(A) Whenever a developer intends to alter or relocate a stream within the special flood hazard area, the developer shall notify in writing, by certified mail, the town, the Floodplain Administrator, the State Coordinating Office, any adjacent communities and any adjacent property owners of all such intended activities prior to the alteration or relocation of the stream. Copies of all required notifications must be submitted to the Federal Emergency Management Agency (FEMA). In addition, prior to issuing the local permit, the Floodplain Administrator shall require copies of all necessary permits from those governmental agencies from which federal or state law requires approval.
(B) The developer shall also assure the town in writing that the flood-carrying capacity within the altered or relocated portion of the stream will be maintained. The Floodplain Administrator may require the applicant to demonstrate that the altered or relocated portion of the stream will provide equal or greater conveyance than the original stream segment. If hydrologic and hydraulic analyses are required, they shall only be undertaken by a registered professional engineer, who shall certify that the methods used correctly reflect currently accepted technical concepts. The resultant study shall include a cover letter, signed by the responsible professional, providing a statement of findings in basic terms. In addition, studies, analyses, computations and the like shall be submitted in sufficient detail to allow a thorough technical review by the Floodplain Administrator.
(C) The alteration of a stream includes the placement of culverts, bridges or other stream crossings. The Floodplain Administrator may require the use of certain “best practice” techniques in the construction of bridges, culverts or stream crossings to prevent damage, loss of stream crossings and localized flooding caused by blockage. These techniques may include, but are not limited to, wing walls, trash grates or requiring openings to be of sufficient size to pass debris or anticipated future increases in flood heights.
(D) All new and replacement bridges, culverts and other stream crossings shall adhere to the relevant anchoring requirements contained in this chapter.
(E) The developer is required to provide the town with a legal agreement detailing all scheduled inspections and maintenance to be performed on altered or relocated watercourses, including culverts, bridges and other stream crossings. It shall be the responsibility of the applicant to transfer this agreement to the new owner when the land associated with the watercourse alteration is transferred. A copy of all new agreements shall be provided to the Floodplain Administrator. Failure to transfer the agreement and provide a signed copy to the Floodplain Administrator shall subject the violator to the penalties set forth in § 151.999 of this chapter.
(F) The applicant shall submit any maps, computations or other material required by the Federal Emergency Management Agency (FEMA) to revise the flood insurance study or flood insurance rate maps, when notified by the Floodplain Administrator, and shall pay any fees or other costs assessed by FEMA for this purpose.
(Ord. passed 6-5-2012) Penalty, see § 151.999
Editor’s note:
See Appendix 4.5 for sample “Stream Alteration Process and Contact Sheet.”