[HISTORY: Adopted by the Town Meeting of the Town of Bethlehem 3-26-1987. Amendments
noted where applicable.]
The Legislature of the State of Connecticut has in C.G.S. § 7-148(c)(7)
delegated the responsibility to local governmental units to adopt
regulations designed to promote the public health, safety and general
welfare of its citizenry. Therefore, the Town Meeting of the Town
of Bethlehem, Connecticut, does ordain as follows.
A.
The flood hazard areas of the Town of Bethlehem, Connecticut, are
subject to periodic inundation which results 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 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 unprotected 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 hazards, or which result in damaging
increases in erosion or in 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:
A.
To protect human life and health.
B.
To minimize expenditure of public money for costly flood-control
projects.
C.
To minimize the need for rescue and relief efforts associated with
flooding and generally undertaken at the expense of the general public.
D.
To minimize prolonged business interruptions.
E.
To minimize damage to public facilities and utilities, such as electric
and telephone lines, streets and bridges located in floodplains.
F.
To 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
flood-blight areas.
G.
To ensure that potential home buyers are notified that property is
in a flood area.
A.
Unless specifically defined below, words or phrases used in this
chapter shall be interpreted so as to give them the meanings they
have in common usage and to give this chapter its most reasonable
application.
B.
ADDITION (TO AN EXISTING BUILDING)
APPEAL
AREA OF SHALLOW FLOODING
AREA OF SPECIAL FLOOD HAZARD
BASE FLOOD
BASEMENT
BREAKAWAY WALL
BUILDING
DEVELOPMENT
ELEVATED BUILDING
FLOOD HAZARD BOUNDARY MAP (FHBM)
FLOOD INSURANCE RATE MAP (FIRM)
FLOOD INSURANCE STUDY
FLOOD or FLOODING
FLOODWAY
FLOOR
FUNCTIONALLY DEPENDENT FACILITY
HIGHEST ADJACENT GRADE
LOWEST FLOOR
MANUFACTURED HOME
MANUFACTURED HOME PARK OR SUBDIVISION
MEAN SEA LEVEL
NATIONAL GEODETIC VERTICAL DATUM (NGVD)
NEW CONSTRUCTION
START OF CONSTRUCTION
STRUCTURE
SUBSTANTIAL IMPROVEMENT
VARIANCE
WATER SURFACE ELEVATION
As used in this chapter, the following terms shall have the meanings
indicated:
Any walled and roofed expansion to the perimeter of a building
in which the addition is connected by a common load-bearing wall other
than a fire wall. Any walled and roofed addition which is connected
by a fire wall or is separated by independent perimeter load-bearing
walls is new construction.
A request for a review of the Building Official's interpretation
of any provision of this chapter or a request for a variance.
A designated AO or VO Zone on a community's Flood Insurance
Rate Map (FIRM) with base flood depths from one to three feet where
a clearly defined channel does not exist, where the path of flooding
is unpredictable and indeterminate and where velocity flow may be
evident.
The land in the floodplain within a community subject to
a one-percent or greater chance of flooding in any given year.
The flood having a one-percent chance of being equaled or
exceeded in any given year.
That portion of a building having its floor subgrade (below
ground level) on all sides.
A wall that is not part of the structural support of the
building and is intended through its design and construction to collapse
under specific lateral loading forces without causing damage to the
elevated portion of the building or the supporting foundation system.
Any structure built for support, shelter or enclosure for
any occupancy or storage.
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining,
dredging, filling, grading, paving, excavating, drilling operations
or permanent storage of materials.
A nonbasement building built to have the lowest floor elevated
above the ground level by means of fill, solid foundation perimeter
walls, pilings, columns (posts and piers), shear walls or breakaway
walls.
An official map of a community, issued by the Federal Emergency
Management Agency, where the boundaries of the areas of special flood
hazard have been defined as "Zone A."
An official map of a community, on which the Federal Emergency
Management Agency has delineated both the areas of special flood hazard
and the risk premium zones applicable to the community.
The official report by the Federal Emergency Management Agency.
The report contains flood profiles, as well as the Flood Boundary
Floodway Map and the water surface elevation of the base flood.
A general and temporary condition of partial or complete
inundation of normally dry land areas from:
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 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.
A facility which cannot be used for its intended purpose
unless it is located in close proximity to water, such as a docking
or port facility necessary for the loading and unloading of cargo
or passengers, shipbuilding, ship repair or seafood processing facilities.
The term does not include long-term storage, manufacture, sales or
service facilities.
The highest natural elevation of the ground surface, prior
to construction, next to the proposed walls of a structure.
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 designed to be used with or without
a permanent foundation when connected to the required utilities. The
term also includes park trailers, travel trailers and similar transportable
structures placed on a site for 180 consecutive days or longer and
intended to be improved property.
A parcel, or contiguous parcels, of land divided into two
or more manufactured home lots for rent or sale.
For purposes of the National Flood Insurance Program, 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.
As corrected in 1929, a vertical control used as a reference
for establishing varying elevations within the floodplain.
Structures for which the start of construction commenced
on or after the effective date of this chapter (not the revision date).
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 180 days 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 stage 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, 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 not part of the main structure.
A walled and roofed building that is principally above ground,
a manufactured home, a gas or liquid storage tank or other man-made
facilities or infrastructures.
Any combination of repairs, reconstruction, alteration or
improvements to a structure, taking place during the life of 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 be the
appraised value of the structure prior to the start of the initial
repair or improvement or, in the case of damage, the value of the
structure prior to the damage occurring. For the purposes of this
definition, substantial improvement is considered to occur when the
first alteration of any wall, ceiling, floor or other structural part
of the building commences, whether or not that alteration affects
the external dimensions of the structure. The term does not, however,
include 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.
A grant of relief from the requirements of this chapter which
permits construction in a manner otherwise prohibited by this chapter
where specific enforcement would result in unnecessary hardship.
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 of coastal
or riverine areas.
This chapter shall apply to all areas of special flood hazard
within the jurisdiction of the Town of Bethlehem, Connecticut.
The areas of special flood hazard identified by the Federal
Emergency Management Agency in its Flood Hazard Boundary Map, dated
June 4, 1990, with accompanying floodway maps and other supporting
data, and any revision thereto, are adopted by reference and declared
to be a part of this chapter.
A development permit shall be required in conformance with the
provisions of this chapter prior to the commencement of any development
activities.
No structure or land shall hereafter be located, extended, converted
or structurally altered without full compliance with the terms of
this chapter and other applicable regulations.
This chapter is not intended to repeal, abrogate or impair any
existing easements, covenants or deed restrictions. However, where
this chapter and another conflict or overlap, whichever imposes the
more stringent restrictions shall prevail.
In the interpretation and application of this chapter, all provisions
shall be:
The degree of flood protection required by this chapter is considered
reasonable for regulatory purposes and is based on scientific and
engineering consideration. Larger floods can and will occur on rare
occasions. Flood heights may be increased by man-made or natural causes.
This chapter does not imply that land outside the areas of special
flood hazard or uses permitted within such areas will be free from
flooding or flood damages. This chapter shall not create liability
on the part of the Town of Bethlehem or by any officer or employee
thereof for any flood damages that result from reliance on this chapter
or any administrative decision lawfully made thereunder.
The Town of Bethlehem Building Official is hereby appointed
to administer and implement the provisions of this chapter.
Application for a development permit shall be made to the Building
Official on forms furnished by him or her prior to any development
activities and may include, but not be limited to, the following plans,
in duplicate, drawn to scale, showing the nature, location, dimensions
and elevations of the area in question, existing or proposed structures,
fill, storage of materials, drainage facilities and the location of
the foregoing. Specifically, the following information is required:
A.
Application stage:
(1)
Elevation in relation to mean sea level of the proposed lowest floor (including basement) of all structures [§ 84-18A(1)].
(2)
Elevation in relation to mean sea level to which any nonresidential structure will be floodproofed [§ 84-18A(2)(b)].
(3)
Description of the extent to which any watercourse will be altered
or relocated as a result of proposed development.
(4)
A statement as to whether or not the proposed alterations to an existing structure meet the criteria of the "substantial improvement" definition in § 84-5.
(5)
A statement as to whether there will be dry access to the structure
during the one-hundred-year storm event.
(6)
Where applicable, the following certifications by a registered engineer or architect are required and must be provided to the Building Official. The design and methods of construction must be certified to be in accordance with accepted standards of practice and with the provisions of § 84-18.
(a)
Nonresidential floodproofing must meet the provisions of § 84-18A(2)(a) and (b).
B.
Construction stage.
(1)
Upon completion of the applicable portion of construction, the applicant
shall provide verification to the Building Official of the following
as is applicable: lowest floor elevation. The elevation to be verified
for:
C.
Deficiencies detected by the review of the above listed shall be
corrected by the permit holder immediately and prior to further progressive
work being permitted to proceed. Failure to submit the survey or failure
to make said corrections required hereby shall be cause to issue a
stop-work order for the project.
Duties of the Building Official shall include but not be limited
to:
A.
Review all permit applications to determine whether proposed building
sites will be reasonably safe from flooding.
B.
Review all development permits to assure that the permit requirements
of this chapter have been satisfied.
C.
Advise the permittee that additional federal or state permits may
be required, and if specific federal or state permit requirements
are known, require that copies of such permits be provided and maintained
on file with the development permit, possibly including but not limited
to the Water Diversion, Dam Safety, Corps of Engineers 404.
D.
Notify the regional planning agency and the affected municipality
at least 35 days prior to the 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 adjacent communities and the Department of Energy and Environmental
Protection, 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.[1]
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.
Record the elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, in accordance with § 84-18A(1).
H.
Record the elevation (in relation to mean sea level) to which the new or substantially improved structures have been floodproofed, in accordance with § 84-18A(2).
I.
When floodproofing is utilized for a particular structure, obtain certification from a registered professional engineer or architect, in accordance with § 84-18A(2).
J.
Where interpretation is needed as to the exact location of 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),
make the necessary interpretation. The person contesting the location
of the boundary shall be given a reasonable opportunity to appeal
the interpretation as provided in this article.
L.
Maintain in his or her office all records pertaining to the provisions
of this chapter.
In all areas of special flood hazard, the following provisions
are required:
A.
New construction and substantial improvements shall be anchored to
prevent flotation, collapse or lateral movement of the structure.
B.
New construction and substantial improvements shall be constructed
with materials and utility equipment resistant to flood damage.
C.
New construction or substantial improvements shall be constructed
by methods and practices that minimize flood damage.
D.
Electrical, heating, ventilation, plumbing, air-conditioning equipment
and other service facilities shall be designed and/or located so as
to prevent water from entering or accumulating within the components
during conditions of flooding.
E.
New and replacement water supply systems shall be designed to minimize
or eliminate infiltration of floodwaters into the system.
F.
New and replacement sanitary sewage systems shall be designed to
minimize or eliminate infiltration of floodwaters into the systems
and discharges from the system into floodwaters.
G.
On-site waste disposal systems shall be located and constructed to
avoid impairment to them or contamination from them during flooding.
H.
Manufactured homes.
(1)
All manufactured homes (including mobile homes placed on a site for
180 consecutive days or longer) to be placed or substantially improved
shall be elevated so that the lowest floor is above the base flood
elevation.
(2)
It shall be placed on a permanent foundation which itself is securely
anchored and to which the structure is securely anchored so that it
will resist flotation, lateral movement and hydrostatic and hydrodynamic
pressures. Anchoring may include but not be limited to the use of
over-the-top or frame ties to ground anchors.
(3)
It shall be installed using methods and practices which minimize
flood damage.
I.
In any portion of a watercourse which is altered or relocated, the
flood-carrying capacity shall be maintained.
J.
A structure already in compliance with the provisions of this chapter
shall not be made noncompliant by any alteration, repair, reconstruction
or improvement to the structure.
The Building Official shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, including data developed pursuant to § 84-18A(1) of this chapter, as criteria for requiring that new construction, substantial improvements or other development in Zone A on the community's FIRM meets the standards in §§ 84-18A(1), B and C and 84-20.
A.
In all areas of special flood hazard (A1-30, AE, AH) where base flood elevation data has been provided as set forth in § 84-7 or 84-15K, the following provisions are required:
(1)
Residential construction. New construction or substantial improvement
of any residential structure shall have the lowest floor, including
basement, elevated at least one foot above the base flood elevation.
(2)
Nonresidential construction.
(a)
New construction or substantial improvement of any commercial,
industrial or nonresidential structure located in Zones A1-30, AE
and AH shall have the lowest floor, including basement, elevated at
least to one foot above the level of the base flood elevation; or
(b)
Nonresidential structures located in all A Zones may be floodproofed
in lieu of being elevated, provided that, together with all attendant
utilities and sanitary facilities, the areas of the structure below
the required elevation are watertight with walls substantially impermeable
to the passage of water and use structural components having the capability
of resisting hydrostatic and hydrodynamic loads and the effects of
buoyancy. A registered professional engineer or architect shall review
and/or develop structural design, specifications and plans for the
construction and shall certify that the design and methods of construction
are in accordance with acceptable standards of practice for meeting
the provisions of this subsection. Such certification shall be provided
to the Building Official.
B.
Elevated buildings. New construction or substantial improvements
of elevated buildings that include fully enclosed areas formed by
foundation and other exterior walls below the base flood elevation
shall be designed to preclude finished living space and designed to
allow for the entry and exit of floodwaters to automatically equalize
hydrostatic flood forces on exterior walls.
(1)
Designs for complying with this requirement must either 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 that they permit the automatic flow
of floodwaters in both directions.
(2)
Electrical, plumbing and other utility connections are prohibited
below the base flood elevation.
(3)
Access to the enclosed area shall be the minimum necessary to allow
for parking of vehicles (garage door) or limited storage of maintenance
equipment used in connection with the premises (standard exterior
door) or entry to the living area (stairway or elevator).
C.
Floodways. Located within areas of special flood hazard established in § 84-7 are areas designated as floodways on the community's Flood Boundary and Floodway Map. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles and has erosion potential, the following provisions shall apply:
(1)
Encroachments are prohibited, including fill, new construction, substantial
improvements and other developments, unless certification (with supporting
technical data) by a registered professional engineer is provided
demonstrating that encroachments shall not result in any (0.00) increase
in flood levels during occurrence of the base flood discharge.
A.
Located within the areas of special flood hazard established in § 84-7 are areas designated as shallow flooding areas (Zones AO and AH). These areas have special flood hazards associated with base flood depths of one to three feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and indeterminate.
B.
In AO Zones, the following provisions apply:
(1)
All new construction and substantial improvements of residential
structures shall have the lowest floor, including basement, elevated
to the depth number specified on the Flood Insurance Rate Map, in
feet, above the highest adjacent grade. If no depth number is specified,
the lowest floor, including basement, shall be elevated at least two
feet above the highest adjacent grade.
(2)
All new construction and substantial improvements of nonresidential
structures shall:
(a)
Have the lowest floor, including basement, elevated to the depth
number specified on the Flood Insurance Rate Map, in feet, above the
highest adjacent grade. If no depth number is specified, the lowest
floor, including basement, shall be elevated at least two feet above
the highest adjacent grade; or
(b)
Together with attendant utility and sanitary facilities, be
completely floodproofed to or above that level so that any space below
that level is watertight with walls substantially impermeable to the
passage of water and with structural components having the capability
of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.
(3)
On-site drainage for all proposed structures in Zones AO and AH located
on slopes shall provide adequate drainage paths to guide floodwaters
around and away from such structures.
In all special flood hazard areas, 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 electrical systems, located and constructed to minimize flood
damage.
C.
All subdivision proposals shall have adequate drainage provided to
reduce exposure to flood hazards.
D.
In Zone A, base flood elevation and floodway data shall be provided
for subdivision proposals and other proposed development (including
manufactured home parks and subdivisions) which are five acres or
50 lots, whichever occurs first.
A.
The Building Board of Appeals as established by the Town of Bethlehem
shall hear and decide appeals and requests for variances from the
requirements of this chapter.
B.
The Building Board of Appeals shall hear and decide appeals when
it is alleged there is an error in any requirement, decision or determination
made by the Building Official in the enforcement or administration
of this chapter.
C.
Any person aggrieved by the decision of the Building Board of Appeals
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 the judicial district of Litchfield,
as provided in C.G.S. § 8-8.
Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places without regard to the procedures set forth in §§ 84-23 and 84-24, except for § 84-25C, and provided the proposed reconstruction, rehabilitation or restoration will not result in the structure losing its historical character.
Variances may be issued for new construction and substantial improvement and other development necessary for the conduct of a functionally dependent use, provided the structure or other development is protected by methods that minimize flood damage, create no additional threat to public safety and meet the requirements of § 84-25C.
Variances shall not be issued within any designated floodway
if any increase in flood levels during the base flood discharge would
result.
A.
In passing upon such applications, the Building Board of Appeals
shall consider all technical evaluations, all relevant factors, all
standards specified in other sections of this chapter and:
(1)
The danger that materials may be swept onto other lands to the injury
of others.
(2)
The danger of life and property due to flooding or erosion damage.
(3)
The susceptibility of the proposed facility and its contents to flood
damage and the effect of such damage on the individual owner.
(4)
The importance of the services provided by the proposed facility
to the community.
(5)
The necessity of the facility to have a waterfront location, in the
case of a functionally dependent facility.
(6)
The availability of alternative locations, not subject to flooding
or erosion damage, for the proposed use.
(7)
The compatibility of the proposed use with existing and anticipated
development.
(8)
The relationship of the proposed use to the Comprehensive Plan and
floodplain management for that area.
(9)
The safety of access to the property in times of flood for ordinary
and emergency vehicles.
(10)
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 site.
(11)
The costs of providing governmental services during and after
flood conditions, including maintenance and repair of public utilities
and facilities, such as electrical systems and streets and bridges.
B.
Upon consideration of the factors listed above and the purposes of
this chapter, the Building Board of Appeals may attach such conditions
to the granting of variances as it deems necessary to further the
purposes of this chapter.
C.
Conditions for variances.
(1)
Variances shall only be issued upon a determination that the variance
is the minimum necessary, considering the flood hazard, to afford
relief; and in the instance of an historical building, a determination
that the variance is the minimum necessary so as not to destroy the
historic character and design of the building.
(2)
Variances shall only be issued upon a showing of good and sufficient
cause, a determination that failure to grant the variance would result
in exceptional hardship and a determination that the granting of a
variance will not result in increased flood heights, additional threats
to public safety, extraordinary public expense, create nuisances,
cause fraud on or victimization of the public or conflict with existing
local laws or ordinances.
(3)
Any applicant to whom a variance is granted shall be given written
notice specifying the difference between the base flood elevation
and the elevation to which the structure is to be built and stating
that the cost of flood insurance will be commensurate with the increased
risk resulting from the reduced lowest floor elevation.
[Amended 12-20-1999]
(4)
The Building Official shall maintain the records of all appeal actions
and report any variances to the Federal Emergency Management Agency
upon request.
Violation of the provisions of this chapter or failure to comply
with any of its requirements, including violation of conditions and
safeguards established in connection with grants of variances or special
exceptions, shall constitute a misdemeanor. Any person who violates
this chapter or fails to comply with any of its requirements shall,
upon conviction thereof, be fined not more than $250 per day if proven
done willfully and $100 per day if not or imprisoned for not more
than 10 days for each day of violation, or both, and, in addition,
shall pay all costs and reasonable legal fees involved in the case.
Nothing herein contained shall prevent the Town of Bethlehem from
taking such other lawful action as is necessary to prevent or remedy
any violation.
