The Legislature of the State of Connecticut has in C.G.S. § 7-148(c)(7)(A)
and C.G.S. § 8-2 delegated the responsibility to local governmental
units to adopt regulations designed to promote the public health,
safety, and general welfare of its citizenry.
A.
The flood hazard areas of the Town of Guilford 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 Guilford has voluntarily participated in the National
Flood Insurance Program (NFIP) since April 29, 1978. 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 chapter is 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;
G.
To insure that potential buyers are notified that property is in
a flood hazard area;
H.
To prevent increases in flood heights that could further increase
flood damage;
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.
In order to accomplish its purposes, this chapter includes objectives,
methods and provisions that:
A.
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;
B.
Require that uses vulnerable to floods, including facilities that
serve such uses, be protected against flood damage at the time of
initial construction;
C.
Control the alteration of natural floodplains, stream channels, and
natural protective barriers that are involved in the accommodation
of floodwaters, which are altered in conjunction with development
activities described herein;
D.
Control filling, grading, dredging and other development which may
increase erosion or flood damage; and
E.
Prevent or regulate the construction of barriers or obstructions
made in conjunction with development activities, which will unnaturally
divert floodwaters or which may increase flood hazards to other lands.
As used in this chapter, the following terms, whether capitalized
or not, shall have the meaning set forth below, except as otherwise
provided by state or federal law.
Any walled and roofed expansion to the perimeter of a structure
in which the addition is connected by a common load-bearing wall other
than a fire wall. Any walled and roofed addition which is connected
by a fire wall or is separated by independent perimeter load-bearing
walls is new construction.
The flood having a 1% chance of being equaled or exceeded
in any given year, also referred to as the 100-year flood, as published
by the Federal Emergency Management Agency (FEMA) as part of a Flood
Insurance Study (FIS) and depicted on a Flood Insurance Rate Map (FIRM).
The elevation of the crest of the base flood (100-year flood).
The height in relation to mean sea level (NGVD of 1929 or NAVD 1988)
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.
A wall that is not part of the structural support of the
building and is intended through its design and construction to collapse
under specific lateral loading forces without causing damage to the
elevated portion of the building or supporting foundation system.
See definition for "structure."
The portion of the coastal High-Hazard Area with wave heights
between 1.5 feet and 3.0 feet during the base flood and seaward of
the line labeled the "Limit of Moderate Wave Action" (LiMWA) on a
Flood Insurance Rate Map (FIRM).
An area of special flood hazard extending from offshore to
the inland limit of a primary frontal dune along an open coast and
any other area subject to high velocity wave action from storms or
seismic sources. Coastal High-Hazard Areas are designated as Zones
VE and Coastal AE on a Flood Insurance Rate Map (FIRM).
As related to substantial improvements, the cost of any reconstruction,
rehabilitation, addition, alteration, repair or other improvement
of a structure as 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 the construction of buildings or structures;
the construction of additions, alterations or substantial improvements
to buildings or structures; the placement of buildings or structures;
mining, dredging, filling, grading, paving, excavation or drilling
operations or storage of equipment; the storage, deposition, or extraction
of materials; and the installation, repair or removal of public or
private sewage disposal systems or water supply facilities.
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 April
29, 1978, of the floodplain management regulations adopted by the
community.
The preparation of additional sites by the construction of
facilities for servicing the lots on which the manufactured 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).
As related to fully enclosed areas below the base flood elevation
(BFE), a space that is, but is not limited to, heated and/or cooled,
contains finished floors, has sheetrock walls that may or may not
be painted or wallpapered, and other amenities such as furniture,
appliances, bathrooms, fireplaces and other items that are easily
damaged by floodwaters and expensive to clean, repair or replace.
Unfinished enclosed areas below the BFE should comply with FEMA Technical
Bulletin 2, Flood Damage Resistant Materials Requirements.
The official map of a community on which the Federal Emergency
Management Agency (FEMA) has delineated both the special flood hazard
areas (100-year floodplain) and the insurance risk premium zones applicable
to a community.
The official study of a community in which the Federal Emergency
Management Agency (FEMA) has conducted an examination, evaluation
and determination of flood hazards and, if appropriate, corresponding
water surface elevations.
A general and temporary condition of partial or complete
inundation of normally dry land areas from either the overflow of
inland or tidal waters, 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 (1.0) foot. 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 only 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.
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 landward limit of the 1.5 foot breaking wave within a
Coastal AE Zone. These areas are seaward of the line labeled "Limit
of Moderate Wave Action" (LiMWA) on a Flood Insurance Rate Map (FIRM).
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 an area meets the design requirements specified in § 174-20A(3) of this chapter.
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 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.
A parcel or contiguous parcels of land divided into two or
more manufactured home lots for rent or sale.
As related to substantial improvement and substantial damage,
the market value of the structure shall be determined by the appraised
value of the structure 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.
The North American Vertical Datum (NGVD) of 1988 or other
datum, to which base flood elevations shown on a community's
Flood Insurance Rate Map (FIRM) are referenced.
All new structures for which the start of construction commenced
on or after the effective date of this amendment of this chapter;
and with respect to structures for which the start of construction
commenced on or after April 29, 1978, the original effective date
of the floodplain management ordinance, all subsequent improvements
to such existing 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,
April 29, 1978, of the floodplain management ordinance 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.
Accumulation of sand in mounds or ridges located landward
of the beach face, usually arranged parallel to the shoreline, created
by constructive waves, wind, and/or man-made restoration that tend
to grow landward and/or seaward in response to windblown sand accumulation
trapped by vegetation.
The land in the floodplain within a community subject to
a 1% or greater chance of flooding in any given year. 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 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. SFHAs include, but are not necessarily limited
to, the land shown as Zones A, AE, AO, AH, and the coastal high-hazard
areas shown as Zones VE and Coastal AE on a FIRM. The SFHA is also
called the area of special flood hazard.
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
the actual start of construction, repair, reconstruction, rehabilitation,
addition placement, substantial improvement 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,
footings, piers, or foundations or the erections 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. "Substantial damage" also means flood-related damages
sustained by a structure on two separate occasions during a ten-year
period for which the cost of repairs at the time of each such flood
event, on the average, equals or exceeds 25% of the market value of
the structure before the damaged occurred.
Any combination of repairs, reconstruction, rehabilitation,
alterations, additions or other improvements to a structure, taking
place during a five-year period, in which the cumulative cost equals
or exceeds 50% of the market value of the structure before the start
of construction of the improvement. This term includes structures
that have incurred substantial damage, regardless of the actual repair
work performed. 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, 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 any alteration of a historic
structure, provided that the alteration will not preclude the structure's
continued designation as a historic structure.
A grant of relief by a community from the terms of the floodplain
management ordinance 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 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.
The height, in relation to the North American Vertical Datum
(NAVD) of 1988, (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 special flood hazard areas (SFHA)
within the Town of Guilford, Connecticut.
A.
The special flood hazard areas (SFHA) identified by the Federal Emergency
Management Agency (FEMA) in its Flood Insurance Study (FIS) for New
Haven County, Connecticut, dated July 8, 2013, and accompanying Flood
Insurance Rate Maps (FIRM), dated July 8, 2013 (Panels 09009C0487J,
09009C0488J, 09009C0489J, 09009C0491J, 09009C0492J, 09009C0493J, 09009C0494J,
09009C0601J, 09009C0602J, 09009C0606J) and December 17, 2010 (Panels
09009C0336H,09009C0337H, 09009C0338H, 09009C0339H, 09009C0345H, 09009C0476H,
09009C0477H, 09009C0478H, 09009C0479H, 09009C0481H, 09009C0483H, 09009C0484H,
09009C0486H), and other supporting data applicable to the Town of
Guilford, and any subsequent revisions thereto, are adopted by reference
and declared to be a part of this chapter. Since mapping is legally
adopted by reference into this chapter it must take precedence when
more restrictive until such time as a map amendment or map revision
is obtained from FEMA.
B.
The SFHA includes any area shown on the FIRM as Zones A, AE, AO,
AH, Coastal AE and VE, including areas designated as a floodway on
a FIRM. Zones VE and Coastal AE are also identified as coastal high-hazard
areas. 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 a 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
in the SFHA 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 where the area
is not protected from flooding by a natural or man-made feature. The
FIRM and FIS are on file in the Town Engineer of the Town of Guilford.
A preexisting structure or development which was in compliance with Chapter 174 prior to the effective date of this amended chapter shall not be made noncompliant by any subsequent alterations, modifications, repairs, reconstruction, improvements, relocation, or extension. All such alterations, modifications, repairs, reconstruction, improvements, relocations or extensions shall, however, comply with the requirements of this chapter.
A.
Nothing in this chapter shall limit the power and authority of the
Town Building Inspector, Zoning Enforcement Officer, Planning and
Zoning Commission, Historic Commission, Fire Marshall or Director
of Health or any other local, state or federal agency to enforce their
respective laws and regulations.
B.
In any case where a provision of this chapter is found to be in conflict
with a provision of any zoning, building, fire, safety or health ordinance,
regulation or other code of the Town or state, if such provision of
this chapter establishes a higher standard for the promotion and protection
of the health and safety and property values of the people such provision
shall be enforceable pursuant to the procedures established herein.
C.
This chapter shall not be intended to affect violations of any other
ordinances, codes or regulations whether existing prior to or subsequent
to the effective date of this chapter. Such violations shall be governed
by and shall continue to be subject to enforcement under the provisions
of such ordinances, codes or regulations in effect at the time the
violation occurred, and/or by enforcement of this chapter, as may
be appropriate.
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
the minimum reasonable for regulatory purposes and is based on scientific
and engineering consideration and research and FEMA requirements.
Larger floods can and will occur on rare occasions. Flood heights
may be increased by man-made or natural causes. The requirements of
this chapter do not imply or guarantee that land outside the special
flood hazard areas or uses permitted in such areas will be free from
flooding and flood damages.
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.
