(A) General description. This district is intended to comprise those areas which are subject to periodic or occasional flooding during a 100-year frequency flood which results in special hazards to life and property, in the disruption of commerce and governmental services, and poses a direct threat to the public health, safety, and general welfare. These regulations are designed to regulate and control uses within the Flood Hazard District, to protect human life and health, to minimize damage to public and private property, to minimize surface and ground water pollution, to prevent the encroachment of buildings and improvements in floodway and flood-fringe areas which will impede runoff and contribute to flooding in other area, and to protect natural scenic areas and provide for the conservation of natural resources.
(Prior Code, § 18-52)
(B) Application as combining (overlay) regulations. The boundaries of the Flood Hazard District, which is composed of floodway and flood-fringe areas, may cut across and overlay the boundaries of other zoning districts. The regulations applicable to the Flood Hazard District shall be interpreted as being in addition to the requirement results; the regulations of the Flood Hazard District shall supercede all other regulations.
(Prior Code, § 18-53)
(C) Definitions. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
FLOOD. A temporary rise in stream flow or stage that results in water overtopping its banks and inundating areas adjacent to the channel.
FLOOD-FRINGE. That portion of the Flood Hazard District located outside.
FLOOD-FRINGE DISPLACEMENT-ALTERNATIVE IMPROVEMENTS. The channel improvements in the floodway which are required to prevent increased flooding resulting from the reduced floodwater storage capacity in the flood-fringe area due to filling or other flood-proofing or development of the flood-fringe area.
FLOOD HAZARD DISTRICT OR AREA. All of the land within the jurisdiction which is subject to inundation by the flood having an average frequency of occurrence in the order of once in 100 years; although, the flood may occur in any year. The FLOOD HAZARD DISTRICT includes both the floodway and the flood-fringe.
FLOOD WAY. The stream channel and adjacent area which provides for the downstream movement of the 100-year maximum flood at a rate of one-tenth foot per second or greater.
100-YEAR FLOOD OR RAIN. A flood or rainfall having an average statistical frequency of occurrence in the order of once in 100 years; although, the flood or rainfall may actually occur in any year.
(Prior Code, § 18-54)
(D) Uses permitted.
(1) Floodway areas. Property located in all floodways shall be used only for the following purposes; provided, however, no building or permanent structure is involved, and the use in no way obstructs or otherwise adversely affects the capacity of the floodway:
(a) Agricultural uses including the growing of crops and the use of land for pasture and grazing where farm animals are otherwise permitted by the district provisions of the Zoning Ordinance or by the general ordinances of the town;
(b) Private and public recreational uses not otherwise prohibited such as natural scenic area, golf courses, swimming and picnic areas, game farms, hiking and horseback riding trails, and similar uses; and
(c) Lawns, gardens, and recreation areas which are accessory to residential uses.
(2) Flood-fringe areas. Property and buildings in flood-fringe areas shall be used only for the following purposes; provided, however, no building or structure or use of land is involved that causes displacement of floodwater or otherwise increases flooding in the floodway, unless the capacity of the floodway is increased to compensate for the reduced capacity of the flood-fringe:
(a) Any use permitted in the floodway that is not otherwise prohibited by other district provisions of the Zoning Ordinance or other municipal regulations;
(b) Storage of materials or equipment not adversely affected by flooding;
(c) Fill, storm water detention and retardation structures, and other flood- proofing measures; and
(d) All other uses permitted in the district with which the Flood Hazard District has been combined when flood-proofing and alternative improvements for flood-fringe displacement of floodwater have been provided.
(Prior Code, § 18-55)
(3) Flood-proofing and flood-fringe displacement alternative improvements. All uses permitted under division (D)(2) above shall comply with the following requirements:
(4) Flood-proofing. All residential, commercial, industrial, and other uses designed for human occupancy shall have the lowest floor elevation (including basement) not less than one foot above the highest elevation of the 100-year frequency flood. The following additional flood-proofing measures may be required to provide flood protection for any permitted use including, but not necessarily limited to, the following:
(a) Installation of storm water detention and retardation structures;
(b) Installation of watertight doors, bulkheads, and shutters or similar methods of construction;
(c) Reinforcement of walls to resist water pressures;
(d) Use of paints, membranes, or mortars to reduce seepage of water through walls;
(e) Addition of mass or weight to structures to resist floatation or other anchorage;
(f) Installation of pumps to lower water levels in structures;
(g) Construction of water supply and waste treatment systems so as to prevent the entrance of flood pressures;
(h) Installation of pumping facilities or comparable practices for subsurface drainage systems for buildings to relieve external foundation wall and basement flood pressures;
(i) Construction to resist rupture or collapse caused by water pressure or floating debris;
(j) Installation of valves or controls on sanitary and storm drains which will permit the drains to be closed to prevent back-up sewage and storm waters into the buildings or structures. Gravity draining of basements may be eliminated by mechanical devices;
(k) Location of all electrical equipment, circuits, and installed electrical appliances in a manner which will assure they are not subject to flooding to provide protection from inundation by the 100-year maximum flood; and
(l) Location of any structural storage facilities for chemicals, explosives, or buoyant materials which could be hazardous to public health, safety, and welfare in a manner which will assure that the facilities are situated at elevations above the height associated with the regulatory protection elevation or are adequately flood-proofed to prevent flotation of storage containers which could result in the escape of toxic materials into floodwaters.
(5) Flood-fringe displacement-alternative improvements. Before any buildings, improvements, or flood-proofing is permitted in the flood-fringe, the amount of floodwater displaced by the proposed change shall be ascertained by an engineer, registered in the state, and in consultation with the Town Engineer; alternative improvements shall be made in the floodway to accommodate the flood storage to be eliminated in the flood-fringe for a 100-year frequency flood. The cost of the alternative improvements shall be the responsibility of the individual or entity responsible for the flood-fringe displacement.
(Prior Code, § 18-56)
(6) Administrative requirements. In order to carry out the intent of the requirements set forth in the Flood Hazard District, in addition to other administrative provisions required by this subchapter, the following additional provisions shall apply:
(a) Building or occupancy permit required. No use or improvement of any floodway or flood-fringe area of any form shall be permitted without first obtaining a building and/or occupancy permit from the Building Inspector.
(b) Additional information required. The Building Inspector may require the applicant to furnish any or all of the following information in determining the suitability of a particular site for a proposed use:
1. Plans in triplicate drawn to scale showing the nature, location, dimensions, and elevation of the lot; existing or proposed structures; fill; storage of materials; flood-proofing measures; and the relationship of the above to the location of the channel, floodway, and the flood-protection elevation;
2. A typical valley cross-section showing the channel of the stream, elevation of land areas adjoining each side of the channel, cross-sectional areas to be occupied by the proposed development, and high water information;
3. Plans (surface view) showing elevation or contours of the ground; pertinent structure, fill, or storage elevations; size, location, and spatial arrangement of all proposed and existing structures on the site; location and elevations of streets, water supply, sanitary facilities; photographs showing existing land uses and vegetation upstream and downstream, soil types, and other pertinent information;
4. A profile showing the slope of the bottom of the channel or flow line of the stream; and
5. Specification for building construction and materials, flood-proofing, filling, dredging, grading, channel improvement, storage of materials, water supply, and sanitary facilities.
(Prior Code, § 18-57)