It is the purpose of this chapter to promote
the public health, safety and general welfare and to minimize public
and private losses due to flood conditions in specific areas by provisions
designed to:
A.Â
Restrict or prohibit uses which are dangerous to health,
safety and property due to water or erosion or in flood heights or
velocities.
B.Â
Require that uses vulnerable to floods, including
facilities which serve such uses, be protected against flood damage
at the time of initial construction.
C.Â
Control the alteration of natural floodplains, stream
channels and natural protective barriers which are involved in the
accommodation of floodwaters.
D.Â
Control filling, grading, dredging and other development
which may increase erosion or flood damage.
E.Â
Prevent or regulate the construction of flood barriers
which will unnaturally divert floodwaters or which may increase flood
hazards to other lands.
As used in this chapter, the following terms
shall have the meanings indicated:
A request for a review of the Town Planner's interpretation
or decision on any provision of this chapter.
The land in the floodplain within a community subject to
a one-percent or greater chance of flooding in any given year.
The flood having a one-percent chance of being equaled or
exceeded in any year.
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.
An official map of a community on which the Federal Emergency
Management Agency has delineated the boundaries of the floodway.
A general and temporary condition of partial or complete
inundation of normally dry land areas from:
An official map of a community on which the Federal Insurance
Administration has delineated both the areas of special flood hazards
and the risk premium zones applicable to the community.
The official report provided by the federal insurance administration.
the report contains flood profiles, as well as the Flood Hazard Boundary
- Floodway Map and the water surface elevation of the base flood.
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 areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
one foot.
The lowest floor of the lowest enclosed area (including basement).
Structures for which the start of construction commenced
on or after the effective date of this chapter (May 11, 1977), and
includes any subsequent improvements to such structures.
Any individual or group of individuals, corporation, partnership,
association or any other entity, including state and local governments
and their agencies.
A vehicle which is:
Built on a single chassis;
Four hundred square feet or less when measured
at the largest horizontal projections;
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 temporary living quarters for recreational, camping,
travel or seasonal use.
For other than new construction or substantial improvements
under the Coastal Barrier Resources Act (P.L. 97-348), includes substantial
improvement and means the date the building permit was issued, provided
that the actual start of construction, repair, reconstruction or improvement
was within 180 days of the permit date. Should the permittee fail
to commence work within this time frame, a new permit shall be required.
The actual start means the first placement of permanent construction
of a structure (including a manufactured home) on a site, such as
the pouring of slabs or footings, installation of piles, construction
of columns, 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.
A walled and roofed building that is principally above ground.
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% of the market value of the structure before the
damage occurred.
Any project for improvement of a structure to
comply with existing state or local health, sanitary or safety code
specifications which is solely necessary to assure safe living conditions;
or
Any alteration of a structure listed on the
National Register of Historic Places or a State Inventory of Historic
Places.
Any combination of repairs, reconstruction, alteration or
improvements to a structure taking place during the life of a structure,
in which the cumulative cost equals or exceeds 50% of the market value
of the structure. The market value of the structure should be the
appraised value of the structure using the segregated cost method
prior to the start of the initial repair or improvement or, in the
case of damage, the value of the structure prior to the damage occurring.
For the purposes of this definition, "substantial improvement" is
considered to occur when the first alteration of any wall, ceiling,
floor or other structural part of the building commences, whether
or not that alteration affects the external dimensions of the structure.
The term does not, however, include any improvement project required
to comply with existing health, sanitary or safety code specifications
which are solely necessary to assure safe living conditions.
A grant of relief by the Zoning Board of Appeals from the
terms of this chapter.
