[HISTORY: Adopted by the City Council of the City of West
Haven 4-11-1983 by Ord. No. 201. Amendments noted where applicable.]
A.
The flood areas of the City of West Haven are subject to periodic
inundation which can result in 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 shoreline flood hazard areas subjected
to periodic tidal and storm flooding and the cumulative effect of
obstructions in floodplains, causing increases in flood heights and
velocities, and by the occupancy in flood hazard areas by uses vulnerable
to floods or hazardous to other lands which are inadequately elevated,
floodproofed or otherwise protected from flood damages.
It is the purpose of this chapter to promote the public health,
safety and general welfare and to minimize public and private losses
due to flood conditions in specific areas by provisions designed to:
A.
Restrict or prohibit uses which are dangerous to health, safety and
property due to water or erosion or to flood heights or velocities.
B.
Require that uses vulnerable to floods, including facilities which
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, which are involved in the accommodation
of floodwaters.
D.
Control filling, grading, dredging and other development which may
increase erosion or flood damage.
E.
Prevent or regulate the construction of flood barriers which will
unnaturally divert floodwaters or which may increase flood hazards
to other lands.
The objectives of this chapter are to:
A.
Protect human life and health.
B.
Minimize future expenditure of public money for costly flood-control
projects.
C.
Minimize the need for rescue and relief efforts associated with flooding
and generally undertaken at the expense of the general public.
D.
Minimize prolonged business interruptions.
E.
Minimize damage to public facilities and utilities, such as water
and gas mains, electric and telephone lines, streets and bridges,
located in floodplains.
F.
Help maintain a stable tax base by providing for the sound use and
development of flood-prone areas in such a manner as to minimize future
flood-blight areas.
G.
Make potential home buyers aware that their property is in a flood
area.
In order to fulfill the purposes and objectives set forth, it
is the intent of the City Council to authorize the following management
program.
The Planning and Zoning Commission shall be the administering
agency for the City of West Haven's flood management program.
As such, the Commission will be responsible for adopting and, through
its staff, administering a set of flood hazard area regulations. The
Commission will also be responsible for creating a procedure for obtaining
a permit to carry on regulated activities in a flood hazard area.
Duties of the Director of Planning shall include but not be
limited to the following. He shall:
A.
Review all development permits to assure that the permit requirements
of this chapter have been satisfied.
B.
Review permits for proposed development to assure that all necessary
permits have been obtained from those federal, state or local governmental
agencies from which prior approval is required.
C.
Notify adjacent communities, if affected, and the State of Connecticut
Department of Environmental Protection, Division of Water and Related
Resources, prior to any alteration or relocation of a watercourse
and submit evidence of such notification to the Federal Emergency
Management Agency.
D.
With the assistance of the City Engineer, assure that maintenance
is provided within the altered or relocated portion of said watercourse
so that the flood-carrying capacity is not diminished.
E.
With the assistance of the City Engineer, verify and record the actual
elevation, in relation to mean sea level, of the lowest floor, including
the basement, of all new or substantially improved structures.
F.
With the assistance of the City Engineer, verify and record the actual
elevation, in relation to mean sea level, to which the new or substantially
improved structures have been floodproofed.
G.
In coastal high-hazard areas, obtain certification from a registered
professional engineer that the structure is securely anchored to adequately
anchored pilings or columns in order to withstand velocity waters
and hurricane wave wash.
H.
In coastal high-hazard areas, along with the Building Official, review
plans for the adequacy of breakaway walls.
I.
When floodproofing is utilized for a particular structure, obtain
certification from the applicant's engineer.
J.
When necessary, require the applicant to have an engineer verify
floodproofing and/or structural support methods proposed.
K.
Where interpretation is needed as to the exact location of the boundaries
of the areas of special flood hazard (for example, where there appears
to be a conflict between a mapped boundary and actual field conditions),
request engineering information from the applicant or use available
data to make the necessary interpretation as provided in this section.
L.
When base flood elevation data has not been provided, obtain, review
and reasonably utilize any base flood elevation data available from
a federal, state or other source, including requests for engineering
data from the applicant.
M.
Provide that the standards set forth in the flood hazard area regulations
are fulfilled.
All records pertaining to the provisions of this chapter shall
be maintained in the Planning and Zoning office and shall be open
for public inspection.
The Flood and Erosion Control Board shall be designated as the
Flood Hazard Appeal Board in order to hear any appeals brought before
it by applicants and/or property owners. Said body shall meet at least
quarterly and as necessary to hear any appeals from the flood hazard
area regulations or any decision of the Director of Planning in his
capacity as the administrator of the city's flood management
program.
The Flood Hazard Appeal Board shall hear any appeal brought
before it within 15 working days of its receipt and render a decision
within 45 working days of the completion of the hearing. One extension
of up to 45 working days is permitted if agreed to by the applicant
and the Board. The decision and the reason for it shall be stated
in writing and sent by registered mail to the applicant and delivered
to the Director of Planning. The Flood and Erosion Control Board shall
be authorized to amend its existing rules, regulations and/or bylaws
to accommodate the additional responsibility of being designated the
city's Flood Hazard Appeal Board.
