[HISTORY: Adopted by the Town of Marlborough 8-27-2008 (§ J
of the Town Code). Amendments noted where applicable.]
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:
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 water
and gas mains, electric, telephone and sewer lines, streets and bridges
located in areas of special flood hazard;
F.
To help maintain a stable tax base by providing for the second use
and development of areas of special flood hazard so as to minimize
future flood blight areas;
G.
To ensure that potential buyers are notified that property is in
an area of special flood hazard; and
H.
To ensure that those who occupy the areas of special flood hazard
assume responsibility for their actions.
Unless specifically defined below, words or phrases used in
this chapter shall be interpreted so as to give them the meaning they
have in common usage and to give this chapter its most reasonable
application.
The area within the 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.
The water surface elevation of the base flood in relation
to a standard set of geographic data in special flood hazard 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 components, structural components,
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, excavating, drilling operations,
or permanent storage of materials or equipment.
The federal agency that administers the National Flood Insurance
Program (NFIP).
Finished living space can include, but is not limited to,
a space that is 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, fireplace and other items that are easily damaged by floodwaters
and expensive to clean, repair or replace. A fully enclosed area below
the base flood elevation (BFE) cannot have finished living space and
needs to be designed for exposure to flood forces. These spaces can
only be used for parking, building access or limited storage.
A general and temporary condition of partial or complete
inundation of normally dry land areas from:
The Official Map on which the Federal Emergency Management
Agency has delineated the floodway, one-hundred-year floodplain and
five-hundred-year floodplain.
An official map of a community on which the Federal Emergency
Management Agency has delineated both the areas of special flood hazard
and the applicable risk premium zones.
The official report by the Federal Emergency Management Agency.
The report contains flood profiles as well as the Flood Boundary and
Floodway Map and the water surface elevation of the base flood.
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 of 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 or 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).
Market value of the structure shall be determined by: an
independent appraisal by a professional appraiser; the property tax
assessment, minus land value; the replacement cost minus depreciation
of the structure; the structure's actual cash value. (Town can pick
the method it likes from above list.)
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 recreational vehicles, 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.
The North American Vertical Datum (NAVD) of 1988 or other
datum to which base flood elevations shown on a community's Flood
Insurance Rate Map (FIRM) 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, May 23, 1982 (not
the revision date).
A vehicle which is:
Built on a single chassis;
Measures 400 square feet or less at the largest horizontal projections;
Designed to be self-propelled or permanently towable; and
Designed primarily not for use as a permanent dwelling, but
as temporary living quarters for recreational, camping, travel or
seasonal use.
For other than new construction or substantial improvements
under the Coastal Barriers Resources Act (P.L. 97-348), includes substantial
improvement and means the date the building permit was issued, provided
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. 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.
The land in the floodplain within a community subject to
a one-percent or greater chance of flooding in any given year. SFHAs
are determined utilizing the base flood elevation (BFE) provided on
the flood profiles in the Flood Insurance Study (FIS) for a community.
BFEs provided on Flood Insurance Rate Maps (FIRMs) are only approximate
(rounded up or down) and should be verified with the BFEs published
in the FIS for a specific location. The SFHA is also called the "area
of special flood hazard."
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, alterations or
improvements to a structure taking place over a ten-year period, in
which the cumulative cost equals or exceeds 50% of the market value
of the structure. The market value of the structure should be: (1)
the appraised value of the structure (using the cost approach to value)
prior to the start of the initial repair or improvement; or (2) 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 the alteration affects the external dimensions of the structure.
The term does not, however, include any improvements project required
to comply with existing health, sanitary or safety code specifications
which are solely necessary to assure safe living conditions.
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.
A grant of relief by a community from the terms of the floodplain
management ordinance 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 the required permits, lowest floor elevation
documentation, floodproofing 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 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.
The Floodplain District includes all special flood hazard areas
designated as Zone A, A1-30 on the Town of Marlborough Flood Insurance
Rate Maps (FIRM) on file with the Town Clerk. These maps, as well
as the accompanying Town of Marlborough Flood Insurance Study dated
September 26, 2008, and any subsequent revisions thereto, are adopted
by reference and declared to be a part of this chapter. Since mapping
is legally adopted by reference into this chapter it must take precedence
when more restrictive until such time as a map amendment is obtained.
Within Zone A, A1-30, the following standards must be met prior
to issuing permits for any proposed construction/development.
A.
Anchoring. All new construction and substantial improvements shall
be anchored to prevent flotation, collapse or lateral movement of
the structure resulting from hydrodynamic and hydrostatic loads, including
the effects of buoyancy.
B.
Construction materials and methods.
(1)
All new construction and substantial improvements shall be constructed
with materials resistant to flood damage.
(2)
All new construction and substantial improvements shall be constructed
using methods and practices that minimize flood damage.
(3)
For new construction and substantial improvements: require that fully
enclosed areas below the lowest floor that are usable solely for the
parking of vehicles, building access or limited storage in an area
other that a basement, and which are subject to flooding, shall be
designed to automatically equalize hydrostatic flood forces on the
exterior walls by allowing for the entry and exit of floodwaters.
Designs meeting this requirement must either be certified by a registered
professional engineer or architect or meet or exceed the following
criteria: 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. The bottom of all openings shall be
no higher than one foot above grade.
C.
Utilities.
(1)
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.
(2)
All new and replacement water supply systems shall be designed to
minimize or eliminate infiltration of floodwaters into the systems.
(3)
New and replacement sanitary sewerage systems shall be designed to
minimize or eliminate infiltration of floodwaters into the systems
and discharge from the systems into floodwaters.
(4)
On-site wastewater disposal systems shall be located and constructed
to avoid impairment to them or contamination from them during flooding.
D.
Compensatory storage. The water holding capacity of the floodplain,
except those areas that are tidally influenced, shall not be reduced.
Any reduction caused by filling, new construction or substantial improvements
involving an increase in footprint to the structure shall be compensated
for by deepening and/or widening of the floodplain. Storage shall
be provided on site, unless easements have been gained from adjacent
property owners; it shall be provided within the same hydraulic reach
and a volume not previously used for flood storage; it shall be hydraulically
comparable and incrementally equal to the theoretical volume of floodwater
at each elevation, up to and including the one-hundred-year flood
elevation, which would be displaced by the proposed project. Such
compensatory volume shall have an unrestricted hydraulic connection
to the same waterway or water body. Compensatory storage can be provided
off site if approved by the municipality.
E.
Equal conveyance. Within the floodplain, except those areas which
are tidally influenced, as designated on the Flood Insurance Rate
Map (FIRM) for the community, encroachments resulting from filling,
new construction or substantial improvements involving an increase
in footprint of the structure are prohibited unless the applicant
provides certification by a registered professional engineer demonstrating,
with supporting hydrologic and hydraulic analyses performed in accordance
with standard engineering practice, that such encroachments shall
not result in any (0.0 feet) increase in flood levels (base flood
elevation). Work within the floodplain and land adjacent to the floodplain,
including work to provide compensatory flood storage, shall not be
constructed in such a way so as to cause an increase in flood stage
or flood velocity.
F.
Aboveground oil tanks. Aboveground storage tanks (oil, propane, etc.),
which are located outside or inside of the structures, must be either
elevated above the base flood elevation (BFE) on a concrete pad or
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.
G.
Portion of structure in flood zone. If any portion of a structure
lies within the special flood hazard area (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 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.
H.
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 (i.e., V zone is more restrictive
than A zone: structure must be built to the highest BFE). 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.)
I.
No structures entirely or partially over water. New construction,
substantial improvements and repair to structures that have sustained
substantial damage cannot be constructed or located entirely or partially
over water.
In all areas of flood hazard in A1-30, AE, AH, where base flood
elevation data has been provided, the following regulations shall
apply:
A.
Residential construction. New construction and substantial improvement
of any residential structures shall have the lowest floor, including
basement, elevated to or above the base flood elevation.
B.
Nonresidential construction.
(1)
New construction and substantial improvement of nonresidential structures shall be constructed in accordance with Subsection A above or, together with attendant utility and sanitary facilities, shall:
(2)
A registered professional engineer or architect shall review and/or develop structural design specifications and plans for 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 Town Engineer as set forth in § 238-6.
C.
New structures within the floodway are prohibited.
D.
Within the floodway designated on the Flood Boundary and Floodway
Map, all encroachments, including fill, new construction, substantial
improvements to existing structures, and other development, are prohibited
unless certification by a registered professional engineer is provided
by the applicant, demonstrating that such encroachment shall not result
in any (0.00) increase in flood levels during the occurrence of the
one-hundred-year flood. In A Zones where base flood elevations have
been determined, but before a floodway is designated, no new construction,
substantial improvement, or other development (including fill) shall
be permitted which will increase base flood elevations more than one
foot at any point along the watercourse when all anticipated development
is considered cumulatively with the proposed development. Should data
be requested and/or provided, the Town shall 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 one foot at any point along the watercourse.
E.
Manufactured homes shall not be placed in the Floodplain District.
F.
All recreational vehicles to be place on a site within an area of special flood hazard must either: (1) be on a site fewer that 180 consecutive days (2) be fully licensed and ready for highway use; (3) meet elevation and anchoring requirements for residential construction described in Subsection A of this section. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick-disconnect-type utilities and security devices, and has no permanently attached additions.
A.
A development permit shall be obtained from the Town Engineer before
construction or development begins within Zone A, A1-30.
B.
The Town Engineer shall review permits to assure sites are reasonably
free from flooding and require that all other local, state, and federal
permits are obtained.
C.
Alteration of watercourse. Prior to any initiation of such alteration,
the Town shall:
(1)
Notify adjacent communities and the Department of Energy and Environmental
Protection's Water Resources Unit prior to any alteration or relocation
of a watercourse and submit evidence of such notification to the Federal
Emergency Management Agency;
(2)
Require that maintenance is provided within the altered or relocated
portion of said watercourse so that the flood-carrying capacity is
not diminished.
D.
Within Zone A, the applicant shall provide to the Town Engineer any base flood elevation and floodway data available from a federal, state or other source, including data developed pursuant to § 238-7D of this chapter. The Town Engineer shall review such data and may reasonably use it as criteria for requiring that new construction, substantial improvements, or other development in Zone A meet the standards of §§ 238-4 and 238-5.
E.
Information to be supplied by the applicant, obtained by the Town
Engineer and maintained by the Building Official:
(1)
Verify and record the actual elevation (in relation to mean sea level)
to which any floodproofing is effective; and
(2)
Obtain and record the actual elevation (in relation to mean sea level)
of the lowest floor (including basement) of all new and substantially
improved structures:
(4)
The Building Official shall maintain for public inspection all records
pertaining to the provisions of this chapter.
All subdivision proposals and other proposed new development
shall be reviewed to determine whether such proposals will be reasonably
safe from flooding. If any part of a subdivision proposal or other
development is located within the Floodplain District established
under the chapter, the Town Engineer and the Planning Commission shall
review it.
A.
The proposal is designed to be consistent with the need to minimize
flood damage; and
B.
All public utilities and facilities, such as sewer, gas, electrical
and water systems, shall be located and constructed to minimize or
eliminate flood damage; and
C.
Adequate drainage systems shall be provided to reduce exposure to
flood hazards; and
D.
Base flood elevation (the level of the one-hundred-year flood) and
floodway data shall be provided for that portion within the Floodplain
District.
E.
Land located within the floodway shall not be subdivided for building
lot purposes unless sufficient land area is available outside the
floodway area, as part of the lot, for the structure and subsurface
disposal system.
The Building Appeals Board shall hear and decide appeals relating
to the enforcement and administration of this chapter and requests
for variances from the requirements of this chapter.
A.
A variance shall not be issued within any designated regulatory floodway
if any increase in flood levels during the base flood discharge would
result.
B.
Variances shall only be issued upon a determination that the variance
is the minimum necessary, considering the flood hazard, to afford
relief.
C.
Variances shall only be issued upon:
(1)
A showing of good and sufficient cause;
(2)
A determination that failure to grant the variance would result in
exceptional hardship to the applicant; 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 nuisances, cause fraud on or victimization
of the public, or conflict with existing local laws or ordinances.
D.
If a variance is granted, the Building Appeals Board shall notify
the applicant in writing over its signature that: the issuance of
such variance to construct a structure below the base flood elevation
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.
E.
The Building Appeals Board will maintain a record of all variance
actions, including justification for their issuance, and report such
variances issued in the annual report submitted to the Federal Emergency
Management Agency.
This chapter is not intended to repeal, abrogate or impair any
existing law, regulations, ordinances, easements, covenants or deed
restrictions. However, where this chapter and another conflict or
overlap, whichever imposes the more stringent restrictions shall prevail.
The degree of flood protection required by the chapter is considered
the minimum reasonable for regulatory purpose 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 special
flood hazard areas 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 Marlborough or any officer or employee
thereof for any flood damages that result from reliance on this chapter
or any administrative decision lawfully made thereunder.
In accordance with C.G.S. § 7-148(b)(1), any person(s)
or party found to be in violation of this chapter will be subject
to a fine of $250 a day for each day such violation continues, as
well as being responsible for all Town legal fees and costs that are
a result of court action.
