A.Â
The Weston Planning and Zoning Commission of the Town of Weston,
Connecticut, hereby adopts these Floodplain Regulations in accordance
with the purposes, authority, and requirements of Title 7, Chapter
98, § 7-148(c)(7)(A), and Title 8, Chapter 124, § 8-2,
of the General Statues of the State of Connecticut, as amended.
B.Â
These regulations are designed to promote the public health, safety
and welfare by minimizing public and private losses due to flood conditions
in areas of Weston known as special flood hazard areas. Building in
special flood hazard areas will be controlled to gain greater protection
from flooding, limit damage to private property, and ensure continued
eligibility of owners of property in Weston for participation in the
National Flood Insurance Program.
C.Â
The Weston Planning and Zoning Commission (the local administrator)
shall administer Weston's Floodplain Management Regulations.
A.Â
The Flood Zone includes all special flood hazard areas identified
by the Federal Emergency Management Agency (FEMA) in its Flood Insurance
Study (FIS) for Fairfield County, Connecticut, dated June 18, 2010,
and accompanying Flood Insurance Rate Maps (FIRM), dated June 18,
2010, and other supporting data applicable to the Town of Weston,
and any subsequent revisions thereto, which are adopted by reference
and declared to be part of this regulation. Since mapping is legally
adopted by reference into this regulation it must take precedence
when more restrictive until such time as a map amendment or map revision
is obtained from FEMA. The special flood hazard areas include any
area shown on the FIRM as Zones A (unnumbered) and AE, including areas
designated as a floodway on a FIRM. Special flood hazard areas are
determined utilizing the base flood elevations (BFE) provided on the
flood profiles in the FIS for a community. BFEs provided on a FIRM
are only approximate (rounded up or down) and should be verified with
the BFEs published in the FIS for a specific location. The FIRM and
FIS are on file with the Town of Weston.
B.Â
In those areas where base flood elevations and floodway data have been clearly established by the federal study, the local administrator shall obtain, review and reasonably utilize any data available from a federal, state or other source as the basis for applying the standards contained in Article III. When utilizing data other than that provided by the Federal Emergency Management Agency, the area chosen for the regulatory floodway must be designed to carry the waters of the base flood without increasing the water surface elevation of that flood more than one foot at anyone point
As used in this chapter, the following terms shall have the
meanings indicated:
The flood (one-hundred-year storm) which has a one-percent
or greater chance of occurring in any given year.
The elevation of the crest of the base flood (one-hundred-year
flood); the height in relation to mean sea level (NAVD of 1988) expected
to be reached by the waters of the base flood at pertinent points
in the floodplains of coastal and riverine areas.
That portion of a 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.
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the construction of
facilities for servicing the lots on which the manufactured homes
are to be affixed (including, as a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed before the effective date,
December 4, 1978, of the Floodplain Management Ordinance adopted by
the community.
The preparation of additional sites by the construction of
facilities for servicing the lots on which the manufactured homes
are to be affixed (including the installation of utilities, the construction
of streets and either final site grading or the pouring of concrete
pads).
Any man-made change to improved or unimproved real estate
including but not limited to the construction of buildings or structures;
the construction of additions, alterations or substantial improvements
to buildings or structures; mining, dredging, filling, grading, paving,
excavating or drilling operations or storage of equipment; the storage,
deposition or extraction of materials; and the installation, repair
or removal of public sewage disposal systems or water supply facilities
located in special flood hazard areas.
The federal agency that administers the National Flood Insurance
Program (NFIP).
As related to fully enclosed areas below the base flood elevation
(BFE), a space that is, but not limited to, heated and/or cooled,
contains finished floors (tile, linoleum, hardwood, etc.) has sheetrock
walls that may or may not be painted or wallpapered and other amenities
such as furniture, appliances, bathrooms, fireplaces and other items
that are easily damaged by floodwaters and expensive to clean, repair
or replace.
A general and temporary condition of partial or complete
inundation of normal dry land areas from the overflow of inland waters
and/or the unusual and rapid accumulation of runoff of surface waters
or mudflow from any source.
The official map of a community on which the Federal Emergency
Management Agency (FEMA) has delineated both the special flood hazard
areas (one-hundred-year floodplain) and the insurance risk premium
zones applicable to a community.
The official study of a community in which the Federal Emergency
Management Agency (FEMA) has conducted an examination, evaluation
and determination of flood hazards and, if appropriate, corresponding
water surface elevations.
All land area, including structures thereon, which is subject
to one-percent chance of flooding in any given year.
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.
The area in the special flood hazard area that does not include
the floodway.
A use or facility that cannot perform its intended purpose
unless it is located or carried out in close proximity to water. The
term includes only docking facilities, port facilities that are necessary
for the loading and unloading of cargo or passengers, and ship building
and ship repair facilities. The term does not include seafood processing
facilities, long-term storage, manufacturing, sales or service facilities.
Any structure that is:
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of the Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historic significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;
Individually listed on a state inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of the Interior; or
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
The Weston Planning and Zoning Commission is the local administrator
of Weston's Floodplain Management Regulations.
The floor of the lowest enclosed area including the basement. An unfinished enclosure or enclosure resistant to flood damage, 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. Such areas, however, must be designed in accordance with § 212-12D of these regulations.
A structure, transportable in one or more sections, which
is built on a permanent chassis and designed to be used with or without
a permanent foundation when connected to the required utilities, including
recreational vehicles and similar transportable structures placed
on a site for 180 consecutive days or longer.
A parcel or contiguous parcels of land divided into two or
more manufactured home lots for rent or sale.
The market value of the structure determined by the property's
tax assessment, minus land value, prior to the start of the initial
repair or improvement, or in the case of damage, the value of the
structure prior to the damage occurring.
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which manufactured homes are
to be affixed (including, at a minimum, the installation of utilities,
the construction of streets and either final site grading or the pouring
of concrete pads) is completed on or after the effective date, December
4, 1978, of the Floodplain Management Regulations adopted by the community.
For purposes of the National Flood Insurance Program, the
North American Vertical Datum (NAVD) of 1988 or other datum, to which
base flood elevations shown on Weston's Flood Insurance Rate
Map (FIRM) are referenced.
Structures for which the start of construction commenced
on or after December 4, 1978, the effective date of the Floodplain
Management Regulations, and includes any subsequent improvements to
such structures.
Drawing showing vertical sections of the flood hazard zone,
including base flood elevations measured from mean sea level.
A vehicle which is a) built on a single chassis; b) 400 square
feet or less when measured at the largest horizontal projection; c)
designed to be self-propelled or permanently towable by a light-duty
truck; and d) designed primarily not for use as a permanent dwelling
but as a temporary living quarters for recreational, camping, travel
or seasonal use.
The land in the floodplain within a community subject to
a one-percent or greater chance of flooding in any given year. Areas
of special flood hazard area determined utilizing the base flood elevations
(BFE) provided on the flood profiles in the Flood Insurance Study
(FIS) for a community. BFEs provided on Flood Insurance Rate Maps
(FIRM) are only approximate (rounded up or down) and should be verified
with the BFEs published in the FIS for a specific location. Areas
of special flood hazard include, but are not necessarily limited to,
the land shown as Zones A and AE on a FIRM.
Includes substantial improvement and means the date the building
permit was issued, provided that the actual start of construction,
repair, reconstruction, or improvement was within six months of the
permit date. The actual start means the first placement of permanent
construction of a structure (including a manufactured home) on a site,
such as the pouring of slabs or footings, installation of piles, construction
of columns or any work beyond the state of excavation or placement
of a manufactured home on a foundation. Permanent construction does
not include land preparation, such as clearing, grading and filling;
nor does it include the installation of streets and/or walkways; nor
does it include excavation for a basement, footing, piers or foundations
or the erection of temporary forms; nor does it include the installation
on the property of accessory buildings, such as garages or sheds not
occupied as dwelling units or not part of the main structure. For
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, including gas or liquid storage
tank that is principally above ground, as well as a manufactured home.
Any combination of repairs, reconstruction, rehabilitation,
alterations, additions or other improvement of a structure (taking
place within a ten-year period), the cumulative cost of which equals
or exceeds 50% of the market value of the structure before start of
construction of the improvement. This term includes structures which
have incurred substantial damage, regardless of the actual repair
work performed. For purposes of this definition, substantial improvement
is considered to occur when the first alteration of any wall, ceiling,
floor or other structural part of the building commences, whether
or not that alteration affects the external dimensions of the structure.
The term does not, however, include either:
Any project for improvement of a structure to correct existing
violations of state or local health, sanitary, or safety code specifications
which have been identified by the local Code Enforcement Official
and which are the minimum necessary to assure safe living conditions;
or
Any alteration of a historic structure, provided that the alteration
will not preclude the structure's continued designation as a
historic structure.
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.
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, floodproofing certificates or required floodway encroachment
calculations is presumed to be in violation until such time that documentation
is provided.
The height, in relation to the North American Vertical Datum
(NAVD) of 1988, (or other datum, where specified) or floods of various
magnitudes and frequencies in the floodplains of coastal or riverine
areas.
