[Amended 8-19-2008]
This regulation shall apply to the Floodplain District within
the jurisdiction of the Town of Killingworth. The Floodplain District
is identified by the Federal Emergency Management Agency as areas
of special flood hazard in its Flood Insurance Study and Flood Insurance
Rate Map with accompanying floodway maps, dated August 28, 2008, or
any revision thereto. These documents are adopted by reference and
declared to be part of this regulation. This regulation was adopted
effective March 15, 1982, as may be from time to time amended.
The Legislature of the State of Connecticut has, in Title 7,
Chapter 98, § 7-148(c)(7)(A), and in Title 8, Chapter 124,
§ 8-2, of the General Statutes, 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 Planning and Zoning Commission (the "Commission") of the Town
of Killingworth, Connecticut, does ordain as follows.
A.
The flood hazard areas of the Town of Killingworth are subject to
periodic flood inundation which results in the 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 the floodplains, causing increases in flood heights and velocities,
and by the occupancy in flood hazard 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.
C.
The Town of Killingworth has voluntarily participated in the National
Flood Insurance Program (NFIP) since March 15, 1982. 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 flood insurance only if the community
enacts and enforces the minimum floodplain regulations required for
participation in the NFIP.
It is the purpose of this regulation to regulate floodplain
development, promote public health, safety, and general welfare, and
minimize public and private losses due to flood conditions in specific
areas by provisions designed:
A.
To protect human life and health, and prevent damage to property;
B.
To minimize expenditure of public funds 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 and other economic disruptions;
E.
To minimize damage to public facilities, infrastructure and utilities,
such as water and gas mains, electric, telephone and sewer lines,
and streets and bridges, located in the floodplain;
F.
To help maintain a stable tax base by providing for the sound use
and development of flood hazard areas in such a manner as to minimize
flood damage and flood blight areas;
G.
To ensure that potential buyers are notified that property is in
a flood hazard area;
H.
To prevent increase in flood heights that could increase flood damage
and result in conflicts between property owners;
I.
To ensure that those who occupy the flood hazard areas assume responsibility
for their actions; and
J.
To discourage development in a floodplain if there is any practicable
alternative to locate the activity, use or structure outside of the
floodplain.
A.
Areas to which this regulation applies. This regulation shall apply
to all special flood hazard areas (SFHA) within the Town of Killingworth.
B.
Basis for establishing the special flood hazard areas (SFHA).
(1)
The special flood hazard areas (SFHA) identified by the Federal Emergency
Management Agency (FEMA) in its Flood Insurance Study (FIS) for the
Town of Killingworth, dated August 28, 2008, and accompanying Flood
Insurance Rate Maps (FIRM) and/or Flood Boundary and Floodway Maps
(FBFM), dated August 28, 2008, and other supporting data, and any
subsequent revisions thereto, are adopted by reference and declared
to be a part of this regulation. Since mapping is legally adopted
by reference into this regulation, it must take precedence when more
restrictive until such time as a map amendment or map revision is
obtained from FEMA.
(2)
The SFHA includes any area shown on the FIRM as Zones A, A1-30, AE,
AO, and AH, including areas designated as a floodway on a FIRM or
FBFM. SFHAs are determined utilizing the base flood elevations (BFE)
provided on the flood profiles in the Flood Insurance Study (FIS)
for a community. BFEs provided on the Flood Insurance Rate Map (FIRM)
are only approximate (rounded up or down) and should be verified with
the BFEs published in the FIS for a specific location. Also included
are areas of potential, demonstrable or historical flooding, including
any area contiguous with but outside the SFHA identified by FEMA,
and where the land surface elevation is lower than the base flood
elevation (BFE) as shown in the FIS, and the area is not protected
from flooding by a natural or man-made feature. The FIRM, FBFM and
FIS are on file in the Town Office Building, Killingworth, Connecticut.
C.
Structures already in compliance. A structure or development already
in compliance with this regulation shall not be made noncompliant
by any alteration, modification, repair, reconstruction or improvement
and must also comply with other applicable local, state, and federal
regulations. No structure or land shall hereafter be located, extended,
converted, modified or structurally altered without full compliance
with the terms of this regulation and other applicable regulations.
D.
Abrogation and greater restrictions. This regulation 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.
F.
Warning and disclaimer of liability. The degree of flood protection
required by this regulation is considered the minimum reasonable for
regulatory purposes and is based on scientific and engineering consideration
and research. 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 or guarantee that land outside the special
flood hazard area or uses permitted in such areas will be free from
flooding and flood damages. This regulation shall not create liability
on the part of the Town of Killingworth or by any officer or employee
thereof for any flood damages that result from reliance on this regulation
or any administrative decision lawfully made thereunder. The Town
of Killingworth, its officers and employees shall assume no liability
for another person's reliance on any maps, data or information provided
by the Town of Killingworth.
G.
Severability. If any section, subsection, paragraph, sentence, clause,
or phrase of this regulation should be declared invalid for any reason
whatsoever, such decision shall not affect the remaining portions
of this regulation, which shall remain in full force and effect; and
to this end the provisions of this regulation are hereby declared
to be severable.
No man-made change to or improvement in any improved or unimproved
land, including, but not limited to, buildings or other structures,
and no mining, dredging, filling, grading, paving or excavation operations
shall be made within a Floodplain District except when specifically
authorized in the particular instance by a flood hazard area permit
granted by the Commission in conformity with the provisions of this
article.
An application for a flood hazard area permit hereunder may
be made by:
A.
Owner: the owner, or all of the joint owners, of the premises to
which such application relates;
B.
Purchaser: the purchaser, or all of the purchasers, under a written
contract to purchase the premises, provided that the written consent
to the grant of such flood hazard area permit of the owner, or all
the joint owners, of the premises accompanies the application; or
C.
Lessee: the owner, or all the joint owners, of a leasehold interest
in the premises under a written lease, provided that the written consent
to the grant of such flood hazard area permit of the owner, or all
the joint owners, of the premises accompanies the application.
A complete application for a floodplain (flood hazard) permit
shall consist of the application form and filing fee prescribed by
the Commission, and all documents and statements are required to accompany
the form. Seven copies of the complete application shall be delivered
to the Zoning Enforcement Officer for transmittal to the Commission
at its next regularly scheduled meeting. The date of receipt of such
application shall be deemed to be the earlier of: (a) the date of
such next regularly scheduled meeting, or (b) the 35th day following
the date it was delivered to the Zoning Enforcement Officer.
The Planning and Zoning Commission is hereby appointed to administer,
implement, and enforce the provisions of this regulation.
Where required under this regulation, a Connecticut registered
professional engineer or architect shall certify that the design and
methods of construction are in accordance with accepted standards
of practice for meeting the provisions of this regulation. Such certification
must be provided to the Commission and a signature area included on
the plans.
A floodplain development permit shall be required in conformance
with the provisions of this regulation prior to the commencement of
any development activities. Permits issued under this regulation shall
expire if actual construction of a permitted structure does not commence
within 180 days of the permit approval date.
A floodplain permit is hereby established for all construction
and other development to be undertaken in special flood hazard areas
in this community. Prior to any development activities, application
for a floodplain permit shall be made to the Commission on forms provided
and may include, but not be limited to, plans in duplicate drawn to
scale showing, at a minimum, the property lines and location of the
parcel; the nature, location, dimensions, and elevations of the area
in question; limit and extent of the one-hundred-year floodplain and/or
floodway boundary and base flood elevation(s); existing and proposed
structures, fill, storage of materials, drainage facilities and the
location of the foregoing.
The following information is required to be submitted to the
Commission:
A.
Application stage. Each application form shall contain or be accompanied
by, in writing: (1) plans drawn to scale showing the nature, location,
dimensions and elevations of the area in question; (2) existing or
proposed structures, fill, storage materials and drainage facilities;
and (3) the location of the foregoing. Said plans shall include or
be accompanied by the following:
(1)
Base flood elevation (BFE) for the site in question as determined
in the FEMA Flood Insurance Study (FIS) or Flood Insurance Rate Map
(FIRM). The FIS flood profiles provide more accurate BFE data than
the FIRM. The extent of the one-hundred-year floodplain and floodway
must be depicted with a boundary line on any site plans and shown
in relation to existing and proposed structures or development. BFE
data must be provided for all proposed development, including manufactured
home parks and subdivisions.
(2)
Elevation in relation to mean sea level of the proposed lowest
floor, including basement, of all new construction, substantial improvements
or repairs to structures that have sustained substantial damage.
(3)
Elevation in relation to mean sea level to which any nonresidential
new construction, substantial improvements or repair to structures
that have sustained substantial damage will be dry floodproofed.
(4)
Description of the extent to which any watercourse will be altered
or relocated as a result of the proposed development. Computations
by a licensed professional engineer must be submitted that demonstrate
that the altered or relocated segment will provide equal or greater
conveyance than the original stream segment. The applicant must submit
any maps, computations or other materials required by the Federal
Emergency Management Agency (FEMA) in order to officially amend or
revise the Flood Insurance Rate Map. The applicant must pay any fees
or other costs assessed by FEMA for this purpose. The applicant must
also provide assurances that the conveyance capacity of the altered
or relocated stream segment will be maintained.
(5)
A statement and supporting documentation (all costs of project,
market value of structure, etc.) verifying that the proposed alterations
to an existing structure meets or does not meet the criteria of the
"substantial improvement" and/or "substantial damage" definition.
If a development meets the definition of "substantial improvement"
and/or "substantial damage," the structure must be brought into compliance
with all floodplain regulations as if it was new construction.
(6)
Where applicable, the following certifications by a Connecticut registered engineer or architect are required, and must be provided to the Commission. The design and methods of construction must be certified to be in accordance with accepted standards of practice and with the provisions of § 500-93.3B.
(a)
Nonresidential floodproofing must meet the provisions of § 500-93.3B(1)(b).
(b)
Fully enclosed areas below the base flood elevation (BFE) must meet the minimum design criteria in § 500-93.3B(1)(c).
(c)
No increase in floodway water surface elevations is allowed. Any development in a floodway must meet the provisions of § 500-93.3B(3).
B.
Construction stage. Upon completion of the applicable portion of
construction, the applicant shall provide verification to the Commission
of the following as is applicable:
(1)
Lowest floor elevation shall be verified for:
(a)
A structure in Zone A, AE, A1-30, AO or AH which is the top
of the lowest floor (including basement).
(b)
A nonresidential structure which has been dry floodproofed,
which is the elevation to which the floodproofing is effective (Note:
For insurance purposes, a dry floodproofed, nonresidential structure
is rated based on the elevation of its lowest floor unless it is floodproofed
to one foot above the BFE.).
(2)
Deficiencies detected by the review of the above listed shall
be corrected by the permit holder immediately and prior to further
progressive work being permitted to proceed. Failure to submit the
survey or failure to make said corrections required hereby shall be
cause to issue a stop-work order for the project.
C.
Permits: all necessary permits from those federal, state or Town
governmental agencies from which prior approval is required, but not
including a zoning permit or any special exception necessary to authorize
the improvement for which application is made hereunder.
The following terms and words are used in conjunction with the
Floodplain District and shall have the meaning hereinafter assigned
to them:
The flood having a one-percent chance of being equaled or
exceeded in any given year.
The particular elevation of the base flood as specified on
the Flood Insurance Rate Map for Zones A, AO, AH, A1-30, A99.
Any area of the building having its floor subgrade (below
ground level) on all sides.
See definition for "structure."
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, buildings or other structures, dredging,
filling, grading, paving, excavation or drilling operations.
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 of
the floodplain management regulations adopted by a community.
The preparation of additional sites by the construction of
facilities for servicing the lots on which the manufacturing 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).
Fully enclosed areas below the base flood elevation (BFE)
that are not considered a basement cannot have finished living space
and need to be designed to be exposed to flood forces. These spaces
can only be used for parking, building access or limited storage.
Finished living space can include, but is not limited to, a space
that is heated and/or cooled, contains finished floors (tile, linoleum,
hardwood, etc.), has sheetrock walls that may or may not be painted
or wallpapered, and has other amenities such as furniture, appliances,
bathrooms, fireplaces and other items that are easily damaged by floodwaters
and are expensive to clean, repair or replace.
The official map of a community on which the Federal Emergency
Management Agency (FEMA) has delineated both the special flood hazard
areas (one-hundred-year floodplain) and the insurance risk-premium
zones applicable to a community. FIRMs published after January 1990
may also show the limits of the regulatory floodway.
The official study of a community in which the Federal Emergency
Management Agency (FEMA) has conducted a technical engineering evaluation
and determination of local flood hazards, flood profiles and water
surface elevations. The Flood Insurance Rate Maps (FIRM), which accompany
the FIS, provide both flood insurance rate zones and base flood elevations,
and may provide the regulatory floodway limits.
A general and temporary condition of partial or complete
inundation of normally dry land areas from (a) the overflow of inland
or tidal waters and/or (b) the unusual and rapid accumulation of runoff
of surface waters from any source.
Any combination of structural and nonstructural additions,
changes or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
The channel of a river or other watercourse and the adjacent
land area that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
1.0 foot anywhere in the Town. For the purposes of these regulations,
the term "regulatory floodway" is synonymous in meaning with the term
"floodway."
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 public water supply structures or facilities (such as
a dam, intake, gatehouse, diversion), 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.
[Amended 12-16-2008]
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
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, provided that such
enclosure is not built so as to render the structure in violation
of the applicable nonelevation design requirements of these regulations.
A structure, transportable in one or more sections, which
is built on a permanent chassis and is designed for use with or without
a permanent foundation when connected to the required utilities. The
term also includes park trailers, travel trailers, recreational vehicles,
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.
Market value of the structure shall be determined by the
property's tax assessment, minus land value.
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.
Structures for which the start of construction commenced
on or after March 15, 1982, the effective date of the floodplain management
regulations, and includes any subsequent improvements to such structures.
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 on or after the effective date,
March 15, 1982, of the floodplain management regulation adopted by
the community.
A vehicle which is:
Built on a single chassis;
Four hundred square feet or less when measured at the largest
horizontal projection;
Designed to be self-propelled or permanently towable by a light-duty
truck; and
Designed primarily not for use as a permanent dwelling but as
a temporary living quarters for recreational, camping, travel, or
seasonal use.
All areas of the Floodplain District and which are subject
to a one-percent or greater chance of flooding in any given year.
The start of construction includes substantial improvement,
and means the date the building permit was issued, provided the actual
start of construction, repair or reconstruction, or improvement was
within 180 days of the permit date. The "actual start" means the first
placement of permanent construction on a site, such as the pouring
of slabs or footings, the installation of piles, the construction
of columns, 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 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.
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.
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, rehabilitation,
alterations, additions or other improvements to a structure, taking
place during a ten-year period, in which the cumulative cost equals
or exceeds 50% of the market value of the structure as determined
at the beginning of such ten-year period. This term includes structures
that have incurred substantial damage, regardless of the actual repair
work performed. For 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 either: (1) any project for improvement
of a structure to correct existing violations of state or local health,
sanitary, or safety code specifications which have been identified
by the local code enforcement official and which are the minimum necessary
to assure safe living conditions; or (2) any alteration of an historic
structure, provided that the alteration will not preclude the structure's
continued designation as an historic structure.
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.
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, floodproofing 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 the North American Vertical Datum
(NGVD) of 1988 (or other datum, where specified), of floods of various
magnitudes and frequencies in the floodplains of coastal or riverine
areas.
A.
General standards. In all special flood hazard areas (SFHAs) the
following provisions are required:
(1)
New construction, substantial improvements, and structures that
have sustained substantial damage shall be constructed using methods
and practices that minimize flood damage.
(2)
New construction, substantial improvements, and structures that
have sustained substantial damage shall be constructed with materials
and utility equipment resistant to flood damage.
(3)
New construction, substantial improvements, and repairs to structures
that have sustained substantial damage shall be anchored to prevent
flotation, collapse or lateral movement of the structure resulting
from hydrodynamic and hydrostatic loads, including the effects of
buoyancy.
(4)
New construction, substantial improvements and repair to structures
that have sustained substantial damage cannot be constructed or located
entirely or partially over water unless they are a functionally dependent
use or facility.
(5)
Electrical, heating, ventilation, plumbing, air-conditioning
equipment, HVAC ductwork, and other service facilities, or any machinery
or utility equipment or connections servicing a structure shall be
elevated to or above the base flood elevation (BFE) to prevent water
from entering or accumulating within the components during conditions
of flooding. This includes, but is not limited to, furnaces, oil or
propane tanks, air conditioners, heat pumps, hot water heaters, ventilation
ductwork, washer and dryer hook-ups, electrical junction boxes, and
circuit breaker boxes.
(6)
New and replacement water supply systems shall be designed to
minimize or eliminate infiltration of floodwaters into the system.
(7)
New and replacement sanitary sewage systems shall be designed
to minimize or eliminate infiltration of floodwaters into the system
and discharges from the system into floodwaters.
(8)
On-site waste disposal systems shall be located and constructed
to avoid impairment to them or contamination from them during flooding.
(9)
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.
(10)
In any portion of a watercourse that is altered or relocated,
the flood-carrying capacity must be maintained. Notify adjacent communities
and the Connecticut Department of Environmental Protection (DEP),
Inland Water Resources Division, prior to any alteration or relocation
of a watercourse.
(11)
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.
(12)
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.)
(13)
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 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.
(14)
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 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.
B.
Specific standards.
(1)
Construction standards in special flood hazard areas (SFHA),
Zones A, A1-30, AE.
(a)
Residential construction. All new construction, substantial
improvements, and repair to structures that have sustained substantial
damage which are residential structures shall have the bottom of the
lowest floor, including basement, elevated to or above the base flood
elevation (BFE). Electrical, plumbing, machinery or other utility
equipment that services the structure must be elevated to or above
the BFE.
(b)
Nonresidential construction. All new construction, substantial
improvements, and repair to structures that have sustained substantial
damage which are commercial, industrial or nonresidential structures
shall:
[1]
Have the bottom of the lowest floor, including
basement, elevated to or above the base flood elevation (BFE); or
[2]
In lieu of being elevated, nonresidential structures
may be dry floodproofed to one foot above the BFE, provided that together
with all attendant utilities and sanitary facilities the areas of
the structure below the required elevation are watertight with walls
substantially impermeable to the passage of water, and provided that
such structures are composed of structural components having the capability
of resisting hydrostatic and hydrodynamic loads and the effects of
buoyancy. A Connecticut 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 this section. Such certification shall
be provided to the Commission on the FEMA Floodproofing Certificate,
Form 81-65.
[3]
Electrical, plumbing, machinery or other utility
equipment that services the structure must be elevated to or above
the BFE.
(c)
Fully enclosed areas below the base flood elevation of elevated buildings. All new construction, substantial improvements, or repair of substantial damage to residential or nonresidential structures 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 floodwaters to automatically equalize hydrostatic flood forces on exterior walls (wet floodproofing). Designs for complying with this requirement must either be certified by a Connecticut registered professional engineer or architect, or meet the following minimum criteria listed in Subsection B(1)(c)[1] through [7] below:
[1]
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 floodwaters can enter
directly from the outside.
[2]
The bottom of all openings shall be no higher than
one foot above grade. At least one 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 crawl space, must be set equal to the outside finished grade on
at least one side of the building.
[3]
The openings may be equipped with screens, louvers,
valves or other coverings or devices, provided they permit the automatic
entry and exit of floodwaters in both directions without any external
influence or control such as human intervention, including the use
of electrical and other nonautomatic mechanical means. Other coverings
may be designed and certified by an engineer or approved by the Commission.
[4]
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.
[5]
All interior walls, floor, and ceiling materials
located below the BFE shall be unfinished and resistant to flood damage.
[6]
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, washers,
dryers, 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.
[7]
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 Subsection B(1)(c)[1] through [6]. 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. The human intervention necessary to open garage doors when flooding occurs is not an acceptable means of meeting the openings requirements. 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 nonresidential structures must also meet the aforementioned requirements or be dry floodproofed as per the requirements of Subsection B(1)(b).
(2)
Manufactured (mobile) homes and recreational vehicles (RVs).
(a)
In all special flood hazard areas (SFHA), any manufactured (mobile) homes to be newly placed, undergoing a substantial improvement or repaired as a result of substantial damage shall be elevated so that the bottom of the lowest floor is at or above the base flood elevation (BFE). The manufactured home must also meet all the construction standards per Subsection B(1). This includes SFHAs outside a manufactured home park or subdivision, in a new manufactured home park or subdivision, in an expansion to an existing manufactured home park or subdivision, or on a site in an existing park in which a manufactured home has incurred substantial damage as a result of a flood.
(b)
All manufactured (mobile) homes within a SFHA 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 pressures. Anchoring may include,
but not be limited to, the use of over-the-top or frame ties to ground
anchors.
(c)
All manufactured (mobile) homes within a SFHA shall be installed
using methods and practices which minimize flood damage. Adequate
access and drainage should be provided. Elevation construction standards
include piling foundations placed no more than 10 feet apart, and
reinforcement is provided for piers more than six feet above ground
level.
(d)
Recreational vehicles placed on sites within a SFHA shall either (i) be on the site for fewer than 180 consecutive days, and (ii) be fully licensed and ready for highway use, or (iii) meet all the conditions of Subsection A and the elevation and anchoring requirement of Subsection B(2)(a), (b) and (c). 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)
Floodways. Located within special flood hazard areas (SFHA) are areas designated as floodways on the community's Flood Insurance Rate Maps (FIRM) or Flood Boundary and Floodway Maps (FBFM). The following additional standards are applicable to development within designated floodways or as may have been determined in Subsection B:
(a)
Encroachment. There shall be no encroachments, including fill,
new construction, substantial improvements, and other development
unless certification by a registered professional engineer is provided,
demonstrating that the encroachment will not result in any increase
in flood levels during the occurrence of a base flood discharge.
(4)
Standards for development in areas of shallow flooding (Zones
AO and AH). Located within the special flood hazard areas (SFHA) are
areas designated as shallow flooding areas (AO and AH Zones). These
areas have flood hazards associated with base flood depths of one
foot to three feet where a clearly defined channel does not exist
and where the path of flooding is unpredictable and indeterminate.
In AO and AH Zones, the following provisions apply:
(a)
For residential structures, all new construction, substantial
improvements and repair to structures that have sustained substantial
damage shall have the lowest floor, including basement, elevated to
the depth number specified on the Flood Insurance Rate Map (FIRM),
in feet, above the highest adjacent grade. If no depth number is specified,
the lowest floor, including basement, shall be elevated, at least
two feet above the highest adjacent grade.
(b)
For nonresidential structures, all new construction, substantial
improvements and repair to structures that have sustained substantial
damage shall:
[1]
Have the lowest floor, including basement, elevated
to the depth number specified on the Flood Insurance Rate Map (FIRM),
in feet, above the highest adjacent grade. If no depth number is specified,
the lowest floor, including basement, shall be elevated at least two
feet above the highest adjacent grade; or
[2]
Together with attendant utility and sanitary facilities,
be completely floodproofed to or above the depth number, in feet,
specified on the FIRM above the highest adjacent grade, or if no depth
number is specified, at least two feet above the highest adjacent
grade, so that any space below that level is watertight with walls
substantially impermeable to the passage of water and with structural
components having the capability of resisting hydrostatic and hydrodynamic
loads and effects of buoyancy. Designs for complying with this requirement
must be certified by either a Connecticut licensed professional engineer
or architect.
(c)
On-site drainage for all proposed structures in AO and AH Zones
located on slopes shall provide adequate drainage paths to guide floodwaters
around and away from such structures.
If a proposed subdivision, including the placement of a manufactured
home park or subdivision, is located in a special flood hazard area
(SFHA), 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 have adequate drainage provided to
reduce exposure to flood hazards; and
D.
In all special flood hazard areas where base flood elevation (BFE) data is not available, the applicant shall provide a hydrologic and hydraulic engineering analysis performed by a Connecticut licensed professional engineer that generates BFEs for all subdivision proposals and other proposed development, including manufactured home parks and subdivisions. The Commission shall require the applicant to provide BFE data for all subdivision proposals, including manufactured home parks and subdivisions, as per § 500-93.1.
In deciding an application for a flood hazard area permit hereunder,
the Commission shall have the following authority and responsibilities:
A.
Permit application review. The Commission shall:
(1)
Review all flood hazard area permit applications to determine
that the requirements of this regulation have been satisfied;
(2)
Review all such permit applications to assure that all other
necessary permits have been received from those federal, state or
Town governmental agencies from which prior approval is required as
prescribed hereunder; and
(3)
At its discretion require a performance bond in an amount determined
by the Town Engineer securing completion in conformity with the approved
floodplain permit.
B.
Other base flood data. When base flood elevation data or floodway
data have not been provided, then the Commission shall obtain, review
and reasonably utilize any base flood elevation and floodway data
available from a federal, state or other source, in order to administer
the standards of this regulation.
C.
Information to be obtained from applicant and maintained:
(1)
The actual elevation (in relation to mean sea level) of the
lowest floor (including basement) of all new or substantially improved
structures;
(2)
For all new and substantially improved floodproof structures,
the actual elevation (in relation to mean sea level) to which the
structure was floodproofed;
(3)
Evidence that adjacent towns and the Connecticut Department
of Environmental Protection, Water Resources Unit, have been notified
prior to any alterations or relocation of a watercourse;
(4)
Certification that the flood-carrying capacity within the altered
or relocated portion of the watercourse will be maintained; and
(5)
All the records pertaining to the provisions of this regulation
shall be maintained for public inspection.
D.
Interpretations of boundaries. The Commission shall make interpretations
where needed as to the exact location of the boundaries of special
flood hazard areas, such as where there appears to be a conflict between
a mapped boundary and actual field conditions.
E.
Regulatory floodway adoption. When base flood elevation data or floodway data have not been provided in accordance with § 500-93.1, the Commission shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source in order to administer the provisions of § 500-93.3. The Commission shall adopt a regulatory floodway based on the principal that the floodway must be able to convey the waters of the base flood without increasing the water surface elevation more than one foot at any point within the community.
The Commission may, but shall not be required to, hold a public
hearing upon an application for a flood hazard area permit hereunder.
The Commission shall, however, give notice to the applicant of the
time and place of a meeting of the Commission at which such application
shall be considered at least 10 days prior to such meeting, and the
Commission shall afford the applicant the opportunity to be heard
in support of the application. The Commission shall notify the applicant
of the Commission's decision upon such application within a reasonable
time following the Commission's decision. Such notification shall
be in writing and may be a simple statement that such application
was granted, modified and granted, or denied, together with the date
of such action. Whenever the Commission grants or denies an application
for a flood hazard area permit hereunder, the Commission shall publish
notice of the decision in a newspaper having a substantial circulation
in the municipality within 10 days after such decision has been rendered.
Such notice shall be a simple statement that such application was
granted, modified and granted, or denied, together with the date of
such action. Whenever the Commission denies an application for a flood
hazard area permit hereunder, it shall state upon its records the
reason for its decision.
Whenever the change or improvement for which an application
for a flood hazard area permit is required hereunder is permitted
only when a special exception has been granted by the Commission pursuant
to other provisions of these regulations, the applicant shall make
application for both the flood hazard area permit and such special
exception simultaneously, and the Commission shall consolidate said
applications and act upon them together. The Commission shall deny
both applications if the Commission decides to deny one of them. Except
when so consolidated with an application or special exception, the
Commission may, but shall not be required to, hold a public hearing
upon an application for a flood hazard area permit.
A.
Establishment of variance process.
(1)
The Zoning Board of Appeals (ZBA), as established by the Town
of Killingworth, shall hear and decide requests for variances from
the requirements of this regulations.
[Amended 11-1-2016]
(2)
The ZBA shall hear and decide appeals when it is alleged there
is an error in any requirement, decision or determination made by
the Zoning Enforcement Officer in the enforcement or administration
of this regulation.
[Amended 11-1-2016]
(3)
Any person aggrieved by the decision of the ZBA 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 State
Superior Court of Middlesex, as provided in Section 8-8 of the General
Statutes of Connecticut.[1]
[1]
Editor’s Note: Former Subsection A(4), regarding appeal
record maintenance, which immediately followed this subsection, was
repealed 11-1-2016.
B.
Specific situation variance.
(1)
Buildings on an 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.
(2)
Functionally dependent use or facility. Variances may be issued for new construction and substantial improvements and other development necessary for the conduct of a functionally dependent 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 meet all the requirements of § 500-93.3.
(3)
Floodway prohibition. Variances shall not be issued within any
designated floodway if any increase in flood levels during the base
flood discharge would result.
C.
Considerations for granting of variances. In passing upon such applications, the ZBA shall consider all technical evaluations, all relevant factors, all standards specified in other sections of this regulation and the items listed below as Subsection C(1) through (11). Upon consideration of these factors and the purposes of this regulation, the ZBA may attach such conditions to the granting of variances as it deems necessary to further the purposes of this regulation.
(1)
The danger that materials may be swept onto other lands to the
injury of others;
(2)
The danger to life and property due to flooding or erosion damage;
(3)
The susceptibility of the proposed facility and its contents
to flood damage and the effect of such damage on the individual owner;
(4)
The importance of the services provided by the proposed facility
to the community;
(5)
The necessity of the facility to a waterfront location, in the
case of a functionally dependent facility;
(6)
The availability of alternative locations not subject to flooding
or erosion damage for the proposed use;
(7)
The compatibility of the proposed use with existing and anticipated
development;
(8)
The relationship of the proposed use to the comprehensive plan
and floodplain management program for that area;
(9)
The safety access to the property in times of flood for ordinary
and emergency vehicles;
(10)
The expected heights, velocity, duration, rate of rise and sediment
transport of the floodwaters and the effects of wave action, if applicable,
expected at the site; and
(11)
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.
D.
Conditions for variances.
(1)
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 so as not to destroy the historic
character and design of the building and result in the loss of the
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 regulation would create an exceptional
hardship to the applicant or the surrounding property owners. Those
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.
(2)
Conditions for granting variances.
(a)
Variances shall only be used upon:
[1]
A showing of good and sufficient cause;
[2]
A determination that failure to grant the variance
would result in exceptional hardship; and
[3]
A determination that the granting of a variance
will not result in increased flood heights, additional threats to
public safety, extraordinary public expense, create nuisance, damage
the rights or 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.
(b)
Only hardships that are based on unusual or unique physical
characteristics of the property in question, characteristics that
are not shared by adjacent parcels, shall qualify to meet Subsection
C(2)(a)[2] above.
(c)
Claims of hardship based on the structure, on economic gain
or loss, or on personal or self-created circumstances are not sufficient
cause for the granting of a variance.
(3)
No variance may be issued within a regulatory floodway that
will result in any increase in the one-hundred-year flood levels.
A variance may be issued for new construction, substantial improvements
and other development necessary for the conduct of a functionally
dependent use, provided that there is good and sufficient cause for
providing relief; and the variance does not cause a rise in the one-hundred-year
flood level within a regulatory floodway. The structure and other
development must be protected by methods that minimize flood damages.
(4)
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 the elevation,
and that the cost of flood insurance will be commensurate with the
increased risk resulting from the lowest floor elevation.
The provisions of this article are not intended to repeal, abrogate
or impair any easements or other laws, regulations or ordinances,
and whichever imposes the more stringent restrictions shall prevail.
In the interpretation and application of the provisions of this
article, all provisions shall be considered as minimum requirements
and shall be construed so as to preserve and maintain the purpose
and intent hereof.
The degree of flood protection established by this regulation
is considered reasonable for Town-wide regulatory purposes and is
based upon available scientific and engineering studies. Larger floods
may occur on rare occasions, and flood heights may increase as a result
of man-made or natural causes. This regulation does not imply that
land outside of special flood hazard areas will be free from flooding
or flood damages. This regulation shall not create liability on the
part of the Town of Killingworth, any officer or employee thereof,
or the Federal Insurance Administration for any flood damages that
result from reliance upon this regulation or upon any administrative
decision lawfully made hereunder.
A.
Each floodplain permit shall authorize, as a condition of approval,
the Commission or designated agents to make regular inspections of
the subject property. The Commission or designated agents are also
authorized to inspect any property in a special flood hazard area
(SFHA) where it appears that violations of these regulations may be
taking place.
B.
If the Commission finds that any person is undertaking any construction,
substantial improvement, filling, or any other activity or maintaining
a condition which is in violation of these regulations, the Commission
shall:
(1)
Issue a written order by certified mail, return receipt requested,
to the subject property owner, ordering that the activity cease and
ordering the property owner to obtain a floodplain permit prior to
continuing with the activity or, if appropriate, ordering that all
violations and/or obstructions be removed from the special flood hazard
area (SFHA) immediately.
(2)
Notify the Building Official and request that any floodplain
permit(s) in force be revoked or suspended and that a stop-work order
be issued.
C.
The Commission may suspend or revoke a floodplain development permit
if it is found that the applicant has not complied with the terms,
conditions or limitations set forth in the permit or has exceeded
the scope of work as set forth in the application, including application
plans. Prior to revoking any permit, the Commission shall issue notice
to the permittee, personally or by certified mail, return receipt
requested, setting forth the facts or conduct which warrants the intended
action.
D.
Failure to comply with any written order issued under this article shall be considered a violation of these regulations and is subject to the penalties described in § 500-93.13.
E.
In the event violations or obstructions are not promptly removed from the special flood hazard area (SFHA), the Commission may cause such removal and remediation work to be performed utilizing bond money held in escrow pursuant to § 500-93.5A(3) of this regulation, or may direct the Town of Killingworth to cause such work to be done and to place a lien against the property.
F.
Any person subjected to enforcement action pursuant to this regulation may appeal any requirement, decision, or determination of the Commission to the ZBA, in accordance with § 500-93.8 of this regulation. Such person shall provide such information as necessary, including appropriate certifications from a registered professional engineer or architect in order to substantiate the claim that the requirement, decision, or determination of the Commission was in error or unwarranted.
Any violation of the provisions of this regulation or failure
to comply with any of its requirements, including violation of conditions
and safeguards established in connection with grant of variances or
special exceptions, shall constitute a misdemeanor. Any person who
violates this regulation or fails to comply with any of its requirements
shall, upon conviction thereof, be fined a penalty of $250 per day
or imprisoned for not more than 10 days for each day of violation,
or both, and in addition shall pay all costs and reasonable legal
fees involved in the case. Nothing herein contained shall prevent
the Town of Killingworth from taking such lawful action as is necessary
to prevent or remedy any violation.
