[HISTORY: Adopted by the Council of the City
of Meriden 8-2-1988.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 77.
Streets and sidewalks — See Ch. 180.
Zoning — See Ch. 213.
STATUTORY REFERENCES
Authority to adopt regulations — See
C.G.S. § 7-194.
[1]
Editor's Note: This ordinance also repealed
former Ch. 110, Floodplain Management, adopted 9-20-1982.
The Legislature of the State of Connecticut
has, in § 7-194 of its General Statutes, 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.
A.
The flood hazard areas of the City of Meriden are
subject to periodic inundation which may result 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 flood
heights and velocities, and when inadequately anchored, damage uses
in other areas. Uses that are inadequately floodproofed, elevated
or otherwise protected from flood damage also contribute to the flood
loss.
It is the purpose of this chapter to promote
the public health, safety and general welfare within the City and
to minimize public and private losses due to flood conditions in the
floodway and flood-fringe areas in the City and to protect the aquifer
within said areas by provisions designed to:
A.
Protect human life and health;
B.
Minimize expenditures 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 areas of special flood hazards;
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; and
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 and 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;
F.
Protecting the aquifer for use as a public water supply,
by limiting the amount of impervious surface within the floodplain
area, and reducing the effect of de-icing salts, chemicals and other
pollutants.
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.
A use or structure on the same lot with, and of a nature
customarily incidental and subordinate to, the principal use or structure.
The City Engineer of the City of Meriden or his designated
representative.
A request for a review of the administrator's interpretation
of any provision of this chapter or a request for a variance.
The owner or authorized agent of the owner of land partially
or wholly in an area of special flood hazard and on which land development
is proposed. His/her name shall appear on the development permit application
and will be responsible for assuring that the provisions of this chapter
are met and that any stipulations or conditions placed at the time
of approval are adhered to.
An underground stratum of earth, gravel or porous stone that
contains water.
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.
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.
A person designated, in writing, by the Inland Wetlands and
Watercourses Commission to enforce the terms and provisions of this
chapter.
[Amended 8-16-2021]
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 areas of special flood hazard.
The formal granting of permission to an applicant for land
development in areas of special flood hazard, including permitted
uses, regulated uses and special exceptions as herein described and
specified.
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 general and temporary condition of partial or complete
inundation of normally dry land areas from:
The official map on which the Federal Insurance Administration
has delineated the areas of special flood hazard applicable to the
community.
The area outside of the floodway and within the limits of
the base flood.
The official map on which the Federal Insurance Administration
has delineated both the areas of special flood hazards and the risk
premium zones applicable to the community.
The official report provided by the Federal Insurance Administration
that includes flood profiles, the flood boundary - floodway map, and
the water surface elevation of the base flood.
Any combination of structural and nonstructural additions,
changes or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water or sanitary
facilities, structures and their contents.
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
one foot.
The top surface of an enclosed area in a building (including
basement), i.e., top of slab in concrete slab construction or top
of wood flooring in wood frame construction. The term does not include
the floor of a garage used solely for parking vehicles.
The lowest floor of the lowest enclosed area (including basement).
An unfinished or flood-resistant enclosure, usable solely for parking
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 park trailers, travel trailers, and similar 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.
For purposes of the National Flood Insurance Program, the
National Geodetic Vertical Datum (NGVD) of 1929, or other datum to
which base flood elevations shown on a community's flood insurance
rate map are referenced.
As corrected in 1929, a vertical control used as a reference
for establishing varying elevations within the floodplain.
Structures for which the "start of construction" commenced
on or after the effective date of this chapter.
Those types of development in areas of special flood hazard
which do not require a development permit from the City.
Those types of development which require a development permit
from the City.
Those types of development which require a development permit
directly from the Meriden Inland Wetlands and Watercourses Commission.
[Amended 8-16-2021]
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, 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.
A walled and roofed building or manufactured home that is
principally above ground.
[Amended 7-20-1992]
Any combination repair, reconstruction, or improvement
of a structure, the cost of which equals or exceeds 50% of the market
value of the structure as determined by the cost approach to value
method, with the replacement cost as computed by the quantity survey
method (summation of quantity and cost of each item of material plus
labor necessary for installation), either:
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 either:
Any project for improvement of a structure to
comply with existing state or local 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 by the Inland Wetlands and Watercourses
Commission from the requirements of this chapter which permits construction
in a manner that would otherwise be prohibited by this chapter.
[Amended 8-16-2021]
A stream, river, brook, or channel which conveys surface
runoff for a majority of the year. These may or may not be part of
designated floodway areas.
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 land parcels
or portions thereof located within areas of special flood hazards
within the jurisdiction of the City of Meriden.
[Amended 3-20-2017]
A.
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 09009C0161J,
09009C0163J, 09009C0164J, 09009C0167J, 09009C0169J, 09009C0190J, 09009C0307J),
and December 17, 2010 (Panels 09009C0160H, 09009C0162H, 09009C0166H,
09009C0168H, 09009C0306H, 09009C0330H), and other supporting data
applicable to the City of Meriden, and any subsequent revisions thereto,
are adopted by reference and declared to be a part of this chapter.
B.
Since mapping is legally adopted by reference into this regulation
it must take precedence 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 the 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 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 and available
for public use and inspection in the office of the City Clerk.
No development 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 hazards 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 City of Meriden, 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.
A development permit shall be obtained before construction or development begins within any area of special flood hazard established in § 110-7. Application for a development permit shall be made on forms furnished by the administrator 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.
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 or will be floodproofed;
C.
Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in § 110-19B;
D.
A description, including maps, drawings, computations
and other information, of the extent to which any floodway and/or
watercourse will be altered or relocated as a result of the development,
new or substantial improvement; and
E.
A description, including maps, drawings and site plans,
which defines the extent to which encroachment of the flood-fringe
area results from the proposed development, new or substantial improvement.
[Amended 8-16-2021]
The City Engineer is hereby appointed to administer
and implement this chapter by granting or denying development permit
applications in accordance with its provisions. The actions of the
City Engineer in the implementation of this chapter are subject to
review by the Inland Wetlands and Watercourses Commission of the City
of Meriden.
Duties of the City Engineer shall include, but
not be limited to:
A.
Permit review:
(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 the cumulative effect of proposed development
when combined with all other existing and anticipated development
that increases the water surface elevation of the base flood more
than one foot at any point.
B.
Use of other base flood data: When base flood elevation data has not been provided in accordance with § 110-7, Basis for establishing the areas of special flood hazard, the administrator shall obtain, review and utilize any base flood elevation and floodway data available from a federal, state, local or other source. When determined necessary by the administrator, the applicant, at the request of the administrator, will supplement such data with a hydraulic report which clearly describes anticipated changes to base-flood flows and water surface elevations which would result from the proposed development or activity. Such reports shall be certified by a professional engineer registered in the State of Connecticut. Where such data has been provided the provisions of § 110-19, Specific standards for flood hazard reduction, shall be administered in addition to those contained in § 110-18, General standards for flood hazard reduction.
[Amended 7-20-1992]
C.
Information to be obtained from the applicant and
maintained by the administrator:
(1)
Obtain and record the actual elevation (in relation
to mean sea level) of the lowest floor (including basement) of all
new or substantially improved structures within the areas of special
flood hazard.
(3)
Maintain for public inspection all records pertaining
to the provisions of this chapter.
D.
Alteration of floodways and watercourses:
(1)
Notify adjacent communities and the State Department
of Environmental Protection, Division of Water Resources, prior to
any alteration or relocation of a watercourse, and submit evidence
of such notification to the Federal Emergency Management Agency (FEMA).
(2)
Require that flows equal to or greater than those
presently encountered be maintained. Changes to existing flood-carrying
capacities shall not adversely affect upstream or downstream floodways
or watercourses.
(3)
Require that flood stages and water surface heights
be substantially maintained at their present elevations.
E.
Interpretation of FIRM boundaries: make interpretations where needed as to the exact location of the boundaries of the areas of special flood hazards (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 an opportunity to appeal the interpretation as provided in § 110-20A.
F.
Assure that subdivision proposals and proposals for
other developments, including their utilities and drainage, are located
and designed to be consistent with the need to minimize flood damage.
G.
Require that all subdivision proposals and other proposed
new developments and substantial improvements include base flood data.
H.
Require new water and sewer systems (including on-site
systems) to be located and designed to avoid impairment and to minimize
infiltration into and exfiltration out of the system.
I.
Require anchoring to prevent flotation and lateral
movement of any type of structural development.
J.
Assure, through inspection of permitted activities,
that compliance with this chapter is maintained.
L.
Provide technical assistance to the Inland Wetlands
and Watercourses Commission on matters concerning special exceptions.
[Amended 8-16-2021]
A.
The following open space uses shall be permitted within
the flood-fringe area, excluding the regulatory floodway, to the extent
that they are not prohibited by any other ordinance or regulation
and provided that they do not require structures, earth fill, the
storage of materials or equipment, or the use of utilities such as
gas, electric, water or sewer:
(1)
Agricultural uses such as general farming, pasture,
grazing, outdoor plant nurseries, horticulture, truck farming, forestry,
sod farming, and wild crop harvesting.
(2)
Any parking areas for three vehicles or fewer.
(3)
Private and public recreational uses, such as golf
courses, open tennis courts, driving ranges, archery ranges, picnic
grounds, boat launching ramps, swimming areas, parks, wildlife and
nature preserves, game farms, fish hatcheries, shooting preserves,
target ranges, trap and skeet ranges, hunting and fishing areas, hiking
and horseback riding trails.
(4)
Residential uses, such as lawns, gardens and play
areas.
A.
New development and substantial improvements shall be permitted within areas of special flood hazard, excluding the regulatory floodway, to the extent that they are not prohibited by any other ordinance or regulation and provided that they meet the provisions of §§ 110-18 and 110-19, provisions for flood hazard reduction, of this chapter.
B.
Regulated uses shall be granted by the City Engineer,
provided that all provisions of this chapter have been met.
A.
New developments and substantial improvements may
be permitted as a special exception in the regulated floodway and
shall conform to the provisions of this chapter, provided that:
(1)
The area of the site covered by a proposed improvement,
addition or accessory structure shall be no more than 25% of the area
of the site covered by the existing building of principal use, as
long as the pertinent requirements of this section are met. A special
exception granted under these conditions shall be on a one-time-only
basis.
(2)
The applicant shall provide the Commission with a
report prepared by a professional engineer registered in the state,
that certifies that the construction, as proposed, will not adversely
affect the storage capacity of the affected watercourse during a base
flood.
[Amended 8-16-2021]
(3)
Where floodproofing is utilized for a particular nonresidential structure, a professional engineer or architect registered in the state shall certify that the floodproofing methods conform to the requirements in § 110-19B.
(4)
No encroachment of the regulatory floodway, including
fill, substantial improvements, accessory structures or other development,
including public works projects of the state, federal or local governments,
shall be allowed except for those activities specifically granted
as special exceptions by the Meriden Inland Wetlands and Watercourses
Commission. In no case, however, will any such activity be allowed
if an increase in flood levels within the community would result.
[Amended 8-16-2021]
(5)
In the event that elimination of a structure takes
place, by reason of fire or other like catastrophe, and is subsequently
replaced with a new structure of like kind and intended use, this
will be allowed to the extent that the building coverage will not
exceed 125% of the displaced building coverage, as long as all requirements
of pertinent subsections of this section are met.
(6)
Commercial or industrial loading areas, parking areas
for more than three vehicles, or airport landing strips are in accordance
with the pertinent subsections of this section.
B.
Alterations, reconstruction or rehabilitation of watercourses
and land areas within the regulated floodway may be permitted as a
special exception and shall conform to the provisions of this chapter.
C.
Special exceptions shall be granted only by the Meriden
Flood Control Implementation Agency, to the extent that they are not
prohibited by any other ordinance or regulation, and provided that
all provisions of this chapter are met.
D.
In order to assure the furtherance of the purposes
of this chapter, other requirements may be imposed upon the applicant
as a condition to the granting of a special exception.
In all areas of special flood hazard, the following
standards are required:
A.
Anchoring:
(1)
All new construction and substantial improvements
shall be anchored to prevent flotation, collapse or lateral movement
of the structure.
(2)
All new or substantially improved manufactured homes
or manufactured home parks or subdivisions to be placed in an area
of special flood hazard shall be anchored to resist flotation, collapse,
or lateral movement. Anchoring may include, but not be limited to,
the use of over-the-top and frame ties to ground anchors. Specific
requirements shall be that:
(a)
Over-the-top ties be provided at each of the
four corners of the manufactured home with two additional ties per
side at intermediate locations, with manufactured homes less than
50 feet long requiring four additional ties per side;
(b)
Frame ties be provided at each corner of the
home with five additional ties per side at intermediate points, with
manufactured homes less than 50 feet long requiring four additional
ties per side;
(c)
All components of the anchoring system be capable
of carrying a force of 4,800 pounds; and
(d)
Any additions to the manufactured home be similarly
anchored.
B.
Construction materials and methods:
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 system 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)
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.
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; and
(4)
Base flood elevation data shall be provided for subdivision
proposals and other proposed development any portion of which is located
within areas of special flood hazard.
In all areas of special flood hazards where base flood elevation data has been provided as set forth in § 110-7, Basis for establishing areas of special flood hazard, or § 110-14B, Use of other base flood data, the following provisions are required:
A.
Residential construction: New construction and substantial
improvement of any residential structure shall have the lowest floor,
including basement, elevated to or above base flood elevation, plus
one foot.
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, plus one foot or,
together with attendant utility and sanitary facilities, shall:
(1)
Be floodproofed so that below the base flood level,
plus one foot, 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; and
(3)
Be certified by a registered Connecticut professional engineer or architect that the standards of this subsection are satisfied. Such certifications shall be provided to the official as set forth in § 110-14C(2).
C.
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.
(1)
Designs for complying with this requirement must either
be certified by a professional engineer or architect or meet the following
minimum criteria:
(a)
Provide a minimum of two openings having a total
net area of not less than one square inch for every square foot of
enclosed area subject to flooding;
(b)
The bottom of all openings shall be no higher
than one foot above the grade; and
(c)
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.
(2)
Electrical, plumbing, and other utility connections
are prohibited below the base flood elevation.
(3)
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).
D.
Manufactured homes:
(1)
Manufactured homes shall be anchored in accordance with § 110-18A(2).
(2)
For expansions to existing manufactured home parks
or subdivisions; for existing manufactured home parks or subdivisions
where the repair, construction or improvement of the streets, utilities
and pads equals or exceeds 50% of the value of streets, utilities
and pads before the repair, reconstruction or improvement has commenced;
and for manufactured homes not placed in a manufactured home park
or subdivision, it shall be required that:
(a)
All manufactured homes (including mobile homes
placed on a site for 180 consecutive days or longer) be elevated so
that the lowest floor is above the base flood elevation;
(b)
It shall be placed on a permanent foundation
which itself 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)
Adequate surface drainage and access for a hauler
are provided; and
(d)
In the instance of elevation on pilings, that
lots are large enough to permit steps; piling foundations are placed
in stable soil no more than 10 feet apart, and reinforcement is provided
for pilings more than six feet above the ground level.
(3)
No manufactured homes shall be placed in a floodway.
E.
Substantial improvements:
(1)
Substantial improvements, additions or accessory structures
to residential structures within unnumbered A Zones on the community's
FIRM shall have the lowest floor (including basement) elevated to
or above the base flood elevations, plus one foot, as obtained from
alternate sources.
(2)
Substantial improvements, additions or accessory structures
to nonresidential structures within unnumbered A Zones on the community's
FIRM shall have the lowest floor (including basement) elevated or
floodproofed to or above the base flood elevation, plus one foot,
as obtained from alternate sources.
(3)
Substantial improvements or additions to residential
structures or accessory structures within Zones A1-30 and A4 on the
community's FIRM shall have the lowest floor (including basement)
elevated to or above the base flood level, plus one foot.
(4)
Substantial improvements, additions or accessory structures
to nonresidential structures within Zones A1-30 on the community's
FIRM shall have the lowest floor (including basement) elevated to
or above the base flood level, plus one foot, or be floodproofed to
or above the base flood level, plus one foot.
F.
Occupation of floodway areas: Located within areas of special flood hazard established in § 110-7 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, the following provisions apply:
(1)
Encroachments, including fill, new construction, substantial
improvements, and other development, are prohibited unless certification
by a registered professional engineer is provided demonstrating that
encroachments shall not result in any increase in flood levels during
the occurrence of the base flood discharge.
(2)
If § 110-19E(1) is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of §§ 110-18 and 110-19, provisions for flood hazard reduction.
(3)
The placement of any manufactured homes is prohibited.
G.
Alteration of floodways and watercourses: Proposed changes to floodways and watercourses as defined in § 110-17B shall be subject to the following provisions:
(1)
The applicant shall submit a hydrologic and hydraulic
report which clearly describes anticipated changes to base flood flows
and water surface elevations which would result from the proposed
development or activity. Such reports shall be certified by a professional
engineer, registered in the State of Connecticut.
(2)
Any proposed stormwater conveyance element shall be
designed to carry existing base flood flows.
(3)
Base floodwater surface elevations shall be substantially
maintained at their existing levels after development.
A.
Appeals:
(1)
Any decision of the City Engineer may be appealed
on a form provided by the City Engineer to the Meriden Flood Control
Implementation Agency within seven calendar days of the date of said
decision, the date of said decision being excluded in the calculation
of said seven days. Any such appeal shall not stay the decision of
the City Engineer, which shall remain effective until such time as
it may be overruled, modified or otherwise changed by said Agency.
All decisions by the City Engineer shall be conveyed to the applicant
in writing by certified mail.
(2)
The Agency shall hear and decide appeals when it is
alleged there is an error in any requirement, decision, or determination
made by the administrator in the enforcement or administration of
this chapter.
(3)
Those aggrieved by the decision of said Agency, or
any taxpayer, may appeal such decision to the Superior Court in the
same manner as an appeal under § 8-28 of the Connecticut
General Statutes, as amended, including all provisions relating to
time limitations, hereby imposing upon the Agency the same time limitations
as are imposed upon the Planning Commission for the purposes of § 8-28.[1]
(4)
In passing upon such applications, the Agency 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 onto
other lands to the injury of others;
(b)
The danger to life and property due to flooding
or erosion damage;
(c)
The susceptibility of the proposed facility
and its contents to flood damage and the effect of such damage on
the individual owner;
(d)
The importance of the services provided by the
proposed facility to the community;
(e)
The necessity to the facility of a waterfront
location, where applicable;
(f)
The availability of alternate 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 for that area;
(i)
The safety of access to the property in times
of flood for ordinary and emergency vehicles;
(j)
The expected heights, velocity, duration, rate
of rise, and sediment transport of the floodwaters and the effects
of wave actions, if applicable, expected at the site; and
(k)
The costs of providing governmental services
during and after-flood conditions, including maintenance and repair
of public utilities and facilities, such as sewer, gas, electrical,
and water systems, and streets and bridges.
(6)
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 § 110-20A(4) has been fully considered. As the lot size increases beyond the 1/2 acre, the technical justification required for issuing the variance increases.
(7)
Upon consideration of the factors of § 110-20A(4) and the purposes the Agency may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
(8)
The administrator shall maintain the records of all
appeal actions and report any variances to the Federal Insurance Administration
upon request.
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 increases 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; and
(c)
A determination that the granting of a variance
will not result in increased flood heights, additional threats to
public safety, extraordinary public expense, create nuisances, cause
fraud on or victimization of the public 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.
[Amended 12-16-1996; 3-20-2017]
A.
This chapter shall be enforced by the Administrator, the Director
of Public Works and/or the Flood Control Implementation Agency.
B.
The provisions of this chapter may be enforced by citation of $250,
in addition to other remedies. Each day's failure to comply with any
such provision shall constitute a separate violation. The following
persons have authority to issue citations for violations pursuant
to this section: the Administrator, the Director of Public Works or
their designee.
