A.
Together with the other classes of districts referred to in these
regulations, there shall be a Floodplain District which includes all
or parts of such other districts to the extent that they are located
in the floodplain area as shown on the Flood Insurance Rate Map (FIRM).
The purposes of this district are as follows:
(1)
To regulate development of marshes and land which are subject
to tidal or other flooding, in order to reduce hazards to public health
and safety which would be present if such land were to be used for
human occupancy;
(2)
To preserve ecological values;
(3)
To 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;
(4)
To require that uses vulnerable to floods be protected against
flood damage at time of initial construction;
(5)
To control alteration of natural floodplains, streams, channels,
and natural barriers which are involved in the accommodation of floodwaters;
and
(6)
To qualify property within the Town of Lyme for eligibility
under the Federal Flood Insurance Program.
B.
The degree of flood protection required by this regulation is considered
the minimum reasonable for regulatory purposes and is based on scientific
and engineering considerations and research. Larger floods can and
will occur on rare occasions. Flood heights may be increased by man-made
or natural causes. This regulation does not imply or guarantee that
land outside the special flood hazard area or uses permitted in such
area will be free from flooding and flood damages. This regulation
shall not create liability on the part of the Town of Lyme or any
officer or employee thereof for any flood damages that result from
reliance on this regulation or any administrative decision lawfully
made thereunder. The Town of Lyme, its officers and employees shall
assume no liability for another person's reliance on any maps, data
or information provided by the Town of Lyme.
C.
This regulation is not intended to repeal, abrogate or impair any
existing easements, covenants or deed restrictions. However, where
this regulation and other ordinance, regulation, easement, covenant
or deed restriction conflict or overlap, whichever imposes the more
stringent restrictions shall prevail.
The areas of special flood hazard identified by the Federal
Emergency Management Agency (FEMA) in its Flood Insurance Study (FIS)
for New London County, Connecticut, dated July 18, 2011, and accompanying
Flood Insurance Rate Maps (FIRM) dated July 18, 2011, and other supporting
data applicable to the Town of Lyme, and any subsequent revisions
thereto, are adopted by reference and declared to be a 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
area of special flood hazard includes any area show on the FIRM as
Zones A and AE, including areas designated as a floodway on a FIRM.
Areas of special flood hazard are determined utilizing the base flood
elevations (BFE) provided on the flood profiles in the FIS for a community.
Base flood elevations 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.
A.
Equal conveyance. Within the floodplain, except those areas which
are tidally influenced, as designated on the Flood Insurance Rate
Map 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 (0.00 feet) increase in flood levels (base flood elevation). Work
within the floodplain and the land adjacent to the floodplain, including
work to provide compensatory storage, shall not be constructed in
such a way so as to cause an increase in flood stage or flood velocity.
B.
Compensatory storage. The water holding capacity of the floodplain,
except those areas which 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.
As used in Article 15, the following terms shall have the meanings indicated:
The flood having a one-percent chance of being equaled or
exceeded in any given year.
The elevation of the crest of the base flood or one-hundred-year
flood. The height in relation to mean sea level expected to be reached
by waters of the base flood at pertinent points in the floodplains
of coastal and riverine areas.
Any area of the building having its floor subgrade (below
ground level) on all sides.
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.
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; the placement of buildings or structures;
mining, dredging, filling, grading, paving, excavation or drilling
operations or storage of equipment; the storage, deposition, or extraction
of material; and the installation, repair or removal of public or
private sewage disposal systems or water supply facilities.
The federal agency that administers the National Flood Insurance
Program (NFIP).
The official map prepared for the Town of Lyme by the Federal
Emergency Management Agency on which both special hazard areas and
risk premium zones applicable to the Town of Lyme have been designated
and is dated July 18, 2011, and as it may be amended.
ZONE AThe special flood hazard area shown on the FIRM which is subject to inundation by the one-hundred-year flood. Because detailed hydraulic analyses have not been performed, no base flood elevation is shown. Mandatory flood insurance purchase requirements apply.
ZONE AEThe special flood hazard areas shown on the FIRM which are subject to inundation by the 100-year flood determined in a Flood Insurance Study (FIS) by detailed methods. Base flood elevations are shown with these zones. Insurance risk level is indicated by the number. Mandatory flood insurance purchase requirements apply.
[Amended 9-12-2022]
The official report from the Federal Emergency Management
Agency (FEMA) which contains examination, evaluation, and determination
of flood hazards and, if appropriate, corresponding water elevations.
A general and temporary condition of partial or complete
inundation of normally dry land areas from either the overflow of
inland or tidal waters or unusual and rapid accumulation and accumulation/runoff
of surface waters from any source.
The land in the floodplains within the Town of Lyme that
is subject to a one-percent or greater chance of flooding in any given
year and designated as A and AE Zones on the FIRM.
Watertight with walls substantially impermeable to the passage
of water, with structural components having the capability of resisting
hydrostatic and hydrodynamic loads and effects of buoyancy.
Any combination of structural or nonstructural additions,
changes or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property or sanitary facilities,
structures or their contents.
The channel of a river or other watercourse and the adjacent
land areas which must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
one foot.
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;
Individually listed on a state inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of the Interior; or
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
The lowest floor of the lowest enclosed area (including basement).
As related to substantial improvement and substantial damage,
the value of the structure shall be determined by the cost approach
to value 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 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 a community's Flood Insurance Rate
Map are referenced.
Structures for which the start of construction commenced
on or after the effective date of the initial FIRM (January 3, 1979),
and includes any subsequent improvements to such structures.
Including substantial improvement, means the date the building
permit was issued, provided the actual start of construction, repair,
reconstruction, placement, or other improvement was within 180 days
of the permit date. The actual start means either the first placement
of permanent construction of a structure on a site, such as the pouring
of slab or footings, the installation of piles, the construction of
columns, or any work beyond the stage of excavation, or the placement
of 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 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.
For floodplain management purposes, a walled and roofed building
which is principally above ground, including a manufactured home,
a gas or liquid storage tank, or other man-made facilities or infrastructure.
Damage of any origin sustained by a structure, whereby the
cost of restoring the structure to its pre-damaged condition would
equal or exceed 50% of the market value of the structure before the
damage occurred.
Any repair, reconstruction, addition, or other improvement
of a structure, taking place during a five-year period, the cumulative
cost of which equals or exceeds 50% of the market value of the structure
using the cost approach to value method (i.e. market value determination
is based on the depreciated replacement cost of the structure using
current rates for materials, equipment, and labor), before the start
of construction of the improvement. This term includes structures
that 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.
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.
A failure of a structure or other development to be fully
compliant with the community's floodplain management ordinance. 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 as that documentation is provided.
The height, in relation to the North American Vertical Datum
(NAVD) of 1988 (or other datum, where specified), of floods of various
magnitudes and frequencies in the floodplains of coastal or riverine
areas.
A.
The enforcement officer for this article shall be the Zoning Enforcement
Officer or other such person as the Commission may designate. The
enforcement officer shall have the following responsibilities:
(1)
Require permits for all proposed construction or other development
in any special flood hazard area.
(2)
Review permits for proposed development to assure that all other
necessary permits have been received from those governmental agencies
from which approval is required by federal, state or municipal law.
(3)
Review all permit applications to determine whether proposed
building sites will be reasonably safe from flooding. If a proposed
building site is in a flood-prone area, all new construction and substantial
improvements (including the placement of prefabricated buildings)
shall:
(a)
Be designed (or modified) and adequately anchored to prevent
flotation, collapse, or lateral movement of the structure;
(b)
Be constructed with materials resistant to flood damage;
(c)
Be constructed by methods and practices that minimize flood
damage; and
(d)
Be constructed with electrical, heating, ventilation, plumbing,
and air-conditioning equipment and other service facilities that are
designed and/or located so as to prevent water from entering or accumulating
with the components during conditions of flooding.
(4)
Review subdivision proposals and other proposed new development
to determine whether such proposals will be reasonably safe from flooding.
If a subdivision proposal or other proposed new development is in
a flood-prone area, any such proposals shall be reviewed to assure
that:
(a)
All such proposals are consistent with the need to minimize
flood damage within the flood-prone area;
(b)
All public utilities and facilities, such as sewer, gas, electrical,
and water systems, are located and constructed to minimize or eliminate
flood damage; and
(c)
Adequate drainage is provided to reduce exposure to flood hazards.
(5)
Require that all subdivision proposals and other proposed new
developments greater than 50 lots or five acres, whichever is less,
include base flood elevation data.
(6)
Require that new and replacement water supply systems shall
be designed to minimize or eliminate infiltration of floodwaters into
the system.
(7)
Require that:
(a)
New and replacement sanitary sewage systems shall be designed
to minimize or eliminate infiltration of floodwaters into the systems
and discharges from the systems into floodwaters; and
(b)
On-site waste disposal systems shall be located and constructed
to avoid impairment to them or contamination from them during flooding.
B.
In addition to the above requirements, the ZEO shall have the following
responsibilities:
(1)
In unnumbered A Zones, 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:
(a)
All new construction and substantial improvements to residential
structures have the lowest floor (including basement) elevated to
or above base flood elevation; and
(b)
All new construction and substantial improvements to nonresidential structures have the lowest floor (including basement) elevated or floodproofed to or above the base flood elevation. Nonresidential floodproofing standards are provided in § 315-15.4B(3) and (4) below.
(2)
In AE Zones, as shown on the FIRM, require that all new construction
and substantial improvements of residential structures have the lowest
floor (including basement) elevated to or above the base flood elevation.
(3)
In AE Zones, require that new construction and substantial improvement
of nonresidential construction:
(a)
Have the lowest floor (including basement) elevated to or above
the base flood elevation; or
(b)
Together with attendant utility and sanitary facilities, be
designed so that below the base flood elevation the structure 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.
(4)
Provide that where floodproofing is utilized for a particular
structure, a registered professional engineer or architect shall certify
that the floodproofing methods are adequate to withstand the flood
depths, pressures, velocities, impact and uplift forces and other
factors associated with the base flood, and a record of such certificates
indicating the specific elevation (in relation to mean sea level)
to which such structures are floodproofed shall be maintained.
(5)
In the floodway, as shown on the Flood Insurance Rate Map:
(a)
Any encroachment, including fill, new construction, substantial
improvement and other developments, shall be prohibited if such activity
would result in any (0.00 feet) increase in flood levels within the
Town of Lyme, and compliance thereto may be demonstrated through hydrologic
and hydraulic analyses performed in accordance with standard engineering
practice, certified by a licensed professional engineer, with supporting
technical data. Fences in the floodway must be aligned with the flow
and be of an open design.
(b)
In 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 in the community when all anticipated development is considered
cumulatively with the proposed development.
(c)
The Town 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.
(6)
The ZEO shall notify, in riverine situations, adjacent communities
and the Department of Energy and Environmental Protection prior to
approving any alteration or relocation of a watercourse and submit
copies of such notifications to the Federal Emergency Management Agency.
(7)
The ZEO shall assure that the flood-carrying capacity within
the altered or relocated portion of any watercourse is maintained.
(8)
The ZEO shall:
(a)
Obtain the as-built elevation (in relation to mean sea level)
of the lowest floor (including basement) of all new or substantially
improved structures and whether or not such structures contain basements.
(b)
Obtain, if the structure has been floodproofed, the elevation
(in relation to mean sea level) to which the structure was floodproofed.
(c)
Maintain a record of all such information.
C.
Recreational
vehicles placed on sites within Zones A and AE, as shown on the FIRM,
shall be on the site for fewer than 180 consecutive days and be fully
licensed and ready for highway use. A recreational vehicle is ready
for highway use if it is on wheels or jacking system, is attached
to the site only by quick-disconnect-type utilities and security devices,
and has no permanently attached additions.
The ZEO shall maintain a record of all flood protection variance
actions, including justification for their issuance, and report such
variances issued in the required biennial report submitted to the
administrator.
A.
An applicant for a variance to this article shall be notified by
the ZEO that the issuance of a variance to construct a structure below
the base flood level will result in increased rates for insurance
coverage commensurate with the increased risk, up to amounts as high
as $25 for $100 of insurance coverage, and that such construction
shall be maintained with a record of all flood protection variance
actions.
B.
A variance shall not be granted if the Lyme Zoning Board of Appeals
determines that:
(1)
The variance would result in any increase in flood levels of the
designated floodway during the base flood discharge;
(2)
Granting of the variance would result in increased flood heights,
additional threats to public safety, or extraordinary public expenses
or create a nuisance.
(3)
No exceptional hardship would result from the failure to grant the
variance.
A.
Parks, boat landings, playgrounds and wildlife sanctuaries operated
by governmental units or nonprofit corporations.
B.
Game farm, wildlife propagation and similar conservation activities.
C.
Farming, truck or nursery gardening.
D.
Private boat landings and private swimming facilities.
E.
Hunting and fishing in accordance with applicable state and local
regulations.
A.
No land in any such district shall be filled or paved, nor shall any natural grades be changed nor any watercourses altered or obstructed, except with the approval of the Planning and Zoning Commission, provided that such Commission shall have found that the proposed fill or paving will not increase the hazards from flood conditions, including tidal flooding, is not inconsistent with the purposes of the Conservation Zone as stated in Article 14 of these regulations, and will not adversely affect drainage or groundwater conditions nor substantially reduce the economic value of such land as a source of food supply for fish and shellfish, and will not otherwise be detrimental to the public health, safety and welfare.
B.
No building or structure shall be constructed, altered, enlarged, or moved in any Floodplain District except a building which is accessory to a use permitted under § 315-15.6.
C.
Manufactured homes are prohibited within the special flood hazard
areas.
No parcel of land in any Floodplain District shall be divided
so that any lot or any portion thereof shall be less in area than
40,000 square feet or less in width than 100 feet.
Aboveground storage tanks (oil, propane, etc.) which are located
outside or inside of the structure must either be elevated above the
base flood elevation (BFE) on a concrete pad or be securely anchored
with tie-down straps to prevent flotation or lateral movement, have
the top of the fill pipe extended above the BFE, and screw fill cap
that does not allow for the infiltration of floodwater.
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 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.
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 zone
will require the entire structure to meet the requirements of the
more restrictive zone.
New construction, substantial improvements and repair to structures
that have sustained substantial damage cannot be constructed or located
entirely or partially over water unless it is a functionally dependent
use or facility.
