Danville Vermont
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Danville Vermont
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Interim Bylaw Sec 313 Flood Hazard Area Requirements of the Town of DanvilleSupercedes Sec 313 Flood Hazard Area Requirements Zoning Bylaw adopted March 5 1985.Sec 313: Flood Hazard Area Requirements313.1 Lands to Which These Regulations Apply These regulations shall apply in all areas in the Town of Danville identified as areas of special flood hazard on the National Flood Insurance Program maps which are hereby adopted by reference and declared to be part of these regulations. 313.2 Development Permit Required A permit issued by the Administration Officer is required for all development in areas of special flood hazard. Conditional use approval by the Development Review Board is required for construction of new buildings, the substantial improvement of existing buildings, or floodway development. 313.3 Procedures A. If the application is not prohibited by other sections of this bylaw, the Administrative Officer shall, prior to issuing a permit, submit a copy of the application to the Vermont Agency of Natural Resources, Flood Plain Management Section in accordance with 24 V.S.A. 4409 and 4412. A permit may be issued only following receipt of comments from the Agency or the expiration of the 30 days from the date the application was mailed to the agency, whichever is sooner. B. The Development Review Board shall notify adjacent communities and the Vermont Agency of Natural Resources at least 15 days prior to holding a public hearing for the alteration or relocation of a watercourse and copies of such notification shall be submitted to the Administrator of the Federal Insurance Administration. Following one or more public hearings the Development Review Board may act on the permit following receipt of comments from the Agency or the expiration of the 30 days. C. The Administrative Officer shall review the proposed development to assure that all necessary permits have been received from those government agencies from which approval is required by Federal State or Municipal law. 313.4 Base Flood and Floodway Limits A. Where available (i.e., Zone A1-A30, AE, and AH) the base flood elevations and floodway limits provided by the National Flood Insurance Program in the Flood Insurance Study and accompanying maps shall be used to administer and enforce these regulations. B. In areas where the base flood elevations and floodway limits have not been provided by the National Flood Insurance Program (i.e., Zone A) base flood elevations and floodway information available from State or Federal agencies or other sources, shall be obtained and reasonably utilized to administer and enforce these regulations. 313.5 Development Standards A. Floodway Areas 1. Development within the floodway is prohibited unless a registered professional engineer certifies that the proposed development will not result in any increase in flood levels during the occurrence of the base flood. 2. Junkyards and storage facilities for floatable materials, chemicals explosives, flammable liquids, or other hazardous or toxic materials, are prohibited within the floodway. B. Fringe Areas (i.e. flooded areas outside of the floodway) 1. All development shall be designed (i) to minimize flood damage to the proposed development and to the public facilities and utilities, and (ii) to provide adequate drainage to reduce exposure to flood hazards 2. Structures shall be (i) designed (or modified) and adequately anchored to prevent flotation, collapse, or lateral movement of the structure during the occurrence of the base flood, (ii) be constructed with materials resistant to flood damage, (iii) be constructed by methods and practices that minimize flood damage, and (iv) be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. 3. The flood carrying capacity within any altered or relocated portion of a watercourse shall be maintained. 4. New and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into the flood waters. 5. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. 6. New and replacement manufactured homes shall be elevated on properly compacted fill such that the top of the fill (the pad) under the entire manufactured home is above the base flood elevation. 7. The lowest floor, including the basement, of all new buildings shall be at or above the base line flood elevation. 8. Existing buildings to be substantially improved for residential purposes shall be modified or elevated to meet the requirements to meet the requirements of subsection 7. 9. Existing buildings to be substantially improved for non-residential purposes shall either (i) meet the requirements of subsection 8, or (ii) be designed to be water tight below the base flood elevation with walls substantially impermeable and with structural components having the capacity of resisting hydrostatic and dynamic loads and effects of buoyancy. A permit for a building proposed to be flood proofed shall not be issued until a registered professional engineer or architect has reviewed the structural design, specifications and plans, and has certified that the design and proposed methods of construction are in accordance with accepted standards of practice for meeting the provisions of this subsection. 10. All new construction and substantial improvements with fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria: 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 shall be provided. The bottom of all openings hall be no higher than one 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. 11. Recreational Vehicles placed on sites within Zones A1-A30, AH and AE shall either (i) be on site for fewer than 180 consecutive days, (ii) be fully licensed and ready for highway use, or (iii) meet all standards of Section60.3(b)(1) of the National Flood Insurance Program Regulations and the elevation and anchoring requirements for “manufactured homes” of Section 60.3(c)(6). 313.6 Duties and Responsibilities of the Administration Officer The Administrative Officer shall maintain a record of (1) all permits issued for development in areas of special flood hazard (2) the elevation, in relation to mean sea level, of the lowest floor, including basement, of all new or substantially improved buildings (3) the elevation, in relation to mean sea level, to which buildings have been flood proofed (4) all flood proofing certifications required un this regulation (5) all variance actions, including justification for their issuance 313.7 Variances to the Development Standards Variances shall be granted by the Development Review Board only in accordance with 24 V.S.A. Section 4468 and 4412(h) and in accordance with the criteria for granting variances found in 44 CFR, Section 60.6 of the National Flood Insurance Program regulations. 313.8 Definitions The National Flood Insurance Program definitions contained in 44 CFR Section 59.1 are hereby adopted by reference and shall be used to interpret and enforce these regulations. Adopted by the Danville Selectboard on ____________ Michael Walsh _________________________ Larry Gadapee _________________________ Marion Sevigny ________________________ Rick Sevigny __________________________ Gary Turner ___________________________ |
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