[Editor's Note: The provisions of this chapter were originally adopted by Ord. 1/1/76, amended by Ord. 12/4/84, amended by Ord. No. 92-1, and readopted by Ord. No. 97-4, as contained in Chapter 12, Flood Damage Prevention. The effective date of Ord. No. 97-4 is September 17, 1997.]
[Ord. No. 97-4 § 1.1]
The Legislature of the State of Connecticut has in Title 7 delegated
the responsibility to local governmental units to adopt regulations
designed to promote the public health, safety, and general welfare
of its citizenry. Therefore, the Town Meeting of Brooklyn, Connecticut
does ordain as follows.
[Ord. No. 97-4 § 1.2]
a.
The flood hazard areas of Brooklyn are subject to periodic inundation,
which results 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 hazards which increase flood heights and
velocities, and when inadequately anchored, damage uses in other areas.
Uses that are inadequately flood-proofed, elevated or otherwise protected
from flood damage also contribute to the flood loss.
[Ord. No. 97-4 § 1.3]
It is the purpose of this chapter to promote the public health,
safety, and general welfare, and to minimize public and private losses
due to flood conditions in specific areas by provisions designed:
a.
To protect human life and health;
b.
To minimize expenditure of public money for costly flood control
projects;
c.
To minimize the need for rescue and relief efforts associated with
flooding and generally undertaken at the expense of the general public;
d.
To minimize prolonged business interruptions;
e.
To 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 hazard;
f.
To help maintain a stable tax base by providing for the second use
and development of areas of special flood hazard so as to minimize
future flood blight areas;
g.
To insure that potential buyers are notified that property is in
an area of special flood hazard; and
h.
To ensure that those who occupy the areas of special flood hazard
assume responsibility for their actions.
[Ord. No. 97-4 § 1.4]
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 or 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 flood plains, stream channels,
and natural protective barriers, which help accommodate or channel
flood waters;
d.
Controlling, filling, grading, dredging and other development which
may increase flood damage; and,
e.
Preventing or regulating the construction of flood barriers which
will unnaturally divert flood waters or which may increase flood hazards
in other areas.
[Ord. No. 97-4 § 2.0]
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.
Shall mean a request for a review of the Planning and Zoning
Commission's interpretation of any provision of this chapter or a
request for a variance.
Shall mean a designated AO or VO zone on the Flood Insurance
Rate Map (FIRM). The base flood depths range from one to three feet;
a clearly defined channel does not exist; the path of flooding is
unpredictable and indeterminate; and, velocity flow may be evident.
Shall mean the land in the flood plain within a community
subject to a 1% or greater chance of flooding in any given year.
Shall mean the flood having a 1% chance of being equaled
or exceeded in any given year.
Shall mean 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 the area of special flood hazard.
Shall mean a parcel (or contiguous parcels) of land divided
into two or more manufactured (mobile) home lots for rent or sale
for which the construction of facilities for servicing the lot on
which the manufactured (mobile) home is to be affixed (including,
at a minimum, the installation of utilities, either final site grading
or the pouring of concrete pads, and the construction of streets)
is completed before the effective date of this chapter.
Shall mean a general and temporary condition of partial or
complete inundation of normally dry land areas from:
Shall mean 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.
Shall mean 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.
Shall mean 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 two feet.
Shall mean any floor usable for living purposes, which includes
working, sleeping, eating, cooking or recreation, or a combination
thereof. A floor used only for storage purposes is not an "habitable
floor."
Shall mean a structure that is transportable in one or more
sections, built on a permanent chassis, and designed to be used with
or without a permanent foundation when connected to the required utilities.
It does not include recreational vehicles or travel trailers.
Shall mean structures for which the "start of constructions"
commenced on or after the effective date of this chapter.
Shall mean a parcel (or contiguous parcels) of land divided
into two or more mobile home lots for rent or sale for which the construction
of facilities for servicing the lot (including, at a minimum, the
installation of utilities, either final site grading or the pouring
of concrete pads, and the construction of streets) is completed on
or after the effective date of this chapter.
Shall mean 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
a temporary living quarters for recreational, camping, travel, or
seasonal use.
Shall mean the first placement of permanent construction
of a structure (other than a mobile home) on a site, such as the pouring
of slabs or footings or any work beyond the stage of excavation. 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 as
part of the main structure. For a structure (other than a mobile home)
without a basement or poured footings, the "start of construction"
includes the first permanent framing or assembly of the structure
or any part thereof on its piling or foundation. For mobile homes
not within a mobile home park or mobile home subdivision, "start of
construction" means the affixing of the mobile home to its permanent
site. For mobile homes within mobile home parks or mobile home subdivisions,
"start of construction" is the date on which the construction of facilities
for servicing the site on which the mobile home is to be affixed (including,
at a minimum, the construction of streets, either final site grading
or the pouring of concrete pads, and installation of utilities) is
completed.
Shall mean a walled and roofed building or mobile home that
is principally above ground.
Shall mean 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.
Shall mean any repair, reconstruction, or improvement of
a structure taking place within a 10 year period, the cost of which
equals or exceeds 50% of the market value of the structure either:
Before the improvement or repair is started; or
If the structure has been damaged and is being restored, before
the damage occurred. 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.
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The term does not, however, include either:
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a.
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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
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b.
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Any alteration of a structure listed on the national Register
of Historic Places or a State Inventory of Historic Places.
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Shall mean a grant of relief from the requirements of this
chapter, which permits construction in a manner that would otherwise
be prohibited by this chapter.
[Ord. No. 97-4 § 3.1]
This chapter shall apply to all areas of special flood hazards
within the jurisdiction of Brooklyn, Connecticut.
[Ord. No. 97-4 § 3.2]
The areas of special flood hazard identified by the Federal
Insurance Administration in a scientific and engineering report entitled
"The Flood Insurance Study for the Town of Brooklyn" dated July, 1984,
as amended, with accompanying Flood Insurance Rate Maps dated January
3, 1985, and any subsequent revisions, is hereby adopted by reference
and declared to be a part of this chapter. The Flood Insurance Study
is on file at the Town Hall, Town of Brooklyn, Connecticut.
[Ord. No. 97-4 § 3.3]
No structure or land shall hereafter be constructed, located,
extended, converted, or altered without full compliance with the terms
of this chapter and other applicable regulations.
[Ord. No. 97-4 § 3.4]
This chapter is not intended to repeal, abrogate, or impair
any existing easements, covenants, or deed restrictions. However,
where this chapter and/or another ordinance, easement, covenant, or
deed restriction conflicts or overlaps, whichever imposes the more
stringent restrictions shall prevail.
[Ord. No. 97-4 § 3.5]
In the interpretation and application of this chapter, all provisions
shall be:
[Ord. No. 97-4 § 3.6]
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 Brooklyn, any officer or employee thereof, or the Federal
Insurance Administration, for any flood damages that result reliance
on this chapter or any administrative decision lawfully made thereunder.
[Ord. No. 97-4 § 4.1]
A Development Permit shall be obtained before construction or development begins within any area of special flood hazard established in subsection 12-3.2. Application for a Development Permit shall be made on forms furnished by the Planning and Zoning Commission 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 floodproofed;
c.
Certification by a registered professional engineer or architect that the flood proofing methods for any nonresidential structure meet the flood proofing criteria in subsection 12-5.2b; and,
d.
Description of the extent to which any watercourses will be altered
or relocated as a result of proposed development.
[Ord. No. 97-4 § 4.2]
The Planning and Zoning Commission is hereby appointed to administer
and implement this chapter by granting or denying development permit
applications in accordance with its provisions.
[Ord. No. 97-4 § 4.3]
The duties and responsibilities of the Planning and Zoning Commission
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.
ADVERSELY AFFECTS
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:
Shall mean that the cumulative effect of proposed development
when combined with all other existing and anticipated development
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 subsection 12-3.2, Basis for Establishing the Areas of Special Flood Hazard, the Planning and Zoning Commission shall obtain, review, and reasonably utilize any base flood elevation data available from a Federal, State or other source, in order to administer subsections 12-5.2a, Specific Standards, Residential Construction, and 12-5.2b, Specific Standards, Nonresidential Construction.
c.
Information
to Be Obtained and Maintained.
d.
Alteration
of Watercourses.
1.
Notify
adjacent communities and the Department of Environmental Protection
prior to any alteration or relocation of a watercourse, and submit
evidence of such notification to the Federal Insurance Administration.
2.
Require
that maintenance is provided within the altered or relocated portion
of the watercourse so that the flood carrying capacity is not diminished.
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 a reasonable opportunity to appeal the interpretation as provided subsection 12-4.4.
[Ord. No. 97-4 § 4.4]
a.
Appeal Board.
1.
The Brooklyn Inland-Wetlands Commission as established by the Selectmen
shall hear and decide appeals and requests for variances from the
requirements of this chapter.
2.
The Inland-Wetlands Commission shall hear and decide appeals when
it is alleged there is an error in any requirement, decision, or determination
made by the Planning and Zoning Commission in the enforcement or administration
of this chapter.
3.
Those aggrieved by the decision of the Inland-Wetlands Commission,
or any taxpayer, may appeal such decision to the Superior Court for
the Judicial District of Windham, as provided in Section 22a-43 of
the Connecticut General Statutes, (Revision of 1958) as amended.
4.
In deciding such appeals, the Inland-Wetlands Commission 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 of 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 alternative 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 flood plain 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 flood waters 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.
5.
Generally, variances may be issued for new construction and substantial
improvements to be erected on a lot of 1 1/2 acres in size contiguous
to and surrounded by lots with existing structures constructed below
the base flood level, providing items (a) to (k) in subsection 12-4.4a4
have been fully considered. As the lot size increases beyond 1 1/2
acres, the technical justification required for issuing the variance
increases.
6.
Upon consideration of the factors of subsection 12-4.4a4 and the
purposes of this chapter, the Inland-Wetlands Commission may attach
such conditions to the granting of variances as it deems necessary
to further the purposes of this chapter.
7.
The Planning and Zoning Commission 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
increase 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 as identified on subsection 12-4.4a4, 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.
[Ord. No. 97-4 § 5.1]
In all areas of special flood hazards the following standards
are required:
a.
Anchoring. All new construction and substantial improvements shall
be anchored to prevent flotation, collapse or lateral movement of
the structure.
b.
Construction Materials and Methods.
c.
Utilities.
1.
All new and replacement water supply systems shall be designed to
minimize or eliminate infiltration of flood waters into the system;
2.
New and replacement sanitary sewage or septic systems shall be designed
to minimize or eliminate infiltration of flood waters into the systems
and discharge from the systems into flood waters; and,
3.
On-site waste disposal systems shall be located to avoid impairment
to them or contamination from them during 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 septic, 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 which contain at least 50 lots or five
acres (whichever is less).
[Ord. No. 97-4 § 5.2]
In all areas of special flood hazards where base flood elevation data has been provided as set forth in subsection 12-3.2, Basis for Establishing the Areas of Special Flood Hazard or subsection 12-4.3b, 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.
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; or together with attendant utility
and sanitary facilities, shall:
1.
Be floodproofed so that below the base flood level 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 professional engineer or architect that
the standards of this subsection are satisfied. Such certifications
shall be provided to the official as set forth in subsection 12-4.3c2.
c.
Minimum Federal Standards.
1.
Manufactured homes that are placed or substantially improved within
Zones A1-30, AH and AE on sites (1) outside of a manufactured home
park or subdivision, (2) in a new manufactured home park or subdivision,
(3) in an expansion to an existing manufactured home park or subdivision,
or (4) in an existing manufactured home park or subdivision on which
a manufactured home has incurred "substantial damage" as the result
of a flood, shall be elevated on a permanent foundation such that
the lowest floor of the manufactured home is elevated to or above
the base flood elevation and shall be securely anchored to an adequately
anchored foundation system to resist floatation, collapse and lateral
movement.
2.
Manufactured homes that are placed or substantially improved on sites in an existing manufactured home park or subdivision, within Zones A1-30, AH, and AE that are not subject to the provisions of subsection 12-5.2 above shall be elevated so that either (a) lowest floor of the manufactured home is at or above the base flood elevation, or (b) the manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system to resist floatation, collapse, and lateral movement.
3.
Recreational vehicles placed on sites within Zones A1-30, AH and AE shall either (a) be on the site for fewer than 180 consecutive days, (b) be fully licensed and ready for highway use, or (c) meet all the general standards of subsection 12-5.1 and the elevation and anchoring requirements of subsection 12-5.1. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions.
[Ord. No. 97-4 § 5.3]
Located within areas of special flood hazard established in subsection 12-3.2 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters with debris, potential projectiles, and erosion potential, the following provisions apply:
a.
Prohibit encroachments, including fill, new construction, substantial
improvements, and other development unless certification by a registered
professional engineer or architect is provided demonstrating that
encroachments shall not result in any increase in flood levels during
the occurrence of the base flood discharge.
b.
If paragraph a above is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Section 12-5, Provisions for Flood Hazard Reduction.
c.
Prohibit the placement of any mobile homes.
