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APPROVED
FLOOD HAZARD AREA
REGULATIONS 2011 Regulation
of Flood Hazard Areas 310.1. Statutory Authorization To effect the purposes of 10 V.S.A.
Chapter 32, and in accordance with 24 V.S.A. § 4424, there is hereby
established an ordinance for areas of special flood hazard in the Town of
Wallingford, Vermont. 310.2. Statement
of Purpose It
is the purpose of this ordinance to: 310.2.1. Minimize
and prevent the loss of life and property, the disruption of commerce, the
impairment of the tax base, and the extraordinary public expenditures and
demands on public services that result from flooding and other flood related
hazards; and 310.2.2. Ensure
that the design and construction of development in flood and other hazard areas
are accomplished in a manner that minimizes or eliminates the potential for
flood and loss or damage to life and property; and 310.2.3. Manage
all flood hazard areas designated pursuant to 10 V.S.A. § 753; and 310.2.4. Make
the state, municipalities, and individuals eligible for federal flood insurance
and other federal disaster recovery and hazard mitigation funds as may be
available. 310.3. Lands
to Which These Regulations Apply These
regulations shall apply to all areas in the Town of Wallingford, Vermont
identified as areas of special flood hazard in and on the most current flood
insurance studies and maps published by the Department of Homeland Security
(DHS), Federal Emergency Management Agency (FEMA), National Flood Insurance
Program (NFIP), as provided by the Secretary of the Agency of Natural Resources
pursuant to 10 V.S.A. § 753, which are hereby adopted by reference and declared
to be part of these regulations. 310.4. Development
Permit Required A
permit is required, to the extent authorized by State law, for all proposed
construction or other development, including the placement of manufactured
homes, in areas of special flood hazard. Conditional use approval by the
appropriate municipal panel is required for:
310.4.1.
New
buildings, 310.4.2.
Substantial
improvement of existing buildings, and 310.4.3.
Development
in a floodway prior to being permitted by the
administrative officer. All development and subdivisions shall be reviewed to
assure that such proposals minimize potential flood damage, public facilities
and utilities such as sewer, gas, electrical, and water systems are constructed
so as to minimize flood damage, and adequate drainage is provided to reduce
exposure to flood hazards. 310.5. Procedures 310.5.1. Prior
to issuing a permit a copy of the application and supporting information shall
be submitted by the administrative officer to the State National Floodplain
Insurance Program Coordinator at the Vermont Agency of Natural Resources,
Department of Environmental Conservation, River Management Section in accordance
with 24 V.S.A. § 4424. A permit may be issued only following receipt of
comments from the Agency or the expiration of 30 days from the date the
application was mailed to the Agency, whichever is sooner. 310.5.2. Adjacent
communities and the Stream Alteration Engineer at the Vermont Agency of Natural
Resources, Department of Environmental Conservation, River Management Section
shall be notified at least 30 days prior to issuing any permit for the
alteration or relocation of a watercourse and copies of such notification shall
be submitted to the Administrator of the National Flood Insurance Program. Any
permit issued shall assure that the flood carrying capacity within the altered
or relocated portion of any watercourse is maintained. 310.5.3. Proposed
development shall be reviewed by the administrative officer or the appropriate
municipal panel to assure that all necessary permits have been received from
those government agencies from which approval is required by Federal, State or
Municipal law. 310.6. Base
Flood Elevations and Floodway Limits 310.6.1. Where
available, base flood elevations and floodway limits (or data from which a
community can designate regulatory floodway limits) provided by the National
Flood Insurance Program in the Flood Insurance Study and accompanying maps shall
be used to administer and enforce these regulations. 310.6.2. In
areas where base flood elevations and floodway limits have not been provided by
the National Flood Insurance Program in the Flood Insurance Study and
accompanying maps, base flood elevations and floodway data provided by FEMA or
available from State or Federal agencies or other sources, shall be obtained and
utilized to administer and enforce these regulations. 310.6.3. Until
a regulatory floodway has been designated, no new construction, substantial
improvements, or other development shall be permitted unless it is demonstrated
that the cumulative effect of the proposed development, when combined with all
other existing development and anticipated development will not increase the
water surface elevation of the base flood more than one foot at any point within
the community. 310.7. Development
Standards 310.7.1. Floodway
Areas 7.1.1 Development within the regulatory
floodway, as determined by Section 6, is prohibited unless it has been
demonstrated through hydrologic and hydraulic analyses performed in accordance
with standard engineering practice by a registered professional engineer
certifying that the proposed development will result in no increase in flood
levels during the occurrence of the base flood. 7.1.2 Junkyards and storage facilities
for floatable materials, chemicals, explosives, flammable liquids, or other
hazardous or toxic materials, are prohibited within the floodway 310.7.2. Floodway
Fringe Areas (i.e., special flood hazard areas outside of the floodway)
7.2.1
All Development - All development shall be reasonably safe from flooding
and: 7.2.1.1 designed (or modified) and
adequately anchored to prevent flotation, collapse, or lateral movement of the
structure during the occurrence of the base flood, 7.2.1.2 constructed with materials
resistant to flood damage, 7.2.1.3 constructed by methods and
practices that minimize flood damage, and 7.2.1.4 constructed with electrical,
heating, ventilation, plumbing and air conditioning equipment and other service
facilities that are designed and/or located so as to prevent water from entering
or accumulating within the components during conditions of flooding.
7.2.2 Residential Development:
7.2.2.1 New construction and existing
buildings subject to cumulative substantial improvement that are located in
Zones A1-30, AE, and AH shall have the lowest floor, including basement,
elevated to at least one foot above the base flood elevation. New construction
and existing buildings subject to cumulative substantial improvement that are
located in Zone AO shall have the lowest floor, including basement, elevated
above the highest adjacent grade at least as high as the depth number specified
in the feet on the community’s FIRM or at least two feet if no depth number is
specified. 7.2.2.2 Manufactured homes to be placed
and existing manufactured homes subject to cumulative substantial improvement
that are: 7.2.2.2.1 located in a new manufactured
home park or subdivision, outside of a manufactured home park or subdivision, in
an expansion to an existing manufactured home park or subdivision, or in a
manufactured home park or subdivision which has incurred substantial damage from
a flood shall be elevated on a permanent foundation such that the lowest floor
of the manufactured home is elevated to at least one foot above base flood
elevation and be securely anchored to an adequately anchored
foundation system to resist floatation, collapse, and lateral movement
during the occurrence of the base flood. 7.2.2.2.2 located in an existing
manufactured home park, where elevating a replacement home to at least one foot
above base flood elevation is not possible, the lowest floor shall be supported
by reinforced piers or other foundation elements of at least equivalent strength
that are no less than 48 inches in height above grade and be securely anchored
to an adequately anchored system to resist floatation, collapse, and lateral
movement. 7.2.2.3 Residential construction located
within Zones AH and AO shall have adequate drainage paths around structures on
slopes, to guide floodwater around and away from the proposed structures.
7.2.3 Commercial Development:
7.2.3.1 New construction located in Zones
A1-30, AE, and AH shall have the lowest floor, including basement, elevated to
at least one foot above the base flood elevation. New construction located in
Zone AO shall have the lowest floor, including basement, elevated above the
highest adjacent grade at least as high as the depth number specified in the
feet on the community’s FIRM or at least two feet if no depth number is
specified. 7.2.3.2 Existing buildings subject to
cumulative substantial improvement located in Zones A1-30, AE, and AH shall have
the lowest floor, including basement, elevated to at least one foot above the
base flood elevation or together with attendant utility and sanitary facilities
be designed so that below the base flood elevation the structure 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. Existing buildings subject to cumulative substantial
improvement located in AO zones shall have the lowest floor, including basement,
elevated above the highest adjacent grade at least as high as the depth number
specified in feet on the community’s FIRM or at least two feet if no depth
number is specified or together with attendant utility and sanitary facilities
be designed so that below the base flood elevation the structure 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. 7.2.3.3 A permit for a building proposed
to be floodproofed shall not be issued until a registered professional engineer
or architect has reviewed the structural design, specifications and plans, and
has certified that the design and proposed methods of construction are in
accordance with accepted standards of practice for meeting the provisions of
this subsection. 7.2.3.4 Commercial construction located
within Zones AH and AO shall have adequate drainage pat hs around structures on slopes, to guide floodwater around and away
from the proposed structures. 7.2.4 Subdivisions: 7.2.4.1 New subdivision proposals and
other proposed development (including proposals for manufactured home parks and
subdivisions) that are greater than 50 lots or 5 acres, whichever is the lesser,
shall include base flood elevation data. 7.2.4.2 Subdivisions (including
manufactured home parks) shall be designed to assure: 7.2.4.2.1 such proposals minimize flood
damage within the flood-prone area, 7.2.4.2.2 public utilities and
facilities, such as sewer, gas, electrical, and water systems are located and
constructed to minimize or eliminate flood damage, and 7.2.4.2.3 adequate drainage is provided
to reduce exposure to flood hazards. 7.2.5 Enclosed Areas Below the Lowest
Floor: 7.2.5.1 Enclosed areas below the lowest
floor which are subject to flooding shall be used solely for parking of
vehicles, building access, or storage. 7.2.5.2 New construction and existing
buildings subject to cumulative substantial improvement with fully enclosed
areas below the lowest floor that 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. 7.2.5.3 Designs for meeting this
requirement must either be certified by a registered professional engineer or
architect or meet or exceed the following minimum 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
that they permit the automatic entry and exit of floodwaters.
7.2.6 Recreational Vehicles: Recreational
Vehicles placed on sites with special flood hazard areas shall either:
7.2.6.1 be on the site for fewer than 180
consecutive days, 7.2.6.2 be fully licensed and ready for
highway use, or 7.2.6.3 be permitted in accordance with
the elevation and anchoring requirements for “manufactured homes” in section
7.2.2.2. 7.2.7 Accessory Structures: A small
accessory building that represents a minimal investment need not be elevated to
the base flood elevation provided the building: 7.2.7.1 shall not be used for human
habitation, 7.2.7.2 shall be designed to have low
flood damage potential, 7.2.7.3 shall be constructed and placed
on the building site so as to offer the minimum resistance to the flow of
floodwaters, 7.2.7.4 shall be firmly anchored to
prevent flotation, and 7.2.7.5 shall have service facilities
such as electrical and heating equipment elevated or floodproofed. 7.2.8 Water Supply Systems: New and
replacement water supply systems shall be designed to minimize or eliminate
infiltration of flood waters into the systems. 7.2.9 Sanitary Sewage Systems: New and
replacement sanitary sewage systems shall be designed to minimize or eliminate
infiltration of flood waters into the systems and discharges from the systems
into flood waters. 7.2.10 On-Site Waste Disposal Systems:
On-site waste disposal systems shall be located to avoid impairment to them or
contamination from them during flooding. The lowest elevation of the wastewater
distribution field shall be located at least 1 foot above the base flood
elevation. 7.2.11 Watercourse Carrying Capacity: The
flood carrying capacity within any altered or relocated portion of a watercourse
shall be maintained. 310.8. Duties
and Responsibilities of the Administrative Officer 310.8.1. The
administrative officer shall maintain a record of: 8.1.1 All permits issued for development
in areas of special flood hazard; 8.1.2 The elevation (consistent with the
datum of the elevation on the NFIP maps for the community) of the lowest floor,
including basement, of all new buildings or buildings subject to cumulative
substantial improvement; 8.1.3 The elevation (consistent with the
datum of the elevation on the NFIP maps for the community) to which buildings
have been floodproofed; 8.1.4 All floodproofing certifications
required under this regulation; and 8.1.5 All variance actions, including
justification for their issuance. 310.9. Variances to the Development Standards
Variances shall be granted by the appropriate municipal panel only in
accordance with 24 V.S.A. § 4469 and in accordance with the criteria for
granting variances found in 44 CFR, Section 60.6, of the National Flood
Insurance Program regulations. 10 Warning of Disclaimer of Liability
This ordinance does not imply that land outside of the areas of special
flood hazard or land use permitted within such districts will be free from
flooding or flood damages. This ordinance shall not create liability on the part
of the Town of 11 Validity and Severability
If any portion of this ordinance is held unconstitutional or invalid by a
competent court, the remainder of this ordinance shall not be affected.
12 Precedence of Ordinance
The provisions of this ordinance shall not in any way impair or remove
the necessity of compliance with any other applicable ordinances. Where this
ordinance imposes a greater restriction, the provisions of this ordinance shall
take precedence. 13 Enforcement and Penalties
It shall be the duty of the Administrative Officer to enforce the
provisions of this ordinance. Whenever any development occurs contrary to these
flood hazard regulations, the Administrative Officer, in his or her discretion,
shall institute appropriate action in accordance with provisions of 24 VSA
Section 1974a or 24 VSA Section 4451 or 24 VSA Section 4452 to correct the
violation. No action may be brought
unless the alleged offender has had at least a seven-day warning notice by
certified mail. An action may be
brought without the seven-day and opportunity to cure if the alleged offender
repeats the violation after the seven-day notice and within the next succeeding
twelve months. The seven-day warning
notice shall state that a violation exists, that the alleged offender has an
opportunity to cure the violation within the seven days, and
that the offender will not be entitled to additional warning notice for a
violation following the seven days.
If the structure is still noncompliant after the seven day opportunity to
cure has passed, the Administrator Officer shall submit a declaration to the
Administrator of the NFIP requesting a denial of flood insurance. Section 1316
of the National Flood Insurance Act of 1968, as amended, authorizes FEMA to deny
flood insurance to a property declared by a community to be in violation of
their flood hazard area regulations. The declaration shall consist of: (a) the
name of the property owner and address or legal description of the property
sufficient to confirm its identity or location, (b) a clear and unequivocal
declaration that the property is in violation of a cited State or local law,
regulation, or ordinance, (c) a clear statement that the public body making the
declaration has authority to do so and a citation to that authority, (d)
evidence that the property owner has been provided notice of the violation and
the prospective denial of insurance, and (e) a clear statement that the
declaration is being submitted pursuant to Section 1316 of the National Flood
Insurance Act of 1968, as amended. 14 Definitions
For purposes of this Section 310, the following definitions in addition
to the definitions set forth in Article 2 of these Bylaws
Special Flood Hazard Area
is the land in the floodplain within a community subject to a 1 percent or
greater chance of flooding in any given year. The area may be designated a Zone
A on the Flood Hazard Boundary Map (FHBM). After detailed ratemaking has been
completed in preparation for publication of the Flood Insurance Rate Map (FIRM),
Zone A usually is refined into Zones A, AO, AH, A1-30, AE, A99, AR, AR/AI-30,
AR/AE, AR/AO, AR/AH, AR/A, VO or V1-30, VE, or V. For purposes of these
regulations, the term “special flood hazard area” is synonymous in meaning
with the phrase “area of special flood hazard”.
Base Flood means the flood having a one percent chance of being
equaled or exceeded in any given year.
Base Flood Elevation (BFE)
the height of the base flood, usually in feet, in relation to the National
Geodetic Vertical Datum of 1929, the North American Vertical Datum of 1988, or
other datum referenced in the Flood Insurance Study report, or average depth of
the base flood, usually in feet, above the ground surface.
Basement
means any area of the building having its floor elevation (below ground level)
on all sides.
Cumulative Substantial Improvement
means any combination of repairs, reconstruction, rehabilitation, addition,
alteration or other improvements of a structure, during any 3 year period, in
which the cumulative cost equals or exceeds 50% of the market value of the
structure before “start of construction” of the improvement. This term
includes structures which have incurred “substantial damage”, regardless of
the actual repair work performed. The term does not, however, include either:
(a) Any project for improvement of a structure to correct existing violations of
state or local health, sanitary, or safety code specification which have been
identified by the local code enforcement official and which are the minimum
necessary to assure safe living conditions or (b) Any alteration of a
“historic structure”, provided that the alteration will not preclude the
structure’s continued designation as a “historic structure”.
Development means 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, or storage of equipment or materials.
Existing manufactured home park or subdivision means a manufactured home park or subdivision for which the
construction of facilities for servicing the lots on which the manufactured
homes are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the pouring of
concrete pads) is completed before the effective date of the floodplain
management regulations adopted by a community.
Expansion to an existing manufactured home park or subdivision means 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).
Flood
means (a) A general and temporary condition of partial or complete inundation of
normally dry land areas from: the overflow of inland or tidal waters; the
unusual and rapid accumulation or runoff of surface waters from any source; and
mudslides which are proximately caused by flooding and are akin to a river of
liquid and flowing mud on the surfaces of normally dry land areas, as when earth
is carried by a current of water and deposited along the path of the current.
(b) The collapse or subsidence of land along the shore of a lake or other body
of water as a result of erosion or undermining caused by waves or currents of
water exceeding anticipated cyclical levels or suddenly caused by an unusually
high water level in a natural body of water, accompanied by a severe storm, or
by an unanticipated force of nature, such as flash flood or abnormal tidal
surge, or by some similarly unusual and unforeseeable event which results in
flooding.
Flood Insurance Rate Map (FIRM)
means an official map of a community, on which the Federal Insurance
Administrator has delineated both the special hazard areas and the risk premium
zones applicable to the community.
Flood Insurance Study
means an examination, evaluation and determination of flood hazards and, if
appropriate, corresponding water surface elevations or an examination,
evaluation and determination of mudslide (i.e., mudflow) and /or flood related
erosion hazards.
Floodplain or flood-prone area
means any land area susceptible to being inundated by water from any source (see
definition of “flood”).
Flood proofing
means any combination of structural and non-structural 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.
Floodway
means 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 at any point.
Historic Structure means any
structure that is: (a) Listed individually in the National Register of Historic
Places ( a listing maintained b the Department of the Interior) or preliminarily
determined by the Secretary of the Interior s meeting the requirements for
individual listing on the National Register; (b) Certified or preliminarily
determined by the Secretary of the Interior as contributing to the historical
significance of a registered historic district or a district preliminarily
determined by the Secretary to qualify as a registered historic district; (c)
Individually listed on a state inventory of places in states with historic
preservation programs which have been approved by the Secretary of the Interior;
or (d) Individually listed on a local inventory of historic places in
communities with historic preservation programs that have been certified either:
(i) By an approved state program as determined by the Secretary of the Interior
or (ii) Directly by the Secretary of the Interior in states without approved
programs
Lowest Floor means 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 non-elevation design requirements of 44 CFR 60.3.
Manufactured home means 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 attached to the required utilities. The term
“manufactured home” does not include a “recreational vehicle”.
Manufactured home park or subdivision means a parcel (or contiguous
parcels) of land divided into two or more manufactured home lots for rent or
sale.
New construction means, for the purposes of determining insurance
rates, structures for which the “start of construction” commenced on or
after the effective date of an initial FIRM or after December 31, 1974 , whichever is later, and includes any subsequent improvements to
such structures. For floodplain management purposes, new construction means
structures for which the start of construction commenced on or after the
effective date of the floodplain management regulation adopted by a community
and includes any subsequent improvements to such structures.
New manufactured home park or subdivision means 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 of the floodplain management regulations adopted by a community.
Recreational vehicle means a vehicle which is: (a) Built on a single
chassis; (b) 400 square feet or less when measured at the largest horizontal
projection; (c) Designed to be self-propelled or permanently towable by a light
duty truck; and (d) Designed primarily not for use as a permanent dwelling but
as a temporary living quarters for recreational, camping, travel, or seasonal
use.
Start of Construction includes substantial improvement, and means the
date the building permit was issued, provided the actual start of construction,
repair, reconstruction, rehabilitation, addition placement, or other improvement
was within 180 days of the permit date. The actual start means either the first
placement of permanent construction of a structure on a site, such as the
pouring of slab or footings, the installation of piles, the construction of
columns, or any work beyond the stage of excavation; or the 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, footing, 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, regardless whether that alteration affects the external dimensions of
the building.
Structure means, for floodplain management purposes, a walled and
roofed building, including a gas or liquid storage tank, that is principally
above ground, as well as a manufactured home. Structure, for insurance purposes,
means: (a) A building with two or more outside rigid walls and a fully secured
roof, that is affixed to a permanent site; (b) A manufactured home (“a
manufactured home,” also known as a mobile home, is a structure: built on a
permanent chassis, transported to its site in one or more sections, and affixed
to a permanent foundation); or (c) A travel trailer without wheels, built on a
chassis and affixed to a permanent foundation, that is regulated under the
community’s floodplain management and building ordinances or laws. For the
latter purpose, “structure” does not mean a recreational vehicle or a park
trailer or other similar vehicle, except as described in (c) of this definition,
or a gas or liquid storage tank.
Substantial damage means damage of any origin sustained by a
structure whereby the cost of restoring the structure to its before damaged
conditions would equal or exceed 50 percent of the market value of the structure
before the damage occurred.
Substantial improvement
means any reconstruction, rehabilitation, addition, or other improvement of a
structure, the cost of which equals or exceeds 50 percent of the market value of
the structure before the “start of construction” of the improvement. This
term includes structures which have incurred “substantial damage”,
regardless of the actual repair work performed. The term does not, however,
include either: (a) Any project for improvement of a structure to correct
existing violations of state or local health, sanitary, or safety code
specification which have been identified by the local code enforcement official
and which are the minimum necessary to assure safe living conditions or (b) Any
alteration of a “historic structure”, provided that the alteration will not
preclude the structure’s continued designation as a “historic
structure”.
Violation
means the failure of a structure or other development to be fully compliant with
the community’s floodplain management regulations. A structure or other
development without the elevation certificate, other certifications, or other
evidence of compliance required in 44 CFR 60.3 is presumed to be in violation
until such time as that documentation is provided. Planning
Commission Public Hearing held 7/18/11 |
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