FLOODPLAIN DEVELOPMENT ORDINANCE

December 5, 2012 Andrew Pinard Ordinances/Policies 0

FLOODPLAIN DEVELOPMENT ORDINANCE

EFFECTIVE: MARCH 10, 1992

This ordinance, adopted pursuant to the authority of RSA 674:16, shall be known as the Town ofBradford Floodplain Development Ordinance. The regulations in this ordinance shall overlay and supplement the regulations in the Town ofBranford’s Zoning Ordinance, and shall be considered part of the Zoning Ordinance for purposes of administration and appeals under state law. If any provision of this ordinance differs or appears to conflict with any provision of the Zoning Ordinance or other ordinance or regulation, the provision imposing the greater restriction or more stringent standard shall be controlling.

The following regulations in this ordinance shall apply to all lands designated as special flood hazard areas by the Federal Emergency Management Agency (FEMA) in it’s “Flood Insurance Study for the Town of Bradford, New Hampshire” together with the associated Flood Insurance Rate Maps dated April 15, 1992 which are declare to be a part of this ordinance and are hereby incorporated by reference.

Item I Definition of Terms: the following definitions shall apply only to this Floodplain Development Ordinance, and shall not be affected by the provisions of any other ordinance of the Town ofBradford.

“Area of Shallow Flooding” means a designated AO,AH or VO zone on the Flood Insurance Rate Map (FIRM) with a one- percent or greater a possibility of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by pounding or4 sheet-flow.

“Area of Special Flood Hazard’ the land in the floodplain within the Town ofBradfordsubject to a one-percent or greater possibility of flooding in any given year. The area is designated as Zone A on the Flood Hazard (FHBM) and is designated on the FIRM as Zone A or AE.

“Base Flood” means the flood having a one-percent possibility of being equal or exceeded in any given year.

“Basement” means any area of a building having its floor subgrade on all sides.

“Building” – see “structure”

“Breakaway wall” means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion off the building or supporting foundation.

“Development” means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavating or drilling operation.

“FEMA” means the Federal Emergency Management Agency.

“Food” or “Flooding” means a general and temporary condition of partial or complete inundation of dry land areas from:

  1. The overflow of inland or tidal waters,
  2. The unusual and rapid accumulation or runoff of surface waters from any source.

“Flood Elevation Study” means an examination, evaluation, and determination of flood hazards and if appropriate, corresponding water surface elevation, or an examination and determination of mudslides or flood related erosion hazards.

“Flood Insurance Rate Map” (FIRM) means an official map incorporated with this ordinance, on which FEMA has delineated both the special flood hazard areas and the risk premium zones applicable to the Town of Bradford.

“Flood Insurance Study” – see” Flood elevation study”

“Floodplain” or “Flood- prone area” means any land area susceptible to being inundated by water from any source (see definition of “Flooding”).

“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 sanitation facilities, structures and their contents.

“Floodway” – see “Regulatory Floodway”

“Functional use” means a use which cannot perform its intended purpose unless it is located or carried in close proximity to water. The term includes only docking and port facilities that are necessary for loading / unloading of cargo or passengers, and ship b? repair facilities, but does not include long-term storage or related manufacturing facilities.

“Highest adjacent grade” means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

“Historic Structure” means any structure that is:

  1. Listed individually in the National Register of Historic Places ( a listing maintained by the Department if the Interior) or preliminarily determined by the Secretary of the Interior meeting the requirements for individual listing on the National Register;
  2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
  3. Individually listed on a state inventory of historical places in states with historic preservation programs which have been approved by the Secretary of Interior; or
  4. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either;
  • By an approved state program as determined by the Secretary of the Interior, or
  • Directly by the Secretary of the Interior in states without approved programs.