RECORD OF VOTE
OLD LYME ZONING COMMISSION
REGULAR MEETING
Monday – JULY 11, 2011, 7:30 P.M.
Auditorium of Memorial Town Hall
52 Lyme Street, Old Lyme, CT
1. Meeting convened at 7:32 p.m.; those present and voting were the following members: Jane Cable, Chairman, Jane Marsh, Secretary, John Johnson, Vice Chairman, Tom Risom (Regular Member) and Joan Bozek (Alternate)
Also present: Ted Kiritsis (Alternate) and Ann Brown, Zoning Enforcement Officer
Absent: Pat Looney (Regular Member)
PUBLIC HEARINGS:
1. Special Permit Application and Municipal Coastal Site Plan Review Application to permit construction of an 8,600 s.f., two story office building on the commercial portion of property located at 5-1 Davis Road East which is in the Connecticut River Gateway Conservation Zone. Huntley & Halls, LLC, owner and Questa Builders, Inc., applicant.
A Motion was made by J. Johnson, seconded by T. Risom to CONTINUE the Public Hearing to August 8, 2011 on the application for 5-1 Davis Road East, Questa Builders, Inc. applicant. No discussion and a vote was taken. In favor: J. Cable, T. Risom, J. Marsh, J. Johnson, J. Bozek Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
2. Petition to adopt Federal Emergency Management Agency Flood Insurance Rate Maps and adopt changes to Section 4.4.2 Identification of District, Section 4.4.3 Definitions, Section 4.4.5 Base Flood Elevation and Floodway Data, Section 4.4.6.4 Special Flood Hazard Area, Section 4.4.6.5 Coastal High Hazard Areas, Section 4.4.6.6 Floodways, Section 4.4.6.7 Manufactured Homes, Section 4.4.9 Variance Procedures and new state requirements for language on Compensatory Storage and Equal Conveyance, as well as Aboveground Storage Tanks, Portion of Structure in Flood Zone, Structures in Two Flood Zones and No Structures Entirely or Partially Over Water. Effective date July18, 2011.
A Motion was made by J. Bozek, seconded by J. Johnson to CLOSE the Public Hearing on the Petition to adopt the FEMA flood maps and the changes to the Zoning Regulations, Town of Old Lyme, petitioner. No discussion and a vote was taken. In favor: J. Cable, T. Risom, J. Marsh, J. Johnson, J. Bozek Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
REGULAR MEETING
1. Acceptance of a Special Permit Application to permit an impound parking lot and discussion with respect to an impound lot being an accessory use to the Police Department on the Town owned property at 290 Shore
Road, Town of Old Lyme, applicant. First Selectman Timothy Griswold was not present at this time during the discussion, a vote was made by J. Johnson, seconded by T. Risom to TABLE the item until Mr. Griswold arrives. The motion passed unanimously.
Mr. Griswold arrived, there was further discussion and the following motion was made.
A Motion was made by J. Johnson, seconded by J. Bozek to approve the impound lot as an accessory use to the Police Department on the Town owned property at 290 Shore Road with the following conditions:
1. Hours of operation to be Friday, Saturday, Sunday and holidays.
2. Impound lot to be in operation from May 15th to October 1st from 11:00 a.m. to 8:00 p.m.
3. There shall be no cars left in the impound lot for overnight storage.
4. The dimensions of the area to be used is approximately 80’ x 80’ and enclosed only by telephone poles, there shall be no fencing.
5. There shall be a maximum of 20 motor vehicles on the lot at any one time.
6. The lot shall be attended at all times during impound hours.
7. There is a prohibition of any car involved in an accident or used for investigation to be stored in the lot.
No further discussion and a vote was taken. In favor: J. Cable, T. Risom, J. Marsh, J. Johnson, J. Bozek Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
2. Special Permit Application and Municipal Coastal Site Plan Review Application to permit construction of an 8,600 s.f., two story office building on the commercial portion of property located at 5-1 Davis Road East which is in the Connecticut River Gateway Conservation Zone. Huntley & Halls, LLC, owner and Questa Builders, Inc., applicant – Public Hearing continued to August 8, 2011 Regular Meeting
3. Petition to adopt Federal Emergency Management Agency Flood Insurance Rate Maps and adopt changes to Section 4.4.2 Identification of District, Section 4.4.3 Definitions, Section 4.4.5 Base Flood Elevation and Floodway Data, Section 4.4.6.4 Special Flood Hazard Area, Section 4.4.6.5 Coastal High Hazard Areas, Section 4.4.6.6 Floodways, Section 4.4.6.7 Manufactured Homes, 4.4.9 Variance Procedures and new state requirements for language on Compensatory Storage and Equal Conveyance, as well as Aboveground Storage Tanks, Portion of Structure in Flood Zone, Structures in Two Flood Zones and No Structures Entirely or Partially Over Water. Effective date July18, 2011.
A Motion was made by J. Marsh, seconded by T. Risom as follows:
Whereas, the Zoning Commission has submitted a petition to amend the Zoning Regulations with respect to Section 4.4 Flood Hazard Regulations as shown in the attachment pursuant to a letter dated January 14, 2011 from Diane Ifkovic, State NFIP Coordinator, Flood Management Program, Inland Water Resources Division, requiring the Town of adopt said changes which shall be made effective July 18, 2011;
Whereas, the Zoning Commission has held a duly noticed public hearing on June 13, 2011 and continued to July 11, 2011, and the commission has had an opportunity to hear testimony both from citizens of Old Lyme and others; and
Whereas, the Commission finds that there is sufficient evidence to demonstrate that the proposed changes to the text is appropriate since it has been mandated for compliance with FEMA regulations and recently adopted state floodplain management requirements.
Whereas, the Commission finds that the proposed regulation changes will permit the Commission
to achieve safety, comfort and convenience;
to conserve as much of the natural terrain and provide for vegetation on the site to the extent practical;
to be in architectural harmony with the surrounding area;
to protect nearby residential and preservation areas;
to show that reasonable consideration has been given to the matter of restoring and protecting the ecosystem and habitat of Long Island Sound and reducing the amount of hypoxia, pathogens, toxic contaminants and floatable debris therein; and
Whereas, the Zoning Commission has deliberated and considered the evidence presented at the hearing as well as the input of its staff and professional consultants; and
Whereas, although the Zoning Commission has received comments from the Office of Long Island Sound Programs of the Department of Environmental Protection, after submitting the materials to them for review, the Commission determines that the revision is consistent with the goals and policies of the Coastal Management Act;
Now, therefore be it resolved that the Old Lyme Zoning Commission grants approval to the proposed modification to the Zoning Regulations to Section 4.4 Flood Hazard Regulations as shown in the attachment pursuant to a letter dated January 14, 2011 from Diane Ifkovic, State NFIP Coordinator, Flood Management Program, Inland Water Resources Division, requiring the Town of adopt said changes which shall be made effective July 18, 2011. No discussion and a vote was taken. In favor: J. Cable, T. Risom, J. Marsh, J. Johnson, J. Bozek Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
4. Informal discussion with the Linnea and David Rufo of the Bee & Thistle Inn to discuss usage for the Inn located at 100 Lyme Street. Commission discussed how to proceed, no votes taken.
5. Special Permit Application and Municipal Coastal Site Plan Review Application to permit construction of a boathouse on property located at 38 Neck Road, Joseph Chontos, applicant.
A Motion was made by T. Risom, seconded by J. Johnson to receive the application, including a Special Permit Application and set a Public Hearing for August 8, 2011. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, T. Risom, J. Johnson, J. Bozek Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
6. Approval of Minutes – Minutes of the Public Hearing and Regular Meeting of June 13, 2011.
A Motion was made by J. Johnson, seconded by T. Risom to APPROVE the Regular and Public Hearing minutes of the June 13, 2011 meeting with the following corrections: Public Hearing Minutes – correct Page 3, 4 and 5, public hearings continued to July 11, 2011 not July 10, 2011. Regular Meeting Minutes – correct Page 4, public hearings continued to July 11, 2011 not July 10, 2011. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, T. Risom, J. Johnson, J. Bozek Opposed: None Abstaining: None The motion passed unanimously. 5-0-0
7. Any new or old business
a. Discussion of various changes to be made to the Zoning Regulations
8. Correspondence
9. Zoning Enforcement
a. Zoning Enforcement Report
b. Site Inspection Report
10. Miscellaneous/Adjournment
A Motion was made by T. Risom, seconded by J. Johnson, to adjourn the July 11, 2011 meeting. No discussion and a vote was taken. In favor: J. Cable, J. Marsh, T. Risom, J. Johnson, J. Bozek. The motion passed unanimously and the meeting adjourned at 8:45 p.m.
Jane Cable, Chairman
CHANGES MADE TO ZONING REGULATIONS,
SECTION 4.4 FLOOD HAZARD REGULATIONS
EFFECTIVE 7-18-2011
4.4 Flood Hazard Regulations.
4.4.1 General. The requirements and procedures hereinafter specified are applicable within the Flood Plain Zone. The purposes of this Section are as follows:
4.4.1.1 to minimize public and private losses due to flood conditions in specific areas of the Town of Old Lyme by the establishment of standards designed to:
a. protect human life and public health;
b. minimize expenditure of money for costly flood control projects;
c. minimize the need for rescue and relief efforts associated with flooding;
d. minimize prolonged business and employment interruptions;
e. minimize damage to public facilities and utilities;
f. help maintain a stable tax base;
g. insure that purchasers of property are notified of special flood hazards;
h. ensure that persons who occupy areas of special flood hazard assume responsibility for their actions; and,
[From former Section 33.1, Amended Effective 3-7-08]
4.4.1.2 to ensure continued eligibility of owners of property of the Town of Old Lyme for participation in the National Flood Insurance Program pursuant to rules and regulations published in the Federal Register.1
[From former Section 33.1.2]
4.4.2 Identification of District. The Flood Plain Zone is the area identified as the “Special Flood Hazard Areas”(SFHA) 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 Map (FIRM), dated July 18, 2011, and other supporting data applicable to the Town of Old 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 SFHA includes any area shown on the FIRM as
Zones A, AE, and VE, including areas designed as a floodway on a FIRM. Zone VE is also identified as a Coastal High Hazard Area. Also included are areas of potential, demonstrable or historical flooding, including any area contiguous with but outside the SFHA where the land surface elevation is lower than the base flood elevation (BFE). Areas of special flood hazard are determined utilizing the base flood elevations (BFE) provided on the flood profiles in the Flood Insurance Study (FIS) for a community. BFEs provided on a Flood Insurance Rate Map (FIRM) are only approximate (rounded up or down) and should be verified with the BFEs published in the FIS for a specific location. The FIRM and FIS are on file in the Old Lyme Town Clerk’s office.
[From former Section 33.2 , Amended Effective 3-7-08 Amended effective 7-18-11]
4.4.3 Definitions. Special definitions applicable under this Section only are as follows:
a. Base Flood means the flood having a one (1.00%) percent chance of being equaled or exceeded in any given year;
b. Base Flood Elevation is the particular elevation of the crest of the base flood or 100-year flood as specified on the Flood Insurance Rate Map for Zone A, AE and VE. The height in relation to mean sea level expected to be reached by the waters of the base flood at pertinent points in the floodplains of coastal and riverine areas.
c. Basement means any area of the Building having its floor sub grade (below ground level) on all sides;
d. Breakaway Wall means a wall that is not part of the structural support of the Building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the Building or the supporting foundation system;
e. Coastal High Hazard Area means Zone VE on the Flood Insurance Rate Map, the area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area submect to high velocity wave action from storms, hurricane wave wash, tidal surges or seismic sources.
f. Cost means, 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.
g. Development means 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 materials; and the installation, repair or removal of public or private sewage disposal systems or water supply facilities.
h. Existing Manufactured Home Park or Subdivision means a manufactured home park or subdivision for which the construction of facililties for servicing the lots on which the manufactured homes are to be affixed (including, as a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before June 2, 1980, the effective date of the floodplain management regulations adopted by the community.
i. Expansion to an Existing Manufactured Home Park or Subdivision means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
j Federal Emergency management Agency (FEMA) means the federal agency that administers the National Flood Insurance Program (NFIP).
k. Finished Living Space means, as related to fully enclosed areas below the base flood elevation (BFE), a space that is, but is not limited to, heated and/or cooled, contains finished floors (tile, linoleum, hardwood, etc.), has sheetrock walls that may or may not be painted or wallpapered, and other amenities such as furniture, appliances, bathrooms, fireplaces and other items that are easily damaged by floodwaters and expensive to clean, repair or replace.
l. Flood or Flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from: a) the overflow of inland or tidal waters; and/or, b) the unusual and rapid accumulation or runoff of surface waters from any source;
m. Flood Insurance Rate Map means an official map of a community on which the Federal Emergency Management Agency has delineated both the special flood hazard areas and the applicable risk premium zones. FIRMS published after January, 1990, may also show the boundaries of the floodway;
n. Flood Insurance Study is the official report by the Federal Emergency Management Agency. The report contains flood profiles, the water surface elevation of the base flood, and other flood data;
o. Floodproofing means any combination of structural and nonstructural additions, changes or adjustments to Structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, Structures and their contents;
p. Floodway means the channel of a river or other Watercourse and the adjacent land area that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than 1.0 feet anywhere in the Town;
q. Functionally Dependent Use of Facility means 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.
r. Historic Structure means any structure that is: (a) 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 Historic Register; (b) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historic significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; (c) 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 (d)
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either: (1) By an approved state program as determined by the Secretary of the Interior or (2) Directly by the Secretary of the Interior in states without approved programs.
s. Lowest Floor means the lowest floor of the lowest enclosed area (including Basement or Cellar). 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, provided that such an area meets the design requirements specified in Section 4.4.6.4c. of this regulation.
t. Manufactured Home means a Structure able to be transported 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. The term also includes recreational vehicles and similar transportable structures placed on a site for 180 consecutive days or longer and shall be considered manufactured homes for the purpose of this Regulation;
u. Manufactured Home Park or Subdivision means a Lot, Parcel or contiguous Parcels of land divided into two or more manufactured home sites for rent or sale;
v. Market Value means, 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.
w. Mean Sea Level means, 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;
x. National Geodetic Vertical Datum (NGVD), as corrected in 1929, is a vertical control used as a reference for establishing varying elevations within the flood plain;
y. North American Vertical Datum (NAVD), as corrected in 1988, is a vertical control used as a reference for establishing varying elevations within the flood plain;
z. New Construction means Buildings and other Structures for which the “start of construction” occurred on or after June 2, 1980 (the effective date of original Flood Plain District Regulations), and includes any subsequent improvements to such Structures;
aa. New Manufactured Home Park or Subdivision means a manufactured home park or subdivision for which the construction of facililties for servicing the lots on which the manufactured homes are to be affixed (including, as a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed after June 2, 1980, the effective date of the floodplain management regulations adopted by the community.
bb. Recreational Vehicle means a vehicle which is:
(i) built on a single chassis;
(ii) 400 sq. feet or less when measured at the longest horizontal projections;
(iii) designed to be self-propelled or permanently towable;
(iv) designed primarily not for use as a permanent Dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use;
cc. Sand Dunes means naturally occurring accumulations of sand in ridges or mounds landward of the beach.
dd. Special Flood Hazard Area means the land in the flood plain subject to a one (1.00%) percent or greater chance of flooding in any given year.
ee. Start of Construction (for other than new construction or substantial improvements under the Coastal Barrier Resources Act, P.L. 97-348) includes “substantial improvement” and means the date the building permit or ZONING PERMIT, if no building permit was required, was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, or improvement was within 180 days of the permit date. The actual start means the first placement of permanent construction of a Structure (including 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 or Cellar, 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 Principal 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;
ff. Structure means, 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 infrastructures.
gg. Substantial Damage means damage of any origin sustained by a Structure whereby the cost of restoring the Structure to its before-damaged condition would equal or exceed 50 percent of the market value of the Structure before the damage occurred;
hh. Substantial Improvement means any reconstruction, rehabilitation, additions or other improvements of a Building or other Structure, the cost of which cumulatively for the last five (5) years, equals or exceeds 50 percent of the market value of the Building or Structure (as determined by the cost approach to value) before the “start of construction” of the improvement. This term includes Buildings and other Structures which have incurred “substantial damage,” regardless of the actual repair work performed. The term does not, however, include either of the following:
(i) any project for improvement of a Building or Structure to correct existing violations of State or Town health, sanitary or safety code specifications which have been identified by the Building Official of the Town of Old Lyme and which is the minimum necessary to assure safe living conditions; and,
(ii) an alteration of an historic Structure as defined in Section 3, provided that the alteration will not preclude the Structure’s continued designation as an historic structure.
ii. Variance means 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.
jj. Violation means 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, flood-proofing certificates or required floodway encroachment calculations is presumed to be in violation until such time as that documentation is provided.
kk. Water Surface Elevation means 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.
[Preceding from former Section 33.3, Amended Effective 3-7-08, Amended Effective 7-18-11]
4.4.4 Requirements. Any man-made change to improved or unimproved real estate, including, but not limited to, Buildings or other Structures, site development, excavation, grading, removal or deposit of earth materials, mining, dredging, drilling operations, outside storage of equipment or materials, or paving, may be made within the special flood hazard area only in accordance with the requirements of this Section. The following are also applicable to requirements:
4.4.4.1 Other Restrictions. This Section is not intended to repeal, abrogate or impair any covenants, easements or other laws, regulations or ordinances, and, whichever imposes the more stringent restrictions shall prevail.
4.4.4.2 Interpretation. In the interpretation and application of this Section, all provisions shall be considered as minimum requirements and shall be construed so as to preserve and maintain the purpose and intent hereof.
4.4.4.3 Equal Conveyance. Within the floodplain, except those areas which are tidally influenced, as designated on the Flood Insurance Rate Map (FIRM) 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.
4.4.4.4 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 improvement incolving 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; storage shall be provided within the same hydraulic reach and a volume not previously used for flood storage; storage shall be hydraulically comparable and incrementally
equal to the theoretical volume of flood water at each elevation, up to and including the 100-year flood elevation, which would be displaces by the proposed project. Such compensatory storage can be provided off-site if approved by the Zoning Commission.
4.4.4.5 Aboveground Storage Tanks. Above-ground storage tanks (oil, propone, 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 have a screw fill cap that does not allow for the infiltration of flood water.
4.4.4.6 Portion of a Structure in Flood Zone. 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.
4.4.4.7 Structures in Two Flood Zones. 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 and porches that extend into a more restrictive zone will require the entire structure to meet the requirements of the more restrictive zone.)
4.4.4.8 No Structures Entirely or Partially Over Water. 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.
4.4.4.9 Warning and Disclaimer of Liability. The degree of flood protection established by this Section is considered reasonable for town-wide regulatory purposes and is based on available scientific and engineering studies. Larger floods may occur on rare occasions, and flood heights may increase as a result of manmade or natural causes. This Section does not imply that land outside of special flood hazard areas will be free from flooding or flood damages. This Section shall not create liability on the part of the Town of Old Lyme, any officer or employee thereof, or the Federal Insurance Administration, for any
flood damages that result from reliance on this Section or any administrative decision lawfully made hereunder.
4.4.4.10 Severability. If any section, subsection, paragraph, sentence, clause or phrase of this regulation should be declared invalid for any reason whatsoever, such decision shall not affect the remaining portions of this regulation, which shall remain in full force and effect; and, to this end, the provisions of this regulation are hereby declared to be severable.
[Preceding from former Section 33.4, Amended Effective 7-18-11]
4.4.5. Base Flood Elevation and Floodway Data. Elevation and floodway data applicable under this Section are identified as follows:
4.4.5.1 Map. The following zone designations are used on the Flood Insurance Rate Map:
Zone Explanation of Zone Designations
A Areas of 100-year flood; no base flood elevations determined.
AE Areas of 100-year flood; base flood elevations determined.
AO Areas of 100-year flood; flood depths of 1 to 3 feet (usually sheet flow on sloping terrain); average depths determined.
For areas of alluvial fan flooding, velocities also determined.
AH Areas of 100-year flood; flood depths of 1 to 3 feet (usually areas of ponding); base flood elevations determined
AR Special Flood Hazard Areas formerly protected from the 1% annual chance flood by a flood control system that was subsequently
decertified. Zone AR indicates that the former flood control system is being restored to provide protection from the 1% annual
chance or greater flood.
A99 Areas of 100-year flood; area to be protected from 1% annual chance flood by a Federal flood protection system under
construction; no Base Flood Elevations determined.
V Areas of 100-year flood; Coastal flood zone with velocity hazard (wave action); no Base Flood Elevations determined.
VE Areas of 100-year flood; Coastal flood zone with velocity hazard (wave action); Base Flood Elevations determined.
Floodway Areas in Zone AE: the floodway is the channel of a stream plus any adjacent floodplain areas that must be kept free of encroachment so
that the 1% annual chance flood can be carried without substantial increases in flood heights.
Other Flood Areas:
X (Shaded) Areas of 0.2% annual chance flood; areas of 1% annual chance flood with average depths of less than 1 foot or with drainage areas
less than 1 square mile; and areas protected buy levees from 1% annual chance flood.
X (Unshaded) Areas determined to be outside the 0.2% annual chance floodplain.
D Areas in which flood hazards are undetermined, but possible.
[Preceding from former Section 33.5.1, Amended Effective 7-18-11]
4.4.5.2 Base Flood Elevation and Floodway Data. When base flood elevation data or floodway data have not been provided, then the Zoning Enforcement Officer shall obtain, review and reasonably utilize, any base flood elevation and floodway data available from a Federal, State or other source in order to administer the provisions of Paragraph 4.4.6.; should the base flood or floodway data be obtained for any special flood hazard area, select and adopt a regulatory floodway based on the principle that the area chosen for the regulatory floodway must be designated to carry the waters of the base flood, without increasing the
water surface elevation of that flood more than one (1) foot at any point.
[From former Section 33.5.2, Amended Effective 3-7-08]
4.4.5.3 A Zone Restriction. 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) may be undertaken which would 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. [From former Section
33.5.3]
4.4.6 Standards. The following standards and requirements are applicable in special flood hazard areas, which shall be certified, under seal, by a Connecticut Licensed Professional Engineer and a Connecticut Licensed Land Surveyor, as applicable:
4.4.6.1 Anchoring. All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the Structure.
4.4.6.2 Construction Materials and Methods; Service Facilities. All new construction and substantial improvements shall be constructed with materials resistant to flood damage and by using methods and practices that minimize flood damage. Electrical, plumbing, HVAC 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.
4.4.6.3 Utilities. Water supply and sanitary systems shall conform to the following:
a. new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system;
b. new and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters; and,
c. on-site sewage disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
4.4.6.4 Special Flood Hazard Areas. The following standards are applicable to development, including new construction and substantial improvement, in Zones, AE, A, AO, AH, and A99:
a. Any residential Structure shall have the lowest floor, including Basement or Cellar, elevated to a minimum of one (1) foot above the base elevation;
b. Any commercial, industrial or other non-residential Structure shall either have the lowest floor, including Basement or Cellar, elevated to a minimum of one (1) foot above base flood elevation, or, shall, together with attendant utility and sanitary facilities, conform to the following:
(i) be floodproofed so that from one (1) foot above the base flood elevation and below, the structure is watertight with walls substantially impermeable to the passage of water;
(ii) have structural components capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy; and,
(iii) be certified by an architect or professional engineer licensed to practice in the State of Connecticut that the above standards are satisfied, which certifications shall be provided to the Zoning Enforcement Officer as set forth in Paragraphs 4.4.7.1c. and 4.4.8.3c.
c. Enclosed Areas Below the Minimum Elevation Standard. New construction or substantial improvements of buildings with the lowest floor elevated one (1) foot above the base flood elevation that include fully enclosed areas formed by foundation and other exterior walls below the minimum elevation standard are subject to the following additional standards:
(i) the enclosed space can only be used for the parking of vehicles, building access or limited storage;
(ii) areas below the lowest floor that are fully enclosed areas and 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 either a Connecticut registered professional engineer or architect or meet or exceed the following minimum criteria:
(a) Provide a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding;
(b) the bottom of all openings shall be no higher than one foot above grade;
(c) the openings may be equipped with screens, louvers, valves or other coverings or devices provided the devices permit the automatic and unobstructed flow of floodwaters in both directions.
(iii) the area below the minimum elevation standard shall not be a basement;
(iv) machinery or equipment that service the structure, such as furnaces, air conditioners, heat pumps, hot water heaters, ventilation, washers, dryers, electrical junction boxes, circuit breaker boxes and food freezers, shall not be permitted below the minimum elevation standard;
(v) all interior walls, floors and ceiling materials located below the minimum elevation standard shall be unfinished and resistant to flood damage;
(vi) a garage attached to as residential structure, constructed with the garage floor slab below the base flood elevation, must be designed to allow for the automatic entry and exit of floodwaters. Openings are required in the exterior walls of the garage or in the garage doors. The areas of the garage below the base flood elevation must be constructed with flood resistant materials. Garages attached to non-residential structures must meet the aforementioned requirements outlined in 4.4.6.4.c(i)-(v) or be dry floodproofed in accordance with
4.4.6.4b(i)-(iii).
d. Accessory buildings or structures may have the lowest floor located below the base flood elevation and must be wet floodproofed. Accessory buildings or structures must meet the following criteria:
(i) are less than 400 square feet in floor area;
(ii) are detached from a main residential structure;
(iii) are low-cost structures;
(iv) are used solely for parking (two-car detached garages or smaller) or limited storage (small, low-cost sheds), or are one-story row carports located on a lot in a Residence or Rural District containing multiple Dwelling Units;
(v) shall not have a basement or cellar excavated below the accessory building or structure;
(vi) shall not be used for human habitation;
(vii) shall be constructed and placed on a building site so as to offer the minimum resistance to the flow of floodwaters;
(viii) shall be firmly anchored to prevent flotation, collapse, and lateral movement, which may result in damage to other structures;
(ix) portions of the structure located below the base flood elevation must be constructed of flood-resistant materials; and,
(x) must comply with the floodway encroachment provisions.
Amended Effective 7-18-11
4.4.6.5 Coastal High Hazard Areas. The following additional standards are applicable to development, including new construction and substantial improvement, in the Zone V and VE portion of special flood hazard areas:
a. Location. All Buildings and Structures shall be located landward of the reach of high water (Mean High Water);
b. Elevation. All Buildings or Structures shall have the lowest horizontal supporting member elevated to a minimum of one (1) foot above the base flood elevation and all spaces below the lowest horizontal supporting member shall be open so as not to impede the flow of water, except for breakaway walls as defined in Paragraph 4.4.3. and provided for in Paragraph 4.4.6.5e.
c. Structural Support. All Buildings and Structures shall be securely anchored on pilings or columns. Pilings or columns used as structural support shall be designed and anchored so as to withstand all applied loads of the velocity of water and hurricane wave action. There shall be no fill used for structural support.
d. Certification. Compliance with the provisions of Paragraphs 4.4.6.5b. and 4.4.6.5c. shall be certified by an architect or professional engineer licensed to practice in the State of Connecticut, which certifications shall be provided to the Zoning Enforcement Officer as set forth in Paragraphs 4.4.7.1c. and 4.4.8.3c.
e. Space Below Lowest Floor. The following are applicable to any construction or substantial improvement and to new construction:
(i) There shall be no enclosure of the space below the lowest floor unless breakaway walls are used;
(ii) Breakaway walls shall be constructed with non-supporting open wood lattice work or insect screening intended to collapse under wind and water loads without causing collapse, displacement or other structural damage to the elevated portion of the Building or supporting foundation system. For the purposes of this Section, a breakaway wall shall have a design safe loading resistance of not less than 10 and no more than 20 pounds per square foot. Use of breakaway walls which exceed a design safe loading resistance of 20 pounds per square foot may be permitted only if a licensed professional engineer or architect certifies that the designs proposed meet the
following condition: 1) breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and, 2) the elevated portion of the Building and supporting foundation system shall not be subject to collapse, displacement, or other structural damage due to the effect of wind and water loads acting simultaneously on all Building components;
(iii) Such enclosed space shall be used solely for parking of vehicles, Building access, or limited storage;
(iv) Prior to construction, plans for any Structure that will have breakaway walls must be submitted to the Zoning Enforcement Officer for approval; and,
(v) Alteration to sand dunes which would increase potential flood damage in Zones V and VE is prohibited.
f. Prohibited Uses. Due to the unusual hazard to public health and safety created by their potential exposure to flooding, the following facilities and uses shall not be newly constructed or substantially improved within coastal high hazard areas:
(i) any portion or part of a public or community water system, including public or community water supply wells, pumping stations, treatment facilities, and storage tanks and towers, the exposure to high velocity flood waters or the inundation of which could result in contamination of the water supply or extended interruption of water service;
(ii) any portion or part of a public or community sewage disposal system, including sewage treatment facilities, septage lagoons, and sewage pumping stations, the exposure to high velocity flood waters or the inundation of which could result in contamination of public or private potable water sources or the release of untreated sewage into the water bodies or onto the land areas of the Town or extended interruption of sewage disposal service;
(iii) any portion or part of an electrical utility system, including generating facilities, transformer substations, and high-voltage transmission lines, the exposure to high velocity flood waters or the inundation of which could result in an extended interruption of electric service; and,
(iv) any structural storage facility or non-structural storage area for chemicals, explosives, flammable liquids (including gasoline and other fuels except for storage of fuels for retail sale to boats), road salt, manure or fertilizer, or other toxic material which could be hazardous to public health and safety.
Nothing in this Paragraph shall prevent the periodic maintenance, repair or replacement-in-kind of any portion or part of an existing public or community water system, sewage disposal system or electrical utility system.
[Preceding from former Section 33.6.5, Amended Effective 3-7-08, Amended Effective 7-18-11]
g. Propane tanks shall be secured to the ground so as to prevent their lateral movement during flood events. [Added effective 3-7-08.]
4.4.6.6 Floodways. Floodways as designated on the Flood Insurance Rate Map are extremely hazardous areas due to the velocity of flood waters which cause erosion and carry debris and potential projectiles. The following additional standards are applicable to development in relation to floodways:
a. Encroachment. There shall be no encroachments, including fill, new construction, substantial improvements, and other development, unless certification, with supporting technical data, by a Connecticut registered professional engineer licensed to practice in the State of Connecticut is provided demonstrating, through hydrologic analyses performed in accordance with standard engineering practice, that encroachments will not result in any (0.00 feet) increase in flood levels during the occurrence of the base flood discharge;
b. Other Standards Applicable. If the requirement of Paragraph 4.4.6.6a. is satisfied, all new construction and substantial improvements shall comply with all other applicable standards of this Section; and,
c. Prohibited Uses. New construction or substantial improvement of the uses and facilities enumerated in Paragraph 4.4.6.5f. is prohibited in floodways.
[Preceding from former Section 33.6.6 , Amended Effective 3-7-08, Amended Effective 7-18-11]
4.4.6.7 Manufactured Homes. The following standards and requirements are applicable to manufactured homes in special flood hazard areas (including manufactured homes located outside a manufactured home park or subdivision, in a new manufactured home park or subdivision, in an existing manufactured home park or subdivision, in and expansion to an existing manufactured home park or subdivision, or on a site in an existing manufactured home park in which a manufactured home has incurred substantial damage as a result of a flood):
a. All manufactured homes to be placed, or substantially improved, shall be elevated so that the lowest floor is elevated to a minimum of one (1) foot above the base flood elevation;
b. Any such home shall be placed on a permanent foundation which itself is securely anchored and to which the structure is securely anchored so that it will resist flotation, lateral movement, and hydrostatic and hydrodynamic pressures. Anchoring may include, but not be limited to, the use of over-the-top or frame ties to ground anchors; and,
c. Any such home shall be installed using methods and practices which minimize flood damage and shall comply with the following:
(i) Adequate access and drainage should be provided; and,
(ii) Elevation construction standards include the following: Piling foundations to be placed no more than 10 feet apart; and, reinforcement to be provided for piers more than six (6) feet above ground level.
d. All manufactured homes in the Zone V and VE portion of the special flood hazard areas must comply with standards set forth in Section 4.4.6.5;
e. Recreational vehicles placed on site within Zones A, AE, V and VE in special flood hazard areas must either be:
(i) on the site for fewer than 180 days;
(ii) 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 not permanently attached additions.); or,
(iii) meet the elevation and anchoring requirements for manufactured homes in Section 4.4.6.7 of these regulations.
[Preceding from former Section 33.6, Revised effective 3-7-08, Amended Effective 7-18-11]
4.4.7 Flood Hazard Area Permit. Development, including new construction, substantial improvement and the placement of prefabricated Buildings, may be made within special flood hazard areas only after a Flood Hazard Area Permit therefor has been obtained as follows:
4.4.7.1 Application. Application for a Flood Hazard Area permit shall be made to the Zoning Enforcement Officer on forms furnished for that purpose by such Officer and shall include at least: 1) plans in duplicate drawn to scale showing the nature, location, dimensions and elevations of the area in question; 2) existing or proposed Structures, fill, storage of materials and drainage facilities; and, 3) location of the foregoing. The following information is required in connection with all applications:
a. Elevation in relation to mean sea level of the lowest floor (including basement) of all Structures;
b. Elevation in relation to mean sea level to which any Structure has been or will be floodproofed;
c. Certification by an architect or professional engineer licensed to practice in the State of Connecticut that the floodproofing methods of any non-residential Structure meet the floodproofing criteria in Paragraph 4.4.6.4b(iii) and 4.4.6.5d;
d. Description of the extent to which any watercourse will be altered or relocated as a result of the proposed development, certification by an architect or professional engineer licensed to practice in the State of Connecticut that the flood carrying capacity within the altered or relocated portion will be maintained, and evidence that adjacent Towns affected and the Connecticut Department of Environmental Protection, Water Resources Unit, have been notified;
e. Plans for any walls to be used to enclose space below the base flood elevation; and,
f. Copies of all necessary permits from those Federal, State or Town governmental agencies from which prior approval is required.
[From former Section 33.7, Amended Effective 3-7-08]
4.4.8 Duties and Responsibilities of Zoning Enforcement Officer. Duties and responsibilities of the Zoning Enforcement Officer in the administration of this Section include, but are not limited to, the following:
4.4.8.1 Permit Application Review.
a. Review all Flood hazard permit applications to determine that the requirements of this Section have been satisfied and to determine whether proposed building sites will be reasonably safe from flooding;
b. Review all development permit applications to assure that the permit requirements of these Regulations have been satisfied and that all other necessary permits have been received from those Federal, State or Town governmental agencies from which prior approval is required;
c. Advise permittee that additional Federal or State permits may be required, and, if specific Federal or State permit requirements are known, require that copies of such permits be provided and maintained on file with the development permit, possibly including, but not limited to, a Coastal Area Management Permit, Water Diversion, Dam Safety, Corps of Engineers 404; and,
d. Review plans for walls to be used to enclose space below the base flood level in accordance with Paragraphs 4.4.6.4b. and 4.4.6.5e.
[Preceding from former Section 33.8.1, Amended Effective 3-7-08]
4.4.8.2 Other Base Flood and Floodway Data. When base flood and floodway elevation or floodway data is not provided on the Flood Insurance Rate Map or Floodway, Flood Boundary and Floodway Map, the Zoning Enforcement Officer shall obtain, review, and reasonably utilize any base flood elevation or floodway data available from a Federal, State or other source, in order to administer the standards of this Section.
[From former Section 33.8.2, Amended Effective 3-7-08]
4.4.8.3 Information. The following information shall be obtained from the applicant and maintained on file:
a. The actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved Structures;
b. For all new and substantially improved floodproofed structures, the actual elevation (in relation to mean sea level) to which the Structure was floodproofed;
c. In coastal high hazard areas, certification from an architect or professional engineer licensed to practice in the State of Connecticut, that the Structure is securely anchored to adequately anchored pilings or columns in order to withstand velocity waters and hurricane wave wash;
d. Evidence that adjacent Towns and the Connecticut Department Environmental Protection, Water Resources Unit, have been notified prior to any alteration or relocation of a Watercourse;
e. Certification that the flood carrying capacity within the altered or relocated portion of a Watercourse will be maintained; and,
f. Maintain for public inspection all records pertaining to the provisions of this Section.
[Preceding from former Section 33.8.3]
4.4.8.4 Reports. The following reports shall be made to the Federal Emergency Management Agency (FEMA):
a. Biennial report; and,
b. Copies of notification to adjacent Towns and the Connecticut Department of Environmental Protection, Water Resources Unit, concerning alterations or relocation of Watercourses.
[Preceding from former Section 33.8.4]
4.4.8.5 Interpretations of Boundaries. The Zoning Enforcement Officer is authorized to make interpretations, where needed, as to the exact location of boundaries of special flood hazard areas, such as where there appears to be a conflict between a mapped boundary and actual field conditions. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Paragraph 21.6 of these Regulations.
[From former Section 33.8.5, Amended Effective 3-7-08]
4.4.8.6 Alteration or Relocation of a Watercourse.
a. Notify adjacent Towns and the Department of Environmental Protection Water Resources Unit, prior to any alteration or relocation of a Watercourse and submit evidence of such notification to the Federal Emergency Management Agency; and,
b. Assure that maintenance is provided within the altered or relocated portion of said Watercourse so that the flood-carrying capacity is not diminished.
[From former Section 33.8.6]
4.4.8.7 Records on File. All records pertaining to the provisions of this Section shall be maintained in the office of the Zoning Enforcement Officer.
[From former Section 33.8.7, Amended Effective 3-7-08]
4.4.9. Variance Procedures. The Zoning Board of Appeals shall hear and decide appeals and requests for variances from the requirements of this Section 4.4. Variances shall only be issued upon:
a. a showing of good and sufficient cause;
b. a determination that failure to grant the variance would result in exceptional hardship; and,
c. a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisance, cause fraud on or victimization of the public, or conflict with existing town regulations.
Only hardships which are based on unusual physical characteristics of the property in question, characteristics which are not shared by adjacent properties, shall qualify to meet subsection (ii) above. Claims of hardship based on the structure, personal, or economic circumstances are not sufficient cause for granting of a variance under this regulation. 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 lowest floor elevation. The Town of Old Lyme shall maintain records of all variances granted and report and variances to the Federal Emergency
Management Agency (FEMA).
[Amended Effective 7-18-11]
| 
