Town Of Cabot

Flood Hazard Area Regulations

I. Statutory Authorization and Effect

In accordance with 10 V.S.A. Chapter 32, and V.S.A. Chapter 117 §4424, §4411 and §4414, there is hereby established a bylaw for areas at risk of flood damage in the Town of Cabot, Vermont. Except as additionally described below, all administrative procedures follow 24 VSA Chapter 117.

II. Statement of Purpose

It is the purpose of this bylaw to:

•    Implement the goals, policies, and recommendations in the current municipal plan;

•    Avoid and minimize the loss of life and property, the disruption of commerce, the impairment of the tax base, and the extraordinary public expenditures and demands on public services that result from flooding;

•    Ensure that the selection, design, creation, and use of development is reasonably safe and accomplished in a manner that is consistent with public wellbeing, does not impair flood plain services or the stream corridor; and

•    Manage the flood hazard area designated pursuant to 10 V.S.A. Chapter 32 § 753, the municipal hazard mitigation plan; and make the Town of Cabot, its citizens, and businesses eligible for federal flood insurance, federal disaster recovery funds, and hazard mitigation funds as may be available.

ПI. Other Provisions

A. Precedence of Bylaw

The provisions of these flood hazard bylaws shall not in any way impair or remove the necessity of compliance with any local, state, or federal laws or regulations. Where this flood hazard regulation imposes a greater restriction the provisions here shall take precedence.

B. Validity and Severability

If any portion of this bylaw is held unconstitutional or invalid by a competent court, the remainder of this bylaw shall not be affected.

C. Warning of Disclaimer of Liability

This bylaw does not imply that land outside of the areas covered by this bylaw will be free from flood damages. This regulation shall not create liability on the part of the Town of Cabot, or any municipal official of employee thereof, for any flood damages that result from reliance on this regulation, or any administrative decision lawfully made hereunder.

IV. Lands to Which these Regulations Apply

A. Regulated Flood Hazard Areas

These regulations shall apply to the Special Flood Hazard Area in and on the most current flood insurance studies and maps published by the Department of Homeland Security, Federal Emergency Management Agency (FEMA), and the National Flood Insurance Program (NFIP). The boundary of the Special Flood Hazard Area or floodway shall be determined by the Zoning Administrator (“ZA”). If the applicant disagrees with the determination of the ZA, a Letter of Map Amendment from FEMA shall constitute proof.

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B. Base Flood Elevations and Floodway Limits in Special Flood Hazard Areas

Where available, base flood elevations and floodway limits provided by the FEMA NFIP Flood Insurance Study and accompanying maps shall be used to administer and enforce these regulations. In Special Flood Hazard Areas where base flood elevations and/or floodway limits have not been provided by FEMA it is the applicant’s responsibility to develop the necessary data. Where available, the applicant shall use data provided by FEMA, or State, or Federal agencies.

V. Development Review in Hazard Areas

A. Permit

A permit is required from the ZA for all development in all areas defined in Section IV. Development that requires conditional use approval, non- conforming use approval, or a variance from the Appropriate Municipal Panel (AMP) under these flood hazard regulations, must have such approvals prior to the issuance of a permit by the ZA.

Any development subject to municipal jurisdiction in the designated hazard areas shall meet the criteria in Section V and VI. Any permit issued will require that all other necessary permits from the State or Federal Agencies have been received before work may begin.

Prior to the issuance of a permit, proposals needing conditional use review, nonconforming structures and uses review, or approval for a variance, must have a warned public hearing. See also Section VI for more information.

B. Permitted Development

For the purposes of review under these regulations, the following development activities in the Special Flood Hazard Area where outside of the Floodway, and meeting the Development Standards in Section VI, require only an administrative permit from the ZA:

1.    Non-substantial improvements;

2.    Accessory structures;

3.    Development related to on-site septic or water supply systems;

4.    Building utilities;

5.    At-grade parking for existing buildings; and

6.    Recreational vehicles.

C.    Prohibited Development in Special Flood Hazard Area

1.    New residential or non-residential structures (including the placement of manufactured homes and critical facilities);

2.    Storage or junk yards;

3.    New fill except as necessary to elevate structures above the base flood elevation;

4.    Accessory structures in the floodway; and

5.    All development not exempted, permitted, or conditionally permitted.

6.    Critical facilities are prohibited in areas affected by mapped flood hazards.

D.     Conditional Use Review

Conditional use review and approval by the AMP is required prior to the issuance of a permit by the ZA for proposed development within the following:

1.    Substantial improvement, replacement, elevation, relocation, or flood proofing of existing structures;

2.    New or replacement storage tanks for existing structures;

3.    Improvements to existing structures in the floodway;

4.    Grading, excavation, or the creation of a pond;

5.    Improvements to existing roads;

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6.    Bridges, culverts, channel management activities, or public projects which are functionally dependent on stream access or stream crossing; and

7.    Public utilities E. Exempted Activities

The following are exempt from regulation under this bylaw:

1.    The removal of a building or other structure in whole or in part;

2.    Maintenance of existing roads and storm water drainage;

3.    Silviculture (forestry) activities conducted in accordance with the Vermont Department of Forests and Parks Acceptable Management Practices; and

4.    Agricultural activities conducted in accordance with the Vermont Department of Agriculture’s Accepted Practices (AAP). Prior to the construction of farm structures the farmer must notify the ZA in writing of the proposed activity. The notice must contain a sketch of the proposed structure including setbacks.

F.    Variances

Variances may be granted in writing by the AMP only in accordance with all the criteria in 24 V.S.A. §§4469, 4424 (E), and 44 CFR Section 60.6, after a public hearing noticed as described in Section VII.

Any variance issued in the Special Flood Hazard Area must not increase flood levels in the floodway, increasing the risk of other hazard in the area, or threaten the health, safety, and welfare of the public or other property owners. The appropriate municipal panel will inform the applicant in writing over the signature of a community official that the issuance of a variance to construct a structure below the base flood elevation increases risk to life and property and will result in increased flood insurance premiums up to amounts as high as $25 for $100 of coverage. Such notification shall be maintained with a record of all variance actions. A copy of such a variance shall be affixed to the deed of the property on file in the municipal clerk’s office.

VI. Development Standards

The criteria below are the minimum standards for new development in the flood hazard areas. Where more than one area is involved, the most restrictive standard shall take precedence.

A.     Special Flood Hazard Area

1.    All development shall be:

a)    Reasonably safe from flooding;

b)    Designed, operated, maintained, modified, and adequately anchored to prevent flotation, collapse, release, or lateral movement of the structure;

c)    Constructed with materials resistant to flood damage;

d)    Constructed by methods and practices that minimize flood damage;

e)    Constructed such that 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)     Adequately drained to reduce exposure to flood hazards;

g)     Located so as to minimize conflict with changes in channel location over time and the need to intervene with such changes; and,

h)     Required to locate any fuel storage tanks (as needed to serve an existing building in the Special Flood Hazard Zone) a minimum of one foot above the base flood elevation and be

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securely anchored to prevent flotation; or storage tanks may be placed underground, if securely anchored as certified by a qualified professional.

2.    In Zones AE, and A1- A30 where base flood elevations and/or floodway limits have not been determined, development shall not be permitted unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated encroachment, will not increase the base flood elevation more than 1.00 foot at any point within the community. The demonstration must be supported by technical data that conforms to standard hydraulic engineering principles and certified by a registered professional engineer.

3.    Structures to be substantially improved or replaced in Zones A, A1-30, AE, and AH shall be located such that the lowest floor is at least one foot above base flood elevation, this must be documented, in as-built condition, with a FEMA Elevation Certificate;

4.    Enclosures below grade on all sides (including below grade crawlspaces and basements) are prohibited.

5.    Fully enclosed areas above grade and below the lowest floor, which are subject to flooding, shall

a)    Be solely used for parking of vehicles, storage, or building access, and such a condition shall clearly be stated on any permits; and,

b)    Be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Such designs must be certified by a registered professional engineer or architect, or meet or exceed the following minimum criteria: A minimum of two openings on two walls 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 screen, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.

6.    Recreational vehicles shall be on the site for fewer than 180 consecutive days, fully licensed, and ready for highway use;

7.    A small accessory structure of 500 square feet or less that represents a minimal investment need not be elevated to the base flood elevation in this area, provided the structure is placed on the building site so as to offer the minimum resistance to the flow of floodwaters and shall meet the criteria in Section 5.

8.    Water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the systems.

9.    Sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharges from the system into the flood waters.

10.    On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

11.    The flood carrying and sediment transport capacity within the altered or relocated portion of any watercourse shall be maintained and any alteration or relocation shall not result in any decrease of stream stability;

12.    Bridges and culverts, which by their nature must be placed in or over the stream, must have a stream alteration permit from the agency of Natural Resources where applicable.

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13.    Subdivisions and planned unit development must be accessible by dry land access outside the Special Flood Hazard Area.

B.     Floodway Areas

1.    Encroachments or development above grade and below the elevation of the floodway are prohibited unless hydrologic and hydraulic analyses are performed in accordance with standard engineering practice, by a registered professional engineer, certifying that the proposed development will not result in an increase in flood levels (0.00 feet) during the occurrence of the base flood and will not increase the risk to surrounding properties, facilities, or structures from flooding or erosion.

2.    Public utilities may be placed underground, and the analyses may be waived, where a registered professional engineer certifies that there will be no change in grade and the utilities will be adequately protected from scour.

VII. Administration

A. Administrative Procedures

Except as additionally described below, all other administrative procedures follow 24 VSA Chapter 117.

B.     Application Submission Requirements

1.    Applications for development shall include:

a)    The name and contact information for the owner of the property, including any agents authorized to act on their behalf;

b)    A thorough description of the proposed development;

c)    General location map including the address of the property, tax parcel ID, relative locations of the existing development and the nearest public road;

d)    Where applicable, a site plan that depicts the proposed development, all water bodies, Special Flood Hazard Areas, floodways, any existing and proposed drainage, any proposed fill, and pre and post development grades, and the elevation of the proposed lowest floor, as referenced to the same vertical datum as the elevation on the current Flood Insurance Rate Maps;

e)    A Vermont Agency of Natural Resources Project Review Sheet for the proposal. The Project Review Sheet shall identify all State and Federal agencies from which permit approval is required for the proposal, and shall be filed as a required attachment to the municipal permit application. The identified permits, or letters indicating that such permits are not required, shall be submitted to the ZA and attached to the permit before work can begin;

f)     If this is an appeal for a variance, then the appeal application must include responses to the criteria set forth in 24 VSA §4469, §4424 (E), and 44 CFR 60.6;

g)   Three copies of the application, including one to be forwarded to the State National Flood Insurance Program Coordinator at the Vermont Agency of Natural Resources, Department of Environmental Conservation, River Management Program; and

h)     The appropriate fee as determined by the Selectboard.

2.    For applicants seeking conditional use approval, approval under nonconforming structures and uses, or a variance, the following also need to be provided:

a)    A list of abutters names and mailing addresses;

b)    A statement of purpose and need for the proposed development;

c)    A description of the alternatives considered to the proposed development, including alternate locations on site, especially outside of the hazard area;

d)    Such pertinent information as identified in the regulations or deemed necessary by the AMP for determining the suitability of the proposed development for the site;

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e)    Copies of the application sufficient for the file, the AMP members, the State National Flood Insurance Program Coordinator, and additional parties such as the VT DEC Stream Alteration Engineer and adjacent communities if affected under Section VII B 2; and,

f)     Any additional fees as required by the Selectboard.

D.     Referrals

1.    Upon receipt of a complete application for a substantial improvement or new construction, the ZA shall submit a copy of the application and supporting information to the State NFIP Coordinator at the Vermont Agency of Natural Resources in accordance with 24 V.S.A. §4424. A permit may be issued only following receipt of comments from the Agency, or the expiration of 30 days from the date the application was mailed to the Agency, whichever is sooner.

2.    If the applicant is seeking a permit for the alteration or relocation of a watercourse, copies of the application shall also be submitted to the adjacent communities, the Stream Alteration Engineer at the Vermont Agency of Natural Resources, and the Army Corps of Engineers. Copies of such notice shall be provided to the State NFIP Coordinator at the Vermont Agency of Natural Resources, Department of Environmental Conservation. A permit may be issued only following receipt of comments from the Vermont Agency of Natural Resources, or the expiration of 30 days from the date the application was mailed to the Vermont Agency of Natural Resources, whichever is sooner. The board should consider comments from the NFIP Coordinator at ANR.

E. Public Notice

1.    Prior to the issuance of a permit, proposals needing conditional use review, nonconforming structures and uses review, or approval for a variance must have a warned public hearing. A copy of the application shall be submitted to VT ANR at least 30 days prior to the date of the public hearing. Public notice of the hearing shall be provided at least 15 days notice before the date of the hearing by all the following:

a)    Publication of the date, place, and purpose of the hearing in the newspaper.

b)    Posting of the same information in three or more public places within the municipality including posting within view from the public right-of-way nearest to the property for which an application is made; and,

c)    Written notification to the applicant and to owners of all properties adjoining the property subject to development, without regard to any public right-of-way, as well as to all interested persons (as defined in Chapter 117). The notification shall include a description of the proposed project and shall be accompanied by information that clearly informs the recipient where additional information may be obtained, and that participation in the local proceeding is a prerequisite to the right to take any subsequent appeal.

d)    For hearings on subdivision plats located within 500 feet of a municipal boundary, written notification to the clerk of the adjoining municipality.

2.    Public notice of all other types of development review hearings, including site plan review shall be given not less than seven (7) days prior to the date of the public hearing, and shall at minimum include the following:

a)    Posting of the date, place and purpose of the hearing in three (3) or more public places within the municipality; and

b)    Written notification to the applicant and to owners of all properties adjoining the property subject to development, without regard to public rights-of-way, which includes a description of the proposed project, information that clearly informs the recipient where additional information may be obtained, and that participation in the local proceeding is a prerequisite to the right to take any subsequent appeal.

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3. No defect in the form or substance of any required public notice under this section shall invalidate the action of the AMP where reasonable efforts have been made to provide adequate posting and notice. However, the action shall be invalid when the defective posting or notice was materially misleading in content. If an action is ruled to be invalid by the AMP or the Environmental Court, the action shall be remanded to the Board to provide new posting and notice, hold a new hearing, and take a new action.

F. Decisions

1.    The Zoning Administrator shall act within 30 days to approve or deny the application, or refer the application to the AMP. Applications that cannot be approved in compliance with this bylaw shall be denied. The decision shall be issued in writing and include a statement of the factual bases on which the conclusions were made. Decisions of the ZA can be appealed as below. If the ZA fails to act within the 30-day period, a permit shall be deemed issued on the 31^st day.

2.    The Board shall consider comments from the NFIP Coordinator at ANR. The Board may recess the proceedings on any application pending submission of additional information. The Board should close the hearing promptly after all parties have submitted the requested information, adjourn the hearing, and may deliberate prior to issuing its decision.

3.    Decisions by the Board shall include a statement of the factual basis on which the Board has made its conclusions regarding how the proposed development will meet the development standards, and a statement of the conclusions. In rendering a decision in favor of the applicant, the Board may attach additional reasonable conditions and safeguards as it deems necessary to implement the purposes of this bylaw and the municipal plan then in effect. Board decisions shall be conditioned to assure that all necessary permits must be also received from those government agencies from which approval is required by Federal, State or Municipal law for the approval to be valid. The Board may provide for the conditioning of permit issuance on the submission of a bond, escrow account, or other surety in a form acceptable to the legislative body of the municipality to assure one or more of the following: the completion of the project, adequate stabilization, or protection of public facilities that may be affected by a project.

4.    Decisions of the Board shall be issued in writing within 45 days after the adjournment of the final hearing. All decisions shall be sent by certified mail to the applicant, and the appellant in matters on appeal. Copies of the decision shall also be mailed to every person or body appearing and having been heard at the hearing. The decision will include a notice that an Interested Person may appeal the decision within 15 days.

G. Records

1.    Within three days following the issuance of a permit, the Zoning Administrator shall:

a.     Deliver a copy of the permit to the Listers of the municipality; and

b.     Post a copy of the permit in at least one public place in the municipality until the expiration of 15 days from the date of issuance of the permit.

2.    Within 30 days after a municipal land use permit has been issued or within 30 days of the issuance of any notice of violation, the Zoning Administrator shall:

a.     Deliver the original or a legible copy of the permit, or notice of permit, and any approvals to

the municipal clerk for recording in the land records as provided in 24 VSA, § 1154(a), and §4449;

b. File a copy of the permit and any approvals in the municipal office in a location where all municipal land use permits shall be kept; and,

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c.    The Zoning Administrator may charge the applicant for the cost of the recording fees as required by law.

3.    The Zoning Administrator shall properly file and maintain a record of:

a.     All permits issued in areas covered by this bylaw;

b.     Elevation Certificates with the as-built elevation (consistent with the datum of the elevation

on the current Flood Insurance Rate Maps for the community) of the lowest floor, including basement, of all new or substantially improved buildings (not including accessory buildings) in the Special Flood Hazard Area;

c.      All flood proofing and other certifications required under this regulation; and,

d.     All decisions of the Board (including variances and violations) and all supporting findings of fact, conclusions and conditions.

H. Permit Validity

Each permit issued shall:

1.    Contain a statement of the period of time within which an appeal may be taken;

2.     Require posting of a notice of permit on a form prescribed by the municipality within view from the public right-of-way most nearly adjacent to the subject property until the time for appeal in has passed;

3.    Not shall take effect until 15 days after issuance, or in the event that a notice of appeal a decision by the Zoning Administrator is properly filed, no such permit shall take effect until adjudication of that appeal by the Board is complete and the time for taking an appeal to the environmental court has passed without an appeal being taken. If an appeal is taken to the environmental court, the permit shall not take effect until adjudication by the environmental court; and,

4.    Be valid for a period of two years.

I. Appeals

An interested person as defined in Section XI may appeal any decision or act taken by the Zoning Administrator by filing a notice of appeal with the secretary of the Board, or with the municipal clerk if no such secretary has been elected. This notice of appeal must be filed within 15 days of the date of that decision or act, and a copy of the notice of appeal shall also be filed with the Zoning Administrator.

A notice of appeal shall be in writing and shall include the name and address of the appellant, a brief description of the property with respect to which the appeal is taken, a reference to the regulatory provisions applicable to that appeal, the relief requested by the appellant, and the alleged grounds why the requested relief is believed proper under the circumstances.

The Board shall set a date and place for a public hearing of an appeal under this chapter that shall be within 60 days of the filing of the notice of appeal. The Board shall give public notice of the hearing as specified for conditional approval. Any person or body empowered to take an appeal with respect to the property at issue may appear and be heard in person or be represented by an agent or attorney at the hearing. Any hearing held under this section may be adjourned by the Board from time to time; provided, however, that the date and place of the adjourned hearing shall be announced at the hearing. All hearings under this section shall be open to the public and the rules of evidence applicable at these hearings shall be the same as the rules of evidence applicable in contested cases in hearings before administrative agencies as set forth in 3 V.S.A. § 810.

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Decisions of the Board may be appealed under §4469 in request for a Variance. Within 30 days of a decision by the Board, under §4471 an Interested Person who has participated in the municipal regulatory proceeding may appeal to the Vermont Environmental Court.

VIII. Certificate of Occupancy

In accordance with Chapter 117 §4449, it shall be unlawful to use or occupy, or permit the use or occupancy of any land or structure, or part thereof, created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure within Special Flood Hazard Area until a certificate of occupancy is issued therefore by the Zoning Administrator, stating that the proposed use of the structure or land conforms to the requirements of these bylaws. A certificate of occupancy is not required for structures that were built in compliance with the bylaws at the time of construction and have not been improved since the adoption of this bylaw. Within 14 days of the receipt of the application for a certificate of occupancy, the ZA shall inspect the premises to ensure that all permits identified on the Project Review Sheet have been acquired and that all work has been completed in conformance with the zoning permit and associated approvals. If the ZA fails to grant or deny the certificate of occupancy within 14 days of the submission of the application, the certificate shall be deemed issued on the 15^th day. If a Certificate of Occupancy can not be issued, notice will be sent to the owner and copied to the lender.

IX. Enforcement and Penalties

It shall be the duty of the Zoning Administrator to enforce the provisions of this bylaw. Upon determination that a violation exists, the Zoning Administrator shall notify the alleged offender of the violation by certified mail.

A.     The notice of enforcement shall state that:

1.    A violation exists;

2.    That the alleged offender has an opportunity to cure the violation within seven days of receipt;

3.    That failure to cure the violation may result in fines and/or loss of flood insurance;

4.    That the alleged offender will not be entitled to an additional warning notice for a violation occurring after the seven days within the next succeeding 12 months; and,

5.    That the notice of violation may be appealed as specified under VII G;

B.     Copies of the notice of violation will be:

1.    Mailed to the Vermont NFIP Coordinator and, within 30 days; be

2.    Filed in the land use permit files; and,

3.    Delivered to the municipal clerk for recording in the land records.

C.    After seven days, if the violation has not been remedied, in accordance with 10 VSA §1974a, §4451, and §4452, any person who is found to have violated this bylaw shall be fined by the court not more than $100.00 for each offense. No action may be brought under this section unless such notice as required in has been given as described above in this part. In default of payment of the fine, the violator shall pay double the amount of the fine. Each day that a violation is continued shall constitute a separate offense.

D.     If any appeals have been resolved, but the violation remains, the ZA shall submit a declaration to the Administrator of the National Flood Insurance Program requesting a denial of flood insurance to the violator. The declaration shall consist of: a) the name of the property owner and address or legal description of the property sufficient to confirm its identity or location, b) a clear and unequivocal declaration that the property is in violation of a cited State or local law, regulation, or ordinance, c) a clear statement that the Zoning Administrator making the declaration has authority to do so and a citation to that authority, d) evidence that the

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property owner has been provided notice of the violation and the prospective denial of insurance, and e) a clear statement that the declaration is being submitted pursuant to Section 1316 of the National Flood Insurance Act of 1968, as amended.

E. Violations of the Accepted Agricultural Practices shall be enforced under this Section as violations o this bylaw. Such violations shall also be immediately reported to the Secretary of Agriculture for enforcement under 6 V.S.A. § 4812.

X. Definitions

This regulation adopts the definitions from 24 VSA §4303 and 44 CFR 59.1 and the definitions below:

“Accessory Structure” means a structure which is: a) detached from and clearly incidental and subordinate to the principal use of or structure on a lot, b) located on the same lot as the principal structure or use, and c) clearly and customarily related to the principal structure or use. For residential uses these include, but may not be limited to garages, garden and tool sheds, and playhouses.

“Appropriate Municipal Panel” (AMP) means a planning commission performing development review, board of adjustment, a development review board, or a legislative body performing development review.

“Base Flood” means the flood having a one percent change of being equaled or exceeded in any given year (commonly referred to as the 100-year flood”).

“Base Flood Elevation” (BFE) is the elevation of the water surface elevation resulting from a flood that has a one percent chance of equaling or exceeding that level in any given year. On the Flood Insurance Rate Map the elevation is usually in feet, in relation to the National Geodetic Vertical Datum of 1929, the North American Vertical Datum of 1988, or the datum referenced in the Flood Insurance Study report, or the average depth of the base flood, usually in feet, above the ground surface.

“Common Plan of Development” is where a structure will be refurbished over a period of time. Such work might be planned unit by unit.

“Critical facilities” include police stations, fire and rescue facilities, hospitals, shelters, schools, nursing homes, water supply and waste treatment facilities, and other structures the community identifies as essential to the health and welfare of the population and that are especially important following a disaster. For example, the type and location of a business may raise its status to a Critical Facility, such as a grocery or gas station.

“Development” means any human-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 operations, or storage of equipment or materials.

“Fill” means any placed material that changes the natural grade, increases the elevation, or diminishes the flood storage capacity at the site.

“Flood” means (a) a general and temporary condition of partial or complete inundation of normally dry land areas from: the overflow of inland or tidal waters; the unusual and rapid accumulation or runoff of surface waters from any source; and mudslides which are proximately caused by flooding and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current. (b) The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water,

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accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding.

“Flood Insurance Rate Map” (FIRM) means an official map of a community, on which the Federal Insurance Administrator has delineated both the special flood hazard areas and the risk premium zones applicable to the community. In some communities the hazard boundaries are available on paper, pdf, or Geographic Information System formats as a Digital Flood Insurance Rate Map (DFIRM).

“Flood Insurance Study” means an examination, elevation and determination of flood hazards and, if appropriate, the corresponding water surface elevations or an examination, evaluation and determination of mudslide (i.e., mudflow) and/or flood related erosion hazards.

“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 or sanitary facilities, structures and their contents.

“Floodway” means the channel of a river or other watercourse and the adjacent land area that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot at any point. Please note that Special Flood Hazard Areas and floodways may be shown on separate map panels.

“Floodway, Regulatory in the Town of Cabot” 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 one foot at any point.

“Functionally Dependent Use” means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water.

“Historic Structure” means any structure that is: a) listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Registrar; b) certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district; c) individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or d) individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either: 1) by an approved state program as determined by the Secretary of the Interior or 20 directly by the Secretary of the Interior in states without approved programs.

“Letter of Map Amendment (LOMA)” is a letter issued by the Federal Emergency Management Agency officially removing a structure or lot from the flood hazard zone based on information provided by a certified engineer or surveyor. This is used where structures or lots are located above the base flood elevation and have been inadvertently included in the mapped special flood hazard area.

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“Lowest Floor” means the lowest floor of the lowest enclosed area, including basement, except 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 point provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of 44 CFR 60.3.

“Manufactured Home (or Mobile 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 attached to the required utilities. The term “manufactured home” does not include a “recreational vehicle”.

“New Construction” for regulation under this bylaw, means structures for which the start of construction commenced on or after the effective date of the floodplain management regulation adopted by the community and includes any subsequent improvements to such structures.

“Non-residential” includes, but is not limited to: small business concerns, churches, schools, nursing homes, farm buildings (including grain bins and silos), pool houses, clubhouses, recreational buildings, government buildings, mercantile structures, agricultural and industrial structures, and warehouses.

“Recreational Vehicle” means a vehicle which is: a) built on a single chassis; b) 400 square feet or less when measured at the largest horizontal projection; c) designed to be self-propelled or permanently towable by a light duty truck; and d) designed primarily not for use as a permanent dwelling but as a temporary living quarters for recreational, camping, travel, or seasonal use.

“Special Flood Hazard Area” means the floodplain within a community subject to a one percent or greater chance of flooding in any given year. For purposes of these regulations, this term “area of special flood hazard” is synonymous in meaning with the phrase “special flood hazard area”. This area is usually labeled Zone A, AO, AH, AE or A1-30 in the most current flood insurance studies and on the maps published by the Federal Emergency Management Agency. Maps of this area are available for viewing in the municipal office or online from the FEMA Map Service Center: msc.fema.gov Base flood elevations have not been determined in Zone A where the flood risk has been mapped by approximate methods. Base flood elevations are shown at selected intervals on maps of Special Flood Hazard Areas that are determined by detailed methods. Please note, where floodways have been determined they may be shown on separate map pales from the Flood Insurance Rate Maps.

“Start of Construction” for purpose of floodplain management, determines the effective map or bylaw that regulated development in the Special Flood Hazard Area. The “start of construction” includes substantial improvement, and means the date the building permit was issued provided the actual start of construction, repair, reconstruction, rehabilitation, additional placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of the structure on site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on foundation. Permanent construction does not include land preparations, such as clearing, grading an filling, nor does it include the installation of streets and/or walkways, n or does it include excavation for basement, footing, piers, or foundations or the erection of temporary forms, nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For substantial improvement, the actual start of construction means the first alternation of any wall, ceiling, floor, or other structural part of a building, regardless whether that alternation affects the external affects the external dimensions of the building.

“Structure” means, for regulatory purposes under this bylaw, a walled and roofed building, as well as a manufactured home, and any related built systems, including gas or liquid storage tanks.

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“Substantial Damage” means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged conditions would equal or exceed 50 percent of the market value of the structure before the damage occurred.

“Substantial Improvement” means any reconstruction, rehabilitation, additional, or other improvement of a structure after the date of adoption of this bylaw, the cost of which, over three years, or over a period of a common plan of development, cumulatively equals or exceeds 50 percent of the market value of the structure before the “start of construction” of the improvement. This term includes structures which have incurred “substantial damage”, regardless of the actual repair work performed. The term does not, however, include either: a) any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions or b) any alteration of a “historic structure”, provided that the alteration will not preclude the structure’s continued designation as a “historic structure”.

“Violation” means the failure of a structure or other development to be fully compliant with this bylaw. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in 44 CFR 60.3 is presumed to be in violation until such time as that documentation is provided.

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