SECTION 25-28 FLOOD PLAIN MANAGEMENT CONTROLS

ARTICLE VI

SECTION 25.28 FLOOD PLAIN MANAGEMENT CONTROLS

A. GENERAL. This Section is adopted to protect the public health and safety and property values from floods and flood related dangers.

B. FLOOD PLAIN ZONE BOUNDARIES. The Flood Plain Zone is a class of zone in addition to and overlapping one or more of the other zones. The Flood Plain Zone is delineated on a map adopted by the Board of Aldermen of the City of Derby in conjunction with the Ordinance Concerning Flood Plain Management, which map is entitled “Flood Insurance Rate Map, City of Derby, Connecticut, New Haven County”, was prepared by the Federal Insurance Administration and shows the Flood Plain Zone as consisting of all lands located within the natural stream channel of the Housatonic River and Naugatuck River as well as lands identified on said map as Zone A and Zone A-13. Said map is a part of these Zoning Regulations.

C. REGULATION. The requirements of this Section are in addition to the requirements of the underlying district or districts where located. In a Flood Plain Zone, except as provided in Sec. 25.28 (D) Exemptions, no lot or land, and no building or other structure, shall be used, no building or other structure shall be erected, constructed, moved, altered, reconstructed, enlarged or extended and there shall be no man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation and drilling, until a Zoning Permit is issued or an Application for Special Exception Use or Application for Approval of Site Plan, if applicable, is approved in accordance with the standards and procedure specified in Sec. 25-17 and 25-18.

D. EXEMPTIONS. The requirements of this Section are not applicable to the following:

1. improvement, including repair or reconstruction, of existing buildings or other structures, when the total cost of such improvement is less than 50% of the market value of the building or structure before improvement is started or, if the building or structure has been damaged, before the damage occurred;

2. improvement, including repair or reconstruction, necessary to comply with existing State or City health, sanitary or safety codes and such improvement is solely necessary to assure safe living accommodations; or

3. the improvement, including repair or reconstruction is directly related to a structure listed on the National Register of Historic Places or any State of Connecticut Inventory of Historic Places.

E. STANDARDS AND USES. The proposed use, building or other structure or development shall conform to all the requirements of the district where located except that mobile homes, general hospital or nursing homes and buildings for public assembly are specifically prohibited. The proposed use, building or other structure or development shall conform to the standards and other requirements of the Ordinance Concerning Flood Plain Management.

F. PROCEDURE.

1. Application for Zoning Permit or Application for Special Exception Use or Site Plan, where applicable, shall be prepared and submitted in a manner to satisfy the requirements of Sec. 25-17 or 25-18 shall show the boundaries of the Flood Plain Zone, and shall provide all information required by the Ordinance Concerning Flood Plain Management, including identification of the water surface elevation of a flood having a one percent (1%) chance of being equaled or exceeded in any given year.

2. Any decision of approval of a Zoning Permit granted by the Zoning Officer or of an Application for Special Exception Use or Site Plan by the Commission shall be conditioned upon the applicant submitting evidence that a Flood Compliance Permit has been issued in accordance with the Ordinance Concerning Flood Plain Management.

3. In granting a permit for construction of a building or other structure below the water surface elevation of a flood having a 1% chance of being equalled or exceeded in any given year, the applicant shall be notified in writing that such variance will result in increased premium rate for flood insurance up to amounts as high as $25 for $100 of insurance coverage and that such construction increases risk to life and property.