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Planning Commission advances Flood Hazard overlay draft; splits authority for floodway and floodplain and sets public hearing
Summary
Commission reviewed draft #8 of the Flood Hazard Overlay District, added an 'incidental structures' exemption for items under 150 sq ft, debated DRB authority on relocation/enlargement in floodway vs floodplain, and voted to set a public hearing in mid-October 2024.
The Richmond Planning Commission on Sept. 4 reviewed draft #8 of amendments to the town’s Flood Hazard Overlay District, approving language changes for discussion and setting a public hearing on the revisions for mid-October.
Key changes in the draft include moving the regulation of non-conforming structures and uses within the flood-hazard overlay to section 6.8 (reducing conflict with sections 4.7 and 4.8), introducing a new definition of 'incidental structures' (temporary items of 150 square feet or less, such as picnic tables, trash/refuse containers, dog-waste stations and temporary tents) and adding a definition for 'recreation path' (an unpaved, ≤4-foot pedestrian path permitted by-right).
Commissioners carefully debated how the Development Review Board (DRB) should exercise discretion over repair, replacement, relocation, enlargement or reduction in size of pre-existing non-conforming structures. Staff and commissioners reported that Tyler, the town zoning administrator, is currently reluctant to allow splitting or down-sizing of restrooms moved into the floodway and interprets enlargement in the floodway strictly. Members proposed redrafting the DRB enabling language to state explicitly that enlargement (and related actions) are permitted with DRB approval only for the portion of the flood-hazard district outside the regulatory floodway; within the floodway the DRB could approve repair, replacement, relocation or reduction in size but not enlargement.
The Commission discussed practical administration: who owns or maintains parking and paved improvements in flood-prone areas, the limits of temporary vs permanent structures, and the insurance/repair obligations tied to ground improvements. The Commission also recommended adding explicit DRB authority to consider reduction in size of non-conforming structures as a way to reduce flood hazard.
By motion and recorded votes, the Commission set a public hearing for Oct. 16, 2024 to receive public comment on sections 4.7, 4.8, 6.8 and the related definitions, and staff will circulate a redlined copy of draft #8 to the Three Parks Committee before their Sept. 12 meeting. The Commission intends to use the hearing to test whether the clarified language will stand up to public input before final adoption.
