This chapter shall apply to all areas of special flood hazard
within the jurisdiction of the Town of Orange.
[Amended 5-10-2017]
The areas of special flood hazard identified by the Federal
Emergency Management Agency (FEMA) in its Flood Insurance Study (FIS)
for New Haven County, Connecticut, dated May 16, 2017, and accompanying
Flood Insurance Rate Maps (FIRM), dated May 16, 2017 (Panels 09009C0408J,
09009C0409J, 09009C0414J, 09009C0416J, 09009C0417J, 09009C0418J),
July 8, 2013 (Panels 09009C0532J, 09009C0551J), and December 17, 2010
(Panels 09009C0412H, 09009C0419H, 09009C0428H, 09009C0436H, 09009C0438H),
and other supporting data applicable to the Town of Orange and any
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
a 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. The FIS and FIRM are on file with the Town
Clerk.
A development permit shall be required, in conformance with
the provisions of this chapter, prior to the commencement of any development
activities within 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:
A. Considered as minimum requirements;
B. Liberally construed in favor of the governing body; and
C. Deemed neither to limit nor repeal any other powers granted under
state statutes.
The degree of flood protection required by this chapter is considered
reasonable for regulatory purposes and is based on scientific and
engineering considerations. 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 Orange 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.