[HISTORY: Adopted by the Town of Raymond as indicated in
article histories. Amendments noted where applicable.]
[Adopted 3-8-1975 ATM by Art. 10]
The Town agrees to participate in the National Flood Insurance
Program by directing the Board of Selectmen to complete the eligibility
application and submit the required information to the Federal Insurance
Administration.
[Adopted 3-8-1988 ATM; amended in its entirety 3-11-1997 OTE by Art. 4]
A.
This article, adopted pursuant to the authority of New Hampshire
RSA 674:16, shall be known as the "Town of Raymond, New Hampshire,
Floodplain Development Ordinance". The regulations in this article
shall overlay and supplement the regulations in the Town of Raymond
Zoning Ordinance, and shall be considered part of the Zoning Ordinance
for purposes of administration and appeals under state law. If any
provision of this article differs or appears to conflict with any
provision of the Zoning Ordinance or other ordinance or regulation,
the provision imposing the greater restriction or the more stringent
standard shall be controlling.
B.
The following regulations shall apply to all lands designated as
special flood hazard areas by the Federal Emergency Management Agency
in its Flood Insurance Study for the Town of Raymond, New Hampshire,
dated October 19, 1990, together with the associated Flood Insurance
Rate Maps and Flood Boundary and Floodway Maps, dated May 2, 1995,
and any subsequent revisions thereof which are declared to be a part
of this article.
As used in this article, the following terms shall have the
meanings indicated:
A designated AO or AHD Zone on a community's Flood Insurance
Rate Map (FIRM) with a 1% or greater annual chance of flooding to
an average depth of one to three feet, where a clearly defined channel
does not exist, where the path of flooding is unpredictable and where
velocity flow may be evident. Such flooding is characterized by ponding
or sheet flow.
The land in the floodplain within a community subject to
a 1% or greater chance of flooding in any given year. The area may
be designated as Zone A on the FHBM. After detailed rate making has
been completed in preparation for publication of the FIRM, Zone A
usually is refined into Zones A, AO, AH, A1-30, AE or A99.
The flood having a 1% chance of being equaled or exceeded
in any given year.
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 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.
See "structure."
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.
The Federal Emergency Management Agency.
An official map of the community, on which the Federal Emergency
Management Agency has delineated the regulatory floodway. This map
should not be used to determine the correct flood hazard zone or base
flood elevation; the Flood Insurance Rate Map (FIRM) will be used
to make determinations of flood hazard zones and base flood elevations.
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:
An official map of a community, incorporated with this article,
on which the Federal Emergency Management Agency has delineated both
the special hazard areas and the risk premium zones applicable to
the community.
See "flood elevation study."
Any land area susceptible to being inundated by water from
any source.
Any combination of structural and nonstructural additions,
changes, or adjustments to structures which reduces or eliminates
flood damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
See "regulatory floodway."
A use which cannot perform its intended purpose unless it
is located or carried out in close proximity to water. The term includes
only docking and port facilities that are necessary for the loading/unloading
of cargo or passengers, and ship building/repair facilities but does
not include long-term storage or related manufacturing 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 historical significance of a registered
historic district or 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 enclosure is not built so as to render the structure in violation
of the applicable nonelevation design requirements of this article.
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 connected to the required utilities. For
floodplain management purposes, the term "manufactured home" also
includes park trailers, travel trailers, and other similar vehicles
placed on a site for greater than 180 consecutive days.
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.
See "base flood."
A vehicle which is built on a single chassis; 400 square
feet or less when measured at the largest horizontal projection; designed
to be self-propelled or permanently towable by a light-duty truck;
and designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel or seasonal
use.
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 increasing the water surface elevation. These areas are designated
as floodways on the Flood Boundary and Floodway Maps.
Relating to, formed by, or resembling a river (including
tributaries), stream, brook, etc.
An area having special flood, mudslide (i.e., mudflow) and/or
flood-related erosion hazards, and shown on an FHBM or FIRM as Zone
A, AO, A1-30, AE, A99, and AH. (See "area of special flood hazard.")
Includes substantial improvement, and means the date the
building permit was issued, provided the actual start of construction,
repair, reconstruction, placement, or other improvement was within
180 days of the permit date. The actual start means either the first
placement of permanent construction of a structure on a site such
as the pouring of slab or footings, the installation of piles, the
construction of columns, or any work beyond the stage of excavation;
or the 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 floodplain management purposes, a walled and rooted building,
including a gas or liquid storage tank, that is principally aboveground,
as well as a manufactured home.
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% of the market value of the structure before the
damage occurred.
Any combination of repairs, reconstruction, alteration, or
improvements to a structure 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 prior
to the start of the initial repair or improvement, or in the case
of damage, the value of the structure prior to the damage occurring.
For the purposes of this definition, "substantial improvement" is
considered to occur when the first alteration of any wall, ceiling,
floor, or other structural part of the building commences, whether
or not that alteration affects the external dimensions of the structure.
This term includes structures which have incurred substantial damage,
regardless of actual repair work performed. The term does not, however,
include any project or improvement of a structure 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 historic structure, provided that the alteration will not preclude
the structure's continued designation as a historic structure.
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.
All proposed development in any special flood hazard areas shall
require a permit.
The Building Inspector shall review all building permit applications
for new construction or substantial improvements to determine whether
proposed building sites will be reasonably safe from flooding. If
a proposed building site is in a flood-prone area, all new construction
and substantial improvements shall be designed (or modified) and adequately
anchored to prevent flotation, collapse, or lateral movement of the
structure resulting from hydrodynamic and hydrostatic loads, including
the effects of buoyancy; be constructed with materials resistant to
flood damage; be constructed by methods and practices that minimize
flood damages; and 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.
Where new and replacement water and sewer systems (including
on-site systems) are proposed in flood prone areas, the applicant
shall provide the Building Inspector with assurance that new and replacement
sanitary sewage systems will be designed to minimize or eliminate
infiltration of floodwaters into the systems and discharges from the
systems into floodwater, and on-site waste disposal systems will be
located to avoid impairment to them or contamination from them during
periods of flooding.
For all new or substantially improved structures located in
Zones A, A1-30, AE or AH, the applicant shall furnish the following
information to the Building Inspector:
A.
The as-built elevation (in relation to NGVD) of the lowest floor
(including basement) and include whether or not such structures contain
a basement;
B.
If the structure has been floodproofed, the as-built elevation (in
relation to NGVD) to which the structure was floodproofed; and
C.
Any certification of floodproofing.
The Building Inspector shall not grant a building permit until
the applicant certifies that all necessary permits have been received
from those governmental agencies from which approval is required by
Federal or State Law, including Section 404 of the Federal Water Pollution
Control Act Amendments of 1972, 33 U.S.C. 1334.
A.
In riverine situations, prior to the alteration or relocation of
a watercourse, the applicant for such authorization shall notify the
Wetlands Board of the New Hampshire Environmental Services Department
and submit copies of such notification to the Building Inspector.
Further, the applicant shall be required to submit copies of said
notification to those adjacent communities as determined by the Building
Inspector including notice of all hearings before the Wetlands Board.
B.
The applicant shall submit to the Building Inspector certification
provided by a registered professional engineer assuring that the flood-carrying
capacity of an altered or relocated watercourse can and will be maintained.
C.
Along watercourses that have not had a regulatory floodway designated,
no new construction, substantial improvements or other development
(including fill) shall be permitted within Zones M-30 and AE on the
FIRM, unless it is demonstrated by the applicant that the cumulative
effect of the proposed development, when combined with all other existing
and anticipated development, will not increase the water surface elevation
of the base flood more than one foot at any point within the community.
A.
In special flood hazard areas, the Building Inspector shall determine
the one-hundred-year-flood elevation in the following order of precedence
according to the data available:
(1)
In Zones A1-30, AE and AH, refer to the elevation data provided in
the community's Flood Insurance Study and accompanying FIRM or
FHBM.
(2)
In unnumbered A zones the Building Inspector shall obtain, review,
and reasonably utilize any one-hundred-year-flood elevation data available
from federal, state or other sources, including data for development
proposals submitted to the community (for example, subdivisions, site
approvals, etc.).
(3)
In Zone AO, the one-hundred-year-flood elevation is determined by
adding the elevation of the highest adjacent grade to the depth number
specified on the FIRM or, if no depth number is specified on the FIRM,
at least two feet.
B.
The Building Inspector's one-hundred-year-flood elevation determination
will be used as criteria for requiring in Zones A1-30, AE, AN, AO
and A that:
(1)
All new construction and substantial improvements of residential
structures have the lowest floor (including basement) elevated to
or above the one-hundred-year-flood level.
(2)
All new construction and substantial improvements of nonresidential
structures have the lowest floor (including basement) elevated to
or above the one-hundred-year-flood level or, together with attendant
utility and sanitary facilities, shall:
(a)
Be floodproofed so that below the one-hundred-year-flood elevation
the structure is watertight with walls substantially impermeable to
the passage of water;
(b)
Have structural components capable of resisting hydrostatic
and hydrodynamic loads and the effects of buoyancy; and
(c)
Be certified by a registered professional engineer or architect
that the design and methods of construction are in accordance with
accepted standards of practice for meeting the provisions of this
section.
(3)
All manufactured homes to be placed or substantially improved within
special flood hazard areas shall be elevated on a permanent foundation
such that the lowest floor of the manufactured home is at or above
the base flood level and is securely anchored to resist flotation,
collapse, or lateral movement. Methods of anchoring may include, but
are not limited to, use of over-the-top or frame ties to ground anchors.
This requirement is in addition to applicable state and local anchoring
requirements for resisting wind forces.
(4)
For all new construction and substantial improvements, fully enclosed
areas below the lowest floor that are subject to flooding are permitted,
providing the enclosed areas meet the following requirements: the
enclosed area is unfinished or flood resistant, usable solely for
parking of vehicles, building access or storage; the area is not a
basement; 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 must
meet or exceed the following minimum criteria:
(a)
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.
(b)
The bottom of all openings shall be no greater than one foot
above grade.
(c)
Openings may be equipped with screens, louvers, or other coverings
or devices, provided that they permit the automatic entry and exit
of floodwaters.
(5)
Proposed structures to be located on slopes in special flood hazard
areas, Zones AH and AD, shall include adequate drainage paths to guide
floodwaters around and away from the proposed structures.
C.
Recreational vehicles placed on sites within Zones A1-30, AH, and
AE shall either be on the site for fewer than 180 consecutive days;
be fully licensed and ready for highway use; or meet all standards
of Section 60.3(b)(1) of the National Flood Insurance Program Regulations
and the elevation and anchoring requirements for manufactured homes
in Paragraph (c)(6) of Section 60.3.
A.
Any order, requirement, decision or determination of the Building
Inspector made under this article may be appealed to the Zoning Board
of Adjustment as set forth in RSA 676:5.
B.
If the applicant, upon appeal, requests a variance as authorized
by RSA 674:33 I(b), in determining whether or not any variance will
be contrary to the spirit of this article, the Board of Adjustment
shall consider the following:
(1)
That the variance will not result in increased flood heights, additional
threats to public safety, or extraordinary public expense;
(2)
That, if the requested variance is for activity within a designated
regulatory floodway, no increase in flood levels during the base flood
discharge will result; and
(3)
That the variance is the minimum necessary, considering the flood
hazard, to afford relief.
C.
The Zoning Board of Adjustment shall notify the applicant in writing
that the issuance of a variance to construct below the base flood
level will result in increased premium rates for flood insurance up
to amounts as high as $25 for $100 of insurance coverage and such
construction below the base flood level increases risks to life and
property. Such notification shall be maintained with a record of all
variance actions.
D.
The community shall maintain a record of all variance actions, including
the justification for their issuance; and report such variances issued
in its annual or biennial report submitted to FEMA'S Federal
Insurance Administrator.