[HISTORY: Adopted by the Town Council of
the Town of Rocky Hill 4-20-1987 by Ord. No. 146-87; amended in its entirety 7-21-2008 by Ord. No.
244-08. Other amendments noted where applicable.]
A.
Statutory authorization. The Legislature of the State of Connecticut has, in Title 7, Chapter 98, § 7-148(c)(7)(A), and in Title 8, Chapter 124, § 8-2, 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 Council of the Town of Rocky Hill, Connecticut, does ordain as follows.
B.
Finding of fact.
(1)
The flood hazard areas of the Town of Rocky Hill are
subject to periodic flood inundation which results in the 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.
(2)
These flood losses are caused by the cumulative effect
of obstructions in the floodplains causing increases in flood heights
and velocities and by the occupancy in flood hazard areas by uses
vulnerable to floods or hazards to other lands which are inadequately
elevated, floodproofed, or otherwise unprotected from flood damage.
Uncontrolled development and use of the floodplains can adversely
affect the community.
(3)
The Town of Rocky Hill has voluntarily participated
in the National Flood Insurance Program (NFIP) since August 23, 1980.
The NFIP is founded on a mutual agreement between the federal government
and each participating community. Local, state and federal governments
must share roles and responsibilities to meet the goals and objectives
of the NFIP. The community's role is of paramount importance. Property
owners are able to receive federally subsidized flood insurance only
if the community enacts and enforces the minimum floodplain regulations
required for participation in the NFIP.
C.
Statement of purpose. It is the purpose of this chapter
to regulate floodplain development, promote public health, safety,
and general welfare, and minimize public and private losses due to
flood conditions in specific areas by provisions designed to:
(1)
Protect human life and health and prevent damage to
property;
(2)
Minimize expenditure of public funds 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 prolonged business interruptions and other
economic disruptions;
(5)
Minimize damage to public facilities, infrastructure
and utilities, such as water and gas mains, electric, telephone and
sewer lines, and streets and bridges, located in the floodplain;
(6)
Help maintain a stable tax base by providing for the
sound use and development of flood hazard areas in such a manner as
to minimize flood damage and flood blight areas;
(7)
Insure that potential buyers are notified that property
is in a flood hazard area;
(8)
Prevent increase in flood heights that could increase
flood damage and result in conflicts between property owners;
(9)
Ensure that those who occupy the flood hazard areas
assume responsibility for their actions; and
(10)
Discourage development in a floodplain if there
is any practicable alternative to locate the activity, use or structure
outside of the floodplain.
D.
Objectives. In order to accomplish its purposes, this
chapter includes objectives, methods and provisions that:
(1)
Restrict or prohibit uses which are dangerous to health,
safety and property due to flood or 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 that 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 that 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 barriers or
obstructions which will unnaturally divert floodwaters or which may
increase flood hazards to other lands.
A.
Unless specifically defined below, 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 its most reasonable
application.
B.
APPEAL
AREA OF SPECIAL FLOOD HAZARD
BASE FLOOD
BASE FLOOD ELEVATION (BFE)
BASEMENT
BUILDING
COST
DEVELOPMENT
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA)
FLOOD INSURANCE RATE MAP (FIRM)
FLOOD INSURANCE STUDY
FLOOD or FLOODING
FLOODWAY
FLOOR
FREEBOARD
FUNCTIONALLY DEPENDENT FACILITY
HIGHEST ADJACENT GRADE (HAG)
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
(1)
(2)
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 Rocky Hill Planning 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
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 or one-hundred-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 the building having its floor subgrade (below
ground level) on all sides.
See the definition for "structure."
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 components, structural components,
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 buildings or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations
located within the area of special flood hazard.
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 of
the floodplain management regulations adopted by a 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).
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.
The official report provided by the Federal Emergency Management
Agency (FEMA) that includes flood profiles 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 of inland
or tidal waters and/or the 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., the top of the slab in a concrete slab construction
or the top of the wood flooring in a wood frame construction. The
term does not include the floor of a garage used solely for parking
vehicles.
A vertical distance above the maximum flood elevation in
order not to be overtopped by waters that rise above the flood elevation
due to waves or floods in excess of the design flood.
A facility which cannot be used for its intended purpose
unless it is located in close proximity to water, such as a docking
or port facility necessary for the loading and unloading of cargo
or passengers, shipbuilding, ship repair or seafood processing facilities.
The term does not include long-term storage, manufacture, 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 basement.
An unfinished or flood-resistant enclosure, usable solely for the
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, including recreational vehicles, 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 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 an independent
appraisal by a professional appraiser.
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 of this chapter.
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,
August 23, 1980, of the floodplain management ordinance 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.
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.
"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
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, "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 above ground.
Damage of any origin sustained by a 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, rehabilitation,
alterations, additions or other improvements to a structure, taking
place during a ten-year period, in which the cumulative cost equals
or exceeds 50% of the market value of the structure as determined
at the beginning of such ten-year period. This term includes structures
that have incurred "substantial damage," regardless of the actual
repair work performed. For 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 either 1) any project
for improvement of a structure 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, or 2) any
alteration of an "historic" structure, provided that the alteration
will not preclude the structure's continued designation as an "historic
structure."
A grant of relief from the requirements of this chapter which
permits construction in a manner that would otherwise be prohibited
by this chapter.
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 National Geodetic Vertical
Datum (NGVD) of 1929 (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 Rocky Hill, except
land presently zoned as a Floodplain Zoning District as shown on the
Rocky Hill Zoning Map.[1]
[1]
Editor's Note: The Zoning Map is on file in
the office of the Planning and Zoning Commission.
The areas of special flood hazard identified
by the Federal Emergency Management Agency (FEMA) in its Flood Insurance
Study for the Town of Rocky Hill dated September 26, 2008, with accompanying
Flood Insurance Rate Maps dated September 26, 2008, and any subsequent
revisions thereto, are adopted by reference and declared to be part
of this regulation. Since mapping is legally adopted by reference
into the regulation, it must take precedence when more restrictive
until such time as a map amendment is obtained. The Flood Insurance
Study is on file in the Town Clerk's office, 761 Old Main Street,
Rocky Hill, Connecticut.
No structure on 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 impose the more
stringent restrictions shall prevail.
In the interpretation and application of this
chapter, all provisions shall be considered as minimum requirements,
liberally construed in favor of the governing body and 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 Rocky Hill, any officer
or employee thereof or the Federal Insurance Administration for any
flood damages that result from reliance on this chapter or any administrative
decision lawfully made thereunder.
If any section, subsection, 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.
Where required under this chapter, a Connecticut
registered professional engineer or architect shall certify that the
design and methods of construction are in accordance with accepted
standards of practice for meeting the provisions of this chapter.
Such certification must be provided to the Town Engineer.
A development permit shall be obtained before construction or development begins within any area of special flood hazard established in § 141-4. Application for a development permit shall be made on forms furnished by the Rocky Hill Planning and Zoning Commission 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 materials, drainage facilities; and the location of the foregoing. Specifically, the following information is required:
A.
The elevation, in relation to mean sea level, of the
lowest floor, including basement, of all structures.
B.
The elevation, in relation to mean sea level, to which
any structure has been floodproofed.
C.
Certification by a registered professional engineer or architect, that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in § 141-18B.
D.
A description of the extent to which any watercourse
will be altered or relocated as a result of the proposed development.
The Rocky Hill Planning and Zoning Commission
is hereby appointed to administer and implement this chapter by granting
or denying development permit applications in accordance with its
provisions.
The duties of the Rocky Hill Planning and Zoning
Commission shall include, but not be limited to:
A.
Permit review. The Planning and Zoning Commission
shall:
(1)
Review all development permits to determine that the
permit requirements of this chapter have been satisfied.
(2)
Review all development permits to determine that all
necessary permits have been obtained from those federal, state or
local governmental agencies from which prior approval is required.
(3)
Review all development permits to determine if the
proposed development adversely affects the flood-carrying capacity
of the area of special flood hazard. For purposes of this chapter,
"adversely affects" means that the cumulative effects of the proposed
development, when combined with all other existing and anticipated
development, increases the water surface elevation of the base flood
more than one foot at any point.
B.
Use of other base flood data.
(1)
When base flood elevation data has not been provided in accordance with § 141-4, Basis for establishing areas of special flood hazard, the Rocky Hill Planning and Zoning 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 § 141-18.
(2)
When utilizing data other than that provided by the
Federal Emergency Management Agency, the following standard applies:
Select and adopt a regulatory floodway based on the principle that
the area chosen for the regulatory floodway must be designed to carry
the waters of the base flood without increasing the water surface
elevation more than one foot at any point.
C.
Information to be obtained and maintained. The Planning
and Zoning Commission shall:
D.
Alteration of watercourses. The Planning and Zoning
Commission shall:
(1)
Notify the Rocky Hill Open Space and Conservation
Commission,[1] Adjacent communities, applicable regional planning agencies
and the Connecticut Department of Environmental Protection 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. The Planning and Zoning Commission shall 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 § 141-15.
A.
The Town Engineer is hereby appointed as the enforcement
officer under this chapter. The Town Manager may designate another
Town employee to serve as a temporary designated enforcement officer
during any period of the Town Engineer's absence, disability or unavailability
due to other duties.
B.
It shall be the duty of the enforcement officer, as
authorized, to enforce the provisions of this chapter.
C.
The enforcement officer, as authorized, may institute
any appropriate action or proceedings necessary to prevent the unlawful
violation of this chapter.
A.
The Rocky Hill Zoning Board of Appeals shall hear
and decide appeals and requests for variances from the requirements
of this chapter.
B.
The Rocky Hill Zoning Board of Appeals shall hear
and decide appeals when it is alleged there is an error in any requirement,
decision or determination made by the Rocky Hill Planning and Zoning
Commission and/or enforcement officer in the enforcement or administration
of this chapter.
C.
Those aggrieved by the decision of the Rocky Hill
Zoning Board of Appeals may appeal such decision to the Superior Court
of the State of Connecticut as provided by state statute.
D.
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:
(1)
The danger that materials may be swept onto other
lands to the injury of others.
(2)
The danger to 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 to the facility of a waterfront location,
where applicable.
(6)
The compatibility of the proposed use with existing
and anticipated development.
(7)
The relationship of the proposed use to the Comprehensive
Plan and floodplain management program for that area.
(8)
The safety of access to the property in times of flood
for ordinary and emergency vehicles.
(9)
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.
(10)
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.
E.
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 items in Subsection D(1) through (10) have been fully considered. As the lot size increases beyond the 1/2 acre, the technical justification required for issuing the variance increases.
F.
Upon consideration of the factors of Subsection D and the purposes of this chapter, the Rocky Hill Zoning Board of Appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
G.
The Rocky Hill Planning and Zoning Commission shall
maintain the records of all appeal actions and report any variances
to the Federal Insurance Administration upon request.
A.
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.
B.
Variances shall not be issued within any designated
floodway if any increase in flood levels during the base flood discharge
would result.
C.
Variances shall only be issued upon a determination
that the variance is the minimum necessary, considering the flood
hazard, to afford relief.
D.
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 to the applicant; 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, create nuisances, cause fraud on or victimization of the public as identified in § 141-15D, or conflict with existing local laws or ordinances.
E.
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.
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.
B.
Construction materials and methods.
(1)
All new construction and substantial improvements
shall be constructed with materials and utility equipment resistant
to flood damage.
(2)
All new construction and substantial improvements
shall be constructed using methods and practices that minimize flood
damage.
(3)
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.
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 floodwaters 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.
D.
Subdivision proposals.
(1)
All subdivision proposals shall be consistent with
the need to minimize flood damage. Base flood elevation data for all
new subdivision proposals and other proposed developments greater
then 50 lots or five acres, whichever is the lesser, is required.
(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)
Manufactured homes; recreation vehicles.
(a)
All manufactured homes placed or substantially
improved within Zones A1-30, AH and AE be elevated on a permanent
foundation such that the lowest floor of the manufactured home is
elevated to or above the base elevations to be securely anchored to
an adequate foundation system to resist flotation, collapse, and lateral
movement, which meet one of the following location criteria:
[1]
Outside of a manufactured home park or subdivision;
[2]
In a new manufactured home park or subdivision;
[3]
In an expansion to an existing manufactured
home park or subdivision; or
[4]
In an existing manufactured home park or subdivision
on which a manufactured home has incurred substantial damage as a
result of a flood.
(b)
In addition, recreation vehicles, if allowed,
must also conform to this manufactured home requirement.
In all areas of special flood hazard where base flood elevation data has been provided as set forth in § 141-4, Basis for establishing areas of special flood hazard, or § 141-13B, Use of other base flood data, the following provisions are required:
A.
Residential construction.
(1)
New construction and substantial improvement of any
residential structure shall have the lowest floor, including basement,
elevated to two feet of freeboard or above base flood elevation.
(2)
All manufactured homes (except those to be placed
in an existing manufactured home park/subdivision where the repair,
reconstruction or improvement of the streets, utilities and pads is
less than 50% of the value before the repair, reconstruction or improvement
has commenced) shall have the lowest floor elevated to or above the
base flood level. They shall be placed on a permanent foundation which
itself is securely anchored and to which the structure is securely
anchored.
B.
Nonresidential construction. New construction and
substantial improvement of any commercial, industrial or other nonresidential
structure shall either have the lowest floor, including basement,
elevated to the level of the base flood elevation or, together with
attendant utility and sanitary facilities, shall:
(1)
Be floodproofed so that below the base flood level
the structure is watertight with walls substantially impermeable to
the passage of water.
(2)
Have structural components capable of resisting hydrostatic
and hydrodynamic loads and effects of buoyancy.
(3)
Be certified by a registered professional engineer or architect that the standards of this subsection are satisfied. Such certifications shall be provided to the official as set forth in § 141-13C(2).
C.
For new construction or substantial improvements:
require that fully enclosed areas below the lowest floor that are
usable solely for the parking of vehicles, building access, or limited
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 floodwaters. Designs for meeting this requirement must either be
certified by a registered professional engineer or architect or meet
or exceed the following criteria: 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. The bottom
of all openings shall be no higher than one foot above grade. Openings
may be equipped with screens, louvers, valves, or other coverings
or devices, provided they permit the automatic entry and exit of floodwaters.
D.
Compensatory storage. The water holding capacity of
the floodplain, except those areas that 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.
E.
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.
F.
Aboveground oil 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.
G.
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.
H.
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.)
I.
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.
A.
Located within areas of special flood hazard established in § 141-4 are areas designated as "floodways." Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles and erosion potential and in areas where floodways have been designated, encroachments shall be prohibited, including fill, new construction, substantial improvements and other developments, unless certification, with supporting technical data, by a registered professional engineer, is provided demonstrating that the encroachments shall not result in any increase in flood levels during occurrence of the base flood discharge. When utilizing data other than that provided by the Federal Emergency Management Agency, the following standard applies: Select and adopt a regulatory floodway based on the principle that the area chosen for the regulatory floodway must be designed to carry the waters of the base flood without increasing the water surface elevation of that flood more than one foot at any one point.
Any 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 grant
of variances 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 a penalty
of $250 per day or imprisoned for not more than 10 days for each day
of violation, or both, and in addition shall pay all costs and reasonable
legal fees involved in the case. Nothing herein contained shall prevent
the Town of Rocky Hill from taking such lawful action as is necessary
to prevent or remedy any violation.
