[Amended 3-8-1994; 7-22-2009; 3-12-2024]
A.
This article, adopted pursuant to the authority of RSA 674:16, shall
be known as the "Town of Bedford Floodplain Development Ordinance."
The regulations in this article shall overlay and supplement the regulations
in the Town of Bedford Zoning Ordinance, and shall be considered part
of the Zoning Ordinance for purposes of administration and appeals
under state law.
B.
The purpose
of this article is to promote public health, safety, and general welfare;
minimize hazards to persons and property from flooding; to protect
watercourses from encroachment; and to maintain the capability of
floodplains to retain and carry off floodwaters.
C.
Certain
areas of the Town of Bedford 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 has chosen to become a
participating community in the National Flood Insurance Program (NFIP)
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 article.
D.
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 more stringent standard
shall be controlling.
E.
The following regulations in this article 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, or as amended, together
with the associated Flood Insurance Rate Maps (FIRM) dated September
25, 2009, or as amended, which are declared to be a part of this article
and are hereby incorporated by reference.
The following definitions shall apply only to this article and
shall not be affected by the provisions of any other ordinance of
the Town of Bedford:
A structure that is: 1) detached from and clearly incidental
and subordinate to the principal use or structure on a lot, 2) located
on the same lot as the principal structure or use, 3) clearly and
customarily related to the principal structure or use, and 4) only
used for vehicle parking, storage, or primarily building access. Examples
include garages, garden and tool sheds, and playhouses.
[Added 3-12-2024]
The land in the floodplain within the Town of Bedford subject
to a one-percent or greater possibility of flooding in any given year.
The area is designated on the FIRM as Zones A and AE.
[Amended 3-13-2007]
The flood having a one-percent possibility of being equaled
or exceeded in any given year.
The elevation of surface water resulting from the "base flood."
[Added 3-12-2024]
Any area of a building having its floor subgrade on all sides.
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, drilling operation
or storage of equipment or materials.
[Amended 3-13-2007]
An area created by a crawl space or solid walls that fully
enclose an area below an elevated building.
[Added 3-12-2024]
The Federal Emergency Management Agency.
A general and temporary condition of partial or complete
inundation of normally dry land areas from:
An examination, evaluation, and determination of flood hazards
and, if appropriate, corresponding water surface elevations, or an
examination and determination of mudslide or flood-related erosion
hazards.
[Amended 3-13-2007]
An official map incorporated with this article, on which
FEMA has delineated both the special flood hazard areas and the risk
premium zones applicable to the Town of Bedford.
An official report incorporated with this article in which
FEMA has delineated both the special flood hazard areas and the risk
premium zones applicable to the Town of Bedford.
Any land area susceptible to being inundated by water from
any source. (See definition of "flood" or "flooding.")
[Amended 3-12-2024]
Zoning ordinances, subdivision regulations, building codes,
health regulations, special purpose ordinances (such as a floodplain
ordinance, grading ordinance, and erosion control ordinance) and other
applications of police power. The term describes such state or local
regulations, in any combination thereof, which provide standards for
the purpose of flood damage prevention and reduction.
[Added 3-8-1994]
An opening in a foundation or enclosure wall that allows
automatic entry and exit of floodwaters. See FEMA “Technical
Bulletin 1, Openings in Foundation Walls and Walls of Enclosures.”
[Added 3-12-2024]
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 sanitation
facilities, structures and their contents.
Making a structure watertight below the level that needs
flood protection to prevent floodwaters from entering.
[Added 3-12-2024]
Permanent or contingent measures applied to a structure and/or
its contents that prevent or provide resistance to damage from flooding
by allowing flood waters to enter the structure.
[Added 3-12-2024]
See "regulatory floodway."
[1]The highest natural elevation of the ground surface prior
to the implementation of construction techniques such as fill, berming,
or landscaping next to the proposed walls of a structure.
[Amended 3-12-2024]
Any structure that is:
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of 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 a district preliminarily determined by the Secretary
to qualify as a registered Historic District;
Individually listed on a state inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of the Interior; or
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
The lowest floor of the lowest enclosed area (including basement).
An unfinished or flood-resistant enclosure, usable solely for parking
of vehicles, building access, or storage in an area other than a basement
area, is not considered a building's lowest floor, provided that such
an enclosure is not built so as to render the structure in violation
of the applicable state and local codes.
[Amended 3-12-2024]
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" includes
park trailers, travel trailers, and other similar vehicles placed
on site for greater than 180 days.
For the purposes of this article, market value is determined
by the value of the building or structure as calculated in the Bedford
Tax Assessment.
[Added 3-12-2024]
The National Geodetic Vertical Datum (NGVD) of 1929 , North
American Vertical Datum (NAVD) of 1988, or other datum, to which base
flood elevations shown on a community's Flood Insurance Rate Map are
referenced.
[Amended 3-12-2024]
For the purposes of determining insurance rates, structures
for which the start of construction commenced on or after the effective
date of the initial FIRM or after December 31, 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 improvements to such structures.
[Added 3-13-2007]
A commercial or mixed-use building where the primary use
is commercial or nonhabitational.
[Added 3-12-2024[2]]
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; and
Designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational, camping, or seasonal use.
[Added 3-8-1994]
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 FIRM.
[Amended 3-13-2007]
A noncommercial building designed for habitation by one or
more families or a mixed-use building that qualifies as a single-family,
multifamily, or other residential building.
[Added 3-12-2024]
See "area of special flood hazard."
[Amended 3-13-2007]
Includes substantial improvements 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 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 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 part of the main structure.
For floodplain management purposes, a walled and roofed building,
including a gas or liquid storage tank, that is principally above
ground, as well as a manufactured home.
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 40% of the market value of the structure before the
damage occurred.
[Amended 3-12-2024]
Any reconstruction, rehabilitation, addition, or other improvement
of a structure, the cost of which equals or exceeds 40% of the market
value of the structure before the “start of construction”
of the improvement. This term includes structures which have incurred
“substantial damage,” regardless of the actual repair
work performed. The term does not, however, include either:
[Amended 3-12-2024]
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
Any alteration of a “historic structure,” provided
that the alteration will not preclude the structure's continued designation
as a “historic structure.”
The failure of a structure or other development to be fully
compliant with the community's floodplain management regulations.
[Added 3-13-2007; amended 3-12-2024]
The height, in relation to the National Geodetic Vertical
Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988,
or other datum, where specified, of floods of various magnitudes and
frequencies in the floodplains.
[Amended 3-12-2024]
[1]
Editor's Note: The definitions of "freeboard," added 3-8-1994,
and "functionally dependent use," which immediately followed this
definition, were repealed 3-12-2024.
[2]
Editor's Note: This ordinance also repealed the definition
of "one-hundred-year flood," which immediately followed this definition.
All proposed development in any special flood hazard areas shall
require a permit.
[Amended 3-13-2007]
A.
The Building Code Official 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 located in a special flood hazard area,
all new construction or substantial improvements shall be:
(1)
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;
(2)
Constructed with flood damage-resistant materials;
[Amended 3-12-2024]
(3)
Constructed by methods and practices that minimize flood damages;
and
(4)
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.
B.
Where new or replacement water and sewer systems (including on-site
systems) are proposed in a special flood hazard area, the applicant
shall provide the Building Code Official with assurance that these
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.
C.
For all new or substantially improved structures located in Zones
A and AE, the applicant shall furnish the following information to
the Building Code Official: the as-built elevation (in relation to
mean sea level) of the lowest floor (including basement) including
whether or not such structures contain a basement; if the structure
has been floodproofed, the as-built elevation (in relation to mean
sea level) to which the structure was floodproofed; any certification
of floodproofing. The Building Code Official shall maintain these
records for public inspection, and shall furnish such information
upon request.
[Amended 3-12-2024]
D.
The Building Code Official 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.
Riverine situations.
(1)
Prior to the alteration or relocation of a watercourse, the applicant
for such authorization shall notify the Wetlands Bureau of the New
Hampshire Environmental Services Department and submit copies of such
notification to the Building Code Official, in addition to the copies
required by the RSA 482-A:3.
[Amended 3-8-1994; 3-13-2007]
(2)
Further, the applicant shall be required to submit copies of said
notification to those adjacent communities as determined by the Building
Code Official, including notice of all scheduled hearings before the
Wetlands Bureau.
[Amended 3-13-2007]
B.
Certification of maintenance of flood-carrying capability. The applicant
shall submit to the Building Code Official, 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.
Watercourses with a designated regulatory floodway.
(1)
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]
(2)
In Zone A, the Building Code Official shall obtain, review, and reasonably
utilize any floodway data available from federal, state, or other
sources as criteria for requiring that development meet the floodway
requirements of this section.
D.
Watercourses without a designated regulatory floodway. Along watercourses
that have not had a regulatory floodway designated, 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.
[Amended 3-13-2007]
[Amended 3-8-1994; 3-13-2007; 3-12-2024]
A.
In special flood hazard areas, the Building Code Official shall determine
the base flood elevation in the following order of precedence according
to the data available:
(1)
In Zone AE, refer to the elevation data provided in the community's
Flood Insurance Study and accompanying FIRM.
(2)
In Zone A, the Building Code Official shall obtain, review, and reasonably
utilize any base flood elevation data available from any federal,
state or other sources including data submitted for development proposals
submitted to the community (i.e. subdivisions, site approvals). Where
a base flood elevation is not available or not known for Zone A, the
base flood elevation shall be determined to be at least two feet above
the highest adjacent grade.
B.
The Building Code Official's base flood elevation determination
will be used as criteria for requiring in Zones A and AE that:
(1)
All new construction or substantial improvement of residential structures
have the lowest floor (including basement) elevated at least one foot
above the base flood elevation; and
(2)
That all new construction or substantial improvements of nonresidential
structures have the lowest floor (including basement) elevated at
least one foot above the base flood elevation, or together with attendant
utility and sanitary facilities shall:
(a)
Be flood proofed so that below the base 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 dry flood proofing design and methods of construction are
in accordance with accepted standards of practice for meeting the
provisions of this section. Such certification shall be provided to
the Floodplain Administrator in the form of a completed and signed
flood proofing certificate for nonresidential structures.
(3)
All new residential structures or residential developments and all
new nonresidential structures and nonresidential developments shall
have all driveways and/or all road access or streets constructed with
the driving surface at least one foot above the base flood elevation
in order to ensure safe ingress and egress during a 100-year flood.
(4)
New construction or substantial improvement of a small, detached
accessory structure with a gross area of 500 square feet or less does
not have to meet the elevation or nonresidential dry flood proofing
requirements as detailed in this article if the following wet flood
proofing standards are met:
(a)
The structure has unfinished interiors and is not used for human
habitation;
(b)
The structure is not located in the floodway;
(c)
The structure is not used for storage of hazardous materials;
(d)
The structure is wet flood proofed and designed to allow for
the automatic entry and exit of flood water as detailed in this article;
(e)
The structure shall be firmly anchored to prevent flotation,
collapse and lateral movement;
(f)
When possible, the structure shall be constructed and placed
on the building site so as to offer the minimum resistance to the
flow of floodwaters and be placed further from the source of flooding
than the primary structure; and
(g)
Service facilities such as electrical, mechanical and heating
equipment shall be elevated or dry flood proofed to or above the base
flood elevation.
(5)
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 least one
foot above the base flood elevation securely anchored to resist floatation,
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.
(6)
Recreational vehicles placed on sites within Zone A and AE shall
either:
(a)
Be on the site for fewer than 180 consecutive days; or
(b)
Be fully licensed and on its wheels or jacking system, attached
to the site only by quick disconnect type utilities and security devices,
and have no permanently attached additions and ready for highway use;
or
(c)
Meet all standards of this article and the elevation and anchoring requirements for manufactured homes in § 275-81B(3) of this article.
(7)
For all new construction and substantial improvements, fully enclosed
areas below the lowest floor that are subject to flooding are permitted,
provided they meet the following requirements:
(a)
The enclosed area is unfinished or flood-resistant, usable solely
for the parking of vehicles, building access or storage;
(b)
The area is not a basement; and
(c)
The area shall be designed to automatically equalize hydrostatic
flood forces on exterior walls by allowing for the entry and exit
of floodwater. Designs for meeting this requirement must either be
certified by a registered professional engineer or architect or must
meet or exceed the following minimum criteria:
[1]
A minimum of two flood 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 flood 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 floodwater.
A.
Any order, requirement, decision, or determination of the Building
Code Official 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, 1, the applicant shall have the burden of showing in
addition to the usual variance standards under state law that:
[Amended 3-12-2024]
(1)
The variance will not result in increased flood heights, additional
threats to public safety, or extraordinary public expense;
(2)
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)
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
elevation 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 elevation increases risks to life
and property. Such notification shall be maintained with a record
of all variance actions.
[Amended 3-12-2024]
