[HISTORY: Adopted by the Town of Burlington 10-5-1998. Amendments noted where applicable.]
The purpose of these regulations is to promote public health,
safety, and general welfare within the Town of Burlington, to minimize
flood losses in floodway and flood-fringe areas in the Town, and to
protect the aquifer within said areas by:
A.
Restricting, prohibiting, or controlling uses, including but not
limited to deposit, removal or storage of materials, construction
of structures or buildings, and any other works which are dangerous
to health, safety or property in times of flood, cause increases in
flood heights or velocities, or are likely to pollute groundwater;
B.
Requiring that permitted uses vulnerable to flood, including public
facilities, shall be protected against flood damage at the time of
initial construction, thereby reducing damage due to flooding, and
the need for investment in flood-control projects;
C.
Ensuring that potential buyers will have the opportunity of identifying
land within the flood hazard area;
D.
Minimizing surface water and groundwater pollution which will affect
human, animal, or plant life;
E.
Helping to maintain a stable tax base through the preservation of
property values by reducing the potential of future flood blight areas;
F.
Providing for public awareness of the potential for flooding and
harm to the aquifer; and
G.
Protecting the aquifer for use as a public water supply by limiting
the amount of impervious surface within the floodplain areas and reducing
the effect of de-icing salts, chemicals and other pollutants.
These regulations shall apply to all areas of special flood
hazard within the jurisdiction of the Town of Burlington.
For the purpose of these regulations only, the following definitions
shall apply:
A use or structure on the same lot with, and of a nature
customarily incidental and subordinate to, the principal use or structure.
[Amended 4-23-2019]
An underground stratum of earth, gravel or porous stone that
contains water.
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.
See "structure."
That percentage of the plot or lot area covered by the building
area.
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining,
dredging, filling, paving, grading, excavation or drilling operations.
[Amended 4-23-2019]
That area outside of the regulated floodway and within the
limits of the base flood.
The total area indicated by the official Federal Insurance
Administration map including the floodway and the flood-fringe area.
An official map of a community on which the Federal Insurance
Administration has delineated both the areas of special flood hazard
and the risk premium zones applicable to the community.
A general and temporary condition of partial or complete
inundation of normally dry land areas from:
The operation of an overall program of corrective and preventive
measures for reducing flood damage, including but not limited to emergency
preparedness.
Any land area susceptible to being inundated by water from
any source (see definition of "flooding").
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.
Any combination of structural and nonstructural additions,
changes, or adjustments to structures which reduces or eliminates
flood damage to real estate or improved real property, water and sanitary
facilities, structures or their contents.
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).
The lowest floor of the lowest enclosed area (including basement).
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. Recreational
vehicles and similar transportable structures placed on a site for
180 consecutive days or longer shall be considered manufactured homes
for the purpose of this chapter.
For purposes of the National Flood Insurance Program, the
National Geodetic Vertical Datum (NGDV) of 1929 or other datum to
which base flood elevations shown on a community's Flood Insurance
Rate Map are referenced.
Structures for which the start of construction commenced
on or after August 17, 1981, and includes any subsequent improvements
to such structures.
A building in which is conducted the permitted use which
is the main or principal use of the lot on which said building is
located.
A vehicle which is:
Built on a single chassis;
Four hundred square feet or less when measured at the largest
horizontal projections;
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, travel or seasonal
use.
See "floodway."
The area within a community subject to one-percent or greater
chance of flooding in any given year, as identified on the community's
FIRM.
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.
[Amended 4-23-2019]
A walled and roofed building that is principally above ground,
a manufactured home, or a gas or liquid storage tank.
Any combination of repairs, reconstruction, alteration, or
improvements to a structure taking place over a one-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 the
appraised value of the structure using the cost approach to value
based on the square foot method 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 improvement project required to comply with existing health,
sanitary, or safety code specifications which are solely necessary
to assure safe living conditions.
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.
[Amended 4-23-2019]
The areas of special flood hazard, Zone A and Zones A1 through
A30, are identified by the Federal Insurance Administration in its
FIRM dated effective September 26, 2008, which map and any revisions
thereto are adopted by reference and declared to be part of these
regulations, or the areas of special flood hazard identified by the
Federal Insurance Administration through a scientific and engineering
report titled "Flood Insurance Study for the Town of Burlington, Connecticut,"
dated September 26, 2008, revised September 16, 2011, which study
and accompanying Flood Insurance Rate Maps and any revisions thereto
are hereby adopted by reference and declared to be part of these regulations.
No structure, land, or water shall hereafter be used and no
structure shall be located, extended, converted or structurally altered
without full compliance with the terms of these regulations and other
applicable regulations (e.g., Subdivision and Zoning Regulations,
Health Code).
These regulations shall not repeal, abrogate or impair any existing
easements, covenants, or deed restrictions. However, where these regulations
impose greater restrictions, the provisions of these regulations shall
prevail.
The degree of flood protection required by these regulations
is considered reasonable for regulatory purposes and is based on engineering
and scientific methods of study. Larger floods may occur on rare occasions,
or the flood height may be increased by man-made or natural causes,
such as ice jams and bridge openings restricted by debris. These regulations
do not imply that areas of special flood hazard or uses permitted
within such areas will be free from flooding or flood damages. These
regulations shall not create liability on the part of the Town of
Burlington or any commissioner, officer, or employee thereof for any
damages that may result from reliance on these regulations or any
administrative decision lawfully made thereunder.
A.
The Town Building Inspector is hereby appointed to administer and
implement the provisions of this program. The devices and responsibilities
of the Town Building Inspector are as follows:
(1)
To review permits to assure sites are reasonably safe from flooding.
(2)
To review permits including Connecticut Department of Energy and
Environmental Protection and Army Corps of Engineers for proposed
development to assure that all necessary permits have been received
from those governmental agencies from which approval is required by
federal or state law.
(3)
To require new construction and substantial improvements in flood-prone
areas to be constructed using flood-resistant materials.
B.
The Town Inland Wetlands and Watercourses Commission will notify
abutting communities and the State Coordinating Office prior to any
alteration or relocation of a watercourse and submit copies of such
notification to the Flood Insurance Administration.
C.
The Town Building Inspector will notify adjacent communities and
the Department of Energy and Environmental Protection prior to any
alteration or relocation of a watercourse and submit evidence of such
notification to FEMA.
[Amended 4-23-2019]
D.
The Town Building Inspector will 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.
Construction stage. Upon completion of the applicable portion of
construction the applicant shall provide the Building Inspector with
verification of the as-built lowest floor elevation, defined as the
top of the lowest floor including basement or, in the case of floodproofed
buildings, the elevation to which the floodproofing is effective.
F.
General standards.
(1)
New
construction or substantial improvements shall be constructed by methods
and practices that minimize flood damage.
(2)
Electrical,
heating, ventilation, plumbing, and 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.
(3)
New
and replacement water supply systems shall be designed to minimize
or eliminate infiltration of floodwaters into the system.
(4)
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.
(5)
On-site
waste disposal systems shall be located and constructed to avoid impairment
to them or contamination from them during flooding.
(6)
In
any portion of a watercourse which is altered or relocated the flood-carrying
capacity shall be maintained.
G.
Standards for subdivision proposals. In all special flood hazard
areas the following requirements shall apply:
(1)
All subdivision proposals shall be consistent with the needs to minimize
flood damage;
(2)
All subdivision proposals shall have public utilities and facilities
such as sewer, gas, electrical and water systems located and constructed
to minimize flood damage;
(3)
All subdivision proposals shall provide adequate drainage to reduce
exposure to flood hazards; and
(4)
Base flood elevation data shall be provided for all subdivision proposals
and other proposed developments (including manufactured home parks
and subdivisions) which are five acres or 50 lots, whichever occurs
first, and are located in Zone A.
A.
A development permit will be obtained before start of construction or development begins within any area of special flood hazard established in § 181-4. Application for a development permit will be made on forms furnished by the Town Building Inspector and will include, but not be limited to, plans in duplicate, drawn to scale, showing the existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing. Specifically, the following is required:
(1)
Elevation in relation to mean sea level of the lowest flood (including
basement) of all structures;
(2)
Elevation in relation to mean sea level to which any structure has
been floodproofed;
(3)
Certification by a professional engineer registered in the State of Connecticut that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in § 181-11K; and
(4)
Description of the extent to which any watercourse will be altered
or relocated as a result of proposed development.
B.
Certification. Where required under this chapter, a registered professional
engineer or architect shall certify that the design and methods of
construction are in accordance with accepted standards of practice
for meeting the provisions of this chapter. Such certification must
be provided to the Building Inspector.
The following open space uses will be permitted by the Building
Inspector within the flood hazard area, excluding the regulatory floodway,
to the extent that they are not prohibited by any other ordinance
or regulation, and provided they do not require structures, fill or
storage of materials or equipment:
A.
Agricultural uses such as general farming, pasture, grazing, outdoor
plant nurseries, horticulture, truck farming, forestry, sod farming,
and wild crop harvesting.
B.
Industrial or commercial parking areas for three vehicles or fewer.
C.
Private and public recreational uses such as golf courses, open tennis
courts, driving ranges, archery ranges, picnic grounds, boat launching
ramps, swimming areas, parks, wildlife and nature preserves, game
farms, fish hatcheries, shooting preserves, target ranges, trap and
skeet ranges, hunting and fishing areas, and hiking and horseback
riding trails.
D.
Noncommercial uses such as lawns, gardens, parking areas for three
vehicles or fewer, and play areas.
Substantial improvements or additions to existing structures
or accessory structures or fill will be permitted by the Building
Inspector only as a special exception in the flood-fringe areas, if
authorized by the Planning and Zoning Commission, and will conform
to the provisions of these regulations, provided that:
A.
All substantial improvements, additions or accessory structures to
residential structures within unnumbered A Zones on a community's
FIRM have the lowest floor (including basement) elevated above the
base flood elevation as obtained from alternate sources.
B.
All substantial improvements, additions or accessory structures to
nonresidential structures within unnumbered A Zones on the community's
FIRM have the lowest floor (including basement) elevated or floodproofed
above the base flood elevation as obtained from alternate sources.
For all new construction and substantial improvements, fully enclosed
areas below the lowest floor that are usable solely for parking of
vehicles, building access or storage have permanent openings designed
to allow the entry and exit of floodwaters.
C.
All substantial improvements or additions to residential structures
or accessory structures within Zones A1-30 on the community's FIRM
have the lowest floor (including basement) elevated above the base
flood level.
D.
All substantial improvements, additions or accessory structures to
nonresidential structures within Zones A1-30 on the community's FIRM
have the lowest floor (including basement) elevated to or above the
base flood level, or be floodproofed above that level.
E.
Within Zones A1-30, all manufactured homes will provide that:
(1)
Stands or lots are elevated on compacted fill or on pilings so that
the lowest floor of the mobile home will be at or above the base flood
level;
(2)
Adequate surface drainage and access for a hauler are provided;
(3)
In the instance of elevation on pilings, lots are large enough to
permit steps, piling foundations are placed in stable soil no more
than 10 feet apart, and reinforcement is provided for piers more than
six feet above ground level; and
(4)
All manufactured homes (including recreational vehicles placed on
a site for 180 consecutive days or longer) to be placed or substantially
improved shall be installed using methods and practices which minimize
flood damage. They shall also be elevated and anchored to resist flotation,
collapse and lateral movement. Methods of anchoring may include, but
are not limited to, use of over-the-top or frame ties.
F.
The placement of mobile homes, except in an existing mobile home
park or mobile home subdivision, is prohibited in the floodway.
G.
A volume of material equal to that added to the site below the base
flood elevation plus that volume displaced by the structure below
the base flood elevation plus any volume enclosed within the structure
below the base flood elevation shall be removed from an equal or lower
elevation than that upon which the construction is proposed. The material
will then be moved to an elevation above that of the base flood.
H.
The area of the site covered by a proposed improvement, addition,
or accessory structure shall be no more than 25% of the area of the
site covered by the existing building of principal use, as long as
the pertinent requirements of this section are met. A special exception
granted under these conditions shall be on a one-time only basis.
I.
The applicant provides the Commission with a report prepared by a
professional engineer registered in the State of Connecticut that
certifies that the construction, as proposed, will not adversely affect
the storage capacity or flow capacity of the affected watercourse
during a base flood.
J.
Where floodproofing is utilized for a particular nonresidential structure,
a professional engineer registered in the State of Connecticut shall
certify that the floodproofing methods are adequate to withstand the
flood depths, pressures, velocities, impacts, and uplift forces.
K.
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 to
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 Inspector.
(1)
Floodways. Located within special flood hazard areas established
in this chapter are areas designated as floodways. Since the floodway
is an extremely hazardous area due to the velocity of floodwaters
which carry debris and potential projectiles and have erosion potential,
no encroachments, including fill, new construction, substantial improvements
and other developments, shall be permitted unless certification (with
supporting technical data) by a registered professional engineer is
provided demonstrating that enroachments shall not result in any (0.00
feet) increase in flood levels during occurrence of the base flood
discharge. Fences located in the floodway must be aligned with the
flow and be of an open design. A permit may be given which allows
enroachments resulting in increases in base flood elevations provided
the community first obtains a conditional floodway revision by meeting
the requirement of 44 CFR 65.12 (Burlington Regulations/Section 11K).
(2)
Standards for streams without established base flood elevations,
floodway and/or flood mapping.
(a)
The Building Inspector 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 the Town's
Subdivision Regulations, as criteria for requiring that new construction,
substantial improvements, or other development in Zone A on the Community's
FIRM meets the standards in this chapter.
(b)
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.
(c)
The Building Inspector may request floodway data of an applicant
for watercourses without FEMA published floodways. When such data
is provided by an applicant or whenever such data is available from
any other source (in response to the Town's request or not), 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.
(d)
The Building Inspector shall obtain, review and reasonably utilize
any base flood elevation and floodway data available from a federal,
state or other source as criteria for requiring that new construction,
substantial improvements, or other development in any area of potential,
demonstrable or historical flooding within the community meet the
standards in this chapter.
L.
In the event that elimination of a structure takes place, by reason
of fire or other like catastrophe, and is subsequently replaced with
a new structure of like kind and intended use, this will be allowed
to the extent that the building coverage will not exceed 125% of the
displaced building coverage, as long as all requirements of pertinent
subsections of this section are met.
M.
Outside of the floodway, land may be used for agricultural and amusement
purposes; structure, if any, may be allowed upon application, and
only as permitted under these regulations.
N.
Any fill in the flood hazard area will be displaced by removing an
equal volume of material from an equal or lower elevation so that
the net change to the retention capacity remains constant, and that
the material be removed to an elevation above that of the base flood.
O.
Commercial or industrial loading areas, parking areas for more than
three vehicles, or airport landing strips are in accordance with the
pertinent subsections of this section.
A.
No variances will be granted for a principal structure and/or an
accessory structure after one year.
B.
Variances to these regulations allowing construction of a principal
structure and/or accessory structure within the flood-fringe area
will not be issued if any increase in flood heights or velocities
would result.
C.
If a variance is issued to construct a principal structure and/or
accessory structure within the flood-fringe areas, increased premium
rates for flood insurance will result as such construction within
the flood-fringe area increases risk to life and property.
D.
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 a historical building, a determination
that the variance is the minimum necessary as not to destroy the historic
character and result in the loss of historic designation of the building.
E.
Variances may be allowed provided that:
(1)
The parcel of land is a lot of record on file in the Town Clerk's
office before the effective date of these regulations.
(2)
A landowner makes application to the Town Building Inspector on forms
provided by him for a variance to the above-listed regulations, provided
that:
(a)
He demonstrates that the parcel is unique.
(b)
Strict enforcement of the regulations would cause an undue hardship.
[1]
Only hardships which are based on unusual physical characteristics of the property in question, characteristics which are not shared by adjacent parcels, shall qualify to meet Subsection E(2)(b) above. Claims of hardship based on the structure, on economics or on personal circumstances are not sufficient cause for the granting of a variance under this chapter.
[2]
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 up to amounts
as high as $25 or $100 of insurance coverage.
[3]
The local Building Inspector shall maintain the records of all
appeals actions and report any variances to the Federal Emergency
Management Agency upon request.
(c)
Granting of a variance would not result in increased flood heights,
cause increased or additional threats to public safety or extraordinary
public expense, create nuisances, cause fraud on or victimization
of the public, or conflict with existing local laws or ordinances.
(d)
Creating a variance would not change the character of the neighborhood.
(e)
Data supplied is certified to be substantially correct and a
true representation of existing conditions by a professional engineer
registered in the State of Connecticut.
F.
An extension of the above time variance to these regulations may
be allowed for construction of a principal structure and/or an accessory
structure within the flood-fringe area when permission for this construction
has been granted by the Burlington Planning and Zoning Commission
prior to the adoption of these regulations. This variance is with
regard to the extension of the time within which to construct, and
shall not exceed the initial five-year period allowed by the Town
Planning and Zoning Commission.
G.
Variances for the reconstruction, rehabilitation, or restoration
of structures listed in the National Register of Historical Places
or the State Inventory of Historical Places may be issued without
regard to any time limitation contained in this section.
All provisions of the Town Code in conflict herewith are hereby
repealed, and if for any reason any word, clause, paragraph or section
of this chapter shall be held to make the same unconstitutional, this
chapter shall not hereby be invalidated and the remainder of this
chapter shall continue in effect. Any provision herein which is in
conflict with the Connecticut General Statutes is hereby repealed,
it being understood that said statutes shall take precedence over
this chapter.
The enactment of this chapter shall not operate as an abatement
of an action or proceeding pending under or by virtue of any prior
ordinance, Selectmen vote, or special act.
A.
Any decision of the Town Building Inspector may be appealed in writing
to the Planning and Zoning Commission within seven calendar days of
the date of said decision, the date of said decision being excluded
in the calculation of said seven days. Any such appeal shall not stay
the decision of the Town Building Inspector, which shall remain effective
until such time as it may be overruled, modified, or otherwise changed
by said Commission.
B.
Any decision of the Planning and Zoning Commission may be appealed
to the Superior Court by any aggrieved party within 15 days from the
date when notice of said decision was published in a newspaper having
a circulation in the Town of Burlington in accordance with C.G.S.
§ 8-8. In all respects the rules of appeal herein granted
from a decision of the Planning and Zoning Commission shall be the
same as provided by C.G.S. § 8-8 for appeals from a decision
of the Zoning Board of Appeals as currently exist or as may be modified
by future amendment by the State of Connecticut, except that no such
appeal shall at any time stay the decision of the Planning and Zoning
Commission unless so ordered by the Superior Court.
[Amended 4-23-2019]
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 variance 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, and in addition shall pay
all costs and reasonable legal fees involved in the case. Nothing
herein contained shall prevent the Town of Burlington from taking
such other lawful action as is necessary to prevent or remedy any
violation.
