[HISTORY: Adopted by the Town Council of the Town of Rocky Hill 4-20-1987 by Ord. No. 146-87; amended in its entirety 7-21-2008 by Ord. No. 244-08. Other amendments noted where applicable.]
Statutory authorization. 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 Town Council of the Town of Rocky Hill, Connecticut, does ordain as follows.
Finding of fact.
The flood hazard areas of the Town of Rocky Hill 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.
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.
The Town of Rocky Hill has voluntarily participated in the National Flood Insurance Program (NFIP) since August 23, 1980. 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.
Statement of purpose. It is the purpose of this chapter 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 to:
Protect human life and health and prevent damage to property;
Minimize expenditure of public funds for costly flood-control projects;
Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
Minimize prolonged business interruptions and other economic disruptions;
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;
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;
Insure that potential buyers are notified that property is in a flood hazard area;
Prevent increase in flood heights that could increase flood damage and result in conflicts between property owners;
Ensure that those who occupy the flood hazard areas assume responsibility for their actions; and
Discourage development in a floodplain if there is any practicable alternative to locate the activity, use or structure outside of the floodplain.
Objectives. In order to accomplish its purposes, this chapter includes objectives, methods and provisions that:
Restrict or prohibit uses which are dangerous to health, safety and property due to flood or erosion hazards or which result in damaging increases in erosion or in flood heights or velocities;
Require that uses vulnerable to floods, including facilities that serve such uses, be protected against flood damage at the time of initial construction;
Control the alteration of natural floodplains, stream channels, and natural protective barriers that are involved in the accommodation of floodwaters;
Control filling, grading, dredging and other development which may increase erosion or flood damage; and
Prevent or regulate the construction of barriers or obstructions which will unnaturally divert floodwaters or which may increase flood hazards to other lands.
Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application.
As used in this chapter, the following terms shall have the meanings indicated:
- A request for a review of the Rocky Hill Planning and Zoning Commission's interpretation of any provision of this chapter or a request for a variance.
- AREA OF SPECIAL FLOOD HAZARD
- The land in the floodplain within a community subject to a one-percent or greater chance of flooding in any given year.
- BASE FLOOD
- The flood having a one-percent chance of being equaled or exceeded in any given year.
- BASE FLOOD ELEVATION (BFE)
- The elevation of the crest of the base flood or one-hundred-year flood. The height in relation to mean sea level expected to be reached by the waters of the base flood at pertinent points in the floodplains of coastal and riverine areas.
- Any area of the building having its floor subgrade (below ground level) on all sides.
- See the 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 components, structural components, 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, mining, dredging, filling, grading, paving, excavation or drilling operations located within the area of special flood hazard.
- EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
- 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, 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.
- EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
- 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).
- FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA)
- The federal agency that administers the National Flood Insurance Program (NFIP).
- FLOOD INSURANCE RATE MAP (FIRM)
- 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.
- FLOOD INSURANCE STUDY
- The official report provided by the Federal Emergency Management Agency (FEMA) that includes flood profiles and the water surface elevation of the base flood.
- FLOOD or FLOODING
- A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters and/or the unusual and rapid accumulation or runoff of surface waters from any source.
- 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., the top of the slab in a concrete slab construction or the top of the wood flooring in a wood frame construction. The term does not include the floor of a garage used solely for parking vehicles.
- A vertical distance above the maximum flood elevation in order not to be overtopped by waters that rise above the flood elevation due to waves or floods in excess of the design flood.
- FUNCTIONALLY DEPENDENT FACILITY
- A facility which cannot be used for its intended purpose unless it is located in close proximity to water, such as a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding, ship repair or seafood processing facilities. The term does not include long-term storage, manufacture, sales or service facilities.
- HIGHEST ADJACENT GRADE (HAG)
- The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
- HISTORIC STRUCTURE
- Any structure that is:
- (1) 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;
- (2) 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;
- (3) 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
- (4) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
- LOWEST FLOOR
- The lowest floor of the lowest enclosed area, including basement. An unfinished or flood-resistant enclosure, usable solely for the parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor.
- MANUFACTURED HOME
- A structure, including recreational vehicles, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term also includes park trailers, travel trailers, recreational vehicles, and other similar vehicles or transportable structures placed on a site for 180 consecutive days or longer and intended to be improved property.
- MANUFACTURED HOME PARK OR SUBDIVISION
- A parcel or contiguous parcels of land divided into two or more manufactured home lots for rent or sale.
- MARKET VALUE
- Market value of the structure shall be determined by an independent appraisal by a professional appraiser.
- MEAN SEA LEVEL (MSL)
- The North American Vertical Datum (NAVD) of 1988 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map (FIRM) are referenced.
- NEW CONSTRUCTION
- Structures for which the start of construction commenced on or after the effective date of this chapter.
- NEW MANUFACTURED HOME PARK OR SUBDIVISION
- 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, August 23, 1980, of the floodplain management ordinance adopted by the community.
- RECREATIONAL VEHICLE
- A vehicle which is:
- (1) Built on a single chassis;
- (2) Four hundred square feet or less when measured at the largest horizontal projection;
- (3) Designed to be self-propelled or permanently towed by a light-duty truck; and
- (4) Designed primarily not for use as a permanent dwelling but as a temporary living quarters for recreational, camping, travel, or seasonal use.
- (1) 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. "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.
- (2) For a substantial improvement, "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 that is principally above ground.
- SUBSTANTIAL DAMAGE
- 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.
- SUBSTANTIAL IMPROVEMENT
- 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 from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter.
- Failure of a structure or other development to be fully compliant with the community's floodplain management ordinance. 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.
- WATER SURFACE ELEVATION
- The height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (or other datum, where specified), of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.
This chapter shall apply to all areas of special flood hazard within the jurisdiction of the Town of Rocky Hill, except land presently zoned as a Floodplain Zoning District as shown on the Rocky Hill Zoning Map.
Editor's Note: The Zoning Map is on file in the office of the Planning and Zoning Commission.
The areas of special flood hazard identified by the Federal Emergency Management Agency (FEMA) in its Flood Insurance Study for the Town of Rocky Hill dated September 26, 2008, with accompanying Flood Insurance Rate Maps dated September 26, 2008, and any subsequent revisions thereto, are adopted by reference and declared to be part of this regulation. Since mapping is legally adopted by reference into the regulation, it must take precedence when more restrictive until such time as a map amendment is obtained. The Flood Insurance Study is on file in the Town Clerk's office, 761 Old Main Street, Rocky Hill, Connecticut.
No structure on land shall hereafter be constructed, located, extended, converted or altered without full compliance with the terms of this chapter and other applicable regulations.
This chapter is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this chapter and another ordinance, easement, covenant or deed restriction conflict or overlap, whichever impose the more stringent restrictions shall prevail.
In the interpretation and application of this chapter, all provisions shall be considered as minimum requirements, liberally construed in favor of the governing body and deemed neither to limit nor repeal any other powers granted under state statutes.
The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This chapter does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the Town of Rocky Hill, any officer or employee thereof or the Federal Insurance Administration for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.
If any section, subsection, paragraph, sentence, clause, or phrase of this chapter should be declared invalid for any reason whatsoever, such decision shall not affect the remaining portions of this chapter, which shall remain in full force and effect, and to this end the provisions of this chapter are hereby declared to be severable.
Where required under this chapter, 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 chapter. Such certification must be provided to the Town Engineer.
A development permit shall be obtained before construction or development begins within any area of special flood hazard established in § 141-4. Application for a development permit shall be made on forms furnished by the Rocky Hill Planning and Zoning Commission and may include, but not be limited to, plans in duplicate drawn to scale showing the nature, location, dimensions and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. Specifically, the following information is required:
The elevation, in relation to mean sea level, of the lowest floor, including basement, of all structures.
The elevation, in relation to mean sea level, to which any structure has been floodproofed.
Certification by a registered professional engineer or architect, that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in § 141-18B.
A description of the extent to which any watercourse will be altered or relocated as a result of the proposed development.
The Rocky Hill Planning and Zoning Commission is hereby appointed to administer and implement this chapter by granting or denying development permit applications in accordance with its provisions.
The duties of the Rocky Hill Planning and Zoning Commission shall include, but not be limited to:
Permit review. The Planning and Zoning Commission shall:
Review all development permits to determine that the permit requirements of this chapter have been satisfied.
Review all development permits to determine that all necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required.
Review all development permits to determine if the proposed development adversely affects the flood-carrying capacity of the area of special flood hazard. For purposes of this chapter, "adversely affects" means that the cumulative effects of the proposed development, when combined with all other existing and anticipated development, increases the water surface elevation of the base flood more than one foot at any point.
Use of other base flood data.
When base flood elevation data has not been provided in accordance with § 141-4, Basis for establishing areas of special flood hazard, the Rocky Hill Planning and Zoning 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 § 141-18.
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 more than one foot at any point.
Information to be obtained and maintained. The Planning and Zoning Commission shall:
Obtain and record the actual elevation, in relation to mean sea level, of the lowest habitable floor, including basement, of all new or substantially improved structures.
Maintain for public inspection all records pertaining to the provisions of this chapter.
Alteration of watercourses. The Planning and Zoning Commission shall:
Notify the Rocky Hill Open Space and Conservation Commission, Adjacent communities, applicable regional planning agencies and the Connecticut Department of Environmental Protection prior to any alteration or relocation of a watercourse and submit evidence of such notification to the Federal Insurance Administration.
Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished.
Interpretation of FIRM boundaries. The Planning and Zoning Commission 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 § 141-15.
The Town Engineer is hereby appointed as the enforcement officer under this chapter. The Town Manager may designate another Town employee to serve as a temporary designated enforcement officer during any period of the Town Engineer's absence, disability or unavailability due to other duties.
It shall be the duty of the enforcement officer, as authorized, to enforce the provisions of this chapter.
The enforcement officer, as authorized, may institute any appropriate action or proceedings necessary to prevent the unlawful violation of this chapter.
The Rocky Hill Zoning Board of Appeals shall hear and decide appeals and requests for variances from the requirements of this chapter.
The Rocky Hill Zoning Board of Appeals shall hear and decide appeals when it is alleged there is an error in any requirement, decision or determination made by the Rocky Hill Planning and Zoning Commission and/or enforcement officer in the enforcement or administration of this chapter.
Those aggrieved by the decision of the Rocky Hill Zoning Board of Appeals may appeal such decision to the Superior Court of the State of Connecticut as provided by state statute.
In passing upon such applications, the Zoning Board of Appeals shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter and:
The danger that materials may be swept onto other lands to the injury of others.
The danger to life and property due to flooding or erosion damage.
The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.
The importance of the services provided by the proposed facility to the community.
The necessity to the facility of a waterfront location, where applicable.
The compatibility of the proposed use with existing and anticipated development.
The relationship of the proposed use to the Comprehensive Plan and floodplain management program for that area.
The safety of access to the property in times of flood for ordinary and emergency vehicles.
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.
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.
Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided that the items in Subsection D(1) through (10) have been fully considered. As the lot size increases beyond the 1/2 acre, the technical justification required for issuing the variance increases.
Upon consideration of the factors of Subsection D and the purposes of this chapter, the Rocky Hill Zoning Board of Appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
The Rocky Hill Planning and Zoning Commission shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request.
Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this section.
Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
Variances shall only be issued upon:
A showing of good and sufficient cause;
A determination that failure to grant the variance would result in exceptional hardship to the applicant; and
A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety or extraordinary public expense, create nuisances, cause fraud on or victimization of the public as identified in § 141-15D, or conflict with existing local laws or ordinances.
Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.
In all areas of special flood hazard, the following standards are required:
Anchoring. All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure.
Construction materials and methods.
All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.
All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.
Electrical, heating, ventilation, plumbing, 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.
All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.
New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into floodwaters.
On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
All subdivision proposals shall be consistent with the need to minimize flood damage. Base flood elevation data for all new subdivision proposals and other proposed developments greater then 50 lots or five acres, whichever is the lesser, is required.
All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.
All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage.
Manufactured homes; recreation vehicles.
All manufactured homes placed or substantially improved within Zones A1-30, AH and AE be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to or above the base elevations to be securely anchored to an adequate foundation system to resist flotation, collapse, and lateral movement, which meet one of the following location criteria:
Outside of 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
In an existing manufactured home park or subdivision on which a manufactured home has incurred substantial damage as a result of a flood.
In addition, recreation vehicles, if allowed, must also conform to this manufactured home requirement.
In all areas of special flood hazard where base flood elevation data has been provided as set forth in § 141-4, Basis for establishing areas of special flood hazard, or § 141-13B, Use of other base flood data, the following provisions are required:
New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to two feet of freeboard or above base flood elevation.
All manufactured homes (except those to be placed in an existing manufactured home park/subdivision where the repair, reconstruction or improvement of the streets, utilities and pads is less than 50% of the value before the repair, reconstruction or improvement has commenced) shall have the lowest floor elevated to or above the base flood level. They shall be placed on a permanent foundation which itself is securely anchored and to which the structure is securely anchored.
Nonresidential construction. New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated to the level of the base flood elevation or, together with attendant utility and sanitary facilities, shall:
Be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water.
Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.
For new construction or substantial improvements: require that fully enclosed areas below the lowest floor that are usable solely for the parking of vehicles, building access, or limited storage in an area other than a basement, and which are subject to flooding, shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following criteria: A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves, or other coverings or devices, provided they permit the automatic entry and exit of floodwaters.
Compensatory storage. The water holding capacity of the floodplain, except those areas that are tidally influenced, shall not be reduced. Any reduction caused by filling, new construction, or substantial improvements involving an increase in footprint to the structure shall be compensated for by deepening and/or widening of the floodplain. Storage shall be provided on site, unless easements have been gained from adjacent property owners; it shall be provided within the same hydraulic reach and a volume not previously used for flood storage; it shall be hydraulically comparable and incrementally equal to the theoretical volume of floodwater at each elevation, up to and including the one-hundred-year flood elevation, which would be displaced by the proposed project. Such compensatory volume shall have an unrestricted hydraulic connection to the same waterway or water body. Compensatory storage can be provided off site if approved by the municipality.
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.
Aboveground oil tanks. 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.
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 the standards of the more restrictive zone.
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.)
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.
Located within areas of special flood hazard established in § 141-4 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 and in areas where floodways have been designated, encroachments shall be prohibited, including fill, new construction, substantial improvements and other developments, unless certification, with supporting technical data, by a registered professional engineer, is provided demonstrating that the encroachments shall not result in any increase in flood levels during occurrence of the base flood discharge. 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.
Any violation of the provisions of this chapter 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 chapter 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 Rocky Hill from taking such lawful action as is necessary to prevent or remedy any violation.