The legislature of the State of Connecticut has, in Section
8-2 of the Connecticut General Statutes, delegated the responsibility
to Zoning Commissions to adopt regulations designed to promote the
public health, safety, and general welfare of its citizenry. Therefore,
the Town Plan and Zoning Commission of the Town of Woodbridge hereby
promulgates the following:
A. Finding of fact.
(1) The flood hazard areas of the Town of Woodbridge are subject to periodic
inundation which results in loss of life, 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;
(2) These flood losses are caused by the cumulative effect of obstructions
in floodplains causing increases in flood heights, velocities, and
by the occupancy of flood hazard areas by uses vulnerable to floods
or hazardous to other lands which are inadequately elevated, flood-proofed,
or otherwise unprotected from flood damages.
B. Statement of purpose. The purpose of this chapter is to promote the
public health, safety, and general welfare, and to minimize the public
and private losses due to flood conditions in specific areas by provisions
designed to:
(1) Restrict or prohibit uses which are dangerous to health, safety,
and property due to water or erosion hazards, or which result in damaging
increases in erosion hazards, or which result in damaging increases
in erosion or in flood heights or velocities;
(2) Require that uses vulnerable to floods, including facilities which
serve such uses, be protected against flood damage at the time of
initial construction;
(3) Control the alteration of natural floodplains, stream channels, and
natural protective barriers which are involved in the accommodation
of floodwaters;
(4) Control filling, grading, dredging, and other development which may
increase erosion or flood damage; and
(5) Prevent or regulate the construction of flood barriers, which will
unnaturally divert floodwaters or which may increase flood hazards
to other lands.
C. Objectives. The objectives of this section are to:
(1) Protect human life and health;
(2) Minimize expenditure of public money for costly flood control projects;
(3) Minimize the need for rescue and relief efforts associated with flooding
and generally undertaken at the expense of the general public;
(4) Minimize business interruptions;
(5) Minimize damage to public facilities and utilities such as water
and gas mains, electric, telephone and sewer lines, streets, and bridges
located in floodplains;
(6) Help maintain a stable tax base by providing for the sound use and
development of prone areas in such a manner as to minimize flood blight
areas; and
(7) Insure that potential home buyers are notified that property is in
a flood area.
Unless specifically defined below or in the Zoning Regulations
of the Town of Woodbridge, 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 it most reasonable application.
ADDITION (TO AN EXISTING BUILDING)
Any walled and roofed expansion to the perimeter of an existing
building in which the addition is connected by a common load-bearing
wall other than a fire wall. Any walled and roofed addition which
is connected by a fire wall or is separated by independent perimeter
load-bearing wall is new construction.
APPEAL
A request for a review of the Town Plan and Zoning Commission's
interpretation of any provision of this chapter or a request for a
variance.
BASE FLOOD
The flood having a 1% chance of being equaled or exceeded
in any given year.
BASE FLOOD ELEVATION (BFE)
The elevation of the crest of the base flood or 100-year
flood. The height in relation to mean sea level expected to be reached
by the waters of the base flood at pertinent points in the floodplains
of coastal and riverine areas.
BASEMENT
Any area of a building having its floor subgrade (below ground
level) on all sides.
BUILDING
A walled and roofed structure which is principally above
ground, including a manufactured home, a gas or liquid storage tank,
or other man-made facilities or infrastructures.
COST
As related to substantial improvements, the cost of any reconstruction,
rehabilitation, addition, alteration, repair, or other improvement
of a building or structure shall be established by a detailed written
contractor's estimate. The estimate shall include, but not be
limited to: the cost of materials (interior finishing elements, structural
elements, utility and service equipment); sales tax on materials,
building equipment, and fixtures, including heating and air conditioning
and utility meters; labor; built-in appliances; demolition and site
preparation; repairs made to damaged parts of the building worked
on at the same time; contractor's overhead; contractor's
profit; and grand total. Items to be excluded include: cost of plans
and specifications, survey costs, permit fees, outside improvements
such as septic systems, water supply wells, landscaping, sidewalks,
fences, yard lights, irrigation systems, and detached structures such
as garages, sheds, and gazebos.
DEVELOPMENT
Any man-made change to improved or unimproved real estate,
including, but not limited to, the construction of buildings or structures;
the construction of additions, alterations, or substantial improvements
to buildings or structures; the placement of buildings or structures;
mining, dredging, filling, grading, paving, excavation or drilling
operations, or storage of equipment; the storage, deposition, or extraction
of materials; and the installation, repair, or removal of public or
private sewage disposal systems or water supply facilities.
ELEVATED BUILDING
A non-basement building built to have the lowest floor elevated
above the ground level by means of fill, solid foundation perimeter
walls, pilings, columns (post and piers), shear walls, or breakaway
walls.
FINISHED LIVING SPACE
As related to fully enclosed areas below the base flood elevation
(BFE), a space that is, but is not limited to, heated and/or cooled,
contains finished floors (tile, linoleum, hardwood, etc.), has sheetrock
walls that may or may not be painted or wallpapered, and other amenities
such as furniture, appliances, bathrooms, fireplaces, and other items
that are easily damaged by floodwaters and expensive to clean, repair,
or replace.
FLOOD INSURANCE RATE MAP (FIRM)
An official map of a community, on which the Federal Emergency
Management Agency has delineated both the areas of special flood hazard
and the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY (FIS)
The official report by the Federal Emergency Management Agency
(FEMA). The report contains flood profiles, as well as the Flood Insurance
Rate Map (FIRM) and the water surface elevation of the base flood.
FLOOD OR FLOODING
A general and temporary condition of partial or complete
inundation of normally dry land areas from the: (a) overflow of inland
water or (b) unusual and rapid accumulation or runoff of surface waters
from any source.
FLOODWAY
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
one foot.
FLOOR
The top surface of an enclosed area in a building (including
basement); i.e., top of slab in concrete slab construction or top
of wood flooring in wood frame construction. The term does not include
the floor of a garage used solely for parking vehicles.
FUNCTIONALLY DEPENDENT USE OR FACILITY
A use or facility that 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 ship building
and ship repair facilities. The term does not include seafood processing
facilities, long-term storage, manufacturing, sales, or service facilities.
HIGHEST ADJACENT GRADE
The highest natural elevation of the ground surface, prior
to construction, next to the proposed walls of a structure.
HISTORIC STRUCTURE
Any structure that is:
A.
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;
B.
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historic significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;
C.
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
D.
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
(1)
By an approved state program as determined by the Secretary
of the Interior; or
(2)
Directly by the Secretary of the Interior in states without
approved programs.
LOWEST FLOOR
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.
MANUFACTURED HOME
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. The
term also includes park trailers, travel trailers, recreational vehicles
and other similar vehicles, or transportable structures placed on
a site for 180 consecutive days or longer and intended to be improved
property.
MARKET VALUE
Market value of the structure shall be determined by 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.
MEAN SEA LEVEL (MSL)
For purposes of the National Flood Insurance Program, the
North American Vertical Datum (NAVD) of 1988 or other datum, to which
base flood elevations shown on a community's Flood Insurance
Rate Map (FIRM) are referenced.
NEW CONSTRUCTION
Structures for which the "start of construction" commenced
on or after the effective date (July 18, 1980), the effective date
of the Flood Hazard Area Regulations, and includes any subsequent
improvements to such structures.
RECREATIONAL VEHICLE
A vehicle which is:
A.
Built on a single chassis;
B.
Four hundred square feet or less when measured at the largest
horizontal projection;
C.
Designed to be self-propelled or permanently towable by a light
duty truck; and
D.
Designed primarily not for use as a permanent dwelling but as
a temporary living quarters for recreational, camping, travel, or
seasonal use.
START OF CONSTRUCTION, FOR OTHER THAN NEW CONSTRUCTION
Includes substantial improvement and means the date the building
permit was issued, provided the actual start of construction, repair,
reconstruction, or improvement was within 180 days of the permit date.
The actual start means the first placement of permanent construction
of a structure (including a manufactured home) on a site, such as
the pouring of slabs or footings, installation of piles, construction
of columns, or any work beyond the stage of excavation or 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
for 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
a substantial improvement, the actual start of construction means
the first alteration of any wall, ceiling, floor, or other structural
part of a building, whether or not that alteration affects the external
dimensions of the building.
STRUCTURE
A walled and roofed building which is principally above ground,
including a manufactured home, a gas or liquid storage tank, or other
man-made facilities or infrastructures.
SUBSTANTIAL DAMAGE
Damage of any origin sustained by a building or structure,
whereby the cost of restoring the structure to its pre-damaged condition
would equal or exceed 50% of the market value of the structure before
the damage occurred.
SUBSTANTIAL IMPROVEMENT
Any combination of repairs, reconstruction, alterations,
or improvements to a building or structure, taking place during the
life of the building or structure, in which the cumulative cost equals
or exceeds 50% of the market value of the building or structure. The
market value of the building or structure should be: 1) the appraised
value of the building or structure prior to the start of the initial
repair or improvement or 2) in the case of damage, the value of the
building or 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 or structure commences, whether or not that alteration
affects the external dimensions of the building or structure. The
term does not however include any project for improvement of a building
or structure required to comply with existing health, sanitary, or
safety code specifications which are solely necessary to assure safe
living conditions.
VARIANCE
A grant of relief from the requirements of this chapter which
permits construction in a manner otherwise prohibited by this chapter
where specific enforcement would result in unnecessary hardship.
VIOLATION
Failure of a building or structure or other development to
be fully compliant with the Flood Hazard Area Regulations. A structure
or other development without required permits, lowest floor elevation
documentation, floodproofing certificates or required floodway encroachment
calculations is assumed to be in violation until such time as that
documentation is provided.
WATER SURFACE ELEVATION
The height, in relation to the North American Vertical Datum
(NAVD) of 1988 (or other datum, where specified) of floods of various
magnitudes and frequencies in the floodplain of riverine areas.