A.
Purpose. The Floodplain Overlay Zone, as shown on the official Zoning Map, is intended to provide reasonable notice to persons regarding property that may be subject to the effects of flooding. It is the purpose of the floodplain management regulations 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 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 prolonged business interruptions.
(5)
Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines and streets and bridges located in areas of special flood hazard.
(6)
Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas.
(7)
Ensure that potential buyers are notified that property is in an area of special flood hazard.
(8)
Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.
B.
Statutory authorization. The legislature of the State of Connecticut has in Title 7, Chapter 98, § 7-148(c)(7)(A) and Title 8, Chapter 124, § 8-2, of the General Statutes delegated the responsibility to local governmental units to adopt regulations designed to promote public health, safety, and general welfare of its citizenry. Therefore, the Planning & Zoning Commission of the Town of Bethel does ordain as follows:
C.
Finding of fact.
(1)
The flood hazard areas of Bethel 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.
(2)
These flood losses are caused by the cumulative effect of obstructions in the floodplains causing increases in flood heights and velocities, and by the occupancy in flood areas by uses vulnerable to floods or hazards to other lands which are inadequately elevated, floodproofed, or otherwise unprotected from flood damage. Uncontrolled development and use of the floodplains can adversely affect the community.
(3)
The Town of Bethel has voluntarily participated in the National Flood Insurance Program (NFIP) since April 23, 1984. The NFIP is founded on a mutual agreement between the federal government and each participating community. Local, state and federal governments must share roles and responsibilities to meet the goals and objectives of the NFIP. The community's role is of paramount importance. Property owners are able to receive federally subsidized insurance only of the community enacts and enforces the minimum floodplain regulations for participation in the NFIP.
D.
Objectives. In order to accomplish its purposes, this regulation includes methods and provisions for:
(1)
Restricting or prohibiting 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.
(2)
Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction.
(3)
Controlling the alteration of natural floodplains, stream channels and natural protective barriers, which help accommodate or channel floodwaters.
(4)
Controlling filling, grading, dredging and other development which may increase flood damage.
(5)
Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other areas.
E. APPEAL AREA OF SHALLOW FLOODING AREA OF SPECIAL FLOOD HAZARD BASE FLOOD BASE FLOOD ELEVATION (BFE) BASEMENT COST DEVELOPMENT ELEVATED BUILDING EXISTING MANUFACTURED HOME PARK OR SUBDIVISION EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) FINISHED LIVING SPACE FLOOD INSURANCE RATE MAP (FIRM) FLOOD INSURANCE STUDY (FIS) FLOOD or FLOODING FLOODWAY FLOOR FUNCTIONALLY DEPENDENT USE OR FACILITY HISTORIC STRUCTURE(1) (2) (3) (4) LOWEST FLOOR MANUFACTURED HOME MANUFACTURED HOME PARK OR SUBDIVISION MARKET VALUE MEAN SEA LEVEL NEW CONSTRUCTION NEW MANUFACTURED HOME PARK OR SUBDIVISION RECREATIONAL VEHICLE(1) (2) (3) (4) START OF CONSTRUCTION STRUCTURE SUBSTANTIAL DAMAGE SUBSTANTIAL IMPROVEMENT VARIANCE VIOLATION WATER SURFACE ELEVATION
Definitions. Unless specifically defined below, words or phrases used in this section shall be interpreted so as to give them the meanings they have in common usage and to give this section its most reasonable application. As used in this section, the following words shall have the meanings indicated:
A request for a review of the Planning & Zoning Official's interpretation of any provision of this section or a request for a variance.
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.
The land in the floodplain within a community subject to a 1% or greater chance of flooding in any given year.
The flood having a 1% chance of being equaled or exceeded in any given year.
The elevation of the crest of the base flood (100-year flood). The height in relation to mean sea level (NAVD of 1988) expected to be reached by waters of the base flood at pertinent points in the floodplains of coastal and riverine areas.
That portion of a building having its floor sub-grade (below ground level) on all sides.
As related to substantial improvements, the cost of any reconstruction, rehabilitation, addition, alteration, repair or other improvement of a 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.
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 located within the area of special flood hazard.
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 (posts and piers), shear walls or breakaway walls.
A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured home are to be affixed (including, as a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date, April 23, 1984, of the floodplain management ordinance adopted by the community.
The preparation of additional sites by the construction of facilities for servicing the lots on which manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
The federal agency that administers the National Flood Insurance Program (NFIP).
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.
The official map on which the Federal Emergency Management Agency (FEMA) has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.
The official report provided by Federal Emergency Management Agency (FEMA) that includes flood profiles and the water surface elevation of the base flood.
A general and temporary condition of partial or complete inundation of normally dry land areas from:
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.
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.
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.
Any structure that is:
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;
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;
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 if provided that such an area meets the design requirements specified in § 118-5.1K of this regulation.
A structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term also includes recreational vehicles, park trailers, travel trailers and similar transportable structures placed on a site for 180 consecutive days or longer and intended to be improved property.
A parcel or contiguous parcels of land divided into two or more manufactured home lots for rent or sale.
The 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.
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 are referenced.
Structures for which the start of construction commenced on or after April 23, 1984, the effective date of this section.
A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date, April 23, 1984, of the floodplain management regulation adopted by the community.
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 light 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.
For other than new construction or substantial improvements under the Coastal Barrier Resources Act (P.L. 97-348), includes substantial improvement and means the date the building permit was issued, provided that 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 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 a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of the building, whether or not that alteration affects the external dimensions of a building.
A walled and roofed building that is principally above ground, a manufactured home, a gas or liquid storage tank or other man-made facilities or infrastructures.
Damage of any origin sustained by a 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.
Any combination of repairs, reconstruction, alteration or improvements to a structure, taking place over a three-year period, in which the cumulative cost equals or exceeds 50% of the market value of the structure. The market value of the structure should be 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. 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. The term does not, however, include any project for improvement of a structure required to comply with existing health, sanitary or safety code specifications which are solely necessary to assure safe living conditions.
A grant of relief by a community from the terms of the floodplain management regulation that allows construction in a manner otherwise prohibited and where specific enforcement would result in unnecessary hardship.
A failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without required permits, lowest floor elevation documentation, flood-proofing certificates or required floodway encroachment calculations is presumed to be in violation until such time as that documentation is provided.
The height, in relation to North American Vertical Datum (NAVD) of 1988 or other datum, where specified, of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.
F.
General provisions.
(1)
Applicability. This section shall apply to all areas of special flood hazard within the jurisdiction of Bethel, Connecticut.
(2)
Basis for establishing areas of special flood hazard. The areas of special flood hazard identified by the Federal Emergency Management Agency (FEMA) in its Flood Insurance Study (FIS) for Fairfield County, Connecticut, dated June 18, 2010, and accompanying Flood Insurance Rate Maps (FIRM), dated June 18, 2010, and other supporting data applicable to the Town of Bethel, and any subsequent revisions thereto, are adopted by reference and declared to be a part of these Regulations. Since mapping is legally adopted by reference into these Regulations, it must take precedence when more restrictive until such time as a map amendment or map revision is obtained from FEMA. The areas of special flood hazard include any area shown on the FIRM as Zones A and AE, including areas designated as a floodway on a FIRM. Areas of special flood hazard are determined utilizing the base flood elevations (BFE) provided on the flood profiles in the FIS for a community. BFEs provided on a FIRM are only approximate (rounded up or down) and should be verified with the BFEs published in the FIS for a specific location. The Flood Insurance Study is on file at the Town Clerk's office, Bethel, Connecticut.
(3)
Compliance required. No structure or land shall hereafter be constructed, located, extended, converted or altered without full compliance with the terms of this section and other applicable regulations.
(4)
Construal of provisions. This section is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this section and another ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
(6)
Warning and disclaimer of liability. The degree of flood protection required by these Regulations 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. These Regulations 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 section shall not create liability on the part of any officer or employee thereof or the Federal Insurance Administration for any flood damages that result from reliance on these Regulations or any administrative decision lawfully made thereunder.
G.
Administration.
(1)
Zoning permit. A zoning permit shall be obtained before construction or development begins within any area of special flood hazard established in § 118-5.1F(2). An application for a zoning permit shall be made on forms furnished by the Planning & Zoning Official 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)
The elevation, in relation to mean sea level, of the lowest floor, including basement, of all structures.
(b)
The 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 § 118-5.1J(3).
(d)
A description of the extent to which any watercourse will be altered or relocated as a result of proposed development.
(2)
Designation of Flood Plain Manager. The Bethel Planning and Zoning Official is hereby appointed as Flood Plain Manager responsible for administering and implementing these Regulations by granting or denying development permit applications in accordance with its provisions.
(3)
Duties and responsibilities of Planning & Zoning Official. The duties and responsibilities of the Planning & Zoning Official shall include but not be limited to:
(a)
Permit review. The Planning & Zoning Official shall:
[1]
Review all zoning permits to determine that the permit requirements of this section have been satisfied and to determine whether proposed building sites will be reasonably safe from flooding.
[2]
Review all zoning 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]
Review all zoning permits to determine if the proposed development adversely affects the flood-carrying capacity of the areas of special flood hazard. For purposes of these Regulations, "adversely affects" means that the cumulative effects of proposed development which, combined with all other existing and anticipated development, increases the water surface elevation of the base flood more than one foot at any point.
(4)
Use of other base flood data. When base flood elevation data or floodway data has not been provided in accordance with § 118-5.1F(2), Basis for establishing areas of special flood hazard, the Planning & Zoning Official shall obtain, review and reasonably utilize any base flood elevation data available from a federal, state or other source in order to administer § 118-5.1J, Specific standards, residential construction and specific standards, nonresidential construction.
(5)
Information to be obtained and maintained. The Planning & Zoning Official shall:
(a)
Obtain and record the actual elevation, in relation to mean sea level, of the lowest floor, including basement, of all new or substantially improved structures.
(b)
For all new or substantially improved flood-proofed structures:
[1]
Verify and record the actual elevation, in relation to mean sea level;
[2]
Maintain the flood-proofing certifications required in § 118-5.1G(1)(c); and
[3]
Maintain for public inspection all records pertaining to the provisions of these Regulations.
(6)
Alteration of watercourses. The Planning & Zoning Official shall:
(a)
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 Emergency Management Agency.
(b)
Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished.
(7)
Interpretation of FIRM boundaries. The Planning & Zoning Official shall make interpretations, where needed, as to the exact location of the boundaries of the areas of special flood hazard, 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 in § 118-5.1H.
H.
Variance procedures.
(1)
Establishment of variance procedures.
(a)
The Planning & Zoning Commission, as established by the Town of Bethel, shall hear and decide appeals and requests for variances from the requirements of section.
(b)
The Planning & Zoning Commission shall hear and decide appeals when it is alleged there is an error in any requirement, decision or determination made by the Planning & Zoning Official in the enforcement or administration of this section.
(c)
Any person aggrieved by the decision of the Planning & Zoning Commission or any person owning land which abuts or is within a radius of 100 feet of the land in question may appeal within 15 days after such decision to the Connecticut Superior Court of Danbury, as provided in Section 8-8 of the General Statutes of Connecticut.
(d)
The (local administrator) shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency (FEMA)
(2)
Specific situation variances.
(a)
Buildings on a historic register. Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places. The State Inventory of Historic Places, or any locally adopted historic district without regard to the procedures set forth in the remainder of this section and provided the proposed reconstruction, rehabilitation or restoration will not result in the structure losing its historical designation.
(b)
Functionally dependant use or facility. Variances may be issued for new construction and substantial improvements and other development necessary for the conduct of a functionally dependant use or facility provided the structure or other development is protected by methods that minimize flood damage, creates no additional threat to public safety and meets all the requirements of § 118-5.1I.
(c)
Floodway prohibition. Variances shall not be issued within any designated floodway if any increase in the flood levels during the base flood discharge would result.
(3)
Considerations for granting of variances. In passing upon such applications, the (local appeal board) shall consider all technical evaluations, all relevant factors, all standards specified in other sections of the (ordinance/regulation) and the items listed below:
(a)
Upon consideration of these factors and the purposes of this (ordinance/regulation), the (local appeal board) may attach such conditions to the granting of variances as it deems necessary to further the purposes of this (ordinance/regulation).
(b)
The danger that materials may be swept onto other lands to the injury of others;
(c)
The danger to life and property due to flooding or erosion damage;
(d)
The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
(e)
The importance of the services provided by the proposed facility to the community;
(f)
The necessity of the facility to waterfront location, in the case of a functionally dependent facility;
(g)
The availability of alternative locations not subject to flooding or erosion damage for the proposed use;
(h)
The compatibility of the proposed use with existing and anticipated development;
(i)
The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;
(j)
The safety access to the property in times of flood for ordinary and emergency vehicles;
(k)
The expected heights, velocity, duration, rate and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and
(l)
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.
(4)
Conditions for variances.
(a)
Variances shall only be used upon a determination that the variance is the minimum necessary to afford relief considering the flood hazard; and in the instance of a historical building, a determination that the variance is the minimum necessary as not to destroy the historic character and design of the building and result in the loss of historic designation of the building. Variances pertain to a piece of property and are not personal in nature. A properly issued variance is granted for a parcel of property with physical characteristics so unusual that complying with the regulations would create an exceptional hardship to the applicant or the surrounding property owners. These characteristics must be unique to that property and not be shared by adjacent parcels. For example, economic or financial hardship is not sufficient cause for a variance, nor are inconvenience, aesthetic considerations, physical handicaps, personal preferences or disapproval of one's neighbors.
(b)
Variances shall only be used upon: (i) a showing of good and sufficient cause; (ii) a determination that failure to grant the variance would result in exceptional hardship; and (iii) a determination that the granting of the variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisance, damage the rights of property values of other persons in the area, cause fraud on or victimization of the public, or conflict with existing local laws, ordinances or regulations. Only hardships that are based on unusual characteristics of the property in question, characteristics that are not shared by adjacent parcels, shall qualify to meet item (ii) above. Claims of hardship based on the structure, on economic gain or loss, or on personal or self-centered circumstances are not sufficient cause for the granting of a variance.
(c)
No variance may be issued within a regulatory floodway that will result in any increase in the 100-year flood levels. A variance may be issued for new construction, substantial improvements and other development necessary for the conduct of a "functionally dependant use" provided that there is good sufficient cause for providing relief; and the variance does not cause a rise in the 100-year flood level within a regulatory floodway. The structure and other development must be protected by methods that minimize flood damages.
(d)
Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with the lowest floor elevation below the base flood elevation (BFE), and that the cost of flood insurance will be commensurate with the increased risk resulting from the lowest floor elevation.
I.
General standards. In all areas of special flood hazard, the following standards are required:
(1)
Anchoring. All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.
(2)
Construction materials and methods.
(3)
Utilities.
(a)
All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.
(b)
New and replacement sanitary sewage or septic systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into the floodwaters.
(c)
On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
(d)
Electrical, heating, ventilation, plumbing and air-conditioning equipment and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.
(4)
Subdivision proposals.
(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 septic, gas, electrical and water systems located and constructed to minimize flood damage.
(c)
All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage.
(d)
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.
(5)
Equal conveyance. 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.
(6)
Compensatory storage. The water holding capacity of the floodplain, except those areas which 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 flood water at each elevation, up to and including the 100-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.
(7)
Aboveground storage tanks. Above-ground 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 flood water.
(8)
Portion of structure in flood zone. 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 standards of the most restrictive zone.
(9)
Structures in two flood zones. 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 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 zone will require the entire structure to meet the requirements of the more restrictive zone.
(10)
No structures entirely or partially over water. New construction, substantial improvements and repair to structures that have sustained substantial damage cannot be constructed or located entirely or partially over water unless it is a functionally dependent use or facility.
J.
Specific standards. In all areas of special flood hazard where base flood elevation data has been provided as set forth in § 118-5.1F(2), Basis for establishing areas of special flood hazard, or § 118-5.1G(4), Use of other base flood data, the following provisions are required:
(1)
Residential construction. New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to or above the base flood elevation.
(2)
Manufactured homes.
(a)
All manufactured homes, including recreational vehicles placed on a site for 180 consecutive days or longer, to be placed or substantially improved in Zones A and AE shall be elevated so that the lowest floor is above the base flood elevation. This includes manufactured homes located outside a manufactured home park or subdivision, in a new manufactured home park or subdivision, in an existing manufactured home park or subdivision, in an expansion to an existing manufactured home park or subdivision, or on a site in an existing park which a manufactured home has incurred substantial damage as a result of a flood.
(b)
It shall 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.
(c)
Recreational vehicles placed on a site for more than 180 days or longer must meet the elevation and anchoring requirements listed above. Recreational vehicles on site for fewer than 180 consecutive days must be fully licensed and ready for highway use. 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.
(3)
Nonresidential construction. New construction and substantial improvements 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:
(4)
Fully enclosed areas below the base flood elevation. All new construction and substantial improvements, whether residential or non-residential, that include fully enclosed areas formed by a foundation and other exterior walls below the base flood elevation (BFE) of an elevated building shall be designed to preclude finished living space and be designed to allow for the entry and exit of flood waters to automatically equalize hydrostatic flood forces on exterior walls (wet flood-proofing). Designs for complying with this requirement must either be certified by a registered professional engineer or architect, or meet the following minimum criteria listed in Subsections J(4)(a) through (g) below:
(a)
Provide a minimum of two openings (hydraulic flood vents) having a total net area of not less than one square inch for every one square foot of enclosed area subject to flooding. These hydraulic openings must be located on at least two different walls. Only the area (square footage) that lies below the BFE can be used in the calculation of net area of vents required. If the structure has more than one enclosed area, openings must be installed in the exterior walls of each enclosed area so that flood waters can enter directly from the outside;
(b)
The bottom of all openings shall be no higher than one foot above the finished grade adjacent to the outside of the foundation wall. At least one entire side of the structure's fully enclosed area must be at or above grade. Fill placed around the foundation walls must be graded so that the elevation inside the enclosed area is equal to or higher than the adjacent outside elevation on at least one side of the building. The finished floor of the enclosed area shall be no lower than the bottom of the foundation openings. The foundation slab of a residential structure, including the slab of a crawlspace, must be set equal to the outside finished grade on at least one side of the building;
(c)
The openings may be equipped with screens, louvers, valves or other coverings or devices provided they permit the automatic entry and exit of flood waters in both directions without any external influence or control such as human intervention, including the use of electrical and other non-automatic mechanical means. These coverings must not block or impede the automatic flow of floodwaters into and out of the enclosed area. Other coverings may be designed and certified by a registered professional engineer or approved by the Planning & Zoning Official;
(d)
The area cannot be used as finished living space. Use of the enclosed area shall be the minimum necessary and shall only be used for the parking of vehicles, building access or limited storage. Access to the enclosed area shall be the minimum necessary to allow for the parking of vehicles (garage door) or limited storage of maintenance equipment used in connection with the premises (standard exterior door) or entry to the living area (stairway or elevator). The enclosed area shall not be used for human habitation or partitioned into separate rooms;
(e)
All interior walls, floor, and ceiling materials located below the BFE shall be unfinished and resistant to flood damage;
(f)
Electrical, plumbing, HVAC ductwork, machinery or other utility equipment and connections that service the structure (including, but not limited to, furnaces, oil or propane tanks, air conditioners, heat pumps, hot water heaters, ventilation, washer and dryer hook-ups, electrical junction boxes, circuit breaker boxes and food freezers) are prohibited in the fully enclosed area below the BFE. Utilities or service equipment located in this enclosed area, even if elevated above the BFE in the space, will subject the structure to increased flood insurance rates;
(g)
A residential building with a structurally attached garage having the floor slab below the BFE is considered an enclosed area below the BFE and must meet the standards of § 118-5.1J(4)(a) through (g). A garage attached to a residential structure, constructed with the garage floor slab below the BFE, must be designed to allow for the automatic entry and exit of floodwaters in both directions. Flood openings or vents are required in the exterior walls of the garage or in the garage doors. Garage doors that must be manually opened do not meet the flood vent opening requirements in § 118-5.1J(4)(a) through (c). In addition to the automatic entry of floodwaters, the areas of the garage below BFE must be constructed with flood resistant materials. Garages attached to non-residential structures must also meet the aforementioned requirements or be dry floodproofed as per the requirements of § 118-5.1.J(3).
K.
Floodways. Located within areas of special flood hazard established in § 118-5.1F(2) or § 118-5.1G(4), are areas designated as floodways. 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 development, shall be prohibited unless certification, with supporting technical data, by a registered professional engineer is provided demonstrating, through hydrologic and hydraulic analyses performed in accordance with standard engineering practice, which encroachments shall not result in any (0.00 feet) increase in flood levels during the occurrence of the base flood discharge.
(3)
Should floodway data be obtained for an unnumbered A Zone, a floodway capable of conveying the base flood without increasing the water surface elevation more than one foot at any point shall be designated.
(4)
When utilizing data other than that provided by the Federal Emergency Management Agency, the following standard applies: select and adopt a regulatory floodway based on the principle that the area chosen for the regulatory floodway must be designed to carry the waters of the base flood without increasing the water surface elevation of that flood more than one foot at any one point.
