FLOOD HAZARD AREA BYLAW
TOWN OF GUILFORD, VERMONT
SECTION 1.0 STATEMENT OF PURPOSE
It is the purpose of this Bylaw to promote the public health,
safety, and general welfare, to prevent increases in flooding
caused by the uncontrolled development of lands in flood hazard
areas, to minimize losses due to flooding, and to maintain the
Town's eligibility to participate in the National Flood Insurance
Program.
SECTION 2.0 FLOOD HAZARD BOUNDARY MAP
This Bylaw shall apply to all lands within Zone A on the Flood
Insurance Rate Map (dated June 3, 1986), as it may be amended,
which is hereby declared to be part of this Bylaw, and it is on
file in the Guilford Town Office.
SECTION 3.0 INTERPRETATION OF FLOOD HAZARD AREA BOUNDARIES
The Administrative Officer shall determine the location of
boundaries of the flood hazard areas by scaling distances on the
Map. Upon appeal from the decision of the Administrative Officer
as to boundary location, the Board of Adjustment shall make the
final determination.
SECTION 4.0 PROCEDURES
4.1 Land Development including the construction, reconstruction, conversion, relocation or substantial improvement in any building or other structure, or of any mining, excavation or land fill, or extension of use of land in the flood hazard area, or alteration or relocation of a watercourse may be permitted only by approval of the Board of Adjustment in accordance with the standards set forth in Section 6.0 of this Bylaw.
4.2 Upon receipt of an application and plans, the Board of Adjustment shall transmit one copy to the Vermont Department of Water Resources in accordance with Section 4409(c)(2) of the Act.
4.3 In riverine situations, the Board of Adjustment shall notify adjacent communities and the Vermont Department of Water Resources prior to approval of any alteration or relocation of a watercourse and submit copies of such notification to the Administrator.
SECTION 5.0 REQUIREMENTS FOR APPLICATIONS FOR PERMITS
All applications for permits shall include the following:
a. Two (2) copies of plans drawn to scale showing the
nature, location, dimensions and elevations of the lot.
b. Existing and proposed structures including the elevation of the lowest habitable floor including basement and confirmation as to whether such structures contain a basement.
c. Proposed fill and/or storage of materials.
d. Proposed flood proofing measures and the level to which any structure will be flood proofed.
e. The relationship of the proposal to the location of the
channel.
f. The extent of the flood hazard area and the base flood elevation utilizing the best information available.
g. For all subdivisions and development which requires a permit under Section 4.1 and which involves more than 50 lots or 5 acres, the base flood elevation for that portion that lies within Zone A.
SECTION 6.0 STANDARDS
6.1 Before a permit may be granted, the Board of Adjustment shall require:
a. That all building sites will be reasonable safe from flooding;
b. That the use is located, designed and anchored to prevent flotation, collapse or lateral movement;
c. That the use is constructed of materials and utility equipment that are resistant to flood damage;
d. That the use is constructed using methods and practices that will minimize flood damage;
e. That the structure 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;
f. That the use is designed so that adequate drainage is provided as to reduce exposure to flood hazards;
g. That new or replacement water supply systems and/or sanitary sewage systems are designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters and that on-site disposal systems are located so as to avoid impairment of them or contamination from them during flooding;
h. That the flood carrying capacity within any portion of an altered or relocated watercourse is maintained;
i. That all manufactured homes be anchored to resist flotation, collapse, or lateral movement by (i) over-the-top ties to ground anchors at each of the four corners of the manufactured home, with two additional ties per side at intermediate locations and manufactured homes less than 50 feet long requiring one additional tie per side; (ii) frame ties at each corner
of the home with five additional ties per side at intermediate points and manufactured homes less than 50 feet long four additional ties per side; (iii) an anchoring system capable of carrying a force of 4,800 pounds, and (iv) the anchoring of any additions.
j. That all necessary permits be obtained from those governmental agencies from which approval is required by federal or state law.
6.2 The Board of Adjustment may, after public notice and
hearing, approve the repair, relocation, replacement, or
enlargement of a structure not conforming with this Bylaw,
if it complies with the requirements of Section 6.1 above
and meets the following criteria:
a. The repair, relocation, or enlargement of such
structure is required for the continued economically
feasible operation of a non-residential enterprise;
b. The repair, relocation, or enlargement of such
structure will not increase flood levels in the
regulatory floodway, threaten the health, safety, and
welfare of the public or other property owners;
c. The permit so granted shall state that the repaired,
relocated, or enlarged structure id located in a
regulated flood hazard area, does not conform to the
bylaws pertaining thereto, may not be eligible for any
flood insurance which may pertain to regulated flood
hazard areas, and will be maintained at the risk of the
owner;
d. A copy of such permit shall be affixed to the copy of
the deed of the concerned property on file in the Town
Clerk's Office.
6.3 If any base flood elevation or floodway data is available
from a federal, state, or other source, the Board of
Adjustment shall obtain, review and reasonably utilize this
data until such other data has been provided by the
Administrator as criteria for requiring that:
a. The lowest floor, including basement, of all new
buildings shall be at or above the base flood
elevation.
b. Existing buildings to be substantially improved for
residential purposes shall be modified or elevated to
meet the requirements of subsection a.
c. Existing buildings to be substantially improved for
non-residential purposes shall either (1) meet the
requirements of subsection a, or (2) be designed to be
watertight below the base flood elevation with walls
substantially impermeable and with structural
components having the capability of resisting
hydrostatic and hydrodynamic loads and effects of
buoyancy. A permit for a building proposed to be
floodproofed 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.
d. 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.
e. All new construction and substantial improvements with
fully enclosed area below the lowest floor that are
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 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 shall be no higher than one
foot above grade. Openings may be equipped with
screens, louvers, valves, or other coverings or devices
provided that they permit the automatic entry and exit
of floodwaters.
SECTION 7.0 ADMINISTRATION AND ENFORCEMENT
7.1 An Administrative Officer and a Board of Adjustment shall be
appointed in accordance with the Act, for the purpose of
administering this Bylaw.
7.2 Application for a permit shall be made to the Administrative
Officer, who shall transmit such application to the Board of
Adjustment.
7.3 The provisions of this Bylaw shall be administered and
enforced as provided by Sections 4441-4448 and 4461-4475 of
the Act.
7.4 Variances from the requirements of this Bylaw shall be
granted by the Board of Adjustment only:
Title 24; Section 4412(f) & (h) to apply.
a. In substantial accordance with the provisions of 24
V.S.A. Section 4468;
b. Upon a determination that the variance will not result
in increased flood heights, threats to public safety,
extraordinary public expense, create nuisances, cause
fraud on or victimization of the public, or conflict
with existing local laws or ordinances.
7.5 The Secretary of the Board of Adjustment shall notify the
applicant that:
a. The issuance of a variance to construct a structure
below the base flood elevation will result in increased
premium rates for flood insurance up to amounts as high
as $25 or $100 per annum of insurance coverage, and
b. Such construction below the base flood elevation
increases risks of life and property.
7.6 The Secretary of the Board of Adjustment shall:
a. Maintain a record of all applications, permits and
activities of the Board,
b. Maintain a record of all variance actions, including
justification for their issuance, and
c. Report such variances issued in its annual report to
the Administrator.
7.7 The Secretary of the Board of Adjustment shall also maintain
a record of:
a. The elevation in relation to mean sea level, of the
lowest habitable floor, including basement, of all new
or substantially improved structures, and whether or
not such structures contain a basement, and
b. The elevation, in relation to mean sea level, to which
the structure was floodproofed.
SECTION 8.0 PRECEDENCE OF REGULATIONS
The provisions of this Bylaw shall take precedence over any
conflicting or less restrictive local laws.
SECTION 9.0 SEVERABILITY
If any portion of this Bylaw is held unconstitutional or invalid
by a competent court, the remainder of the Bylaw shall not be
affected thereby.
SECTION 10.0 WARNING OF DISCLAIMER OF LIABILITY
This Bylaw does not imply that areas outside the flood hazard
area or land uses permitted within such districts will be free
from flooding or flood damages. Neither the town nor any
official or employee thereof shall be liable for any flood
damages occurring within or outside any flood hazard area,
whether or not resulting from reliance upon this Bylaw or any
administrative decision made hereunder and whether or not a
permit was applied for or issued.
SECTION 11.0 EFFECTIVE DATE
This Bylaw shall take effect from the date hereof, unless a
petition is presented according to the provisions of
Section 4404(c) of the Act. Notwithstanding the foregoing, this
Bylaw shall be subject to adoption or rejection by the Town by
Australian Ballot at the next regular or special town meeting
following adoption by the Board of Selectmen.
SECTION 12.0 DEFINITIONS
ACT - The Vermont Municipal and Regional Planning and Development
Act (Chapter 117, Title 24 V.S.A.).
ADMINISTRATOR - The Federal Insurance Administrator.
"Area of special flood hazard" is the land in the flood plain
within a community subject to one percent or greater chance
of flooding in any given year. The area may be designated
as Zone A on the FHBM. After detailed ratemaking has been
completed in preparation for publication of the FIRM, Zone A
usually is refined into Zones A, AO, AH, A1-30, AE or A99.
"Base Flood" means the flood having a one percent chance of being
equalled or exceeded in any given year.
"Basement" means any area of the building having its floor
subgrade (below ground level) on all sides.
"Building" means a walled and roofed building including a gas or
liquid storage tank that is principally above ground.
"Development" means the division of a parcel into two or more
parcels, the construction, reconstruction, conversion,
structural alteration, relocation or enlargement of any
building or other structure, or of any mining, excavation or
landfill, and any change in the use of any building or other
structure, or land, or extension of use of land.
"Flood Insurance Rate Map" (FIRM) means an official map of a
community, on which the Administrator has delineated both
the special hazard areas and the risk premium zones
applicable to the community.
"Flood Insurance study" means an examination, evaluation, and
determination of flood hazards and, if appropriate,
corresponding water surface elevations.
"Flood Proofing" means any combination of structural and
non-structural 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.
"Floodway" means the channel of a river or other watercourse and
the adjacent land areas that must be reserved in order to
discharge the base flood without cumulatively increasing the
water surface elevation more than a designated height.
"Lowest Floor" means the lowest floor of the lowest enclosed area
(including basement). 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
enclosure is not built so as to render the structure in
violation of the applicable non-elevation design
requirements of Section 60.3.
"Manufactured Home" means a structure, transportable in one or
more sections, which is built on a permanent chassis and is
designed for use with or without a permanent foundation when
connected to the required utilities. For flood plain
management purposes the term 'manufactured home' also
includes park trailers, travel trailers, and other similar
vehicles placed on a site for greater than 180 consecutive
days. For insurance purposes the term 'manufactured home'
does not include park trailers, travel trailers, and other
similar vehicles.
"Mean sea level" means, for purposes of the National Flood
Insurance Program, the National Geodetic Vertical Datum
(NGVD) of 1929 or other datum, to which base flood
elevations shown on a community's Flood Insurance Rate Map
are referenced.
"Structure" means an assembly of materials for occupancy or use,
including, but not limited to, a building, mobile home or
trailer, billboard, sign, wall or fence, except a wall or
fence on an operating farm.
"Substantial Improvement" means any repair, reconstruction, or
improvement of a structure, the cost of which equals or
exceeds 50 percent of the market value of the structure
either, (a) before the improvement or repair is started, or
(b) if the structure has been damaged, and is being
restored, before the damage occurred. The term does not,
however, include either (1) any project for improvement of
a structure to comply with existing state or local health,
sanitary, or safety code specifications which are solely
necessary to assure safe living conditions, or (2) any
alteration of a structure listed on the National Register of
Historic Places or a State Inventory of Historic Sites.
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BOARD OF SELECTMEN
TOWN OF GUILFORD
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Date of Adoption by Date of Adoption by
Board of selectmen Town Meeting
