A.
Purpose. This section is intended to provide for economically sound
and visually appropriate uses for existing buildings in Collinsville,
consistent with the public interest and to preserve the historic character
of Collinsville while permitting such uses and requiring certain development
standards to this end.
B.
Applicability. The provisions of this section shall apply to a change
of use within an existing building, to any new construction or substantial
reconstruction within the Collinsville Business Overlay.
G.
Standards.
(1)
For new construction and reconstruction, the exterior of the
building shall be restored to a condition comparable to its original
condition. The following references are provided as guidance:
(a)
The Canton Historical Museum/Canton Historical Society;
(b)
Guidelines for Construction and Alterations in the Collinsville
Historic District;
(c)
Images of America, Canton and Collinsville, by Donna M. Miller;
(d)
Advisory consultation with the Collinsville Historic District
Commission;
(e)
Collinsville, Connecticut; Canton, Connecticut, Hartford County
Connecticut, Historic Districts in the United States, Delmar Thomas
C. Stawart (Ed.);
(f)
CThistoryonline.org;
(g)
Secretary of the Interiors Standards.
(2)
Additions to the exterior of the building shall be consistent
with the architectural quality of the building.
(3)
No business use on a ground floor shall be converted to a residential
dwelling.
(4)
Parking and loading requirements for uses within the Collinsville
Business Overlay (excluding dwelling units which are subject to the
requirements in Table 470-702C shall function under existing shared
and available parking.
(5)
The use of planted buffers may be required where permits, taking
into consideration the historic development of Collinsville space.
(6)
All other requirements of these regulations for the Business
District shall be complied with.
A.
Purpose. The flood hazard areas of the Town of Canton are subject
to periodic inundation which may result in loss of life and property,
health and safety hazards, disruption of commerce and government service,
extraordinary public expenditures for flood protection and relief,
and impairment of tax base, all of which adversely affect the public
safety and general welfare. It is the purpose of this regulation to
minimize public and private loss due to flood conditions in specific
areas by:
(1)
Regulating or prohibiting uses which alter the flood flow, excessively
increase the water height or velocity or present hazardous debris;
(2)
Requiring that uses vulnerable to floods shall at their creation
or at the time of substantial improvement be protected against damage;
(3)
Minimizing surface and groundwater pollution which will affect
human, animal and/or plant life;
(4)
Assuring that potential buyers can be aware that property is
in a special flood hazard area (SFHA);
(5)
Helping to maintain a stable tax base through the reduction
of potential flood blight areas; and
(6)
For the community to fulfill its role and comply with its obligations
as participant in the NFIP.
B.
Authority. This section is adopted under the authority of C.G.S.
§ 8-2 where the Legislature of the State of Connecticut
has delegated the responsibility to local governmental units to adopt
regulations designed to promote the public health, safety, and general
welfare of its citizenry.
C.
Applicability.
(1)
General provisions. The establishment of the Floodplain Overlay
District is based the identification of the areas of special flood
hazard by the Federal Emergency Management Agency (FEMA) in its Flood
Insurance Study (FIS) for Hartford County, Connecticut, dated September
28, 2008, with accompanying Flood Insurance Rate Maps (FIRM) and other
supporting data, and adopted into the Zoning Regulations of the Town
of Canton on September 26, 2008.
(2)
This regulation shall apply to all areas of special flood hazard
(SFHA) within the jurisdiction of the Town of Canton.
(3)
The FIRM and the FIS for Canton, as defined in § 470-602D, including any subsequent revisions thereto, are made a part of these regulations by reference.
(4)
The FIRM panels that apply to Canton include the following:
09003C0167F; 09003C0168F; 09003C0169F; 09003C0301F; 09003C0304F; 09003C0306F;
09003C0307F; 09003C0308F; 09003C0309F; 09003C0315F; 09003C0316F; 09003C0317F;
09003C0326F; and 09003C0328F.
(5)
Copies of the aforementioned FIS and its accompanying FIRM are
on file in the office of the Town Clerk, Town of Canton.
(6)
All floodway-related information, including floodway limit lines,
and all elevation-related information, including base flood elevations
(BFE), presented in the FIS or on the FIRM, including any revisions
or amendments thereto duly issued by FEMA, shall take regulatory precedence
over all other related information (until such time as FEMA may duly
issue an amendment or revision based on, incorporating, or otherwise
relating to any such other related information, should such issuance
occur). In general, BFE data contained in the FIS shall have precedence
over BFE data shown on the FIRM.
(7)
SFHA limits as presented on the FIRM, or as may be or have been subsequently revised by FEMA, shall take regulatory precedence over all other related information for all matters relating to structures and insurance (until such time as FEMA may duly issue an amendment or revision based on, incorporating, or otherwise relating to any such other related information, should such issuance occur). The same shall apply to other applications of the SFHA limits under these floodplain management regulations except, and only to the extent any such exception may be applicable, in particular situations where SFHA data may be incomplete or information used to derive such data may have been rendered inaccurate or superseded by more accurate information. Section 470-602E of these regulations sets forth the situations where such exceptions may be applicable and the provisions associated therewith.
D.
BASE FLOOD
BASE FLOOD ELEVATION (BFE)
BASEMENT
BUILDING
COST
DEVELOPMENT
ELEVATION CERTIFICATE
ENCLOSURES
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA)
FLOOD FRINGE
FLOOD INSURANCE RATE MAP (FIRM)
FLOOD INSURANCE STUDY (FIS)
FLOOD OR FLOODING
(1)
(2)
(3)
(4)
FLOODPLAIN ADMINISTRATOR
FLOODPROOFING
FLOODWAY
FLOOR
FUNCTIONALLY DEPENDENT FACILITY
HIGHEST ADJACENT GRADE (HAG)
HISTORIC STRUCTURE
LOWEST FLOOR
MANUFACTURED HOME
MANUFACTURED HOME PARK OR SUBDIVISION
MARKET VALUE
MEAN SEA LEVEL
NEW CONSTRUCTION
NEW MANUFACTURED HOME PARK OR SUBDIVISION
RECREATIONAL VEHICLE
SPECIAL FLOOD HAZARD AREA (SFHA)
START OF CONSTRUCTION
STRUCTURE
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
(1)
(2)
VARIANCE
VIOLATION
WATER SURFACE ELEVATION
Definitions. The following defined terms are particular to the Floodplain Overlay District and are intended as a supplement to the definitions provided in Article II. In some cases definitions provided in this § 470-602 may not be consistent with definitions provided in Article II. In any such cases definitions in this § 470-602 shall have precedence when applied as related to this Article VI, and definitions in Article II shall have precedence when otherwise applied. As applied to terms used in or related to the application of this § 470-602 and not specifically defined in this § 470-602, meanings derived from and/or consistent with usage in the Federal NFIP Regulations and any associated guidance document promulgated by FEMA shall be given precedence when determining the most reasonable application of such terms.
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 FEMA as part of a Flood Insurance Study (FIS) and depicted
on a FIRM.
The elevation of the crest of the base flood at a particular
location. The BFE in relation to actual ground elevations sets the
limits of the base floodplain (i.e., the SFHA).
Any area of the building having its floor subgrade (below
ground level) on all sides.
See 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 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 buildings or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations,
or storage of materials.
An administrative tool of the National Flood Insurance Program
(NFIP) used to provide elevation information necessary to ensure compliance
with community floodplain management ordinances.
A nonbasement building built to have the top of the lowest
floor elevated above the ground level by means of pilings, columns,
posts, or piers. It also includes a building elevated by means of
fill or solid foundation perimeter walls with opening sufficient to
facilitate the unimpeded movement of floodwaters.
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 lot grading or the pouring
of concrete pads) is completed before the effective date that floodplain
management regulations were adopted by Canton.
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 lot grading or the pouring of concrete
pads).
The federal agency that administers the National Flood Insurance
Program (NFIP).
The flood fringe is that area between the floodway and the
outer limits of the 100-year floodplain (special flood hazard area)
within zones A and AE. It thus encompasses the portion of the Floodplain
District which can be encroached upon without raising the water surface
elevation of the base flood more than one foot.
|
Diagram 470-602D - Floodplain/Floodway Diagram
 |
An official map of a community, on which the FEMA has delineated
special hazard areas, regulatory floodway, and the risk premium zones
applicable to the community. The FIRM shall include any revisions,
amendments, or other modifications that have been duly issued by FEMA.
The official study of a community in which FEMA has conducted
a technical engineering evaluation and determination of local flood
hazards, flood profiles and water surface elevations. The FIRM, which
accompanies the FIS, provides both flood insurance rate zones and
base flood elevations, and may provide the regulatory floodway limits.
The FIS shall include any revisions, amendments, or other modifications
that have been duly issued by FEMA subsequently to the issuance of
the current official study.
A general and temporary condition of partial or complete
inundation of normally dry land areas from:
The overflow of inland waters.
The unusual and rapid accumulation of runoff or surface waters
from any source.
Mud slides which are proximately caused or precipitated by accumulations
of water on or under the ground.
The collapse or subsidence of land along the shore of any 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 by some similarly unusual and enforceable
event which results in flooding.
The Floodplain Administrator shall be the Town Planner.
Any combination of structural and nonstructural additions,
changes, or adjustments to structures which reduces or eliminates
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; more practically as delineated on, and thereby defined by,
the FIRM. For the purposes of these regulations, the term "regulatory
floodway" is synonymous in meaning with the term "floodway."
The top surface of an enclosed area in a building (including basement) i.e., top of slab in concrete slab construction or top of wood flooring in wood frame construction. The term does not include the floor of a garage used solely for parking vehicles provided the structure complies with the design standards contained in § 470-602H(4), Elevated buildings.
A facility which cannot be used for its intended purpose
unless it is located 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: a) 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; b) 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; c)
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 d) Individually listed on a local inventory
of historic places in communities with historic preservation programs
that have been certified either: 1) By an approved state program as
determined by the Secretary of the Interior or 2) Directly by the
Secretary of the Interior in states without approved programs.
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.
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
lot 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.
The market value of a structure as of a particular date shall
be determined by the Town Assessor as follows: the basis shall be
the market value of the subject tax parcel at the most recent revaluation
date and as determined by such revaluation; which value shall be adjusted
or trended forward to said particular date through the use of a sales/assessment
ratio study provided by the State of Connecticut Office of Policy
and Management, thereby resulting in a market value of the subject
parcel as of the particular date in question; the market value of
the subject structure shall then be determined by calculating the
proportion of subject parcel's market value at said revaluation
date that is attributable to the subject structure, and applying this
proportion to the said market value of the parcel as of the particular
date in question. (e.g., Say the market value of a subject parcel
at the last revaluation was $200,000, and applying the provided sales/assessment
ratio resulted in a market value of the parcel as of the particular
date in question equal to $250,000; further, say the portion of the
parcel value at revaluation attributable to the main structure was
$140,000, then the proportion of the structure's value to the
parcel value would be 140,000/200,000 = 70%; finally, the market value
of the structure as of the particular date in question would be equal
to $250,000 x 70% = $175,000.)
As defined for the North American Vertical Datum of 1988
(NAVD 1988), to which all elevations associated herewith, including
BFEs, are, or are to be, referenced.
Structures or development for which the "start of construction"
commenced on or after the effective date that floodplain management
regulations were originally adopted by Canton, and includes any subsequent
improvements to such structures or development.
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 lot grading or the pouring
of concrete pads) is completed on or after the effective date that
floodplain management regulations were originally adopted by Canton.
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 towed 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.
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 BFEs provided on the flood profiles in the FIS for a
community. BFEs provided on 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 on a FIRM.
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 lot, 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 include excavation for a basement,
footings, piers, or foundations or the erections of temporary forms;
not 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 aboveground,
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.
Any combination of repairs, reconstruction, or improvement
of 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, 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. This term does not 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
alternation 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 regulation 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 regulations. A structure
or other development without required permits, lowest floor elevation
documentation, flood-proofing 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 and riverine
areas.
E.
General provisions.
(1)
Abrogation and greater restrictions. This regulation is not
intended to repeal, abrogate or impair any existing easements, covenants,
or deed restrictions. However, where this regulation and another ordinance,
regulation, easement, covenant or deed restriction conflict or overlap,
whichever imposes the more stringent restrictions shall prevail.
(2)
Severability. If any section, subsection, paragraph, sentence,
clause, or phrase of this regulation should be declared invalid for
any reason whatsoever, such decision shall not affect the remaining
portions of this regulation, which shall remain in full force and
effect; and to this end the provisions of this regulation are hereby
declared to be severable.
(3)
Floodplain district boundaries. The Floodplain Overlay District
on the Zoning Map is defined as being those areas within the bounds
of the SFHA as defined in this section. The Floodplain Overlay District
overlaps other zoning districts. In all areas governed by floodplain
regulations as well as other zoning regulations the more restrictive
of the two will take precedence.
(4)
Floodplain district zones. The Floodplain District is divided into two zones: the floodway as defined in § 470-602D; and the flood fringe defined as the portion of the Floodplain Overlay District of SFHA, which is located outside of the floodway.
(5)
Provisions where BFEs and/or SFHA limits on FIRM are incomplete
or inaccurate:
(a)
In applying SFHA and BFE information under these regulations,
Canton may vary from and/or supplement the FIRM, FIS, and other data
provided by FEMA in particular situations and particular areas and
conditions where/that:
[1]
The FIRM SFHA limits are in error with respect to actual ground
surface elevations;
[2]
Are designated on the FIRM as "Zone A," sometimes herein and
elsewhere referred to as "Approximate Zone A," in that specific BFEs
for the subject area have not been included in the FIS or shown on
the FIRM;
[3]
A watercourse is within a SFHA but does not have floodway limits
delineated or otherwise designated for it;
[4]
Are or may be subject to inundation during the base flood event
but are not designated as within a SFHA by the FIS or FIRM;
[5]
FEMA has notified Canton of and provided to the Town draft revised
NFIP data that is more restrictive than the current effective data;
or
[6]
FEMA has issued advisory flood hazard data following a flood
event data that is more restrictive than the current effective data.
(b)
In such cases, the provisions of this § 470-602E(5), as may be applicable to the particular case, shall be complied with; and the Commission's Engineer and permitting authority shall have the responsibilities and authorities as applicable and necessary to comply with the provisions of § 470-602E(5).
(c)
Sound engineering and regulatory judgment shall be applied,
in a conservative sense with respect to the purposes hereof, to all
decisions, determinations and actions made or taken hereunder.
(d)
The Floodplain Administrator, directly or through the Commission's
Engineer shall obtain, from federal, state, or other source, review
and reasonably utilize any data or other information available, and
in addition may require from the applicant a site flood-related study
as necessary, that may assist in determining, as applicable and needed,
the BFEs, floodplain limits, floodway limits, and/or any other factor
relevant to meeting the responsibilities, making the decisions and
determinations, and complying with the purposes and objectives set
forth in this section. The same shall be used as long as it:
(e)
The developer of any proposed development is also herby required to comply with the requirements of § 470-602E(5)(c) and (d) above, where applicable, in the preparation and modification of any submitted proposal.
(f)
This § 470-602E(5) shall not be applied to attempt to adjust an existing floodway limit. In FIRM AE zones where a floodway has not been established, no new construction, substantial improvement, repair to a structure that has sustained substantial damage, or encroachment shall be allowed unless and until the applicant complies with one of the following options to the satisfaction of the Administrator:
[1]
Establishes (in addition to other requirements of these Floodplain
District Regulations) that the proposed development will not raise
the water surface elevation of the base flood by greater than one
foot at any point in the community when all existing and anticipated
development is considered cumulatively with this development; or
[2]
Provides the Administrator with floodway data, as pertinent
to the proposed development, prepared and presented in a manner consistent
with the requirements of FEMA for such purposes from which the Town
may adopt a regulatory floodway based on the principle that the floodway
must be able to convey the waters of the base flood without increasing
the water surface elevation more than 1.0 foot above the BFE at any
point within the community; upon such adoption of an applicable regulatory
floodway, then the application process and review can proceed, recognizing
such floodway, as otherwise set forth by these regulations.
(g)
Within Zone A, no new construction, substantial improvement, repair to a structure that has sustained substantial damage, or encroachment shall be allowed unless BFEs are established for the SFHA as relevant to the proposed development, at which point the provisions of § 470-602E(5)(f) shall apply. Where such BFEs cannot be determined, the lowest floor, including basement, of any structure must be elevated (by means other than fill) at least two feet above the highest adjacent grade next to the structure.
(6)
Flood damage liability. The Floodplain District as delineated
herein is based on data gathered according to accepted engineering
standards. It is understood that more extensive flooding may result
from man-made or natural causes, such as ice jams and bridge openings
restricted by debris. This regulation does not imply that areas outside
the Floodplain District or land uses permitted within such district
will be free from flooding or flood damage. This regulation establishes
standards considered reasonable for regulation purposes and shall
not create liability on the part of the Town of Canton for any flood
damages that result from reliance on this regulation or any administrative
decision lawfully made there-under.
(7)
Site development plans. All applications shall include a site development plan as described in § 470-901 of these regulations. In addition the applicant shall provide design and construction data, and when flood proofing is utilized for a particular structure, which is certified by a licensed architect or engineer demonstrating that the least practicable hazard or detrimental change will result from the proposed use. A site development plan shall show the elevation (in relation to mean sea level) of the lowest floor (including basements) of all new or substantially improved floodproofed structures.
(8)
Subdivisions. If a proposed subdivision, including the placement
of a manufactured home park or subdivision, is located in a SFHA the
following requirements shall apply:
(a)
All subdivision proposals shall be consistent with the need
to minimize flood damage;
(b)
All subdivision proposals shall have public utilities and facilities
such as sewer, gas, electrical and water systems located and constructed
to minimize flood damage;
(c)
All subdivision proposals shall have adequate drainage provided
to reduce exposure to flood hazards; and
(d)
In all special flood hazard areas where base flood elevation
(BFE) data is not available, the applicant shall provide a hydrologic
and hydraulic engineering analysis performed by a professional engineer
that generates BFEs for all subdivision proposals and other proposed
development, including manufactured home parks and subdivisions. The
applicant shall provide BFE data for all subdivision proposals, including
manufactured home parks and subdivisions.
(9)
Structures already in compliance. A structure or development
subject to regulation under and already in compliance with these regulations
shall not be made noncompliant by any alteration, modification, repair,
reconstruction or improvement. No structure, structural feature, or
land subject to regulation hereunder shall hereafter be located, extended,
converted, modified or structurally altered without the same being
in full compliance with the terms of these regulations and other applicable
regulations.
(10)
Floodplain Management Administrator. The Director of Planning
is hereby designated the Floodplain Management Administrator (the
Administrator) for the Town of Canton, and is hereby appointed to
administer, implement and enforce the provisions of these regulations.
In the event 1) the position of Director of Planning is vacant, 2)
the Director of Planning is unavailable to fulfill the duties and
responsibilities set forth within these regulations for an extended
period of time exceeding five consecutive working days, or 3) the
Director of Planning is not readily available and the Zoning Enforcement
Officer deems that an enforcement or emergency situation requires
attention prior to the time the Director of Planning is likely to
become available to address the subject situation, then the Zoning
Enforcement Officer shall have the authority and responsibility to
act for and in the capacity of the Director of Planning in respect
to these regulations. The duties, responsibilities and authority of
the Floodplain Management Administrator hereunder shall include, but
not be limited to:
(a)
Fully and properly administer, implement, and enforce these
regulations.
(b)
Delegate applicable portions of such administration, implementation,
and enforcement to the Zoning Enforcement Officer and/or the Building
Official as may be appropriate to the purposes of these regulations.
(c)
Engage the Commission's designated consultant engineer, or, in the absence thereof, such consultant engineer as may be deemed by the Administrator available and appropriate for such engagement, to assist the Administrator in making reviews, evaluations, determinations, and other technical matters relating to the administration of these regulations; and to pass the expense to the Town for any such engagement to the applicant pursuant to Chapter 248 of the Town of Canton Town Code, as amended.
(d)
Notify the regional planning agency and affected municipality
at least 35 days prior to a public hearing if any change of regulation
or use of a flood zone will affect an area within 500 feet of another
municipality.
(e)
Notify the adjacent communities and the Connecticut Department
of Energy and Environmental Protection (CTDEEP), Inland Water Resources
Division, prior to any alteration or relocation of a watercourse,
and submit evidence of such notification to the Federal Emergency
Management Agency.
(f)
Assure that maintenance is provided within the altered or relocated
portion of said watercourse so that the flood carrying capacity is
not diminished.
(g)
Where interpretation is needed as to the regulatory location
of any boundaries of the SFHA, the Administrator shall make necessary
interpretation based upon the information reasonably available at
the time of such determination. Any person contesting the location
of the boundary from such determination shall be given a reasonable
opportunity to appeal the interpretation as provided in these regulations.
(h)
All records pertaining to the provisions of these regulations
shall be received, obtained and maintained in the office of the Director
of Planning.
(i)
Require and, upon completion of the permitted development and
prior to issuance of any certificate of occupancy associated therewith,
or as otherwise appropriate, receive necessary as-built surveys (prepared
by a Connecticut licensed professional as per Connecticut State Statutes)
and engineering and architectural certifications demonstrating compliance
with the approved plans, standards, and other requirements as set
forth herein.
F.
Floodway.
(1)
Floodway protection. The floodway, as defined in § 470-602D, represents an extremely hazardous area due to the velocity of floodwaters which carry debris and potential projectiles and exerts forces that increase the risk of damage to structures and facilities and for erosion. The floodway also serves as the primary flood flow conveyance area. For these reasons, protection of the floodway from alterations or encroachments is of primary importance to the public welfare.
(2)
No increase in water surface elevation. No encroachments, including
fill, new construction, substantial improvements, repairs to substantially
damaged structures, or other development, shall be permitted within
the floodway unless it is demonstrated by the applicant including
preparation and certification by a professional engineer using appropriate
technical hydrologic and hydraulic analysis and evaluation procedures
in accordance with standard engineering practice, and providing appropriate
technical support information, that any such encroachment shall not
result in any (0.00 feet) increase in water surface elevation during
the occurrence of the base flood discharge.
(3)
Additional provisions for all floodway development. New development
within the floodway is strongly discouraged. However, where development
is allowed, the following provisions shall apply:
(a)
The determination of the need for an engineering technical analysis to demonstrate compliance with § 470-602F(2), is solely at the discretion of the Floodplain Management Administrator.
(b)
All other applicable provisions of these Floodplain Management
Regulations shall apply to and be complied with.
(c)
The subject development shall not present any new significant
obstruction to flood flows.
(d)
The subject development or activities shall not involve significant
clearing of land or removal of trees such that the cumulative result
may significantly increase flow velocities within the floodway during
a base flood event.
(e)
The subject development shall not involve the significant planting
of trees, large shrubs, or other such vegetation which may cumulatively
present an obstruction to flood flows.
(f)
No items or materials introduced to the floodway as a result
of any such development or activity shall be subject to transport
by floodwaters; anchoring shall be proposed and may be required as
appropriate.
(g)
No items or materials introduced to the floodway as a result
of any such development or activity shall pose a pollution threat
to floodwaters.
(h)
The subject development and activities shall not significantly
increase the likelihood of erosion during flood flows, and shall be
implemented so as to minimize erosion.
(i)
The Floodplain Management Administrator, at his or her sole
discretion, may refer any application containing floodway development
to the Commission. The Commission may hold a public hearing, provided
the timeframes of C.G.S. § 8-7(d) are complied with.
(4)
Insignificant minor development. Notwithstanding the provisions of § 470-602F(2), certain insignificant, minor developments within the floodway, such as (with all items or installations being oriented to minimize interference with flood flows) installation of a mailbox, flagpole, sign, or other such small diameter item, gardening, minor landscaping, open-structured play equipment, fences oriented with the general flood flow and that allow reasonable flow of water through the fence at elevations below one foot above the BFE, fences not oriented with the general flood flow that collapse or otherwise are or render themselves (while being properly anchored) as minimal obstructions to flood flow at elevations below one foot above the BFE, and routine maintenance, may be exempt from the requirement of obtaining a site development plan under these Flood Management Regulations, provided such development or activities meet with all of the following:
(a)
The provisions of § 470-602F(3) are complied with.
(b)
The Administrator determines that the subject development is
likely, due to its insignificance, to have effectually no impact on
the flood carrying capacity of the floodway.
(c)
The subject development or activities do not involve filling,
significant regrading, or the introduction of any materials to be
placed in mass over any significant area within the floodway except
plantings and top dressing materials associated with gardening and
similar landscaping activities.
(d)
The subject development or activities shall not in any way alter
or encroach upon any watercourse.
(e)
The cost of the subject development, or value thereof as determined
by the Administrator, shall not exceed $1,000, where such cost or
value does not include the cost of land or rights acquisition, design,
permitting, or similar nonconstruction or nonimprovement related costs,
or, in the case of fences specially designed to allow the passage
of flood flows, the additional cost of such special features.
(f)
In the event that any development or activity that has been determined by the Administrator to be exempt from the requirement of a permit under this § 470-602F(4), or is otherwise pursued or enacted under the guise thereof, is prosecuted, completed, or otherwise found not in compliance with the provisions of this § 470-602F(4) or any other provisions of these Floodplain Management Regulations, then the Administrator shall have the authority to:
[1]
Take enforcement action in accordance with these regulations;
[2]
Require any and all noncompliance to be corrected or removed
and restored to preexisting condition; and
[3]
Require that any corrective, remaining, or other future activities
be permitted in accordance with these regulations, with any exemptions
hereunder no longer being applicable.
(5)
Minimal impact uses. Notwithstanding the provisions of § 470-602F(2), the following limited agriculture-related uses within the floodway may be may be exempt from the requirement of obtaining a site development plan under these Flood Management Regulations, provided any such use and activities associated therewith meet with the requirements of listed provisions § 470-602F(4)(a), (b), (c), (d) and (f):
(a)
The cultivation of crops, orchards, and pastures are allowed.
(b)
Limited, closely managed forestry is allowed.
(c)
For clarification purposes, the above uses do not include the
introduction or expansion of structures (temporary or permanent),
the storage of equipment or materials, or the construction of access
roads that involves fill or significant grading.
(6)
Uses allowed by site development plan in the floodway. The following uses are allowed within the floodway by approval of a site development plan provided that the provisions of § 470-602F(2) and (3) are complied with:
(a)
Private or public open space recreational uses, such as parks,
play fields, or preserves; but specifically not including shooting
ranges.
(b)
New and replacement water supply systems which shall be designed
to not allow infiltration of floodwaters into the system.
(c)
New and replacement sanitary sewage systems which shall be designed
to minimize or eliminate infiltration of floodwaters into the system
and to not allow discharge from the system into floodwaters; on-site
disposal systems shall only be allowed when no other alternative is
feasible and, if allowed, shall be located to avoid impairment to
them or contamination from them during flooding.
(d)
Bridges. All bridges shall be constructed so as to create the
least obstruction feasible. The Commission shall consider a variety
of issues including but not limited to:
(e)
General uses listed under § 470-602F(4) or (5) but for which the specific use/application.
G.
Flood fringe.
(1)
Minimal impact uses and development. The following uses and
development within the flood fringe may be exempt from the requirement
of obtaining a site development plan under these Floodplain Management
Regulations:
(a)
The uses and development allowed within a floodway under § 470-602F(4) and (5) by applying the same criteria and conditions as applicable under those provisions, with the exception of § 470-602F(4)(e) (the cost limitation).
(b)
Outside storage of equipment and material, provided that:
(2)
Special permit uses in the flood fringe. The following uses
shall be allowed within the flood fringe by approval of a site development
plan:
(a)
The uses allowed by site development plan within the floodway under § 470-602F(6).
(b)
The uses allowed within the underlying district, provided that all applicable provisions of these Floodplain Management Regulations and of § 470-602G(2)(c) and (d) below are complied with.
(c)
Residential buildings, new or substantially improved, constructed
on fill, columns, pilings or other acceptable means, provided that:
[1]
The lowest floor, including the basement, is elevated to a height
of one foot or more above the BFE;
[2]
Where the building has been elevated by fill, the fill shall
be extended to a minimum of 15 feet outside of the building footprint
to a minimum height of one foot above the BFE;
[3]
New and replacement water supply systems serving the building
shall be designed to not allow infiltration of floodwaters into the
system; and
[4]
New and replacement sanitary sewage systems which shall be designed
to minimize or eliminate infiltration of floodwaters into the system
and to not allow discharge from the system into floodwaters; on-site
disposal systems shall only be allowed when no other alternative is
feasible and, if allowed, shall be located to avoid impairment to
them or contamination from them during flooding.
(d)
Nonresidential buildings, new or substantially improved, provided
that any subject building:
[1]
Complies with the requirements for residential buildings set forth in § 470-602G(2)(c) above, or in lieu thereof;
[2]
Shall be floodproofed in lieu of being elevated provided that
together with attendant utility, water supply, or sanitary facilities,
the floodproofing of all portions thereof starting at the lowest point
and extending to one foot above the base flood elevation be watertight
with walls substantially impermeable to water; and
[3]
All structural components are capable of resisting the anticipated
hydrostatic and hydrodynamic loads and effects of the floodwaters
and buoyancy; and
[4]
A certification is provided by a Connecticut registered professional
engineer or architect (as applicable) that all of the applicable provisions
of these Floodplain Management Regulations have been complied with
in the design of the subject development.
H.
Standards. In all areas of special flood hazard the following provisions
are required:
(1)
All proposed construction and other development shall be reviewed
to:
(a)
Assure that all necessary permits have been received from other
state and federal agencies from which approval is required;
(b)
Determine whether proposed building sites will be reasonably
safe from flooding;
(c)
Require new and replacement water supply systems and sanitary
sewage systems designed to minimize or eliminate infiltration of floodwaters
in to the systems and discharges from the systems into floodwaters.
Require on-site waste disposal systems shall be located and constructed
to avoid impairment to them or contamination from them during flooding;
and
(d)
Obtain from the applicant certified by a professional land surveyor
and maintain records of the lowest floor and floodproofing elevations
for new construction and substantial improvements for all structures
constructed, improved, or repaired under these Floodplain Overlay
District Regulations.
(2)
New construction and substantial improvements shall be:
(a)
Anchored to prevent flotation, collapse or lateral movement
of the structure resulting from hydrodynamic and hydrostatic loads,
including the effects of buoyancy;
(b)
Constructed with materials resistant to flood damage;
(c)
Constructed by methods and practices that minimize flood damage;
and
(d)
Constructed with electrical, heating, ventilation, plumbing,
air conditioning equipment, HVAC ductwork, and other service facilities,
or any machinery or utility equipment or connections servicing a structure
shall be elevated to or above the base flood elevation (BFE) to prevent
water from entering or accumulating within the components during conditions
of flooding. This includes, but is not limited to, furnaces, oil or
propane tanks, air conditioners, heat pumps, hot water heaters, ventilation
ductwork, washer and dryer hook-ups, electrical junction boxes, and
circuit breaker boxes.
(3)
Manufactured homes shall be installed using methods and practices
which minimize flood damage. For the purposes of this requirement,
manufactured homes:
(a)
Shall be placed so as to resist flotation, collapse or lateral
movement;
(b)
Shall be elevated to have the lowest floor elevated at a height
of one foot or more above the base flood elevation; and
(c)
Shall be placed on a permanent foundation which itself is securely
anchored and to which the structure is securely anchored. Anchoring
may include, but not be limited to, the use of over-the-top or frame
ties to ground anchors.
(d)
The above standards shall apply to all newly placed or substantially
improved manufactured homes located in SFHA, including manufactured
homes located outside a manufactured home park or subdivision, located
in a new manufactured home park or subdivision, located in an existing
manufactured home park or subdivision, located in an expansion to
an existing manufactured home park or subdivision, or located on a
site in an existing park which a manufactured home has incurred substantial
damage as a result of a flood.
(4)
Elevated buildings that include fully enclosed areas formed
by foundation and other exterior walls below the base flood elevation
shall not be designed for habitable space and shall be designed to
allow for the entry and exit of floodwaters to automatically equalize
hydrostatic flood forces on exterior walls. Designs for complying
with this requirement shall be certified by a professional engineer
or architect or meet the following minimum criteria:
(a)
Provide 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;
(b)
The bottom of all openings shall be no higher than one foot
above grade; and
(c)
Openings may be equipped with screens, louvers, valves or other
coverings or devices provided they permit the automatic flow of floodwaters
in both directions.
(5)
Recreational vehicles. All recreational vehicles placed on lots
within the floodplain must either:
(a)
Meet the elevation and anchoring requirements of a manufactured
home, or
(6)
Compensatory storage. The water-holding-capacity of the floodplain
shall not be reduced by any form of development such that the same
results, or may result, in any increase in the flood hazard potential
upstream or downstream, unless such reduction A) is compensated for
by deepening or widening the floodplain, B) is on-site, or if adjacent
property owners grant easements and the municipality in which the
development is located authorizes such off-site compensation, C) is
within the same hydraulic reach and a volume not previously used for
flood storage, D) is hydraulically comparable and incrementally equal
to the theoretical volume of floodwater at each elevation, up to and
including the 100-year flood elevation, which would be displaced by
the proposed project, and E) has an unrestricted hydraulic connection
to the same waterway or water body.
(7)
Equal conveyance. Development within the SFHA shall not result
in any increase in flood stage or velocity that results, or may result,
in any increase in the flood hazard potential upstream or downstream.
(8)
Aboveground storage tanks (oil, propane, etc.) which are located
outside or inside of the structure must either be elevated above the
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.
(9)
Portions of a structure in a flood zone. If any portion of a
structure lies within the 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.
(10)
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. 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.)
I.
Approval.
(1)
In reviewing applications for a site development plan in the
floodway or flood fringe, the Commission will consider such issues
as:
(a)
Danger to life and property due to increased flood height or
velocity;
(b)
Alteration or obstruction of the flood flow or the flood storage;
(c)
Risk to environmental systems;
(d)
Prevention of potential for hazardous debris;
(e)
Extraordinary public risk or expense; and
(f)
The effects of a proposed use in light of an equal degree of
encroachment extending for a significant reach on both sides of the
floodway.
(2)
In acting upon an application for a site development plan in the flood fringe, the Commission will consider all criteria set forth in § 470-901.
(3)
No watercourse located within the SFHA shall be altered or relocated,
or application proposing the same approved, without the securing of
all appropriate permits (which appropriate permits include an inland
waters diversion permit) from the Connecticut Department of Energy
and Environmental Protection by the applicant for the same. The applicant
must assure that maintenance is provided within the altered or relocated
portion of said watercourse so that the flood-carrying capacity is
not diminished. The applicant shall also be responsible for providing,
and documenting, notifications to adjacent communities and the Federal
Emergency Management Agency regarding the same.
J.
Post development requirements:
(1)
Where any result of construction or other development activity is a noncompliance with any provision of these regulations, the provisions of § 470-602L of these regulations shall apply; and notwithstanding the same:
(2)
Where any result of construction or other development activity
is a noncompliance with any provision of these regulations, the same
shall be appropriately corrected by the applicant in a timely manner,
unless a variance for the same is appropriately acquired in accordance
with the applicable provisions of these regulations.
(3)
Where such noncompliance is significant, the Floodplain Administrator
may require that any applicable task, effort, and/or submittal associated
with the original permit application be revised, re-performed, recreated,
or otherwise corrected or adjusted accordingly; and the Floodplain
Administrator may require that plans, descriptions, and/or other information
for the same be submitted, and approved, which approval, at the discretion
of the Floodplain Administrator, may be administrative or through
the Commission, prior to commencement of any portion of any non-temporary
corrective work or actions contemplated. In association with any of
the same, the Floodplain Administrator may engage the consultation
of the Commission's Engineer, at the sole pre-paid expense of
the applicant, for evaluation or review.
(4)
Notwithstanding any such required approval and any time necessary
to acquire and effectuate the same, the applicant is and remains responsible
for any such noncompliance and any adverse effects, damages, and/or
liabilities that result from the same. The applicant shall take whatever
interim measures are necessary to prevent damage or other adverse
effects as a result of any such noncompliance; and is responsible
to give proper notice and information of any such interim measures
to the Commission's Engineer prior to commencing the same, and
to keep the Commission's Engineer properly informed of the status
of the same until such time as any such issue has been satisfactorily
resolved.
K.
Variances.
(1)
Procedures and process.
(a)
The Zoning Board of Appeals (ZBA) shall hear and decide appeals
and requests for variances from the requirements of this regulation.
(b)
The ZBA shall hear and decide appeals when it is alleged there
is an error in any requirement, decision or determination made by
the Floodplain Administrator in the enforcement or administration
of this regulation.
(c)
Any person aggrieved by the decision of the ZBA or any person
owning land which abuts or is within a radius of 100 feet of the land
in question may appeal within 15 days after such decision to the State
Superior Court of Hartford District, as provided in § 8-8
of the General Statutes of Connecticut.
(d)
The Floodplain Administrator shall maintain the records of all
appeal actions and report any variances to the FEMA upon request.
(2)
Specific situation variances.
(a)
Buildings on a historic register. Variances may be issued for
the reconstruction, rehabilitation or restoration of structures listed
on the National Register of Historic Places, the State Inventory of
Historic Places, or any locally adopted historic district without
regard to the procedures set forth in the remainder of this section
and provided the proposed reconstruction, rehabilitation or restoration
will not result in the structure losing its historical designation.
(b)
Functionally dependent use or facility. Variances may be issued for new construction and substantial improvements and other development necessary for the conduct of a functionally dependent use or facility provided the structure or other development is protected by methods that minimize flood damage, creates no additional threat to public safety and meet all the requirements of § 470-602K(3).
(c)
Floodway prohibition. Variances shall not be issued within any
designated floodway if any increase in flood levels during the base
flood discharge would result.
(3)
Considerations for granting of variances. In passing upon applications for variances in accordance with § 470-602K, the ZBA shall consider all technical evaluations, all relevant factors, all standards specified in other sections of this regulation and the items listed below as Subsection K(3)(a) through (k). Upon consideration of these factors and the purposes of this regulation, ZBA may attach such conditions to the granting of variances as it deems necessary to further the purposes of this regulation.
(a)
The danger that materials may be swept onto other lands to the
injury of others;
(b)
The danger to life and property due to flooding or erosion damage;
(c)
The susceptibility of the proposed facility and its contents
to flood damage and the effect of such damage on the individual owner;
(d)
The importance of the services provided by the proposed facility
to the community;
(e)
The necessity of the facility to waterfront location, in the
case of a functionally dependent facility;
(f)
The availability of alternative locations not subject to flooding
or erosion damage for the proposed use;
(g)
The compatibility of the proposed use with existing and anticipated
development;
(h)
The relationship of the proposed use to the comprehensive plan
and floodplain management program for that area;
(i)
The safety access to the property in times of flood for ordinary
and emergency vehicles;
(j)
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 lot; and
(k)
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.
(4)
Conditions for variances.
(a)
Variances shall only be used upon a determination that the variance is the minimum necessary to afford relief considering the flood hazard; and in the instance of a historical building, a determination that the variance is the minimum necessary as not to destroy the historic character and design of the building and result in the loss of historic designation of the building. Variances shall be reviewed in accordance with the standards of § 470-906 in addition to the requirements of this section.
(b)
Variances shall only be used upon:
[1]
A showing of good and sufficient cause;
[2]
A determination that failure to grant the variance would result
in exceptional hardship; and
[3]
A determination that the granting of a variance will not result
in increased flood heights, additional threats to public safety, extraordinary
public expense, create nuisance, damage the rights or property values
of other persons in the area, cause fraud on or victimization of the
public, or conflict with existing local laws, ordinances or regulations.
[4]
Only hardships that are based on unusual or unique physical characteristics of the property in question, characteristics that are not shared by adjacent parcels, shall quality to meet Subsection K(4)(b)[2] above. Claims of hardship based on the structure, on economic gain or loss, or on personal or self- created circumstances are not sufficient cause for the granting of a variance.
(c)
No variance may be issued within a regulatory floodway that
will result in any increase in the 100-year flood levels. A variance
may be issued for new construction, substantial improvements and other
development necessary for the conduct of a "functionally dependent
use" provided that there is good and sufficient cause for providing
relief; and the variance does not cause a rise in the 100-year flood
level within a regulatory floodway. The structure and other development
must be protected by methods that minimize flood damages.
(d)
Any applicant to whom a variance is granted shall be given written
notice that the structure will be permitted to be built with the lowest
floor elevation below the BFE and the elevation, and that the cost
of flood insurance will be commensurate with the increased risk resulting
from the lowest floor elevation.
L.
Enforcement.
(1)
Elevation certificate required. No zoning permit or certificate
of zoning compliance shall be issued for any new construction or substantial
improvement within a SFHA without the submission of an elevation certificate
signed and sealed by a land surveyor, engineer, or architect authorized
by law to certify elevation information.
(2)
Each site development plan issued in a floodplain shall authorize,
as a condition of approval, the Floodplain Administrator or designated
agents to make inspections of the subject property. The Floodplain
Administrator or designated agents are also authorized to inspect
any property in a SFHA where it appears that violations of these regulations
may be taking place.
(3)
If the Floodplain Administrator finds that any person is undertaking
any construction, substantial improvement, filling, or any other activity
or maintaining a condition which is in violation of these regulations,
the Floodplain Administrator shall:
(a)
Issue a written order by certified mail, return receipt requested,
to the subject property owner, ordering that the activity cease and
ordering the property owner to either obtain a site development plan
in the floodplain prior to continuing with the activity or, if appropriate,
ordering that all violations and/or obstructions be removed from the
SFHA immediately.
(b)
Notify the Building Official and Zoning Enforcement Officer
and request that any permit(s) in force be revoked or suspended and
that a stop work order be issued, in his/her capacity as Zoning Enforcement
Officer, do the same for any zoning permit(s) in force.
(c)
The Floodplain Administrator may suspend or revoke a site development
plan issued under this section if it is found that the applicant has
not complied with the terms, conditions or limitations set forth in
the permit or has exceeded the scope of work as set forth in the application
including application plans. Prior to revoking any permit, the Floodplain
Administrator shall issue notice to the permittee, personally or by
certified mail, return receipt requested, setting forth the facts
or conduct which warrants the intended action.
(d)
Failure to comply with any written order issued under this section shall be considered a violation of these regulations and is subject to the penalties described in Subsection M.
(e)
In the event violations or obstructions are not promptly removed
from the special flood hazard area (SFHA), the Floodplain Administrator
may cause such removal and remediation work to be performed utilizing
bond money held in escrow, or may direct the director of public works
or appropriate agent to cause such work to be done and to place a
lien against the property.
(f)
Any person subjected to enforcement action pursuant to this regulation, may appeal any requirement, decision, or determination of the Floodplain Administrator to the ZBA, in accordance with § 470-602K of this regulation. Such person shall provide such information as necessary including appropriate certifications from a registered professional engineer or architect in order to substantiate the claim that the requirement, decision, or determination of the Floodplain Administrator was in error or unwarranted.
(g)
Nothing contained herein shall prevent the owner of a residential
dwelling, commercial or industrial building existing at the time of
the adoption of this regulation from repairing, replacing or restoring
said building or the components thereof to substantially the same
character and form as existed at the time of such adoption.
M.
Penalties for violation.
(1)
Any violation of the provisions of this regulation or failure
to comply with any of its requirements, including violation of conditions
and safeguards established in connection with grant of variances or
site development plans, shall constitute a misdemeanor.
(2)
Any person who violates this regulation or fails to comply with
any of its requirements shall, upon conviction thereof, be fined not
less than 10 nor more than $100 for each day that such violation continues;
but, if the offense is willful, the person convicted thereof shall
be fined not less than $100 nor more than $250 for each day that such
violation continues, or imprisoned not more than 10 days for each
day such violation continues or both, and in addition shall pay all
costs and reasonable legal fees involved in the case.
(3)
Nothing herein contained shall prevent the Town of Canton from
taking such lawful action as is necessary to prevent or remedy any
violation.
A.
Purpose. The Farmington River Protection Overlay (FRPO) District
is intended to establish standards and requirements for appropriate
use and conservation of the land and water resources within the FRPO
District in recognition of the River's designation under the
National Wild and Scenic Rivers Act.
B.
District boundaries.
(1)
The FRPO District is defined as the area within 100 feet of
the ordinary high water mark of either bank of the Farmington River
(River) in Canton (inclusive any river's edge and upland area
within this stretch), from the New Hartford Town easterly and then
southerly (i.e., downstream) on the east bank, to a line extended
west from the center line of Simonds Avenue to the ordinary high-water
mark, and on the west bank, to a line extended east from a point measured
on Collins Road 600 linear feet north of the intersection of Collins
Road and Torrington Avenue to the ordinary high-water mark, and the
area within 50 feet of the ordinary high-water mark of either bank
of the Farmington River in Canton, inclusive of the river's edge
and upland area of that stretch for the remaining bank areas of both
sides of the river from the 100-foot limit to the Bridge Street bridge
across the river.
(2)
The ordinary high-water mark is that point or series of points
along the River's edge where the presence and action of water
are so common as to produce soil and/or vegetation types which are
distinct from that of the abutting upland.
(3)
Where there is a question or dispute over the FRPO District
boundary, the Commission may require an applicant to have the ordinary
high water mark determined by a certified soil scientist and the boundary
shown on a plan prepared by a licensed land surveyor.
C.
Approval required. Lot alterations, regrading, filling, or clearing
of vegetation before approval of any permit or application as required
under this regulation shall be a violation of these regulations and
subject to penalties as provided under the C.G.S., as amended.
D.
Uses permitted by right. The following uses are permitted by right to the extent they are not prohibited by any other ordinance or regulation and that they comply with § 470-603G.
(1)
The planting of perennial native species within the District,
especially where exposed soil and steep slopes (greater than 25%)
exist.
(3)
Maintenance and protection of existing residential accessory
uses including lawns, gardens, play areas and sealed water supplies
with buffer plantings.
(4)
Fish and wildlife management practices approved by the ZEO,
upon the submission of a plan approved by the North Central Conservation
District.
(5)
Maintenance of an agricultural activity which is in existence
on the effective date of this regulation.
E.
Uses permitted by zoning permit.
(1)
Any permit use permitted by zoning permit in the underlying
zoning district, provided that such use or activity is consistent
with the overall purpose of the FRPO District and the specific standards
of this section.
(2)
Selective pruning or removal of trees of a caliper of four inches
or less to meet:
(a)
Maintain a filtered view of the River from a principal structure;
(b)
Provide pedestrian access to the River by means of a meandering
footpath;
(c)
Remove dead, diseased, unsafe or fallen trees noxious and invasive
plants and shrubs; and/or
(d)
Promote the health and vitality of existing vegetation.
(3)
State, municipal and quasi-municipal improvements and operations
which unavoidably must encroach into the FRPO District, provided that
there is no practical or feasible alternative for the provision of
the needed improvement or operation outside of the FRPO District and
that all measures will be taken to minimize any adverse impact of
such improvement or operations including without limitation:
(a)
Rehabilitation, replacement or upgrading of existing infrastructure
elements including bridges, water, sewer and power lines, and drainage
facilities;
F.
Special permit uses.
(1)
Any special permit use permitted in the underlying zoning district,
provided that such use or activity is consistent with the overall
purpose of the FRPO District and the specific standards of this section.
(2)
Removal of trees (four inches or greater in caliper), including
the:
(a)
Removal of vegetation to create a filtered view of the River
by selective pruning;
(b)
Removal of trees in excess of four inches in caliper; or,
(c)
Cutting of timber for forestry management or any other purposes,
provided that any removal:
[1]
Is conducted in accordance with a forest management plan prepared
by a professional forester and approved by the Commission;
[2]
Is accomplished without creating any instability of the riparian
areas immediately adjacent to the area of tree removal;
[3]
Is consistent with the vegetative cutting provisions of the
Inland Wetland and Watercourses Agency Regulations; and
[4]
Allows for reasonable visual access to the River while maintaining,
to the greatest extent possible, natural screening of man-made structures
or objects as viewed from the River.
(3)
State, municipal and quasi-municipal improvements and operations
which unavoidably must encroach into the FRPO District, provided that
there is no practical or feasible alternative for the provision of
the needed improvement or operation outside of the FRPO District and
that all measures will be taken to minimize any adverse impact of
such improvement or operations including without limitation:
(a)
Enlargement, relocation, or redistribution of highway maintenance
facilities;
(b)
Water supply pump stations, storage reservoirs, tanks and stand
pipes and associated structures;
(c)
Community facilities, owned and operated by a government agency,
that enhance and rely upon river resources for their purpose and function;
and
(d)
Rehabilitation, replacement or upgrading of existing canals,
mill ponds, and dams generally, but also incorporating fish ladders
and hydroelectric facilities.
G.
River protection standards.
(1)
Any activity within the FRPO District shall be designed and
conducted to minimize disturbance within the FRPO District, especially
between the River and the existing building or structure.
(2)
In no case shall the Commission permit the existing and proposed
area which is or will be improved, regraded, or disturbed, including
during construction, to equal or exceed 50% of the total area of the
FRPO District on any such existing lot.
(3)
Clear cutting of trees and shrubs is prohibited.
A.
Purpose.
(1)
The Municipal, Community, and Public Facilities (MCPF) District
is intended to provide for essential services to the community while
protecting the character of the Town and properties in close proximity
to these facilities. These services include public and community uses
generally provided by the Town of Canton, community volunteers, or
other quasi-public entities that serve a public purpose and address
a public need. Examples include but are not limited to: a community
center; fire stations; public libraries; facilities for public utilities;
Town park/recreation fields/playground; police stations; public schools;
public works facility; and other emergency response needs.
(2)
The Town of Canton contains a varied topographical landscape,
extensive natural resources, limited infrastructure, limited access
to water and sewer, and a variety of distinct neighborhoods and communities
that are a fundamental component of the Town's unique character.
The intent of this MCPF District is to maintain substantial control
over where and how such uses will be located, and to establish clear
standards under which nearby residential and nonresidential areas
shall be protected.
B.
NONRESIDENTIAL LOT
RESIDENTIAL DISTRICT
RESIDENTIAL LOT
Definitions. For the purpose of this section the following definitions
shall apply:
A lot located in a district other than Article III, and does not contain an existing residence.
A residence district as described within Article III.
A lot containing an existing residence or a lot located in
a residential district.
C.
Uses permitted by site plan approval (Commission). The following
uses are permitted as of right in the MCPF District with the approval
of a site plan:
D.
Uses permitted by special permit (Commission). The following use
may be permitted by special permit subject to the requirements of
this section:
(1)
Municipal buildings, structures and uses (excepting correctional
institutions or facilities for persons receiving mental health services,
which are subject to the provisions of C.G.S. § 8-3e) as
follows:
(a)
Parks, recreation fields and playgrounds including buildings;
(b)
Administrative buildings such as a Town Hall, Board of Education
District Offices, community centers, and public libraries;
(c)
Fire stations; police stations; and other emergency response
facilities;
(d)
Public works facilities; waste transfer stations, resource recovery
centers, and bulky waste disposal areas; facilities for public utilities
under the jurisdiction of the Town;
(e)
Utility facilities, water supply and water pollution control
facilities (including treatment and filtration systems, pump stations,
storage reservoirs, tanks and stand pipes and appurtenant structures)
and other utility facilities and substations (including new facilities
and any major expansion of or addition to existing facilities); and
(f)
Other municipal facilities not otherwise identified by this
section.
(2)
Educational institutions, public or private schools.
(3)
Buildings, structures and uses that serve a public purpose (excluding
uses carried on primarily for profit) that would normally be constructed
by and/or operated by the municipality, but which are under the auspices
of a quasi-municipal entity.
(4)
Other institutions. Places of worship, cemeteries, convalescent
home, residential health care facility, skilled nursing facility,
rehabilitation facility, assisted living facility, congregate housing,
and similar uses.
(5)
Accessory uses:
(b)
Any building or accessory use customarily incidental to a permitted
use;
(c)
Reasonable and appropriate off-street parking for more than 20 vehicles and loading facilities in accordance with §§ 470-604E(6) and 470-702 and as may be modified by the Commission in each instance based upon a review of the specific location, design and circumstances of the existing and/or proposed use;
(d)
Accessory food services, consisting of the sale of prepared
food for consumption on the premises by visitors and employees; and
(e)
Day-care center located within a places of worship, club, or
public building provided that the Commission finds the criteria of
§ 470-401C(7)(b) has been met.
E.
Standards.
(1)
Access. Lots designated as a MCPF District may be divided by
a public or private road or strip of land provided legal access is
established to and from each of the lots.
(2)
Other considerations. In determining the appropriateness of
the location of MCPF districts the Commission shall consider, in addition
to all other applicable regulations, the following factors:
(a)
The public need for the facility;
(b)
The accessibility to state highways and major Town roads;
(c)
The physical characteristics of the lot;
(d)
The availability of sufficient infrastructure to support the
district or use, or the ability to provide new on-site infrastructure
to support the MPCF district; and
(e)
The proximity to developments of a similar or dissimilar nature.
(3)
Area and dimensional standards. Lot area, frontage, size and
coverage for buildings and other support structure improvements shall
be developed in accordance with the following table:
|
Table 470-604E
MCPF District - Dimensional Standards
| ||
|---|---|---|
|
Minimum lot area:
|
None
| |
|
Minimum frontage:
|
→
|
Lots shall provide unobstructed rights of access to a public
highway at least 30 feet in width.
|
|
Minimum front yard setback:
|
20 feet
| |
|
Minimum side yard setback:
|
15 feet
|
Minimum side and/or rear yard may be increased by the Commission after finding such increase is necessary to protect the reasonable use and value of adjacent lots. Such increase in side or rear yard setbacks shall not exceed the supplemental setback requirements of § 470-604E(6).
|
|
Minimum rear yard setback:
|
25 feet
| |
|
Maximum height:
|
40 feet
|
The maximum height may be increased by the Commission provided
such height does not jeopardize the ability of occupants to escape
or be rescued in the event of fire. In order to grant such an increase,
the Commission shall require the written opinion of the Fire Marshal
as to the fire safety aspects the increased height would involve.
|
|
Maximum building coverage:
|
25%
|
The maximum building coverage and impervious surface may be
increased, up to no more than 60%, by the Commission provided the
Commission finds that such additional coverage will not increase the
off-site stormwater runoff.
|
|
Maximum impervious coverage:
|
50%
| |
(4)
Access streets and sidewalks.
(a)
The placement, size, arrangement and use of access streets and
sidewalks to public or private streets shall be adequate to serve
residents and provide no hindrance to the safe use of existing or
proposed streets and structures.
(b)
At least two sides of a building, excepting accessory structures
used for the storage of sand and salt, shall be served by a roadway,
parking lot, or interior walk of sufficient width and construction
to serve emergency vehicles and apparatus.
(6)
Parking.
(a)
Due to the unique nature of the uses and the fact that many
of the facilities may serve more than one function or use, and because
it is not unusual for such facilities to be the location of special
events, the number adequacy of on-site parking spaces shall be subject
to a determination by the Commission taking into consideration of
most activities and events to take place on the lot.
(b)
All parking shall be set back at least 10 feet from the lot
line, except for lot lines which adjoin a residential lot, in which
case the parking shall be set back at least 25 feet from such lot
line.
(c)
Parking lots shall include reasonable and appropriate landscaping, screening and buffering provided in accordance with § 470-701.
(d)
Parking lots or buildings visible from adjoining residential
lots, at the same or similar grade shall be screened from view, insofar
as practical, through the use of landscaped berms, landscaped buffer
areas, fences and/or existing vegetation.
(e)
Such screening required under this section may be modified or
eliminated by the Commission in each instance based upon a review
of the specific location, design and circumstances of the proposed
use. If existing vegetation does not include year-round foliage, the
Commission may require plantings of conifers such as spruces and firs
to maintain year round screening.
(f)
Any loading area, outdoor vehicle service area, outdoor material
storage areas, or any area that would require repetitious forward
and backward movements of large vehicles and heavy equipment shall
be located at least 100 feet from any lot lines which adjoin a residential
lot. Vehicle circulation necessary to access the above mentioned areas
which does not include repetitious forward and backward vehicle movements
shall not be subject to the setback identified herein.
(7)
Buffer yards. Each front, side and rear lot line shall be paralleled
by a buffer yard containing landscaped areas, (excluding access drives).
(a)
Buffer yards adjacent to a residential lot shall include a landscaped
area at least 25 feet in width, densely planted and designed to minimize
year round visual impacts of the development from such adjacent residential
lots. (See Buffer Yard C in Table 470-701D.)
(b)
Buffer yards adjacent to a nonresidential lot shall include
a landscaped area at least 10 feet in width, designed to minimize
the visual impacts of the development from such nonresidential lots.
(c)
Existing vegetation and plant materials may be used to meet
all or part of the buffer yard. Existing trees in good condition over
12 inches in caliper shall be preserved unless removal is by the approval
of the Commission in consultation with a professional arborist or,
the Tree Warden if located on municipal property.
(8)
Noise standards. The Commission may consider anticipated noise generation and its effect on surrounding properties as part of the evaluation of a special permit use under § 470-902.
(a)
Stationary equipment. Stationary mechanical equipment, including
but not limited to, refrigeration equipment, heating, ventilating,
and air-conditioning equipment, shall be designed and sited in order
to comply with the Connecticut State Noise Regulations (Regulations
of Connecticut State Agencies, Title 22a, §§ 22a-69-1
to 22a-69-7.4 "Control of Noise").
(b)
Any stationary mechanical equipment generating noise in excess
of 55 decibels, measured at the precise location of the equipment,
shall be located, designed, installed, screened, and maintained in
such a manner that ensures compliance with Connecticut State noise
regulations.
[1]Editor's Note: Former § 470-605, Temporary and
limited moratorium on cannabis establishments, was dissolved upon
the effective date of the regulations adopted 6-10-2022 regarding
cannabis.
