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Form #881Flood Plain Zoning
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Covers Purpose, Non-Liability, Intent, Alterations and Establishment of Areas and Area Regulations
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Flood plain zoning.
SECTION
ONE.
PURPOSE
The purpose and intent of the Special Flood Plain
Hazard District is to:
(a) Protect the future health, safety and welfare of
the inhabitants of the Town of _________ from hazards due to periodic flooding;
(b) Minimize public and private damages, including
expenditures for relief, insurance and flood-control projects;
(c) Protect human life and health;
(d) Minimize surface and groundwater pollution that
may affect human, animal or plant life;
(e) Require floodproofing of those structures that
exist in or must of necessity be constructed on flood hazard areas;
(f) Establish and maintain eligibility for the Town of
_________, _________ County, _________[state], for its residents and
property owners in all applicable federal and state flood insurance programs.
SECTION
TWO.
NONLIABILITY
The Town of _________, _________ County, _________[state]
does not guarantee, warrant or represent that those structures or other
improvements designed and constructed in accordance with this ordinance will
not be subject to flood damage and hereby asserts that there is no liability on
the part of the Town of _________ or the _________[Town Council], its
officers, agencies, contractors, agents or employees for any flood damage that
may occur as a result of reliance on and compliance with this ordinance.
SECTION
THREE.
INTENT
It is the intent of this ordinance to minimize the
potential loss of life and property during periods of flooding by regulating
the alteration and development of those areas within the flood plain.
SECTION
FOUR.
ALTERATIONS
No exterior structural alteration or addition to an
existing structure shall be made until a permit shall first have been issued by
the _________[specify official, such as: Town Building Inspector] acting
on the instructions of the _________[specify legislative body, such as: Town
Board]. Ordinary repairs (e.g., roof repair, porch, new siding, painting,
etc.) and interior renovations (e.g., remodeling of ceilings, walls, floors, etc.)
to buildings or structures may be made without obtaining a permit.
SECTION
FIVE.
ESTABLISHMENT
OF AREAS AND AREA REGULATIONS
5.1. Area Boundary Lines. The deliniation of Special
Flood Hazard Areas (SFHA) and their boundary lines are drawn on the Official
Map accompanying this ordinance and such Official Map shall be part of this
ordinance.
5.2.
Official Map. Area boundary lines shall be interpreted from the Official Map
accompanying this ordinance. Dimensions of such lines will be scaled from the
Official Map and compared with ground distances between definite
natural or man-made points. Thereafter, changes on the
Official Map shall become part of the Official Map when approved by the
_________[specify legislative body, such as: Town Board].
5.3. Interpretation. In the case of uncertainty as to
the true location of Special Flood Hazard Area boundary lines or on
interpretation of Special Flood Hazard Area regulations, the decision of the
_________[Board of Appeals] or the _________[Planning Board]
shall be final. Nothing in this ordinance is intended to imply that areas
outside the Special Flood Hazard Area will be free from flooding.
5.4. Map Modification. The Special Flood Hazard Area
boundary lines will be further modified following the establishment of Floodway
and Floodway Fringe Areas as delineated in a survey to be made by the _________[specify
appropriate agency of the federal government, such as: Flood Administrator of
the United States Department of Housing and Urban Development].
Further modification will be in accordance with
amendment procedures as set forth in this ordinance.
5.5. Application of Regulations. The regulations for
the Special Flood Hazard Areas shall be adhered to in compliance with this
ordinance.
5.6. Special Flood Hazard Areas (SFHA) Regulations. A
permit shall be issued when it is determined that the structure is located
within a Special Flood Hazard Area and the proposed construction or alteration
is in full compliance with the statutes of the State of _________, National Board
of Fire Underwriters standards and all other applicable Town codes and the
following Special Flood Hazard Areas regulations:
5.6.1. (a) Alterations or repairs shall use
construction materials and utility equipment that are resistant to flood
damage, and
(b). Use construction methods and practices that will
minimize flood damage.
5.6.2. Proposed new construction or substantial
improvements shall (including prefabricated and mobile homes):
(a) Be protected against flood damage;
(b) Be designed (or modified) and anchored to prevent
flotation, collapse or lateral movement of the structure;
(c) Use construction materials and utility equipment
that are resistant to flood damage; and
(d) Use construction methods and practices that will
minimize flood damage.
5.6.3. Require new or replacement water systems and/or
sanitary sewage systems to be designed to minimize or eliminate infiltration of
flood waters into the systems and discharges from the system into flood waters
and require on-site waste disposal systems to be located so as to avoid
impairment of them or contamination from them during flooding.
5.6.4. Joist-bearing sills shall be anchored to the
foundation walls at intervals not to exceed eight (8) feet, and four (4) feet
at corners by anchor bolts not less than three-quarters of an inch in diameter
with proper washers embedded at least two (2) feet into such walls.
5.6.5. Other Special Flood Hazard Areas Regulations.
Before a permit is issued in a Special Flood Hazard Area:
(a) The _________[specify official, such as: Town
Building Inspector] shall take into account flood plain management
programs, if any, already in effect in neighboring areas;
(b) The _________[specify official, such as: Town
Building Inspector] shall provide that within the Special Flood Hazard Area
the laws and ordinances concerning land use and control and other measures
designed to reduce flood losses shall take precedence over any conflicting
laws, ordinances or codes; and
(c) The Planning Board shall review subdivision
proposals and other proposed new developments to ensure that:
(1) All such proposals are consistent with the need to
minimize flood damage;
(2) All public utilities and facilities, such as
sewer, gas, electrical and water systems, are located, elevated and constructed
to minimize or eliminate flood damage; and
(3) Adequate drainage is provided so as to reduce
exposure to flood hazards.
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These forms are provided to assist business owners and others in understanding important
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that no legal advice, accounting, or other professional service is being offered
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