[HISTORY: Adopted by the Town Council of the Town of Stratford 9-13-1993;[1] amended in its entirety 6-14-2010 by Ord. No. 10-14.
Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 62.
Housing standards — See Ch. 123.
Water — See Ch. 209.
Wetlands and watercourses — See Ch. 217.
Zoning — See Ch. A220.
[1]
Editor's Note: This ordinance also superseded former
Ch. 102, Flood Damage Prevention, adopted 4-27-1978, as amended 4-9-1984.
The Legislature of the State of Connecticut has in Title 7 and
Title 8 of the Connecticut General Statutes, more specifically § 7-148(c)(7),
as amended, 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 Council
of Stratford, Connecticut, does ordain as follows.
A.
The flood hazard areas of Stratford 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 areas of special flood hazard which increase damage to uses in
the other areas. Uses that are inadequately floodproofed, elevated
or otherwise protected from flood damage also contribute to flood
loss.
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.
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; and streets and
bridges located in areas of special flood hazard.
F.
Help maintain a stable tax base by providing for the sound use and
development of areas of special flood hazard so as to minimize future
flood-blight areas.
G.
Ensure that potential buyers are notified that property is in an
area of special flood hazard.
H.
Ensure that those who occupy the areas of special flood hazard assume
responsibility for their actions.
In order to accomplish its purposes, this chapter includes methods
and provisions for:
A.
Restricting or prohibiting 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.
Requiring that uses vulnerable to floods, including facilities which
serve such uses, be protected against flood damage at the time of
initial construction.
C.
Controlling the alteration of natural floodplains, stream channels
and natural protective barriers, which help accommodate or channel
floodwaters.
D.
Controlling, filling, grading, dredging and other development which
may increase flood damage.
E.
Preventing or regulating the construction of flood barriers which
will unnaturally divert floodwaters or which may increase flood hazards
in other areas.
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.
APPEAL
AREA OF SPECIAL FLOOD HAZARD
BASE FLOOD
BASE FLOOD ELEVATION (BFE)
BASEMENT
BREAKAWAY WALLS
BUILDING
COASTAL HIGH-HAZARD AREA
COST
DEVELOPMENT
ELEVATED BUILDING, AE ZONE
ELEVATED BUILDING, VE ZONE
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 ELEVATION STUDY)
FLOOD or FLOODING
FUNCTIONALLY DEPENDENT USE OR FACILITY
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)
REGULATORY FLOODWAY
SAND DUNES
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:
A request for a review of the Building Inspector'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; also referred to as the "one-hundred-year
flood," as published by the Federal Emergency Management Agency (FEMA)
as part of a Flood Insurance Study (FIS) and depicted on a Flood Insurance
Rate Map (FIRM).
The particular elevation of the base flood, referenced to
mean sea level, as specified on the Flood Insurance Rate Maps.
Any area of the 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 that 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 supporting foundation
system.
See definition for "structure."
The area subject to high-velocity water, including but not
limited to hurricane wave wash or tsunamis. The area is designated
on the Flood Insurance Rate Map (FIRM) as Zone VE.
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 top of the elevated
floor elevated above the ground level by means of pilings, columns
(posts and piers) or shear walls or by means of fill or solid foundation
perimeter walls with openings sufficient to facilitate the unimpeded
movement of floodwaters.
A nonbasement building built to have the bottom of the lowest horizontal structural member of the elevated floor elevated above the ground level by means of pilings, columns (posts and piers) or shear walls parallel to the flow of water and adequately anchored so as not to impair the structural integrity of the building during a flood up to the magnitude of the base flood. "Elevated building" also includes structures which have the lower area enclosed by means of breakaway walls if the breakaway walls meet the standards of § 102-19B(4).
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, 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 the effective date,
April 27, 1978, 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.
The official map on which the Federal Emergency Management
Agency (FEMA) has delineated both the areas of special flood hazard
and the risk-premium zones applicable to the community, including
the coastal high-hazard areas designated as Zone VE and special flood
hazard areas designated as Zones A and AE.
An examination, evaluation and determination of flood hazards
and, if appropriate, corresponding water surface elevations, or an
examination, evaluation and determination of mudslide (i.e, mudflow)
and/or flood-related erosion hazards.
A general and temporary condition of partial or complete
inundation of normally dry land areas from overflow of inland or tidal
waters and/or unusual and rapid accumulation of runoff of surface
waters from any source.
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.
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 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, provided that such an area meets the design requirements specified in § 102-18C of this chapter.
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.
A parcel of contiguous parcels of land divided into two or
more manufactured home lots for rent or sale.
The value of the structure shall be determined by the appraised
value of the structure using the cost approach to value method prior
to the start of the initial repair or improvements, or in the case
of damage, the value of the structure prior to the damage occurring.
The North American Vertical Datum (NGVD) 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 April 27, 1978, 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 the effective date,
April 27, 1978, 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 towed by a light-duty
truck; and
Designed primarily not for use as a permanent dwelling but as
a temporary living quarters for recreational, camping, travel, or
seasonal use.
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
a designated height.
Naturally occurring accumulations of sand in ridges or mounds
landward of the beach.
The first placement of permanent construction of a structure
on a site, such as the pouring of slabs or footings or any work beyond
the stage of excavation. "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 as part of the main structure. For
a structure without a basement or poured footings, the "start of construction"
includes the first permanent framing or assembly of the structure
or any part thereof on its piling or foundation. 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, including a gas or liquid storage
tank that is principally above ground, as well as a manufactured home.
Damage of any origin sustained by a structure, whereby the
cost of restoring the structure to its predamaged condition would
equal or exceed 50% of the market value of the structure before the
damage occurred.
Any combination of repairs, reconstruction, alteration or
improvements to a structure taking place over a one-year period in
which the cumulative cost equals or exceeds 50% of the market value
of the structure. The market value of the structure should be the
appraised value of the structure using the cost approach to value
method 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 a building commences, whether or
not that alteration affects the external dimensions of the structure.
The term does not, however, include any improvement project required
to comply with existing health, sanitary or safety code specifications
which are solely necessary to assure safe living conditions or any
alteration of a structure listed on the National Register of Historic
Places or a State Inventory of Historic Places.
A grant of relief from the requirements of this chapter which
permits construction in a manner that would otherwise be prohibited
by this chapter.
The failure of a structure or other development to be fully
compliant with the community's floodplain management regulations.
A structure or other development without the elevation certificate,
other certifications or other evidence of compliance required 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 flood plans of coastal or riverine
areas.
This chapter shall apply to all areas of special flood hazard
within the jurisdiction of Stratford, Connecticut.
[Amended 5-13-2013 by Ord. No. 13-09; 10-15-2013 by Ord. No. 13-20]
The areas of special flood hazard as identified by the Federal
Emergency Management Agency (FEMA) in its Flood Insurance Study (FIS)
for Fairfield County, Connecticut, dated July 8, 2013, and accompanying
Flood Insurance Rate Maps (FIRM), dated July 8, 2013 (Panels 09001C0434G,
09001C0441G, 09001C0442G, 09001C0443G, 09001C0444G, 09001C0451G, 09001C0452G,
09001C0453G, 09001C0461G, 09001C0463G), and June 18, 2010 (Panels
09001C0294F, 09001C0313F, 09001C0314F, 09001C0431F, 09001C0432F, 09001C0433F),
and other supporting data applicable to the Town of Stratford, 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 the chapter, it must take precedence when more restrictive
until such time as a map amendment is obtained from FEMA. The areas
of special flood hazard include any area shown on the FIRM as Zones
A, AE, and VE, including areas designated as a floodway on a FIRM.
Zone VE is also identified as a Coastal High Hazard Area. 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 FIRM are only approximate
(rounded up or down) and should be verified with the BFEs published
in the FIS for a specific location. The Flood Insurance Study and
Flood Insurance Rate Maps are on file in the Town Hall, Stratford,
Connecticut.
No structure or land shall hereafter be constructed, located,
extended, converted or 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 ordinance, easement, covenant or deed restriction
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 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 Stratford, its agents, servants and/or
employees, or the Federal Emergency Management Agency (FEMA) for any
flood damages that result from reliance on this chapter or any administrative
decision lawfully made thereunder.
A development permit shall be obtained before construction or development begins within any area of special flood hazard established in § 102-7. Application for a development permit shall be made on forms furnished by the Building Inspector and may include but not be limited to plans in duplicate drawn to scale showing the nature, location, dimensions and elevations of the area in question; existing or proposed structures, fill, storage of material and drainage facilities; and the location of the foregoing. Specifically, the following information is required:
A.
Elevation in relation to mean sea level of the lowest floor, including
basement, of all structures.
B.
Elevation in relation to mean sea level to which any structure has
been floodproofed, including the proposed elevation of the bottom
of the lowest structural member of the lowest floor for elevated buildings
in the V Zones.
C.
Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in § 102-18B.
D.
A description of the extent to which any watercourse will be altered
or relocated as a result of proposed development.
E.
Plans for any walls to be used to enclose space below the base flood
level.
The Building Inspector for the Town of Stratford is hereby appointed
to implement this chapter by granting or denying development permit
applications in accordance with its provisions.
Duties of the Building Inspector shall include but not be limited
to:
A.
Permit review. The Building Inspector shall:
(1)
Review all development permits to determine that the permit requirements
of this chapter have been satisfied and whether proposed building
sites will be reasonably safe from flooding.
(2)
Review all development permits to determine that all necessary permits
have been obtained from those federal, state or local government agencies
from which prior approval is required.
(3)
Review all development permits in the coastal high-hazard area of
the area of special flood hazard to determine if the proposed development
alters mangrove stands or sand dunes so as to increase potential flood
damage.
(4)
Review plans for walls to be used to enclose space below the base flood level in accordance with § 102-19B(4).
B.
Use of other base flood data. When base flood elevation data has not been provided in accordance with § 102-7 (Basis for establishing areas of special flood hazard), the Building Inspector shall obtain, review and reasonably utilize any base flood elevation data available from a federal, state or other source in order to administer § 102-18A (Residential construction), and § 102-18B (Nonresidential construction).
C.
Information to be obtained and maintained. The Building Inspector
shall:
(1)
Obtain and record the actual as-built elevation in relation to mean
sea level of the lowest floor, including the basement, of all new
or substantially improved structures.
(3)
In coastal high-hazard areas, obtain certification from a registered
professional engineer or architect that the structure is securely
anchored to adequately anchored pilings or columns in order to withstand
velocity waters and hurricane wave wash. Obtain and record the elevation
of the bottom of the lowest horizontal structural member for all new
construction or substantial improvements.
(4)
Maintain for public inspection all records pertaining to the provisions
of this chapter.
D.
Alterations of watercourses. The Building Inspector shall:
(1)
Notify adjacent communities and the Connecticut Department of Environmental
Protection Water Resource Unit prior to any alteration or relocation
of a watercourse and submit evidence of such notification to the Federal
Insurance Administration.
(2)
Require that maintenance is provided within the altered or relocated
portion of said watercourse so that the flood-carrying capacity is
not diminished.
E.
Interpretation of FIRM boundaries. Make interpretations, where needed, as to the exact location of the 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 person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in § 102-15.
A.
Appeal Board.
(1)
The Zoning Board of Appeals as established by Stratford shall hear
and decide appeals and requests for variance from the requirements
of this chapter.
(2)
The Zoning Board of Appeals shall hear and decide appeals when it
is alleged that there is an error in any requirement, decision or
determination made by the Building Inspector in the enforcement or
administration of this chapter.
(3)
Those aggrieved by the decision of the Zoning Board of Appeals, or
any taxpayer, may appeal such decision to the Superior Court as provided
in § 8-8 of the Connecticut General Statutes.
(4)
In passing upon such applications, the Zoning Board of Appeals shall
consider all technical evaluations, all relevant factors, standards
specified in other sections of this chapter and:
(a)
The danger that materials may be swept into 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 to the facility of a waterfront location, where
applicable.
(f)
The availability of alternative locations for the proposed use
which are not subject to flooding or erosion damage.
(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 of 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 the effects of wave action, if applicable,
expected at the site.
(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.
(5)
Generally, variances 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 flood level, provided that the provisions of Subsection A(4)(a) through (k), above, have been fully considered. As the lot size increases beyond 1/2 acre, the technical justification required for issuing the variance increases.
(6)
Upon consideration of the factors of Subsection A(4) above and the purpose of this chapter, the Zoning Board of Appeals may attach such conditions to the granting of variances as it deems necessary to further the purpose of this chapter.
(7)
The Building Inspector shall maintain the records of all appeal actions
and report any variances to the Federal Emergency Management Agency
(FEMA) in its biennial report.
B.
Conditions for variances.
(1)
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.
(2)
Variances shall not be issued within any designated floodway if any
increase in flood levels during the base flood discharge would result.
(3)
Variances shall only be issued upon a determination that the variance
is the minimum necessary, considering the flood hazard, to afford
relief.
(4)
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 to the applicant.
(c)
A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety or extraordinary public expense; create nuisances; cause fraud on or victimization of the public as identified in Subsection A(4) above; or conflict with existing local laws or ordinances.
(5)
Any applicant to whom a variance is granted shall be given written
notice that the structure will be permitted to be built with a lowest
floor elevation below the base flood elevation and that the cost of
flood insurance will be commensurate with the increased risk resulting
from the reduced lowest floor elevation.
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 not more than $250 per day per violation
and in addition shall pay all costs and reasonable legal fees involved
in the case. Nothing herein contained shall prevent the Town of Stratford
from taking such other lawful action as is necessary to prevent or
remedy any violation.
In all areas of special flood hazard, the following standards
are required:
A.
Anchoring. All new construction and substantial improvements shall
be anchored to prevent flotation, collapse or lateral movement of
the structure.
C.
Utilities.
(1)
All new and replacement water supply systems shall be designed to
minimize or eliminate infiltration of floodwaters into the system.
(2)
New and replacement sanitary sewage systems shall be designed to
minimize or eliminate infiltration of floodwater into the systems
and discharge from the systems into floodwaters.
(3)
On-site waste disposal systems shall be located to avoid impairment
to them or contamination from them during flooding.
(4)
All new construction and substantial improvements shall be 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.
D.
Subdivision proposals.
(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 damage.
(4)
Base flood elevation data shall be provided for subdivision proposals
and other proposed development which contain at least 50 lots or five
acres, whichever is less.
In all areas of special flood hazard where base flood elevation data has been provided as set forth in § 102-7 (Basis for establishing areas of special flood hazard) or in § 102-14B (Use of other base flood data), the following standards are required:
A.
Residential construction. New construction and substantial improvements
of any residential structure shall have the lowest floor, including
basement, elevated to at least the base flood elevation.
[Amended 5-13-2013 by Ord. No. 13-09]
B.
Nonresidential construction. New construction and substantial improvement
of any commercial, industrial or other nonresidential structure shall
have either the lowest floor, including basement, elevated to at least
the base flood elevation or, together with attendant utility and sanitary
facilities, shall:
[Amended 5-13-2013 by Ord. No. 13-09]
C.
For all new construction and substantial improvements, fully enclosed
areas below the lowest floor that are usable solely for parking of
vehicles, building access or storage in an area other than a basement
and which are subject to flooding shall be designed to automatically
equalize hydrostatic flood forces on exterior walls by allowing for
the entry and exit of floodwater. Designs for meeting this requirement
must either be certified by a registered professional engineer or
architect or meet or exceed the following minimum criteria:
(1)
A minimum of two openings having a total 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 entry and exit
of floodwater.
D.
Manufactured homes. Manufactured homes are prohibited in all areas
of special flood hazard (Zones A, AE and VE). This includes areas
of special flood hazard located 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 manufactured home park in which a manufactured home has
incurred substantial damage as a result of a flood.
E.
Recreational vehicles. Recreational vehicles placed on sites within
the area of special flood hazard (Zones A, AE and VE) must be on the
site for fewer than 180 consecutive days and be fully licensed and
ready for highway use. 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 not permanently attached additions.
Coastal high-hazard areas (VE Zones) are located within the areas of special flood hazard established in § 102-7. These areas have special flood hazards associated with high-velocity waters from tidal surges and hurricane wave wash; therefore, the following provisions shall apply:
A.
Location of structures. All buildings or structures shall be located
landward of the reach of the mean high tide.
B.
Construction methods.
(1)
Elevation. All buildings or structures shall be elevated so the bottom of the lowest horizontal supporting member is located at least one foot above the base flood elevation (BFE), with all space below the lowest horizontal supporting member open so as not to impede the flow of water, except for breakaway walls as provided for in Subsection B(4) below. Electrical, plumbing, machinery or other utility equipment that services the structure must be elevated to or above the BFE and cannot be located below the structure. Any service equipment that must be located below the BFE must be floodproofed to prevent water from entering during conditions of flooding.
(2)
Structural support.
(a)
All buildings or structures shall be securely anchored on pilings
or columns.
(b)
Pilings or columns used as structural support and the attached
structure shall be designed and anchored to resist flotation, collapse
and lateral movement so as to withstand all applied loads of the base
flood flow and the effects of wind acting simultaneously on all building
components. The anchoring and support system shall be designed with
wind and water loading values required by applicable state or local
building codes.
(c)
There shall be no fill used for structural support.
(4)
Space below the lowest floor.
(a)
Any alteration, repair, reconstruction or improvement to a structure
started after the enactment of this chapter shall not enclose the
space below the lowest floor unless breakaway walls are used as provided
for in this section.
(b)
Breakaway walls shall be allowed below the base flood elevation,
provided that they are not a part of the structural support of the
building and are designed so as to break away under abnormally high
tides or wave action without damage to the structural integrity of
the buildings on which they are to be used. Nonsupporting breakaway
walls, lattice work or mesh screening shall be allowed below the base
flood elevation, provided that it is not part of the structural support
of the structure and is designed so as to break away, under abnormally
high tides or wave action, without damage to the structural integrity
of the structure on which it is to be used and provided the following
design specifications are met:
[1]
Design safe loading resistance of each wall shall not be less
than 10 pounds per square foot or more than 20 pounds per square foot;
or
[2]
If more than 20 pounds per square foot, a licensed professional
engineer or architect shall certify that the design wall collapse
would result from a water load less than that which would occur during
the base flood event, and the elevated portion of the building and
supporting foundation system shall not be subject to collapse, displacement,
or other structural damage due to the effects of wind and water loads
acting simultaneously on all building components prior to or during
the collapse of said wall.
(c)
If breakaway walls are utilized, such enclosed space shall not
be used for human habitation.
(d)
Prior to construction, plans for any structure that will have
breakaway walls must be submitted to the Zoning Board of Appeals for
approval.
C.
Sand dunes. There shall be no alteration of sand dunes which would
increase potential flood damage.
A.
Located within areas of special flood hazard established in § 102-7 are areas designed as "floodways." Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles and erosion potential, the following provisions apply:
(1)
Encroachments, including fill, new construction, substantial improvements
and other development, shall be prohibited, 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
the occurrence of the base flood discharge.
B.
The Town 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 Town's request or not), the Town 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 along
the watercourse.
C.
In Zone A, when base flood elevations become available, but before
a floodway is designated, no new construction, substantial improvement
or other development (including fill) shall 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.
A.
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.
B.
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.
Above-ground 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.
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.
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., the V Zone is more restrictive than the 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
flood zone will require the entire structure to meet the standards
of the more restrictive zone.
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.
If any section, paragraph, sentence, clause or phrase of this
chapter 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.
[Amended 5-13-2013 by Ord. No. 13-09]
The effective date of this chapter is July 8, 2013.
