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Planning board debates Chapter 115 flood-ordinance changes; 5-year vs 10-year market-value reset debated
Summary
Planning staff proposed changes to Chapter 115 that would use a 10-year market-value period and exclude maintenance from cumulative costs; board members debated using a 5-year reset that includes maintenance versus a 10-year exclusion, how to classify windows and other repairs as 'maintenance' or 'improvements,' and agreed to seek a joint workshop with the selectboard to align on policy before public hearing.
Planning staff summarized draft revisions to Chapter 115 (the town flood ordinance) at the board's Dec. 1 meeting, proposing a definition of market value based on a 10-year period and recommending that maintenance costs be excluded from the cumulative cost calculation for substantial improvement.
Board members discussed alternatives: a 5-year reset that would include maintenance costs (which would bring cumulative totals up faster) versus a 10-year period that excludes routine maintenance. Several members raised the practical question of how to define maintenance versus improvements for items that sometimes require permits — notably windows, which often require a permit when changing headers or egress but are commonly maintenance replacements. One board member noted that FEMA treats certain elements (seawalls, retaining walls) as separate structures and that bringing those components up to code would not necessarily count against the house as substantial improvement.
Members also debated life-safety exceptions: several suggested that changes required to meet safety standards (for example, adding egress windows) should be exempted from counting as substantial improvement if a code officer requires the change. Others warned that a five-year reset could allow repeated major remodels while avoiding flood-proofing requirements.
The board agreed to pursue a joint workshop with the selectboard to ensure consistent policy before scheduling any public hearing. Staff said they would contact the town manager to coordinate a date for a joint workshop in mid-December or soon thereafter.
Next steps: staff to request a joint workshop with the selectboard, refine draft language on definitions (maintenance, substantial improvement), and prepare a public-notice schedule if the two boards agree on policy direction.
