[HISTORY: Adopted by the Town Council of the Town of Hudson 11-3-1987 by Ord. No.
O87-5. Amendments noted where applicable.]
[Amended 11-7-1989 by Ord. No. O88-2; 3-13-2007 ATM, Art. 8]
A.
Purpose. Certain areas of the Town of Hudson, New Hampshire are subject
to periodic flooding, causing serious damages to properties within
these areas. Relief is available in the form of flood insurance as
authorized by the National Flood Insurance Act of 1968. Therefore,
the Town of Hudson, New Hampshire has chosen to become a participating
community in the National Flood Insurance Program, and agrees to comply
with the requirements of the National Flood Insurance Act of 1968
(P.L. 90-488, as amended) as detailed in this Floodplain Management
Ordinance.
B.
Establishment. This chapter, adopted pursuant to the authority of RSA 674:16, shall be known as Chapter 218, Flood Damage Prevention, of the Town of Hudson Zoning Ordinance. The regulations in this chapter shall overlay and supplement the regulations in the Town of Hudson 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 chapter differs or appears to conflict with any provision of the Zoning Ordinance or other ordinance or regulation, the provision imposing the greater restriction or more stringent standard shall be controlling.
C.
The following regulations in this chapter shall apply to all lands
designated as special flood hazard areas by the Federal Emergency
Management Agency (FEMA) in its Flood Insurance Study for the County
of Hillsborough, N.H., dated September 25, 2009, together with the
associated Flood Insurance Rate Maps dated September 25, 2009, including
the revised map panels 33011C0514E and 3011C0652E dated April 18,
2011, which are declared to be a part of this chapter and are hereby
incorporated by reference.
[Amended 8-25-2009; 3-22-2011]
As used in this chapter, the following terms shall have the
meanings indicated:
The land in the floodplain within the Town of Hudson subject
to a one-percent or greater chance of flooding in any given year.
The area is designated as Zones A and AE on the Flood Insurance Rate
Map.[1]
[Amended 3-13-2007 ATM, Art. 8]
The flood having a one-percent 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.[2]
See "structure."
[Added 3-13-2007 ATM, Art. 8]
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
or storage of equipment or materials.
[Amended 3-13-2007 ATM, Art. 8]
The Federal Emergency Management Agency.[3]
[Added 3-16-1996 by ATM Art. 38]
See "Flood Insurance Rate Map."[4]
A general and temporary condition of partial or complete
inundation of normally dry land areas from:
An official map of a community, issued by the Federal Emergency
Management Agency, where the boundaries of the flood, mudslide (i.e.,
mudflow) and related erosion areas having special hazards have been
designated as Zones A, M and/or E.
The official map incorporated with this chapter, on which
FEMA has delineated both the special flood hazard areas and the risk
premium zones applicable to the Town of Hudson.
[Amended 3-13-2007 ATM, Art. 8]
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.
[Amended 3-13-2007 ATM, Art. 8]
Any land area susceptible to being inundated by water from
any source. (See the definition of "flooding.")
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 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 facilities, port facilities that are necessary for the
loading and unloading of cargo or passengers and shipbuilding and
ship 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.
[Added 3-16-1996 by ATM Art. 38] -- Any structure
that is:
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of the Interior) or preliminary
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 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 the
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 chapter.
A structure, transportable in one or more sections, which
is built on a permanent chassis and is designed for use with or without
a permanent foundation when attached to the required utilities. For
floodplain management purposes the term "manufactured home" includes
park trailers, travel trailers, and other similar vehicles placed
on site for greater than 180 consecutive days. This includes manufactured
homes located in a manufactured home park or subdivision.
[Amended 3-13-2007 ATM, Art. 8]
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.
For the purposes of determining insurance rates, structures
for which the start of construction commenced on or after the effective
date of an initial FIRM or after December 21, 1974, whichever is later,
and includes any subsequent improvements to such structures. For floodplain
management purposes, "new construction" means structures for which
the start of construction commenced on or after the effective date
of a floodplain management regulation adopted by a community and includes
any subsequent improvement to such structures.
[Added 3-16-1996 by ATM Art. 38]
See "base flood."
[Added 3-18-1995 by Amendment No. 1] -- 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 towable by a light
duty truck.
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 cumulatively increasing the water surface elevation more than
a designated height.
[Amended 3-13-2007 ATM, Art. 8]
Relating to, formed by or resembling a river (including tributaries),
stream, brook, etc.
See "area of special flood hazard."
[Amended 3-13-2007 ATM, Art. 8]
Includes substantial improvement and means the date the building
permit was issued, provided that 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 roofed building
or a gas or liquid storage tank that is principally above ground,
as well as a manufactured home.
Damage of any origin sustained 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.
[Added 3-16-1996 by ATM Art. 38]
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 equal: (a) the appraised value prior to the
start of the initial repair or improvement; or (b) 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 that have incurred substantial damage,
regardless of actual repair work performed. The term does not, however,
include any project for improvement of a structure required to comply
with existing health, sanitary, or safety code specification which
are solely necessary to assure safe living conditions or any alteration
of an historic structure, provided that the alteration will not preclude
the structure's continued designation as an historic structure.
[Amended 3-13-2007 ATM, Art. 8]
The failure of a structure or other development to be fully
compliant with the community's floodplain management regulations.
A structure or other development without the elevation certificate,
other certifications, or other evidence of compliance required in
44 CFR 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), (e)(5)
is presumed to be in violation until such time as that documentation
is provided.[5]
[Added 3-16-1996 by ATM Art. 38; amended 3-13-2007 ATM, Art. 8]
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.
[Amended 3-13-2007 ATM, Art. 8]
[1]
Editor's Note: The definition of "area of shallow flooding,"
which immediately preceded this definition, was repealed 3-13-2007
ATM, Art. 8.
[2]
Editor's Note: The definitions of "breakaway wall" and
"coastal high-hazard area," which immediately followed this definition,
were repealed 3-13-2007 ATM, Art. 8.
[3]
Editor's Note: The definition of "FHBM," which immediately
followed this definition, was repealed 3-13-2007 ATM, Art. 8.
[4]
Editor's Note: The definitions of "Flood Boundary and
Floodway Map (floodway)" and "flood elevation study," which immediately
followed this definition, were repealed 3-13-2007 ATM, Art. 8.
[5]
Editor's Note: The definition of "V Zone," which immediately
followed this definition, was repealed 3-13-2007 ATM, Art. 8.
All proposed development in any special flood hazard areas shall
require a floodplain permit, to be issued by the Town Engineer.
A.
The Town Engineer shall maintain for public inspection, and furnish
upon request, any certification of floodproofing and the as-built
elevation, in relation to NGVD, of the lowest floor, including the
basement, of all new or substantially improved structures, and include
whether or not such structures contain a basement, or, if the structure
has been floodproofed, the as-built elevation, in relation to NGVD,
to which the structure was floodproofed. This information must be
furnished by the applicant.
[Amended 3-13-2007 ATM, Art. 8]
B.
The Town Engineer shall review proposed developments to assure 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. It shall be the responsibility
of the applicant to certify these assurances to the Town Engineer.
D.
In special flood hazard areas, the Town Engineer shall determine
the one-hundred-year flood elevation in the following order of precedence
according to the data available:
[Amended 3-18-1995 by Amdt. No. 1; 3-13-2007 ATM, Art. 8]
(1)
In Zones A and AE, refer to the elevation data provided in the community's
Flood Insurance Study and accompanying FIRM.
(2)
In A Zones, the Building Inspector shall obtain, review, and reasonably
utilize any one-hundred-year flood elevation data available from any
federal, state or other source, including data submitted for development
proposals submitted to the community (i.e., subdivisions, site approvals).
(3)
All recreational vehicles placed on sites within Zones A 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.
E.
The Town Engineer's one-hundred-year-flood elevation determination
will be used as criteria for requiring in Zones A and AE that:
[Amended 3-13-2007 ATM, Art. 8]
(1)
All new construction and substantial improvements of residential
structures have the lowest floor, including the 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 licensed 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 be 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,
provided that the enclosed areas meet the following requirements:
(a)
The enclosed area is unfinished or flood-resistant, usable solely
for parking of vehicles, building access or storage.
(b)
The area is not a basement.
(c)
The area 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 licensed professional engineer or architect or must
meet or exceed the following minimum criteria:
[1]
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.
[2]
The bottom of all openings shall be no higher than one foot
above grade.
[3]
Openings may be equipped with screens, louvers or other coverings
or devices, provided that they permit the automatic entry and exit
of floodwaters.
[Amended 3-13-2007 ATM, Art. 8]
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 special flood hazard area, all new
construction and substantial improvements shall:
A.
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.
B.
Be constructed with materials resistant to flood damage.
C.
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 system, including
on-site systems, are proposed in floodprone areas, the applicant shall
provide the Town Engineer 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 floodwaters, and on-site waste disposal systems will
be located to avoid impairment to them or contamination from them
during periods of flooding.
A.
In riverine situations, prior to the alteration or relocation of
a watercourse the applicant for such authorization shall notify the
Wetlands Bureau of the New Hampshire Department of Environmental Services
and submit copies of such notification to the Building Inspector,
in addition to the copies required by RSA 482-A:3. 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 scheduled hearings before the Wetland Bureau (add here notice
for local wetlands hearings if the community has a local wetlands
ordinance). Further, the applicant shall demonstrate compliance with
the Wetland Conservation Ordinance, Article IX of the Hudson Zoning
Ordinance.
[Amended 3-13-2007 ATM, Art. 8]
B.
Within the altered or relocated portion of any watercourse, the applicant
shall submit to the Town Engineer certification provided by a licensed
professional engineer assuring that the flood-carrying capacity of
the watercourse has been maintained.
C.
Along watercourses with a designated regulatory floodway no encroachments,
including fill, new construction, substantial improvements, and other
development, are allowed within the floodway unless it has been demonstrated
through hydrologic and hydraulic analyses performed in accordance
with standard engineering practices that the proposed encroachment
would not result in any increase in flood levels within the community
during the base flood discharge.
[Amended 3-13-2007 ATM, Art. 8]
D.
Until a regulatory floodway is designated along watercourses, no
new construction, substantial improvements, or other development (including
fill) shall be permitted within Zone AE on the FIRM, unless it is
demonstrated by the applicant that the cumulative effect of the proposed
development, when combined with all 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.
[Added 3-13-2007 ATM, Art. 8]
E.
The Building Inspector shall obtain, review, and reasonably utilize
any floodway data available from federal, state, or other sources
as criteria for requiring that all development located in Zone A meet
the following floodway requirement: No encroachments within the floodway
that would result in any increase in flood levels within the community
during the base flood discharge, including fill, new construction,
substantial improvements, and other development, are allowed.
[Added 3-13-2007 ATM, Art. 8]
A.
The Town Engineer, with the approval of the Director of Public Works
and Development, shall prepare appropriate forms for application and
issuance of the floodplain permit; the application forms may include
reasonable application and review fees.
B.
The Town Engineer is the enforcing agent in the administration of
this chapter.
C.
Appeal board; conditions for variances.
(1)
Appeal board. A Joint Committee of the Zoning Board of Adjustment
and the Building Board of Appeals (JCZBA/BBA) as respectively established
by the Hudson Zoning Ordinance and the Hudson Building Code[1] will hear and decide appeals and requests for variances
from the requirements of this chapter. The JCZBA/BBA will hear and
decide appeals when it is alleged that there is an error in any requirement,
decision or determination made by the Town Engineer or the Building
Inspector in the enforcement or administration of this chapter. Those
aggrieved by the decision of the JCZBA/BBA or any taxpayer may appeal
such decision to the Superior Court. In passing upon such applications,
the JCZBA/BBA shall consider all technical evaluations, all relevant
factors, standards specified elsewhere within 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 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 action, 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.
(2)
Upon consideration of the factors listed above, and the purposes
of this chapter, the JCZBA/BBA may attach such conditions to the granting
of variances as it deems necessary to further the purposes of this
chapter. The Town Engineer shall maintain the records of all appeal
actions and report any variances to the Federal Insurance Administration
upon its request.
D.
Conditions for variances.
(1)
Variances may be issued for the reconstruction, rehabilitation or
restoration of structures listed on the National Register of Historic
Places, without regard to the procedures set forth in the remainder
of this section. Variances shall not be issued within any designated
floodway if any increase in flood levels during the base flood discharge
would result. Variances shall only be issued upon a determination
that the variance is the minimum necessary, considering the flood
hazard, to afford relief. Variances shall only be issued upon:
(a)
A showing of good and sufficient cause.
(b)
A determination that failure to grant the variance would result
in exceptional hardship to the applicant.
(c)
A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public as identified in Subsection C(1) above or conflict with existing local laws or ordinances.
(2)
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.
E.
Any order, requirements, decision or determination of the Building
Inspector made under this chapter may be appealed to the Zoning Board
of Adjustment as set forth in RSA 676:5.
[Added 3-13-2007 ATM, Art. 8]
(1)
If the applicant, upon appeal, requests a variance as authorized
by RSA 674:33I(b), the applicant shall have the burden of showing,
in addition to the usual variance standards under state law, that:
(a)
The variance will not result in increased flood heights, additional
threats to public safety, or extraordinary public expense.
(b)
If the requested variance is for activity within a designated
regulatory floodway, no increase in flood levels during the base flood
discharge will result.
(c)
The variance is the minimum necessary, considering the flood
hazard, to afford relief.
