ARTICLE 110, Flood Hazard Zone [Added effective 4-24-1978]
§ 118-1100. Flood Hazard Zone. [Amended effective 8-19-1986; 2-26-1993]
A. Purpose and intent.
(1) It is declared that a need is present in Norwalk for greater protection of its citizens and their property from the ravages of flooding.
(2) It is the purpose of this regulation to control the construction of buildings in areas which are subject to flooding in order to minimize the damages of such flooding and to promote the health and safety of the city's residents.
(3) It is the purpose of this regulation to enable the City of Norwalk to continue its eligibility for federal flood insurance and, in doing so, to meet the minimum standards set forth by the Federal Emergency Management Agency.
B. Special definitions. As used in the Flood Hazard Zone regulations, the following terms shall have the meanings indicated:
ADMINISTRATOR -- The Federal Flood Administrator who has been designated the responsibility for the administration of this program.
BASE FLOOD -- The flood having a one-percent chance of being equaled or exceeded in any given year.
COASTAL HIGH-HAZARD AREA -- The area subject to high velocity waters, including but not limited to hurricane wave wash.
DEVELOPMENT -- Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations.
FLOOD INSURANCE RATE MAP (FIRM) -- An official map of the City of Norwalk on which the Administrator has delineated both the areas of special flood hazard and the risk premium zones applicable to Norwalk.
FLOODPROOF -- 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.
FLOODWAY -- 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. The "floodway" is shown on the Norwalk Flood Boundary and Floodway Maps, eleven (11) panels (090012 0001 through 090012 0011), prepared by the Federal Emergency Management Agency, dated August 19, 1986, as amended.
LOWEST FLOOR -- The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area is not considered a building's lowest floor.
MANUFACTURED HOME -- A structure, transportable in one (1) 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 "manufactured home" does not include a "recreational vehicle."
RECREATIONAL VEHICLE -- A vehicle which is (i) built on a single chassis; (ii) four hundred (400) square feet or less when measured at the largest horizontal projections; (iii) designed to be self-propelled or permanently towable by a light-duty truck; and (iv) designed primarily not for use as a permanent dwelling, but as temporary living quarters for recreational, camping, travel or seasonal use.
SPECIAL FLOOD HAZARD AREA -- The land in the floodplain subject to a one-percent or greater chance of flooding in any given year, as shown on the Norwalk Flood Insurance Rate Maps, ten (10) panels (090012 0001 through 090012 0010) prepared by the Federal Emergency Management Agency, dated August 19, 1986, as amended.
START OF CONSTRUCTION -- The date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement was within one hundred eighty (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 a 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 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. (This definition is for other than new construction of substantial improvements under the coastal barrier resources act. (Pub.L. 97-348)
SUBSTANTIAL IMPROVEMENT -- Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure either before the improvement or repair is started or, if the structure has been damaged and is being restored, before the damage occurred. For the purpose 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 comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions nor any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.
C. Regulations for development.
(1) Flood zones. All references to flood zones in this section refer to zones designated as flood hazard areas in the Flood Insurance Study for the City of Norwalk, Flood Boundary and Floodway Maps and Flood Insurance Rate Map including all subsequent revisions thereto. These maps are made part of these regulations as cited in § 118-200.
(2) Base flood elevation data. All proposed developments shall include within such proposals base flood elevation data.
(a) In A Zones where base flood elevations have been determined, but before a floodway is designated, require that no new construction, substantial improvement or other development (including fill) be permitted which will increase base flood elevations more than one (1) foot at any point along the watercourse when all anticipated development is considered cumulatively with the proposed development.
(b) Should data be requested and/or provided, 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 (1) foot at any point along the watercourse.
(3) In all special flood hazard areas designated as Flood Zone A (numbered and unnumbered) and Flood Zone V (numbered) the following provisions shall apply:
(a) Proposed development shall be reviewed to assure that all necessary permits have been received from those governmental agencies from which approval is required by federal or state law, including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. Section 1334, and to determine whether proposed building sites will be reasonably safe from flooding.
(b) Permits shall be required for all new construction, substantial improvements and other development and shall be designed (or modified) and adequately anchored to prevent flotation, collapse or lateral movement of the structure, be constructed with materials resistant to flood damage and be constructed by methods and practices that minimize flood damage. 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.
(c) 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 in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must be certified by a registered professional engineer or architect and must meet or exceed the following minimum criteria: A minimum of two (2) openings having a total net area of not less than one (1) 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 (1) foot above grade. Openings may be equipped with screens, louvers or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.
(d) The placement of mobile homes and manufactured homes shall be prohibited in flood hazard areas A (numbered and unnumbered), B and V. Recreational vehicles placed on sites within Zones A, A1-30, V1-V30 shall either: (1) be on the site for fewer than one hundred eighty (180) consecutive days; or (2) be fully licensed and ready for highway use. (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.)
(e) New and replacement water supply and sanitary sewer systems shall be designed to minimize or eliminate infiltration of floodwaters into the system. Sanitary sewer systems shall also minimize or eliminate discharge from the system into floodwaters. On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding.
(f) The property owner, or his agent, shall notify adjacent communities and the Connecticut Department of Environment Protection of any alteration or relocation of a watercourse. This notification shall be by certified mail, return receipt requested, with evidence of such notification submitted to the Zoning Commission and the Federal Emergency Management Agency. The property owner shall file in the Town Clerk's Office a maintenance agreement assuring that the flood-carrying capacity of the altered or relocated watercourse is not diminished.
(4) Flood Zone A, unnumbered. The following provisions additionally shall apply:
(a) The Zoning Inspector shall require the applicant to utilize any base flood elevation and floodway data available from a federal, state or other source as criteria for requiring that all new construction and substantial improvements of residential structures have the lowest floor, including basement, elevated to or above the base flood level and all new construction and substantial improvements of nonresidential structures have the lowest floor, including basement, elevated or floodproofed so that it is watertight above the base flood level. Where floodproofing is utilized for a particular structure, a Connecticut 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 certificate indicating the specific elevation, in relation to mean sea level, to which such structures are floodproofed shall be maintained with the Zoning Inspector.
(5) Flood Zone A1-30. The following provisions additionally shall apply:
(a) All new construction and substantial improvements of residential structures shall have the lowest floor (including basement) elevated to or above the base flood level.
(b) All new construction and substantial improvements of nonresidential structures shall have the lowest floor (including basement) elevated to or above the base flood level or, together with attendant utility and sanitary facilities, be designed so that below the base flood level the structure is floodproofed to or above that level.
(c) Where floodproofing is utilized for a particular structure in accordance with Subsection C(5)(b) of this section, a Connecticut 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 certificate indicating the specific elevation (in relation to mean sea level) to which such structures are floodproofed shall be maintained with the Zoning Inspector.
(6) Flood Zone VI-30. The following provisions additionally shall apply.
(a) All new construction shall be located landward of the reach of mean high tide.
(b) All new construction and substantial improvements shall be elevated on adequately anchored pilings or columns, and securely anchored to such piles or columns so that the lowest portion of the structural members of the lowest floor (excluding the pilings or columns) is elevated to or above the base flood level; a Connecticut registered professional engineer or architect shall certify that the structure is securely anchored to adequately anchored pilings or columns in order to withstand velocity waters and hurricane wave wash from a one-hundred-year storm event and the space beneath the lowest floor shall be free of obstruction, or be constructed with breakaway walls intended to collapse under stress; said space shall not be used for human habitation.
(c) No use of fill for structural support of buildings shall be permitted.
(d) Man-made alterations of sand dunes which would increase potential flood hazard damage is prohibited.
(7) Floodway. In the floodway designated on the Flood Boundary and Floodway Map the following shall additionally apply:
(a) Encroachments, including fill, new construction, substantial improvements and other development that would result in any increase in flood levels within the community during the occurrence of the base flood discharge shall be prohibited.
(8) Variances. In addition to the provisions set forth in Article 140, § 118-1410, Board of Appeals, the following shall apply in flood hazard areas:
(a) The applicant for a variance shall be notified in writing over the signature of the Zoning Inspector that the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance, and such construction below the base flood level increases risks to life and property. Such notification shall be maintained with a record of all variance actions as required in Subsection C(8)(b) of this section.
(b) The city shall maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its annual report submitted to the Administrator.
(9) Compliance.
(a) Upon completion of the foundation for all structures in a flood hazard area and before any further construction can occur, an as-built drawing prepared by a licensed surveyor shall be submitted to the Zoning Officer. The as-built drawing shall show the location of the foundation on the property as well as the elevation of the top of the foundation.
(b) Upon completion of all structures in a flood hazard area, a professional engineer or registered architect shall certify that the structure has been constructed in compliance with the standards set forth in § 118-1100 of the Building Zone Regulations.