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Form #881

Flood 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.

Contributed by
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Name of Firm Anonymous2
Total Forms Contributed 51
 

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Terms Of Use

Submissions to this site, including any legal or business forms, posts, responses to questions or other communications by contributors are not intended as and should not be construed as legal advice. You are strongly encouraged to consult competent legal council before engaging in any action based upon content contained on this site.

These downloadable forms are only for personal use. Retransmission, redistribution, or any other commercial use is prohibited. This includes reposting forms from this site to another site offering free legal or other document forms for download.

Please note that the donator may have included different usage terms regarding this form, and you agree to abide by these terms. It is highly recommended that you have a licensed attorney review any legal documents for which you are searching in order to make sure that your needs are being properly and completely satisfied.

Your use of this site constitutes your acceptance of our terms of use and your agreement to hold this site, its officers, employees and any contributors to this site harmless for any damage you might incur from your use of any submissions contained on this site. If you do not agree to the above terms, please do not proceed.

These forms are provided to assist business owners and others in understanding important points to consider in different transactions. They are offered with the understanding that no legal advice, accounting, or other professional service is being offered by these documents or on this website. Laws vary in the different states. Agreements acceptable in one state may not be enforced the same way under the laws of another state. Also, agreements should relate specifically to the particular facts of each situation. Therefore, it is important to consult legal counsel whenever utilizing these forms. The Forms are not a substitute for legal advice YourFreeLegalForms.com is not engaged in recommending or referring members on the site or making claims about the competence, character or qualifications of its participating members.
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