Section 10 - Special Flood Hazard Area Regulations
10.1 Purpose: It is the purpose of this regulation to promote the health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:
1. Restrict or prohibit uses which are dangerous to health, safety and property due to water or erosion or, in flood heights or velocities;
2. Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;
3. Control the alteration of natural flood plains, stream channels, and natural protective barriers, which are involved in the accommodation of flood waters;
4. Control filling, grading, dredging and other development which may increase erosion or flood damage;
5. Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands.
10.2 Objectives: The objectives of this regulation are:
1. To protect human life and health;
2. To minimize expenditure of public money for costly flood control projects;
3. To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
4. To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in flood plains;
5. To help maintain a stable tax base by providing for the sound use and development of flood-prone areas in such a manner as to minimize future flood blight areas; and,
6. To insure that potential home buyers are notified that property is in a flood area.
10.3 Basis: The basis for establishing the Special Flood Hazard Area is the Federal Insurance Administration's scientific and engineering report entitled "The Flood Insurance Study for the Town of East Hampton, Connecticut, Middlesex County," effective, October 16, 1979, with accompanying Flood Insurance Rate Maps and Flood Boundary and Floodway Maps, as amended or revised. Such study, maps and other supporting data, and any revisions thereto, are adopted by reference and declared to be a part of these regulations.
10.4 Definitions: For the purpose of this Section, certain terms, words and phrases shall, whenever used in this Section only, have the meanings defined as follows:
1. Base Flood: The 100-year flood: the flood having a one percent chance of being equaled or exceeded in any given year.
2. Development: 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 special flood hazard area.
3. Flood Boundary and Floodway Map: An official map of the Town of East Hampton on which the Federal Insurance Administration has delineated the 100-year, 500-year and floodway boundaries.
4. Flood Insurance Rate Map: An official map of the Town of East Hampton on which the Federal Insurance Administration has delineated the areas of special flood hazards and the risk premium zones applicable to the town, as well as base flood elevations at selected locations.
5. Flood Insurance Study: The official report provided by the Federal Insurance Administration. The report contains flood profiles, water surface elevation of the base flood and includes the Flood Boundary and Floodway Map and Flood Insurance Rate Map.
6. Floodway: The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.
7. Lowest Floor: The lowest floor of the enclosed area of a building (including basement).
8. Manufactured Home: A structure that is transportable in one or more sections, built on a permanent chassis, and designed to be used with or without a permanent foundation when connected to the required utilities. The term also includes recreational vehicles, park trailers, or travel trailers and similar transportable structures placed on a site for 180 consecutive days or longer and intended to be improved property. When located on a lot, a manufactured home shall be considered to be a residence and subject to all of the regulations prescribed for the zoning district in which it is located.
9. Manufactured Home Park or Subdivision: A parcel, or contiguous parcels, of land divided into two or more manufactured home lots for rent or sale.
10. New Construction: Structures for which the "start of construction or substantial improvement commenced on or after the effective date of this ordinance" (not the revision date).
11. Special Flood Hazard Area: An area which contains the land in the flood plain within the town subject to a one percent or greater change of flooding in any given year. The Special Flood Hazard Area includes all Flood Insurance Zones A and A1-A30 as designated on the Flood Insurance Rate Maps.
12. Start of Construction: Includes substantial improvements, and means the date the building permit was issued, provided the actual state of construction, repair, reconstruction, or improvement was within 180 days of the permit date. The actual start means the first placement of permanent construction of a structure (including a manufactured home) on a site, such as the pouring of slabs or footings, installation of piles, construction of columns, or any work beyond the stage of excavation or placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the
installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structures.
13. Structure: A walled and roofed building that is principally above ground, a manufactured home, a gas or liquid storage tank, or other man-made facilities or infrastructure.
14. Substantial Damage: Substantial Damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damage condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.
15. Substantial Improvement: Any combination of repairs, re-construction, alteration, or improvements to a structure, the cost of which equals or exceeds 50 percent of the market value of the structure, as determined by the cost approach to value, the quantity survey method, the segregated cost method or the square foot method either: a) before the improvement or repair is started, or b) if the structure has been damaged and is being restored, before the damage occurred. 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 either: a) any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions or b) any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.
10.5 General Provisions
1. A building permit, zoning permit, site plan approval and/or special exception shall be obtained before construction or development begins within any special flood hazard area. The applicant should review the Zoning Regulations with the Zoning Enforcement Officer to determine which permit approval process, or processes, are to be followed for the particular land use which is being proposed.
2. The Zoning Enforcement Officer shall notify adjacent communities and the Connecticut Department of Environmental Protection, Inland Water Resources Division prior to any alteration or relocation of a watercourse, and evidence of such notification shall be sent to the Federal Insurance Administration. Maintenance shall be provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished.
3. The Zoning Enforcement Officer shall advise the applicant that additional Federal or State permits may be required, and if specific Federal or State permit requirements are known, require that copies of such permits be provided and maintained on file with any local permit. Such additional permit requirements may include, but not be limited to: Stream Channel Encroachment Line Permit, Water Diversion Permit, Dam Safety Permit, Corps of Engineers 404 Permit.
4. The applicant shall provide information with the application which would show that any proposed building sites will be reasonably safe from flooding.
5. Construction, reconstruction, extension of any building or structure, or any other development, including but not limited to mining, dredging, filling, grading, paving, excavation or drilling operations shall be prohibited in the Special Flood Hazard Area, except in conformance with these regulations.
6. When base flood elevation data or floodway data have not been provided, the Zoning Enforcement Officer shall obtain, review and reasonably utilize any base flood elevation or floodway data available from Federal, State or other source in order to administer Sections 10.6, 10.7 and 10.8 of these regulations.
7. The Zoning Enforcement Officer shall record and maintain the following: a) the as-built elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, b) the elevation (in relation to mean sea level) to which the new or substantially improved structures have been flood-proofed, c) certification as to floodway heights and d) any and all certifications required under Section 10 of these regulations.
8. The Zoning Enforcement Officer shall make the necessary interpretation, where needed, as to the exact location of 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).
10.6 General Standards
1. All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.
2. All new construction and substantial improvements shall be constructed with materials resistance to flood damage.
3. All new construction and substantial improvements to structures shall be constructed to ensure that electrical, heating, ventilation, plumbing, air conditioning equipment and other service facilities are designed and/or located so as to prevent water from entering or accumulating with the components during conditions of flooding.
4. All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.
5. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system.
6. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters.
7. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
8. All manufactured homes (including "mobile" homes placed on a site for 180 consecutive days or longer) to be placed or substantially improved shall be installed using methods and practices which minimize flood damage. Elevation construction standards include piling foundations placed no more than 10 feet apart, and the provision of reinforcement for piers more than six feet above ground level.
9. A building permit, zoning permit, site plan approval and/or special exception/permit shall be obtained before construction or development begins within any special flood hazard area. The applicant should review the Zoning Regulations with the Zoning Enforcement Officer to determine which permit approval process, or processes, are to be followed for the particular land use which is being proposed.
10. In a zone where base flood elevations have been determined, but before a floodway is designated, no new construction, substantial improvement, or other development (including fill) shall be permitted which will increase base flood elevations more than one (1) foot at any point along the watercourse when all anticipated development is considered cumulatively with the proposed development.
11. Use of land, construction or other activities permitted within this Section shall be subject tapproval by all applicable federal or state agencies.
10.7 Specific Standards: The following provisions shall apply in all areas of special flood hazard
A1-30, AE, AH, or A zones where base flood elevation data has been provided in accordance with
Sections 10.5.6 or 10.8.4 of these regulations.
1. New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to or above base flood elevation.
2. 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: a) be flood-proofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water: b) have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.
A 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 the subsection. Such certification shall be provided to the Zoning Enforcement Officer.
3. All manufactured homes (including "mobile" homes placed on a site for 180 consecutive days or longer) to be placed or substantially improved shall be a) elevated so that the lowest floor is above the base flood elevation and b) placed on a permanent foundation which itself is securely anchored and to which the structure is securely anchored so that it will resist flotation, lateral movement, and hydrostatic and hydrodynamic pressures. Anchoring may include, but not be limited to, the use of over-the-top or frame ties to ground anchors.
4. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles, and erosion potential, the following provisions apply:
(a) Encroachments, including fill, new construction, substantial improvements, and other development shall be prohibited unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge. When utilizing data other than that provided by the Federal Emergency Management Agency, a regulatory floodway must be adopted which is designed to carry the waters of the base flood without increasing the water surface elevation of that flood more than one foot at any point.
(b) All new construction and substantial improvements in the floodway shall comply with the flood hazard reduction provisions noted in this Section.
10.8 Standards for Subdivision Proposals: In all special flood hazard areas the following requirements shall apply:
1. All subdivision proposals shall be consistent with the need to minimize flood damage;
2. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage;
3. All subdivision proposals shall provide adequate drainage to reduce exposure to flood hazards, and
4. Base flood elevation data shall be provided for all subdivision proposals and other proposed development (including manufactured home parks and subdivisions) which are five acres or fifty lots, which ever occurs first, and are located in Zone A.
Warning and Disclaimer of Liability
The degree of flood protection required by this regulation is considered reasonable for regulatory purposes and is based on scientific and engineering consideration. Larger floods can and will occur on rate occasions. Flood heights may be increased by man-made or natural causes. This regulation 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 regulation shall not create liability on the part of Town of East Hampton or by any officer or employee thereof for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made thereunder.
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