A.
This article, adopted pursuant to the authority of RSA 674:16, shall
be known as the "Town of Bedford Floodplain Development Ordinance."
The regulations in this article shall overlay and supplement the regulations
in the Town of Bedford Zoning Ordinance, and shall be considered part
of the Zoning Ordinance for purposes of administration and appeals
under state law.
B.
If any provision of this article differs or appears to conflict with
any provision of the Zoning Ordinance or other ordinance or regulation,
the provision imposing the greater restriction or more stringent standard
shall be controlling.
C.
The following regulations in this article shall apply to all lands
designated as special flood hazard areas by the Federal Emergency
Management Agency (FEMA) in its Flood Insurance Study for the County
of Hillsborough, N.H., dated September 25, 2009, or as amended, together
with the associated Flood Insurance Rate Maps dated September 25,
2009, or as amended, which are declared to be a part of this article
and are hereby incorporated by reference.
[Amended 3-8-1994; 7-22-2009]
The following definitions shall apply only to this article and
shall not be affected by the provisions of any other ordinance of
the Town of Bedford:
The land in the floodplain within the Town of Bedford subject
to a one-percent or greater possibility of flooding in any given year.
The area is designated on the FIRM as Zones A and AE.
[Amended 3-13-2007]
The flood having a one-percent possibility of being equaled
or exceeded in any given year.
Any area of a building having its floor subgrade on all sides.
See "structure."
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, drilling operation
or storage of equipment or materials.
[Amended 3-13-2007]
The Federal Emergency Management Agency.
A general and temporary condition of partial or complete
inundation of normally dry land areas from:
An examination, evaluation, and determination of flood hazards
and, if appropriate, corresponding water surface elevations, or an
examination and determination of mudslide or flood-related erosion
hazards.
[Amended 3-13-2007]
An official map incorporated with this article, on which
FEMA has delineated both the special flood hazard areas and the risk
premium zones applicable to the Town of Bedford.
An official report incorporated with this article in which
FEMA has delineated both the special flood hazard areas and the risk
premium zones applicable to the Town of Bedford.
Any land area susceptible to being inundated by water from
any source. (See definition of "flooding.")
Zoning ordinances, subdivision regulations, building codes,
health regulations, special purpose ordinances (such as a floodplain
ordinance, grading ordinance, and erosion control ordinance) and other
applications of police power. The term describes such state or local
regulations, in any combination thereof, which provide standards for
the purpose of flood damage prevention and reduction.
[Added 3-8-1994]
Any combination of structural and nonstructural additions,
changes, or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitation
facilities, structures and their contents.
See "regulatory floodway."
A factor of safety usually expressed in feet above a flood
level for purposes of floodplain management. Freeboard tends to compensate
for the many unknown factors that could contribute to flood heights
greater than the height calculated for a selected size flood and floodway
conditions, such as wave action, bridge openings, and the hydrological
effect of urbanization of the watershed.
[Added 3-8-1994]
A use which cannot perform its intended purpose unless it
is located or carried out in close proximity to water. The term includes
only docking and port facilities that are necessary for the loading/unloading
of cargo or passengers and ship building/repair facilities but does
not include long-term storage or related manufacturing 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 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 historical 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 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 enclosure is not built so as to render the structure in violation
of the applicable nonelevation design requirements of this article.
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 connected to the required utilities. For
floodplain management purposes, the term "manufactured home" includes
park trailers, travel trailers, and other similar vehicles placed
on site for greater than 180 days.
The National Geodetic Vertical Datum (NGVD) of 1929 or other
datum, to which base flood elevations shown on a community's Flood
Insurance Rate Map are referenced.
For the purposes of determining insurance rates, structures
for which the start of construction commenced on or after the effective
date of the initial FIRM or after December 31, 1974, whichever is
later, and includes any subsequent improvements to such structures.
For floodplain management purposes, "new construction" means structures
for which the start of construction commenced on or after the effective
date of a floodplain management regulation adopted by a community
and includes any subsequent improvements to such structures.
[Added 3-13-2007]
See "base flood."
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
temporary living quarters for recreational, camping, or seasonal use.
[Added 3-8-1994]
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 increasing the water surface elevation. These areas are designated
as floodways on the FIRM.
[Amended 3-13-2007]
See "area of special flood hazard."
[Amended 3-13-2007]
Includes substantial improvements and means the date the building
permit was issued, provided the actual start of construction, repair,
reconstruction, placement, or other improvement was within 180 days
of the permit date.
The "actual start" means either the first placement of permanent
construction of a structure on 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 manufactured
home on a foundation.
Permanent construction does not include land preparation, such
as clearing, grading, and filling; nor does it include the installation
of streets and/or walkways; nor does it include excavation for a basement,
footings, piers, or foundations, or the erection of temporary forms;
nor does it include the installation on the property of accessory
buildings, such as garages or sheds, not occupied as dwelling units
or part of the main structure.
For floodplain management purposes, a walled and roofed building,
including a gas or liquid storage tank, that is principally above
ground, as well as a manufactured home.
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% of the market value of the structure before the
damage occurred.
Any combination of repairs, reconstruction, alteration, or improvements
to a structure in which the cumulative cost equals or exceeds 50%
of the market value of the structure. The market value of the structure
should equal:
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 includes structures which have incurred substantial damage,
regardless of actual repair work performed. The term does not, however,
include any project for improvement of a structure required to comply
with existing health, sanitary, or safety code specifications which
are solely 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.
The failure of a structure or other development after the adoption of the initial FIRM to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in 44 CFR 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided. The sections of this article that correspond to the sections of the CFR are §§ 275-79C, 275-81B(2), 275-80D and 275-80C(1).
[Added 3-13-2007]
The height, in relation to the National Geodetic Vertical
Datum (NGVD) of 1929, or other datum, where specified, of floods of
various magnitudes and frequencies in the floodplains.
All proposed development in any special flood hazard areas shall
require a permit.
[Amended 3-13-2007]
A.
The Building Code Official shall review all building permit applications
for new construction or substantial improvements to determine whether
proposed building sites will be reasonably safe from flooding. If
a proposed building site is located in a special flood hazard area,
all new construction or substantial improvements shall be:
(1)
Designed (or modified) and adequately anchored to prevent flotation,
collapse, or lateral movement of the structure resulting from hydrodynamic
and hydrostatic loads, including the effects of buoyancy;
(2)
Constructed with materials resistant to flood damage;
(3)
Constructed by methods and practices that minimize flood damages;
and
(4)
Constructed with electrical, heating, ventilation, plumbing, and
air-conditioning equipment, and other service facilities that are
designed and/or located so as to prevent water from entering or accumulating
within the components during conditions of flooding.
B.
Where new or replacement water and sewer systems (including on-site
systems) are proposed in a special flood hazard area, the applicant
shall provide the Building Code Official with assurance that these
systems will be designed to minimize or eliminate infiltration of
floodwaters into the systems and discharges from the systems into
floodwaters, and on-site waste disposal systems will be located to
avoid impairment to them or contamination from them during periods
of flooding.
C.
For all new or substantially improved structures located in Zones
A and AE, the applicant shall furnish the following information to
the Building Code Official: the as-built elevation (in relation to
NGVD) of the lowest floor (including basement) including whether or
not such structures contain a basement; if the structure has been
floodproofed, the as-built elevation (in relation to NGVD) to which
the structure was floodproofed; any certification of floodproofing.
The Building Code Official shall maintain these records for public
inspection, and shall furnish such information upon request.
D.
The Building Code Official shall not grant a building permit until
the applicant certifies that all necessary permits have been received
from those governmental agencies from which approval is required by
federal or state law, including Section 404 of the Federal Water Pollution
Control Act Amendments of 1972, 33 U.S.C. § 1334.
A.
Riverine situations.
(1)
Prior to the alteration or relocation of a watercourse, the applicant
for such authorization shall notify the Wetlands Bureau of the New
Hampshire Environmental Services Department and submit copies of such
notification to the Building Code Official, in addition to the copies
required by the RSA 482-A:3.
[Amended 3-8-1994; 3-13-2007]
(2)
Further, the applicant shall be required to submit copies of said
notification to those adjacent communities as determined by the Building
Code Official, including notice of all scheduled hearings before the
Wetlands Bureau.
[Amended 3-13-2007]
B.
Certification of maintenance of flood-carrying capability. The applicant
shall submit to the Building Code Official, certification provided
by a registered professional engineer, assuring that the flood-carrying
capacity of an altered or relocated watercourse can and will be maintained.
C.
Watercourses with a designated regulatory floodway.
(1)
Along watercourses with a designated regulatory floodway, no encroachments,
including fill, new construction, substantial improvements, and other
development are allowed within the floodway unless it has been demonstrated
through hydrologic and hydraulic analyses performed in accordance
with standard engineering practices that the proposed encroachment
would not result in any increase in flood levels within the community
during the base flood discharge.
[Amended 3-13-2007]
(2)
In Zone A, the Building Code Official shall obtain, review, and reasonably
utilize any floodway data available from federal, state, or other
sources as criteria for requiring that development meet the floodway
requirements of this section.
D.
Watercourses without a designated regulatory floodway. Along watercourses
that have not had a regulatory floodway designated, no new construction,
substantial improvements, or other development (including fill) shall
be permitted within Zone AE on the FIRM, unless it is demonstrated
by the applicant that the cumulative effect of the proposed development,
when combined with all existing and anticipated development, will
not increase the water surface elevation of the base flood more than
one foot at any point within the community.
[Amended 3-13-2007]
A.
In special flood hazard areas the Building Code Official shall determine
the one-hundred-year flood elevation in the following order of precedence
according to the data available:
(1)
In Zone AE, refer to the elevation data provided in the community's
Flood Insurance Study and accompanying FIRM.
(2)
In Zone A, the Building Code Official shall obtain, review, and reasonably
utilize any one-hundred-year flood elevation data available from any
federal, state or other sources including data submitted for development
proposals submitted to the community (i.e. subdivisions, site approvals).
(3)
In Zone AO, the flood elevation is determined by adding the elevation
of the highest adjacent grade to the depth number specified on the
FIRM or, if no depth number is specified on the FIRM, at least two
feet.
[Amended 3-13-2007]
B.
The Building Code Official's one-hundred-year flood elevation determination
will be used as criteria for requiring in Zones A and AE that:
[Amended 3-8-1994; 3-13-2007]
(1)
All new construction or substantial improvement of residential structures
have the lowest floor (including basement) elevated to or above the
hundred-year flood elevation; and
(2)
That all new construction or substantial improvements of nonresidential
structures have the lowest floor (including basement) elevated to
or above the one-hundred-year flood level, or together with attendant
utility and sanitary facilities shall:
(a)
Be floodproofed so that below the one-hundred-year flood elevation
the structure is watertight with walls substantially impermeable to
the passage of water;
(b)
Have structural components capable of resisting hydrostatic
and hydrodynamic loads and the effects of buoyancy; and
(c)
Be certified by a registered professional engineer or architect
that the design and methods of construction are in accordance with
accepted standards of practice for meeting the provisions of this
section.
(3)
All manufactured homes to be placed or substantially improved within
special flood hazard areas shall be elevated on a permanent foundation
such that the lowest floor of the manufactured home is at or above
the base flood level and be securely anchored to resist flotation,
collapse, or lateral movement. Methods of anchoring may include, but
are not limited to, use of over-the-top or frame ties to ground anchors.
This requirement is in addition to applicable state and local anchoring
requirements for resisting wind forces.
(4)
Recreational vehicles placed on sites within zone AE shall either:
[Amended 3-13-2007]
(a)
Be on the site for fewer than 180 consecutive days;
(b)
Be fully licensed and ready for highway use; or
(c)
Meet all standards of Section 60.3(b)(1) of the National Flood
Insurance Program Regulations and the elevation and anchoring requirements
for manufactured homes in Paragraph (c)(6) of Section 60.3.
(5)
For all new construction and substantial improvements, fully enclosed
areas below the lowest floor that are subject to flooding are permitted,
provided they meet the following requirements:
(a)
The enclosed area is unfinished or flood-resistant, usable solely
for the parking of vehicles, building access or storage;
(b)
The area is not a basement; and
(c)
The area shall be designed to automatically equalize hydrostatic
flood forces on exterior walls by allowing for the entry and exit
of floodwater; and
(d)
Designs for meeting this requirement must either be certified
by a registered professional engineer or architect or must meet or
exceed the following minimum criteria:
[Amended 3-13-2007]
[1]
A minimum of two openings having a total net area of not less
than one square inch for every square foot of enclosed area subject
to flooding shall be provided.
[2]
The bottom of all openings shall be no higher than one foot
above grade. Openings may be equipped with screens, louvers, or other
coverings or devices, provided that they permit the automatic entry
and exit of floodwater.
A.
Any order, requirement, decision, or determination of the Building
Code Official made under this article may be appealed to the Zoning
Board of Adjustment as set forth in RSA 676:5.
B.
If the applicant, upon appeal, requests a variance as authorized
by RSA 674:33, 1(b), the applicant shall have the burden of showing
in addition to the usual variance standards under state law that:
(1)
The variance will not result in increased flood heights, additional
threats to public safety, or extraordinary public expense;
(2)
If the requested variance is for activity within a designated regulatory
floodway, no increase in flood levels during the base flood discharge
will result; and
(3)
The variance is the minimum necessary, considering the flood hazard,
to afford relief.
C.
The Zoning Board of Adjustment shall notify the applicant in writing
that the issuance of a variance to construct below the base flood
level will result in increased premium rates for flood insurance up
to amounts as high as $25 for $100 of insurance coverage, and such
construction below the base flood level increases risks to life and
property. Such notification shall be maintained with a record of all
variance actions.
