floodplain management ordinance. A structure
or other development without required permits, lowest floor elevation
documentation, floodproofing certificates or required floodway encroachment
calculations is presumed to be in violation until 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 floodplains of coastal or riverine
areas.
This chapter shall apply to all areas of special flood hazard
within the jurisdiction of the Town of North Haven.
The areas of special flood hazard within the Town of North Haven
are identified by the Federal Emergency Management Agency (FEMA) in
its Flood Insurance Study (FIS) for New Haven County, Connecticut,
dated July 8, 2013, accompanying Flood Insurance Rate Maps (FIRM),
dated July 8, 2013 (Panels 09009C0294J, 09009C0313J, 09009C0432J,
09009C0434J, 09009C0451J, 09009C0453J), and December 17, 2010, (Panels
09009C0292H, 09009C0311H, 09009C0312H, 09009C0314H, 09009C0431H, 09009C0452H,
09009C0454H), and other supporting data applicable to the Town of
North Haven, and subsequent revisions thereto, are adopted by reference
and declared to be a part of this chapter. Since mapping is legally
adopted by reference into this chapter, 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 the 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.
A development permit shall be required in conformance with the
provisions of this chapter prior to the commencement of any development
activities within the areas of special flood hazard.
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.
This chapter is not intended to repeal, abrogate or impair any
existing easements, covenants or deed restrictions; however, where
this chapter and another conflict or overlap, whichever imposes the
more stringent restrictions shall prevail.
In the interpretation and application of this chapter, all provisions
shall be:
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 does not imply that land outside the areas of special
flood hazard or uses permitted within such areas will be free from
flooding or flood damages. This chapter shall not create liability
on the part of the Town of North Haven or any officer or employee
thereof for any flood damages that result from reliance on this chapter
or any administrative decision lawfully made thereunder.
The Town Engineer is hereby appointed to administer and implement
the provisions of this chapter.
Application for a development permit shall be made to the Town
Engineer on forms furnished by him or her prior to any development
activities and may include but not be limited to the following plans,
in duplicate, drawn to scale, showing the nature, location, dimensions
and elevation of the area in question, existing or proposed structures,
fill, storage of materials and drainage facilities and the location
of the foregoing. Specifically, the following information is required:
A.
Application stage. An application for a development permit shall
include the following:
(1)
Elevation, in relation to mean sea level, of the proposed lowest
floor, including the basement, of all structures.
(2)
Elevation, in relation to mean sea level, to which any nonresidential
structure will be floodproofed.
(3)
A description of the extent to which any watercourse will be altered
or relocated as a result of the proposed development.
(4)
A statement as to whether or not the proposed alterations to an existing structure meet the criteria of the substantial improvement definition in § 121-5.
(5)
A statement as to whether there will be dry access to the structure
during the one-hundred-year storm event.
(6)
Where applicable, the following certifications by a registered engineer or architect are required and must be provided to the Town Engineer. The design and methods of construction must be certified to be in accordance with accepted standards of practice and with the provisions of § 121-16C.
(a)
A statement of the method of floodproofing of nonresidential
construction is required under § 121-16C(1)(b)(2).
(b)
A description of the enclosed areas below the base flood elevation. If the minimum design criteria in § 121-16C(2)(a) through (c) are not used, then the design and construction methods must be certified as explained in § 121-16C(2).
B.
Construction stage. Upon completion of the applicable portion of
construction, the applicant shall provide verification to the Town
Engineer of the following, as applicable:
(1)
Lowest floor elevation.
(a)
For a structure in an A or AE Zone, the top of the lowest floor, including the basement [§ 121-16C(1)(a)].
(b)
For a structure which as been floodproofed, the elevation to which the floodproofing is effective [§ 121-16C(1)(b)].
(2)
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.
Duties of the Town Engineer shall include but not be limited
to the following:
A.
He shall review all permit applications to determine whether proposed
building sites will be reasonably safe from flooding.
B.
He shall review all development permits to assure that the permit
requirements of this chapter have been satisfied.
C.
He shall advise the permittee that additional federal or state permits
may be required and, if specific federal or state permit requirements
are known, require that copies of such permits be provided and maintained
on file with the development permit. Possible permits include but
are not limited to coastal area management permit, water diversion
permit, dam safety permit and Army Corps of Engineers 404 Permit.
D.
He shall notify the Regional Planning Agency and the affected municipality
at least 35 days prior to the public hearing if any change of regulation
or use of a flood zone will affect an area within 500 feet of another
municipality.
E.
He shall notify adjacent communities and the Department of Environmental
Protection, Water Resources Unit, prior to an alteration or relocation
of a watercourse and submit evidence of such notification to the Federal
Emergency Management Agency.
F.
He shall assure that maintenance is provided within the altered or
relocated portion of said watercourse so that the flood-carrying capacity
is not diminished.
G.
He shall record the elevation, in relation to mean sea level, of the lowest floor, including the basement, of all new or substantially improved structures, in accordance with § 121-16C(1)(a).
H.
He shall record the elevation, in relation to mean sea level, to which the new or substantially improved structures have been floodproofed, in accordance with § 121-16C(1)(b).
I.
When floodproofing is utilized for a particular structure, the Town
Engineer shall obtain certification from a registered professional
engineer or architect, in accordance with § 212-16C(1)(b).
J.
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 Town Engineer 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 in this chapter.
K.
When base flood elevation date or floodway data have not been provided in accordance with § 121-7, then the Town Engineer 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 § 121-16.
L.
All records pertaining to the provisions of this chapter shall be
maintained in the office of the Town Engineer.
M.
The Town Engineer shall cause notice of the issuance of a development
permit, within 15 days of its issuance, to be published in a newspaper
having general circulation in the Town of North Haven.
N.
Each development permit shall authorize, as a condition of approval,
the Town Engineer or designated agents to make regular inspections
of the subject property. The Town Engineer or designated agents are
also authorized to inspect any property in a special flood hazard
area where it appears that violations of these regulations may be
taking place.
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 resulting
from hydrodynamic and hydrostatic loads, including the effects of
buoyancy.
(2)
New construction and substantial improvements shall be constructed
with materials 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 systems.
(6)
New and replacement sanitary sewage systems shall be designed to
minimize or eliminate infiltration of floodwaters into the systems
and discharges from the systems into floodwaters.
(7)
On-site waste disposal systems shall be located and constructed to
avoid impairment to them or contamination from them during flooding.
(8)
Manufactured homes.
(a)
All manufactured homes (mobile homes) to be newly placed, undergoing
a substantial improvement, or repaired as a result of substantial
damage, shall be elevated so that the lowest floor is above the base
flood elevation. This includes manufactured homes placed outside a
manufactured home park or subdivision, in a new manufactured home
park or subdivision, in an existing manufactured home park or subdivision,
in an expansion to an existing manufactured home park or subdivision,
or on a site in an existing park which a manufactured home has incurred
substantial damage as a result of a flood.
(b)
All such homes shall be placed on a permanent foundation which
is securely anchored and to which the structure is securely anchored
so that it will resist flotation, lateral movement and hydrostatic
and hydrodynamic pressures. Anchoring may include but not be limited
to the use of over-the-top or frame ties to ground anchors.
(c)
All such homes shall be installed using methods and practices
which minimize flood damage.
(d)
All recreational vehicles to be placed on a site within areas of special flood hazard must be on the site for fewer than 180 consecutive days and be fully licensed and ready for highway use, or meet the permit requirements of § 121-8 and the elevation and anchoring requirements for "manufactured homes" as specified in § 121-16A(8)(a), (b), and (c). 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.
(9)
In any portion of a watercourse which is altered or relocated, the
flood-carrying capacity shall be maintained.
(10)
A structure already in compliance with the provisions of this
chapter shall not be made noncompliant by any alteration, repair,
reconstruction or improvement to the structure.
(11)
Aboveground storage tanks. Aboveground storage tanks (oil, propane,
etc.) which are located outside or inside of the 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.
(12)
Portion of structure in flood zone. If any portion of a structure
lies within the special flood hazard area (SFHA), the entire structure
is considered to be in the SFHA. The entire structure must meet the
construction requirements of the flood zone. The structure includes
any attached additions, garages, decks, sunrooms, or any other structure
attached to the main structure. Decks or porches that extend into
a more restrictive flood zone will require the entire structure to
meet the standards of the more restrictive zone.
(13)
Structures in two flood zones. If a structure lies within two
or more flood zones, the construction standards of the most restrictive
zone apply to the entire structure (i.e., V Zone is more restrictive
than A Zone; structure must be built to the highest BFE). The structure
includes any attached additions, garages, decks, sunrooms, or any
other structure attached to the main structure. (Decks or porches
that extend into a more restrictive zone will require the entire structure
to meet the requirements of the more restrictive zone.)
(14)
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.
(1)
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 § 121-7 and 121-17D, as criteria for requiring that new construction, substantial improvements or other development in Zone A on the community's FIRM meets the standards in Subsection C(1), (2) and (3) and § 121-17.
(2)
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 will increase base flood elevations more than one foot at any
point along the watercourse when all anticipated development is considered
cumulatively with the proposed development.
(3)
Should data be requested and/or provided, adopt a regulatory floodway
based on the principle that the floodway must be able to convey the
waters of the base flood without increasing the water surface elevation
more than one foot at any point along the watercourse.
C.
Specific standards.
(1)
In all areas of special flood hazard designated A or AE on the FIRM, where base flood elevation data has been provided as set forth in §§ 121-7, 121-15K or 121-17D, the following provisions are required:
(a)
Residential construction. New construction or substantial improvement
of any residential structure shall have the lowest floor, including
the basement, elevated at least to 1.0 foot above the base flood elevation.
(b)
Nonresidential construction.
[1]
New construction or substantial improvement of any commercial,
industrial or nonresidential structure located in Zone A or AE shall
have the lowest floor, including the basement, elevated at least to
1.0 foot above the level of the base flood elevation; or
[2]
Nonresidential structures located in all A and AE Zones may be floodproofed in lieu of being elevated, provided that, together with all attendant utilities and sanitary facilities, the areas of the structure below the 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 effects of buoyancy. A registered professional engineer or architect shall review and/or develop structural designs, 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. Such certification shall be provided to the official as set forth in § 121-14A.
(2)
Elevated buildings. 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.
(a)
Designs for complying with this requirement must either be certified
by a professional engineer or architect or meet the following minimum
criteria:
[1]
A minimum of two openings having a total net area of not less
than one square inch for every square foot of enclosed area subject
to flooding shall be provided.
[2]
The bottom of all openings shall be no higher than one foot
above grade.
[3]
Openings may be equipped with screens, louvers, valves or other
coverings or devices, provided that 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)
Floodways. Located within the areas of special flood hazard established in § 121-7 are areas designated as floodways on the community's Flood Insurance Rate Map. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris and potential projectiles and have erosion potential, the following provisions shall apply: All encroachments are prohibited, including fill, new construction, substantial improvement, repairs to substantially damaged structures and other development, 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 such encroachments shall not result in any (0.00) increase in flood levels during the occurrence of the base flood discharge. Fences in the floodway must be aligned with the flow and be of an open design.
(4)
Compensatory storage. The water-holding capacity of the floodplain,
except those areas which are tidally influenced, shall not be reduced.
Any reduction caused by filling, new construction or substantial improvements
involving an increase in footprint to the structure shall be compensated
for by deepening and/or widening of the floodplain. Storage shall
be provided on site, unless easements have been gained from adjacent
property owners; it shall be provided within the same hydraulic reach
and a volume not previously used for flood storage; it shall be hydraulically
comparable and incrementally equal to the theoretical volume of floodwater
at each elevation, up to and including the one-hundred-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.
(5)
Equal conveyance. Within the floodplain, except those areas which
are tidally influenced, as designated on the Flood Insurance Rate
Map (FIRM) for the community, encroachments resulting from filling,
new construction or substantial improvements involving an increase
in footprint of the structure are prohibited unless the applicant
provides certification by a registered professional engineer demonstrating,
with supporting hydrologic and hydraulic analyses performed in accordance
with standard engineering practice, that 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.
In all special flood hazard areas, the following requirements
shall apply:
A.
All subdivision proposals shall be consistent with the need to minimize
flood damage.
B.
All subdivision proposals shall have public utilities and facilities,
such as sewer, gas, electrical and water systems, located and constructed
to minimize flood damage.
C.
All subdivision proposals shall have adequate drainage provided to
reduce exposure to flood hazards.
D.
In Zone A, base flood elevation data shall be provided for subdivision
proposals and other proposed development, including manufactured home
parks and subdivisions, which are five acres or 50 lots, whichever
occurs first.
A.
An Appeals Board, consisting of the Board of Selectmen of the Town
of North Haven, shall hear and decide appeals and requests for variances
from the requirements of this chapter.
B.
The Board of Selectmen shall hear and decide appeals when it is alleged
that there is an error in any requirement, decision or determination
made by the Town Engineer in enforcement or administration of this
chapter.
C.
Any person aggrieved by the decision of the Board of Selectmen or
a person owning land which abuts or is within a radius of 100 feet
of the land in question may appeal, within 15 days after such decision,
to the Superior Court of the State of Connecticut of the Judicial
District of New Haven at New Haven in the same manner as provided
in Section 8-8 of the General Statutes.
A.
Buildings on an historic register. Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places without regard to the procedures set forth in the remainder of this section, except for § 121-21A through D, provided that the proposed reconstruction rehabilitation or restoration will not result in the structure losing its historical character.
B.
Preexisting, small lot location. Variances may be issued by a community for new construction and substantial improvements to be erected on a lot 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, in conformance with § 121-21A through D.
C.
Functionally dependent uses. Variances may be issued for new construction and substantial improvement and other development necessary for the conduct of a functionally dependent use, provided that the structure or other development is protected by methods that minimize flood damage, create no additional threat to public safety and meet the requirements of § 121-21A through D.
D.
Floodway prohibition. Variances shall not be issued within any designated
floodway if any increase in flood levels during the base flood discharge
would result.
A.
In passing upon such applications, the Board of Selectmen shall consider
all technical evaluations, all relevant factors, all standards specified
in other sections of this chapter and:
(1)
The danger that materials may be swept onto other lands to the injury
of others;
(2)
The danger of life and property due to flooding or erosion damage;
(3)
The susceptibility of the proposed facility and its contents to flood
damage and the effect of such damage on the individual owner;
(4)
The importance of the services provided by the proposed facility
to the community;
(5)
The necessity of the facility to waterfront location, in the case
of a functionally dependent facility;
(6)
The availability of alternative locations not subject to flooding
or erosion damage for the proposed use;
(7)
The compatibility of the proposed use with existing and anticipated
development;
(8)
The relationship of the proposed use to the comprehensive plan and
floodplain management program for that area;
(9)
The safety of access to the property in times of flood for ordinary
and emergency vehicles;
(10)
The expected heights, velocity, duration, rate of rise and sediment
transport of the floodwaters and the effects of wave action, if applicable,
expected at the site; and
(11)
The costs of providing governmental services during and after
flood conditions, including maintenance and repair of public utilities
and facilities such as sewer, gas, electrical and water systems and
streets and bridges.
B.
Upon consideration of the factors listed above and the purposes of
this chapter, the Board of Selectmen may attach such conditions to
the granting of variances as it deems necessary to further the purposes
of this chapter.
A.
A variance 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 an historical building, a determination
that the variance is the minimum necessary as not to destroy the historic
character and design of the building.
B.
Variances shall only be issued upon:
(1)
A showing of good and sufficient cause;
(2)
A determination that failure to grant the variance would result in
exceptional hardship; and
(3)
A determination that the granting of a variance will not result in
increased flood heights, additional threats to public safety or extraordinary
public expense or create a nuisance, cause fraud on or victimization
of the public or conflict with existing local laws or ordinances.
C.
Any applicant to whom a variance is granted shall be given written
notice specifying the difference between the 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.
D.
The Town Engineer shall maintain the records of all appeal actions
and report any variances to the Federal Emergency Management Agency
upon request.
Violation of the provisions of this chapter or failure to comply
with any of its requirements, including violation of conditions and
safeguards established in connection with grants of variance or special
exceptions, shall constitute a misdemeanor. Any person who violates
this chapter or fails to comply with any of its requirements shall,
upon conviction thereof, be fined no more than $100 per day. Nothing
herein contained shall prevent the Town of North Haven from taking
such other lawful action as is necessary to prevent or remedy any
violation.
If any section, subsection, provision, portion, paragraph, sentence,
clause, or phrase of this Town ordinance should be declared invalid
for any reason whatsoever, such decision shall not affect the remaining
portions of this chapter, which shall remain in full force and effect;
and to this end the provisions of this chapter are hereby declared
to be severable.
