It is the purpose of these regulations to promote
the health, safety and general welfare and to minimize public and
private losses due to flood conditions in specific areas by provisions
designed to:
A. Restrict or prohibit uses which are dangerous to health,
safety and property due to water or erosion or which result in damaging
increases in flood heights or velocities.
B. Require that uses vulnerable to floods, including
facilities which serve such uses, be protected against flood damage
at the time of initial construction.
C. Control the alteration of natural floodplains, stream
channels, and natural protective barriers, which are involved in the
accommodation of floodwaters.
D. Control filling, grading, dredging and other development
which may increase erosion or flood damage.
E. Prevent or regulate the construction of flood barriers
which will unnaturally divert floodwaters or which may increase flood
hazards to other lands.
The objectives of these regulations are:
A. To protect human life and health;
B. To minimize the need for rescue and relief efforts
associated with flooding and generally undertaken at the expense of
the general public;
C. To minimize damage to public facilities and utilities
such as water and gas mains, electric, telephone and sewer lines,
streets and bridges located in floodplains;
D. To help maintain a stable tax base by providing for
the sound use and development of flood-prone areas in such a manner
as to minimize future flood blight areas; and
E. To ensure that potential home buyers are notified
that property is in a flood area.
The basis for establishing the special flood
hazard area is the Federal Insurance Administration's scientific and
engineering report entitled "The Flood Insurance Study for the Town
of Haddam, Connecticut, Middlesex County," effective August 28, 2008,
with accompanying Flood Insurance Rate Maps and Flood Boundary and
Floodways Maps, as amended or revised. Such study, maps and other
supporting data, and any revisions thereto, are adopted by reference
and declared to be a part of these regulations.
A. A building permit, zoning permit, site plan approval
and/or special exception shall be obtained before construction or
development begins within any special flood hazard area. The applicant
should review the zoning regulations with the Zoning Enforcement Officer
to determine which permit approval process, or processes, is to be
followed for the particular land use which is being proposed.
B. The Zoning Enforcement Officer shall notify adjacent
communities and the Connecticut Department of Environmental Protection,
Inland Water Resources Division, prior to any alteration or relocation
of a watercourse, and evidence of such notification shall be sent
to the Federal Insurance Administration. Maintenance shall be provided
within the altered or relocated portion of said watercourse so that
the flood-carrying capacity is not diminished.
C. The Zoning Enforcement Officer shall advise applicant
that additional federal or state permits may be required and, if specific
federal or state permit requirements are known, require that copies
of such permits be provided and maintained on file with any local
permit. Such additional permit requirements may include, but not be
limited to, a stream channel encroachment line permit, water diversion
permit, dam safety permit, Corps of Engineers 404 permit.
D. The applicant shall provide information with the application
which would show that any proposed building sites will be reasonably
safe from flooding.
E. Construction, reconstruction, extension of any building
or structure, or any other development, including but not limited
to mining, dredging, filling, grading, paving, excavation or drilling
operations, shall be prohibited in the special flood hazard area,
except in conformance with these regulations.
F. When base flood elevation data or floodway data have
not been provided, the Zoning Enforcement Officer shall obtain, review
and reasonably utilize any base flood evaluation or floodway data
available from federal, state or other sources in order to administer
§§
270-60 and
270-61 of these regulations.
G. The Zoning Enforcement Officer shall record and maintain
the following:
(1) The as-built elevation (in relation to mean sea level)
of the lowest floor (including basement) of all or new or substantially
improved structures;
(2) The elevation (in relation to mean sea level) to which
the new or substantially improved structures have been floodproofed;
(3) Certification as to floodway heights; and
(4) Any and all certifications required under this Article
XIV.
H. The Zoning Enforcement Officer shall make the necessary
interpretation, where needed, as to the exact location of boundaries
of the areas of special flood hazard (for example, where there appears
to a be a conflict between a mapped boundary and actual field conditions).
A. All new construction and substantial improvements
shall be anchored to prevent flotation, collapse or lateral movement
of the structure resulting from hydrodynamic or hydrostatic loads,
including the effects of buoyancy.
B. All new construction and substantial improvements
shall be constructed with materials resistant to flood damage.
C. All new construction and substantial improvements
to structures shall be constructed to ensure that electrical, heating,
ventilation, plumbing, air-conditioning equipment and other service
facilities are designed and/or located so as to prevent water from
entering or accumulating within the components during conditions of
flooding.
D. All new construction and substantial improvements
shall be constructed using methods and practices that minimize flood
damage.
E. All new and replacement water supply systems shall
be designed to minimize or eliminate infiltration of floodwaters into
the system.
F. New and replacement sanitary sewage systems shall
be designed to minimize or eliminate infiltration of floodwaters into
the systems and discharge from the systems into floodwaters.
G. On-site waste disposal systems shall be located to
avoid impairment to them or contamination from them during flooding.
H. All manufactured homes (including mobile homes placed
on a site for 180 consecutive days or longer) to be placed or substantially
improved shall be installed using methods and practices which minimize
flood damage. Elevation construction standards include piling foundations
placed no more than 10 feet apart, and the provision of reinforcement
for piers more than six feet above ground level.
I. A building permit, zoning permit, site plan approval
and/or special exception/permit shall be obtained before construction
or development begins within any special flood hazard area. The applicant
should review the zoning regulations with the Zoning Enforcement Officer
to determine which permit approval process, or processes, are to be
followed for the particular land use which is being proposed.
J. In a zone where base flood elevations have been determined,
but before a floodway is designated, no new construction, substantial
improvement, or other development (including fill) shall be permitted
which will increase base flood elevations more than one foot at any
point along the watercourse when all anticipated development is considered
cumulatively with the proposed development.
K. Use of land, construction other activities permitted
within this article shall be subject to approval by all applicable
federal or state agencies.
The following provisions shall apply in all
areas of special flood hazard A1-30, AE, AH or A Zones where base
flood elevation data have been provided in accordance with §
270-59F
or
270-62D of these regulations.
A. New construction and substantial improvement of any
residential structure shall have the lowest floor, including basement,
elevated to or above base flood elevation.
B. New construction and substantial improvement of any
commercial, industrial or other nonresidential structure shall either
have the lowest floor, including basement, elevated to the level of
the base flood elevation; or, together with attendant utility and
sanitary facilities, shall be floodproofed so that, below the base
flood level, the structure is watertight with walls substantially
impermeable to the passage of water; and have structural components
capable of resisting hydrostatic and hydrodynamic loads and effects
of buoyancy. A registered professional engineer or architect shall
review and/or develop structural design specifications and plans for
the construction, and shall certify that the design and methods of
construction are in accordance with acceptable standards of practice
for meeting the provisions of the subsection. Such certification shall
be provided to the Zoning Enforcement Officer.
C. All manufactured homes (including mobile homes placed
on a site for 180 consecutive days or longer) to be placed or substantially
improved shall be elevated so that the lowest floor is above the base
flood elevation and 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.
D. 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 developments, shall be prohibited unless certification
by a registered professional engineer or architect is provided demonstrating
that encroachments shall not result in any increase in flood discharge.
When utilizing data other than that provided by the Federal Emergency
Management Agency, a regulatory floodway must be adopted which is
designed to carry the waters of the base flood without increasing
the water surface elevation of that flood more than one foot at any
point.
(2) All new construction and substantial improvements
in the floodway shall comply with flood hazard reduction provisions
noted in this article.
In all special flood hazard areas, the following
requirements shall apply:
A. All subdivision proposals shall be consistent with
the need to minimize flood damage;
B. All subdivision proposals shall have public utilities
and facilities such as sewer, gas, electrical and water systems located
and constructed to minimize flood damage;
C. All subdivision proposals shall provide adequate drainage
to reduce exposure to flood hazards; and
D. Base flood elevation data shall be provided for all
subdivision proposals and other proposed development (including manufactured
home parks and subdivisions).
The degree of flood protection required by this
regulation is considered reasonable for regulatory purposes and is
based on scientific and engineering consideration. Larger floods can
and will occur on rare occasions. Flood heights may be increased by
man-made or natural causes. This regulation does not imply that land
outside the areas of special flood hazard or uses permitted within
such areas will be free from flooding or flood damages. This regulation
shall not create liability on the part of the Town of Haddam or by
any officer or employee thereof for any flood damages result from
reliance on this article or any administrative decision lawfully made
thereunder.
The Legislature of the State of Connecticut has, in C.G.S. Title
7, Chapter 98, § 7-148(c)(7)(A), and in C.G.S. Title 8,
Chapter 124, § 8-2, delegated the responsibility to local
governmental units to adopt regulations designed to promote the public
health, safety, and general welfare of its citizenry.
This article is not intended to repeal, abrogate or impair any
existing easements, covenants, or deed restrictions. However, where
this regulation and another ordinance, regulation, easement, covenant
or deed restriction conflict or overlap, whichever imposes the more
stringent restrictions shall prevail.
The water-holding capacity of the floodplain, except those areas
that are tidally influenced, shall not be reduced. Any reduction caused
by filling, new construction, or substantial improvements involving
an increase in footprint to the structure shall be compensated for
by deepening and/or widening of the floodplain. Storage shall be provided
on site, unless easements have been gained from adjacent property
owners; it shall be provided within the same hydraulic reach and a
volume not previously used for flood storage; it shall be hydraulically
comparable and incrementally equal to the theoretical volume of floodwater
at each elevation, up to and including the one-hundred-year flood
elevation, which would be displaced by the proposed project. Such
compensatory volume shall have an unrestricted hydraulic connection
to the same waterway or water body. Compensatory storage can be provided
off site if approved by the municipality.
Within the floodplain, except those areas which are tidally
influenced, as designated on the Flood Insurance Rate Map (FIRM) for
the community, encroachments resulting from filling, new construction
or substantial improvements involving an increase in footprint of
the structure are prohibited unless the applicant provides certification
by a registered professional engineer demonstrating, with supporting
hydrologic and hydraulic analyses performed in accordance with standard
engineering practice, that such encroachments shall not result in
any (0.00 feet) increase in flood levels (base flood elevation). Work
within the floodplain and the land adjacent to the floodplain, including
work to provide compensatory storage, shall not be constructed in
such a way so as to cause an increase in flood stage or flood velocity.
Aboveground storage tanks (oil, propane, etc.) which are located
outside or inside of the structure must either be elevated above the
base flood elevation (BFE) on a concrete pad, or be securely anchored
with tie-down straps to prevent flotation or lateral movement, have
the top of the fill pipe extended above the BFE, and have a screw
fill cap that does not allow for the infiltration of floodwater.
If any portion of a structure lies within the special flood
hazard area (SFHA), the entire structure is considered to be in the
SFHA. The entire structure must meet the construction requirements
of the flood zone. The structure includes any attached additions,
garages, decks, sunrooms, or any other structure attached to the main
structure. Decks or porches that extend into a more restrictive flood
zone will require the entire structure to meet the standards of the
more restrictive zone.
If a structure lies within two or more flood zones, the construction
standards of the most restrictive zone apply to the entire structure
(i.e., V Zone is more restrictive than A Zone; structure must be built
to the highest BFE). The structures includes any attached additions,
garages, decks, sunrooms, or any other structure attached to the main
structure. (Decks or porches that extend into a more restrictive zone
will require the entire structure to meet the requirements of the
more restrictive zone.)
New construction, substantial improvements and repair to structures
that have sustained substantial damage cannot be constructed or located
entirely or partially over water.
Fully enclosed areas below the lowest floor that are usable
solely for the parking of vehicles, building access, or limited storage
in an area other than a basement and which are subject to flooding
shall be designed to automatically equalize hydrostatic flood forces
on exterior walls by allowing for the entry and exit of floodwaters.
Designs for meeting this requirement must either be certified by a
registered professional engineer or architect, or meet or exceed the
following criteria: A minimum of two openings having a total net area
of not less than one square inch for every square foot of enclosed
area subject to flooding shall be provided. The bottom of all openings
shall be no higher than one foot above grade. Openings may be equipped
with screens, louvers, valves, or other coverings or devices, provided
that they permit the automatic entry and exit of floodwaters.
See Article
XXXIII of these regulations.