City Council

AGENDA – MEETING OF THE COUNCIL OF THE CITY OF NORWICH November 2, 2020 7:30 PM The meeting of the Council will seek to comply with the directives of Executive Order 7B-1 issued by Governor Ned Lamont on March 14, 2020, together with any Executive Orders subsequently issued which pertain to such meetings. The Mayor, members of the City Council, the City Manager, City Clerk, Comptroller and Corporation Counsel shall be present in person but separated by appropriate social distancing at Council chambers or participate remotely by conference call, video conference or other technology. The meeting shall be televised on the Public Access Channel and posted on the city website, www.norwichct.org, in real time, consistent with Executive Order 7B-1 and the usual practices of the City of Norwich. All remarks or comments made by the Mayor, the members of the Norwich City Council, city officials, and by the public during the Citizen Comment on resolutions portion of the meeting, shall be included. The comments of citizen on resolutions may be made telephonically pursuant to the following instructions: Call phone number first dial 860-215-8140 and then when prompted, enter the conference ID# 4038191 followed by the pound (#) key. This number will be available only during the public comment period listed on the agenda as Citizen Comment on resolutions. Its use commences when Citizen Comment on resolutions is reached and opened by the Mayor. Any calls must be made prior to the Mayor’s announcement that the Citizen Comment on resolutions period has ended. Citizen Comments on resolutions limited to the resolutions on the agenda may also be sent by email or means of other written communication stating the name, address and title if applicable, of the sender. Emails should be sent to the office of the Mayor at mayorsoffice@cityofnorwich.org and other written communication sent or delivered to the office of the Mayor, 100 Broadway, Norwich, CT 06360. Emails must be received by 7:00 p.m., of above mentioned date, and other written communications received by 4:30 p.m., of above mentioned date, to be made available to the City Council for this meeting. Citizen comments will be limited to the resolutions on the agenda only. All speakers taking part in the Citizen Comment on resolutions portion of the meeting shall clearly state their name, address and title, if applicable, before speaking and will be limited to three minutes. PRAYER PLEDGE OF ALLEGIANCE ADOPTION OF MINUTES: October 5 and 19, 2020 PROCLAMATION: Extra Mile PETITIONS AND COMMUNICATIONS 1. Report from Commission on the City Plan of Norwich pursuant to Section 8-24 of the General Statutes and Chapter XV, Section 4 of the Norwich City Charter, regarding the discontinuance of a portion of High Street. 2. Explanation from Comptroller of the proposed Ordinance Amending the Volunteer Firefighters’ Relief Fund Plan. CITY MANAGER’S REPORT OLD BUSINESS RESOLUTION 1. Relative to discontinue a portion of High Street. CITIZENS COMMENT ON RESOLUTION (only on the agenda items) call phone number first dial 860-215-8140 and then when prompted, enter the conference ID# 4038191 followed by the pound (#) key NEW BUSINESS-RESOLUTION 1. Relative to listing 152 Palmer St. NEW BUSINESS-ORDINANCES 1. AN ORDINANCE AMENDING SECTIONS 8-74, 8-75 AND 8-77 OF ARTICLE IV OF CHAPTER 8 OF THE CODE OF ORDINANCES PERTAINING TO THE VOLUNTEER FIREFIGHTERS' RELIEF FUND PLAN OF THE CITY OF NORWICH 2. AN ORDINANCE AMENDING PORTIONS OF SECTIONS 3.4 FLOODPLAIN/FLOODWAY OVERLAY OF CHAPTER 3 SPECIAL DISTRICTS OF THE NORWICH ZONING REGULATIONS City Clerk  City Of Norwich Mayors Office Peter Albert Nystrom, Mayor PROCLAMATION WHEREAS, Norwich is a community which acknowledges that a special vibrancy exists within the entire community when its individual citizens collectively “go the extra mile” in personal effort, volunteerism, and service; and WHEREAS, Norwich is a community which encourages its citizens to maximize their personal contribution to the community by giving of themselves wholeheartedly and with total effort, commitment, and conviction to their family, friends, and community; and WHEREAS, Norwich is a community which chooses to shine a light on and celebrate individuals and organizations within its community who “go the extra mile” in order to make a difference and lift up fellow members of their community; and WHEREAS, Norwich acknowledges the mission of Extra Mile America to create 550+ Extra Mile cities in America and is proud to support “Extra Mile Day” on November 1, 2020; and WHEREAS, John Paul Mereen had served on the Norwich City Council for a total of 12 years and leading the charge to build Occum park, served as Chairman of the Harbor Management Commission, also served on; Supportive Housing, Public Safety Committee, Public Parking Commission, Mohegan Park Improvement and Development Committee, Inland Wetland Water Courses & Conservation Commission, Downtown Coordinating Committee, the Golf Course Authority, helped establish the Rock the Docks downtown music concert series, the past president of the Rose Arts Festival, serves on the Greater Norwich Chamber of Commerce and served as a Grand Marshal for the St. Patrick’s Parade in 2017. NOW THEREFORE, I, MAYOR PETER ALBERT NYSTROM AND NORWICH CITY COUNCIL PRESIDENT PRO TEM, MARK BETTENCOURT, ON BEHALF OF THE NORWICH CITY COUNCIL AND THE CITIZENS OF THE CITY OF NORWICH, hereby proclaim November 2, 2020, to be Extra Mile Day and on behalf of the City of Norwich do hereby thank John Paul Mereen for going the Extra Mile. Dated this Second Day of November, 2020 Peter Albert Nystrom Mark Bettencourt Mayor President Pro Tem PETITION & COMMUNICATION #1  PETITION & COMMUNICATION #2 JOSHUA A. POTHIER, C.P.A. 100 Broadway Room 105 COMPTROLLER Norwich, CT 06360-4431 Phone: (860) 823-3720 www.norwichct.org/finance Fax: (860) 823-3812 jpothier@cityofnorwich.org October 26, 2020 To: Mayor Peter A. Nystrom and Members of the Norwich City Council through City Manager John Salomone Explanation of proposed ordinance amending the Volunteer Firefighters’ Relief Fund Plan AN ORDINANCE AMENDING THE VOLUNTEER FIREFIGHTERS' RELIEF FUND PLAN OF THE CITY OF NORWICH Overview This proposed ordinance would increase benefits for volunteer firefighters who participate in the Volunteer Firefighters’ Relief Fund Plan (VFFRF Plan) and increase the amount that volunteer firefighters will need to contribute in order to purchase years of service. Here are a summary of the changes: • Changing the Normal Retirement Date from age 55 with 25 years of Credited Service to age 55 with 20 years of Credited Service for members hired after January 1, 2015. This is a reversal of the change that was made in January 2015 with Ordinance 1711. • Changing the service cap from 30 years to 40 years of Credited Service for members hired after January 1, 2015. This is a reversal of the change that was made in January 2015 with Ordinance 1711. • Increasing the benefit multiplier and the employee contribution rate from $22 to $24 per month for all members. • Increasing the survivor benefit percentage from 90% to 100%. Comparison of Provisions of Volunteer Firefighters’ Relief Fund Plan to Other City Pension Plans The VFFRF Plan is one of two major tools used to attract new volunteers and retain experienced volunteers. The other tool is the tax abatement for which the City Council recently approved an increase of the maximum abatement from $1,000 to $1,500 in fiscal year 2021-22 and to $2,000 in fiscal year 2022-23. The table below includes the highlights of the recent changes in the City’s pension plans for new members. The pension plans for the employees of the Police, Fire, and General City are more costly than that of the VFFRF – the table merely notes the comparison of the recent changes to major features of the plans. Police Fire General City Volunteer Firefighters' Relief Fund (Last settled January 2017. Settled in June 2018 Settled in November 2018 Current-January 2015 Proposed Currently in negotiation) Retirement Date 25 and out 25 and out Age 55 with 25 years Age 55 with 25 years Age 55 with 20 years Cap on service years 30 30 34 30 40 Multiplier increased, Requesting increase Decreased with the Decreased with the Decreased with the Benefits formula but years decreased in years and last contract last contract last contract with last ordinance multiplier Requesting increase Increased with the Increased with the Increased with the Increased with the Member contributions in member last contract last contract last contract last ordinance contribution Member must take a Member must take a Survivorship benefits reduced pension for 90% spouse benefit reduced pension for 90% spouse benefit 100% spouse benefit survivor benefits survivor benefits Cost & Tax Impact Our actuary firm, Milliman, prepared the attached cost estimate of the proposed VFFRF Plan changes which shows the projected impact from fiscal years 2020-21 through 2038-39. There is no impact for fiscal years 2020-21 and 2021-22 because the contributions for these years are covered by the most recent actuarial valuation. I have presented below the estimated tax impact based on the lowest and highest changes in contributions projected by Milliman. Estimated Tax Impact on TCD Residents Incremental Cost Increase $ 25,000.00 $ 42,000.00 10/1/19 Collectible Grand List 1,355,737,700 1,355,737,700 Mills 0.02 0.03 Median Single Family Home Assessed V 97,400 97,400 Increase in Property Taxes $ 2.00 $ 3.00 In summary, the tax impact for the average household will be between $2 and $3 per year.  80 Lamberton Road Windsor, CT 06095 USA October 5, 2020 Main +1 860 687 2110 Fax +1 860 687 2111 PERSONAL & CONFIDENTIAL milliman.com Mr. Joshua Pothier Comptroller City of Norwich 100 Broadway Norwich, CT 06360 Re: City of Norwich Volunteer Firefighters’ Pension Plan - Proposed Plan Changes Dear Josh: You asked us to analyze the financial impact of the following package of proposed plan changes:  Changing the Normal Retirement Date from age 55 with 25 years of Credited Service to age 55 with 20 years of Credited Service for members hired after January 1, 2015  Changing the service cap from 30 years to 40 years of Credited Service for members hired after January 1, 2015  Increasing the benefit multiplier and the employee contribution rate from $22 to $24 per month for all members  Increasing the survivor benefit percentage from 90% to 100% for all members Since some of the proposed changes affect only the post-2015 cohort, the financial impact of the proposed changes will emerge gradually as this cohort grows in size. In order to illustrate this, we have prepared a long-range forecast of how the Actuarially Determined Contribution would be impacted by the proposed changes over the next several decades Contribution Contribution Difference Fiscal baseline with with after Year no changes all changes all changes 2020-21 $334,817 $334,817 $0 2021-22 357,417 357,417 0 2022-23 345,000 370,000 25,000 2023-24 368,000 395,000 27,000 2024-25 352,000 380,000 28,000 2025-26 376,000 405,000 29,000 2026-27 366,000 396,000 30,000 2027-28 391,000 423,000 32,000 2028-29 383,000 415,000 32,000 2029-30 409,000 443,000 34,000 2030-31 399,000 434,000 35,000 2031-32 426,000 463,000 37,000 2032-33 418,000 454,000 36,000 2033-34 446,000 485,000 39,000 2034-35 440,000 479,000 39,000 2035-36 470,000 511,000 41,000 2036-37 462,000 501,000 39,000 2037-38 493,000 535,000 42,000 2038-39 420,000 457,000 37,000 Mr. Joshua Pothier October 5, 2020 Page 2 Caveats This forecast is based on the results of the January 1, 2020 actuarial valuation reported provided to you on May 5, 2020. It assumes that the City will pay the Actuarially Determined Contribution each year, the assets will return the assumed interest rate on market value basis each year and there are no future changes in the actuarial methods or assumptions or in the plan provisions, other than those described above. For purposes of this forecast, the amortization period declines by 1 each year to illustrate the progress of the plan towards becoming fully funded; in actual practice the amortization period will not be less than 10 years in order to shield the City from contribution volatility. The long-range forecasts included in this report have been developed using a model that employs standard actuarial techniques and assumes that members will terminate, retire, become disabled, and die according to the actuarial assumptions with respect to these causes of decrement, and that pay increases, cost of living adjustments, and so forth will likewise occur according to the actuarial assumptions. Members who are projected to leave active service are assumed to be replaced by new active members with the same age, service, gender, and pay characteristics as those hired in the past few years. It is certain that actual experience will not conform exactly to the assumptions used in this analysis. To the extent future experience deviates from those assumptions, the results of this analysis could vary from the results presented here. Future actuarial measurements may differ significantly from the current measurements presented in this report due to such factors as the following: plan experience differing from that anticipated by the economic or demographic assumptions, changes in economic or demographic assumptions, increases or decreases expected as part of the natural operation of the methodology used for these measurements (such as the end of an amortization period or additional cost or contribution requirements based on the plan’s funded status), and changes in plan provisions or applicable law. Due to the limited scope of our assignment, we did not perform an analysis of the potential range of such future measurements. The proposed plan changes do not materially impact the analysis of risk that was presented in the January 1, 2020 valuation report. We performed a limited review of the data used directly in our analysis for reasonableness and consistency and have not found material defects in the data. If there are material defects in the data, it is possible that they would be uncovered by a detailed, systematic review and comparison of the data to search for data values that are questionable or for relationships that are materially inconsistent. Such a review was beyond the scope of our assignment. If the underlying data or information is inaccurate or incomplete, the results of our analysis may likewise be inaccurate or incomplete and our calculations may need to be revised. Milliman’s work is prepared solely for the internal business use of the City of Norwich. To the extent that Milliman’s work is not subject to disclosure under applicable public records laws, Milliman’s work may not be provided to third parties without Milliman's prior written consent. Milliman does not intend to benefit or create a legal duty to any third party recipient of its work product, and Milliman may include a legend on its reports so stating. Milliman’s consent to release its work product to any third party may be conditioned on the third party signing a Release, subject to the following exceptions: (a) the City may provide a copy of Milliman’s work, in its entirety, to the City’s professional service advisors who are subject to a duty of confidentiality and who agree to not use Milliman’s work for any purpose other than to benefit the City; and (b) the City may provide a copy of Milliman’s work, in its entirety, to other governmental entities, as required by law. No third party recipient of Milliman’s work product should rely upon the City’s work product. Such recipients should engage qualified professionals for advice appropriate to their own specific needs. Mr. Joshua Pothier October 5, 2020 Page 3 We have not explored any legal issues with respect to the proposed plan changes. We are not attorneys and cannot give legal advice on such issues. The consultants who worked on this assignment are pension actuaries. Milliman's advice is not intended to be a substitute for qualified legal or accounting counsel. The signing actuary is independent of the plan sponsor. I am not aware of any relationship that would impair the objectivity of my work. I am a member of the American Academy of Actuaries and meet the Qualification Standards of the American Academy of Actuaries to render the actuarial opinion contained herein. Sincerely, Rebecca A. Sielman, FSA Consulting Actuary RAS 47 NWF09292020ProposedPlanChanges.docx  OLD BUSINESS RESOLUTION #1 WHEREAS, American Group Realty, LLC, owns the land upon which of a portion of High Street is located, as well as the adjoined property and has requested that this portion of High Street be discontinued as a public street; and WHEREAS, this portion of High Street has not been used for public travel for some time, is no longer needed for public travel, terminates in a cul-de-sac, and is unlikely to be used as a public street in the future; and WHEREAS, a proposal to discontinue a portion of High Street has been presented to the Public Works Committee; and WHEREAS, the Public Works Committee met and recommends the Council approve the petition to discontinue the use of this portion of High Street, which is approximately .46 acres more or less and is more particularly described in the attached Exhibit “A”, but reserving to the City of Norwich and the Norwich Department of Public Utilities all rights to enter upon the same to maintain the sewer line, maintain and install drainage and maintain or install other public easements. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Norwich that the portion of High Street, being approximately .46 acres more or less and more particularly described in Exhibit “A” be discontinued for use as a public highway, reserving to the City of Norwich and the Norwich Department of Public Utilities all rights to enter upon the same to maintain the sewer line, maintain and install drainage and maintain or install other public easements. Mayor Peter Albert Nystrom President Pro Tem Mark M. Bettencourt RESOLUTION #1 EXHIBIT A  RESOLUTION #1 WHEREAS, the City of Norwich acquired the property located at 152 Palmer Street, Map 111, Block 1, Lot 76 by a Certificate of Foreclosure recorded at volume 2856 page 108 of the Norwich Land Records following a foreclosure of tax liens; and WHEREAS, said property is undeveloped and contains approximately .48 acres; and WHEREAS, the Council of the City of Norwich has determined it to be in the best interest of the City of Norwich to attempt to dispose of this property by a negotiated sale using the services of Signature Properties of New England, listing the property at a price recommended to it by Signature Properties of New England. NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH, that City Manager John Salomone be and hereby is authorized and directed on behalf of the City of Norwich to enter into an individual real estate listing agreement satisfactory to him with Signature Properties of New England offering to sell the property at 152 Palmer Street at a proposed sale price recommended by Signature Properties of New England; and BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH, that, upon receipt of a Purchase and Sales Agreement from a prospective purchaser containing the proposed sales price recommended by Signature Properties of New England and containing such terms and conditions as are satisfactory to City Manager John Salomone, then, City Manager John Salomone shall be and hereby is authorized and directed to notify the Council of the City of Norwich of the proposed Purchase and Sales Agreement, which the Council may then approve by a resolution authorizing City Manager John Salomone to enter into a Purchase and Sales Agreement as presented for the subject property on behalf of the City of Norwich and, upon timely tender of the purchase price subject to standard adjustments, to execute and deliver a deed of conveyance for said property and to execute, receive and deliver such other documents as are necessary to complete the transfer of title in keeping with the terms and conditions of the Purchase and Sales Agreement. Mayor Peter Albert Nystrom President Pro Tem Mark M. Bettencourt Alderwoman Stacy Gould  ORDINANCE #1 AN ORDINANCE AMENDING SECTIONS 8-74, 8-75 AND 8-77 OF ARTICLE IV OF CHAPTER 8 OF THE CODE OF ORDINANCES PERTAINING TO THE VOLUNTEER FIREFIGHTERS' RELIEF FUND PLAN OF THE CITY OF NORWICH WHEREAS, plan changes have been proposed to the City of Norwich Volunteer Firefighters Pension Plan; and WHEREAS, on or about October 5, 2020 the City of Norwich Finance Department received an analysis of the financial impact of the proposed changes prepared by the actuarial firm overseeing the pension fund; and WHEREAS, the Volunteer Firefighter Relief Fund Committee at a special meeting held October 13, 2020 reviewed this financial analysis and voted to recommend the proposed plan changes to the Council of the City of Norwich NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Norwich, that the following amendments to Sections 8-74, 8-75, and 8-77 of Article IV of Chapter 8 of the Code of Ordinances listed as follows: Section 8-74(a)(v)(6); Section 8-74(a)(v)(7,) (to be added); Section 8-75(a) (i) and (ii), (subpart (ii) deleted in full); Section 8-75(c)(vi), (amending 8-75(c)(vi) by deleting (i) and (2) and restating (vi)); Section 8-75(c)(vii), (to be added); Section 8-77(d)(i)(1)(a) and (b); Section 8-77(d)(i)(l)(c), (to be added). BE AND HEREBY ARE ADOPTED. Sec. 8-74. – Service (v) Contribution rate. A plan member shall contribute the following amounts for purchase of credited service during the following periods: (1) $60.00 for plan years prior to January 1, 1995. (2) $84.00 for plan years on or after January 1, 1995 but prior to January 1, 2000. (3) $120.00 for plan years on or after January 1, 2000 but prior to January 1, 2006. (4) $180.00 for plan years on or after January 1, 2006 but prior to January 1, 2011. (5) $216.00 for plan years on or after January 1, 2011 but prior to January 1, 2014. (6) $264.00 for plan years on or after January 1, 2014 but prior to January 1, 2021. (7) $288.00 for plan years on or after January 1, 2021. Sec. 8-75. - Retirement benefits. (a) Normal retirement. (i) For members joining the plan prior to January 1, 2015, the A plan member's normal retirement date shall be the first day of the month in which such member has attained age 55 and has completed at least 20 years of credited service. (ii) For members joining the plan on or after January 1, 2015, the plan member's normal retirement date shall be the first day of the month in which such member has attained age 55 and has completed at least 25 years of credited service. (b) Deferred retirement. A plan member who is satisfactorily able to perform fire duties may remain an active member and continue to earn credited service beyond his/her normal retirement date while he/she continues to collect benefits. The first day of the calendar month following such deferred retirement shall be known as his/her deferred retirement date. (c) Calculation of retirement benefits. The monthly amount of retirement benefits payable to a plan member shall be calculated as follows: (i) For retired members with a break in service prior to January 1, 1995, $7.00 times 20 years of service, for a maximum of $140.00. (ii) For retired members with a break in service on or after January 1, 1995 but prior to January 1, 2000, $8.00 times number of years of credited service, with a maximum of 30 years, or $240.00. iii) For retired members with a break in service on or after January 1, 2000 but prior to January 1, 2006, $10.00 times number of years of credited service, with a maximum of 30 years, or $300.00. (iv) For retired members with a break in service on or after January 1, 2006 but prior to January 1, 2011, $15.00 times number of years of credited service, with a maximum of 35 years, or $525.00. (v) For retired members with a break in service on or after January 1, 2011 but prior to January 1, 2015, $18.00 times number of years of credited service, with a maximum of 40 years, or $720.00. (vi) For retired members with a break in service on or after January 1, 2015 but prior to January 1, 2021, $22.00 times number of years of credited service, with a maximum of forty years, or $880,00; (1) Fforty years, or $880.00, for members who joined the plan prior to January 1, 2015 (2) Thirty years, or $660.00, for members who joined the plan on or after January 1, 2015 (vii) For retired members with a break in service on or after January 1, 2021, $24 times number of years of credited service, with a maximum of 40 years, or $960.00 Sec. 8-77. - Death benefits. (d) Death after retirement. (i) Qualified spousal and child benefits. A plan member who is under the age of 65 as of January 8, 2001 and is an active member is entitled to have benefits pass onto his/her qualified spouse and child(ren), subject to the restrictions and calculations described herein. (1) Qualified spouse is entitled to death benefits until death or remarriage, calculated as follows: a. Plan member who died between January 8, 2001 and July 16, 2006. Fifty percent of the deceased plan member's retirement benefit; b. Plan member who died after between July 16, 2006 and January 1, 2021. Ninety percent of the deceased plan member's retirement benefit. c. Plan member who die after January 1, 2021. One hundred percent of the deceased plan member's retirement benefit. Mayor Peter Albert Nystrom President Pro Tem Mark M. Bettencourt Alderwoman Stacy Gould  ORDINANCE #2 AN ORDINANCE AMENDING PORTIONS OF SECTIONS 3.4 FLOODPLAIN/FLOODWAY OVERLAY OF CHAPTER 3 SPECIAL DISTRICTS OF THE NORWICH ZONING REGULATIONS WHEREAS, the City of Norwich has applied for membership in the National Flood Insurance Programs (NFIP) Community Rating System (CRS) and was accepted to membership in May of 2020; and WHEREAS, Norwich has entered as a Class 8 member subject to its implementation of new prerequisites relative to achieving Class 8 enforcement by January 1, 2021; and WHEREAS, entering as a Class 8 member will entitle qualifying Norwich residences and business structures to receive a discount of 10% over the standard rate for flood insurance; and WHEREAS, qualification requires the adoption of certain changes to the Norwich Zoning Regulations, such changes being made by adoption of this ordinance. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Norwich, that the following amendments to Section 3.4 Floodplain/Floodway overlay as proposed and set out herein BE AND HEREBY ARE ADOPTED. Section 3.4.7.5(.1)(.2)(.3)(i)(ii); Section 3.4.7.6(.3); Section 3.4.7.6(e)(f)(g) 3.4 Floodplain / Floodway Overlay 3.4.1 Statement of purpose. The areas of special flood hazard and the floodway of the City of Norwich are subject to periodic inundation that may result in loss of life, property, health and safety hazards, the disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and the impairment of the tax base, all of which adversely affects the general welfare of the city and its residents. 3.4.2 It is the purpose of this chapter to promote the public health, safety and general welfare and to minimize public and private losses in flood prone areas by: .1 Promoting the use of floodplains and floodways on public lands for open space and passive recreation and to encourage the acquisition of such vacant open space land located within the floodway and floodplain for public lands. .2 Restricting and prohibiting uses which are dangerous to health, safety or property in times of flood or which cause increased flood heights or velocities. .3 Requiring that uses vulnerable to floods, including public facilities which serve such uses, be provided with flood protection at the time of initial construction. 3.4.3 Lands to be regulated by these regulations. This chapter shall apply to all areas of special flood hazard and floodways identified by the Federal Emergency Management Agency (FEMA) in its Flood Insurance Study (FIS) for New London County, Connecticut, dated July 18, 2011, and accompanying Flood Insurance Rate Maps (FIRM), dated July 18, 2011, and other supporting data applicable to the City of Norwich, and any subsequent revisions thereto, are adopted by reference and declared to be a part of these regulations. Since mapping is legally adopted by reference into this regulation it must take precedence when more restrictive until such time as a map amendment or map revision is obtained from FEMA. The area of special flood hazard includes any area shown on the FIRM as Zones A and AE, including areas designated as a floodway on a FIRM. Areas of special flood hazard are determined utilizing the base flood elevations (BFE) provided on the flood profiles in the Flood Insurance Study (FIS) for a community. BFEs provided on a Flood Insurance Rate Map (FIRM) are only approximate (rounded up or down) and should be verified with the BFEs published in the FIS for a specific location.  .1 The requirements of these regulations shall be supplementary to the basic requirements of various zoning districts within Norwich in which a parcel or lot may lie and section 8.8.6 of these regulations. .2 Floodway violation. A structure or other development without required permits, lowest floor elevation documentation, flood‐proofing certificates or required floodway encroachment calculations is presumed to be in violation of this chapter until such time as all required documentation is provided to the zoning enforcement officer. .3 If any portion of a structure lies within the Special Flood Hazard Area (SFHA), the entire structure is considered to be in the SFHA. The entire structure must meet the construction requirements of the flood zone. The structure includes any attached additions, garages, decks, sunrooms, or any other structure attached to the main structure. Decks or porches that extend into a more restrictive flood zone will require the entire structure to meet the standards of the more restrictive zone. .1 If a structure lies within two or more flood zones, the construction standards of the most restrictive zone apply to the entire structure (i.e., V zone is more restrictive than A zone; structure must be built to the highest BFE). The structure includes any attached additions, garages, decks, sunrooms, or any other structure attached to the main structure. (Decks or porches that extend into a more restrictive zone will require the entire structure to meet the requirements of the more restrictive zone.) 3.4.4 Interpretation of boundaries within the floodplain and floodway. .1 The zoning enforcement officer shall determine initially upon request whether a lot or parcel of land lies wholly or partially within the floodplain and / or floodway as shown on the "flood insurance rate map" or the "flood boundary or floodway map" and any amendments thereto. The zoning enforcement officer may require that verification of elevations be provided by the applicant and / or owner of the property. Such verification shall be determined by a land surveyor licensed in the State of Connecticut and shall be based on the North American Vertical Datum (NAVD) of 1988. .2 In floodplain and floodway areas, where there is no base flood elevation provided, the zoning enforcement officer shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other sources, including data developed for applications submitted in accordance with section 3.4.6 and section 3.4.7 of these regulations. .1 In A zones where base flood elevations have been determined, but before a floodway is designated, the floodway location shall be determined by assuming that no new construction or substantial improvements or other development (including fill) will be permitted that will increase flood heights more than one foot at any point along the watercourse when all anticipated development is considered cumulatively (cumulative is the reasonable assumption that there will be total encroachment extending on both sides of the watercourse within the floodway fringe). .2 The zoning enforcement officer may request floodway data of an applicant for watercourses without FEMA‐published floodways. When such data is provided by an applicant or whenever such data is available from any other source (whether in response to the zoning enforcement officer's request or not), the zoning enforcement officer shall propose the adoption a regulatory floodway overlay zone based on the principle that the floodway must be able to convey the waters of the base flood without increasing the water surface elevation more than 1.0 foot at any point within the community. 3.4.5 Floodways Located within Special Flood Hazard Areas (SFHA) are areas designated as floodways on the community’s Flood Insurance Rate Maps (FIRM). Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles and has erosion potential, no encroachments, including fill, new construction, substantial improvements, repairs to substantially damaged structures and other developments shall be permitted unless certification, with supporting technical data, by a registered professional engineer is provided demonstrating, through hydrologic and hydraulic analyses performed in accordance with standard engineering practice, that encroachments shall not result in any (o.oo feet) increase in flood levels during occurrence of base flood discharge. Fences in the floodway must be aligned with the flow and be of an open design. A permit may be given which allows encroachments resulting in increases in base flood elevations provided the community first obtains a conditional floodway revision by meeting the requirements of C.F.R. 44, Chapter, Subsection 65.12. 3.4.6 Permitted uses. The following uses shall be permitted within the floodplain and floodway upon the issuance of a zoning permit by the zoning enforcement officer, provided they are not prohibited by other ordinances, and they do not require structures (unless specifically listed) or changes in grades. .1 Agricultural and silvicultural uses according to recognized soil and water conservation practices ,including the building of fences. However, no solid design fences, such as stockade, shall be allowed to be placed within the floodway portion of the floodplain unless it is oriented parallel to the flow of floodwaters. .2 Public and private open space uses such as golf courses, tennis courts, driving ranges, archery areas, parks, wildlife and nature preserves, game farms, fish hatcheries, hunting and fishing areas, hiking and horseback riding trails, provided that no such use shall pose a pollution threat to adjacent waterways. Such uses do not include any necessary associated paved parking lots, structures, dredging or filling. .3 Residential uses such as lawns, gardens, paved or dust free stone driveways, installation of inground pools and associated flood proofed pump houses (not to exceed five feet by five feet and must be properly anchored to prevent flotation) and play areas. The filling in of an inground pool may occur provided the filling matches the surrounding topography. .4 Unpaved parking (including any required paved driveway apron) areas, provided they do not allow materials to collect in such a way that they might be washed into the adjacent waterway and provided no change in elevation is proposed. .5 Emergency replacement of existing on‐site sewage disposal system, provided immediate action is necessary as determined by the zoning enforcement officer based on recommendation from the health district, municipal, state and regional departments. .6 Removal and replacement of existing fuel storage tanks and associated regrading, provided existing grading is restored after the tank is removed and / or replaced. Such tanks shall be anchored to prevent buoyancy in flood conditions. .7 Required public water supply property maintenance work. .8 Building demolition. .9 Required minor maintenance of city roads, such as repaving of existing roads, cleaning of culverts and minor drainage improvements to existing systems. .10 Installation of public utilities, provided they are designed to minimize or eliminate infiltration of floodwaters into the system and discharge from the system into floodwaters. .11 Public safety signs and other sign supports, provided they are properly anchored to prevent flotation. .12 The zoning enforcement officer may require submission of an erosion and sediment control plan, and any other information necessary to ensure compliance with these regulations, and the review of the proposed improvements by the city engineer, the technical advisor to the inland wetlands, watercourses and conservation commission, the Connecticut department of environmental protection, the New London County Soil and Water Conservation District and the U.S. Army Corps of Engineers. 3.4.7 Special permit uses within the floodplain and floodway. .1 Uses enumerated. The following uses which involve structures (temporary or permanent), fill, excavation of land, storage of materials or equipment may be permitted only by the granting of a special permit by the Commission on the City Plan; however, not including those uses permitted under section 3.4.6 and those uses prohibited under section 3.4.5 of these regulations; and provided the additional provisions of section 3.4.7.6 are addressed: .2 Dams, culverts, bridges, dikes and flood‐control projects, provided that such use has been approved by appropriate authorities at the regional, state and / or federal level, unless regional, state and / or federal regulations require local approval first. .3 Paved roads, paved driveways and paved parking areas. .4 Excavation of and the grading and regrading of lands including the deposition of topsoil and the grading thereof and the construction of retaining walls. .5 Structures otherwise permitted in the zoning district in which the floodplain is located, provided that: .1 All new construction and substantial improvements of residential structures, including manufactured or mobile homes, shall have the lowest floor (including the basement) elevated at or feet to one foot above the base flood elevation (BFE). All residential structures, including manufactured or mobile homes, to be repaired as a result of substantial damage, shall be elevated so that the bottom of the lowest floor is at or at least one foot above the base flood elevation (BFE). .2 Manufactured (Mobile Homes and Recreational Vehicles (RV’s) in accordance with Chapter 12 of the City of Norwich Ordinances: In all Special Flood Hazard Areas (SFHA), any manufactured (mobile) homes to be newly placed, undergoing a substantial improvement or repaired as a result of substantial damage, shall be elevated so that the bottom of the lowest floor frame is at or above one foot above the base flood elevation (BFE). The manufactured home must also meet all the construction standards per Section 3.4.7.6. This includes SFHAs outside a manufactured home park or subdivision, or in an existing manufactured home park or subdivision, or on a site in an existing park which a manufactured home has incurred substantial damage as a result of a flood: All manufactured (mobile) homes within a SFHA shall be placed on a permanent foundation which itself is securely anchored and to which the structure is securely anchored so that it will resist flotation, lateral movement and hydrostatic pressures. Anchoring may include, but not be limited to, the use of over‐the‐top or frame ties to ground anchors. All manufactured (mobile) homes within a SFHA shall be installed using methods and practices which minimize flood damage. Adequate access and drainage should be provided. Elevation construction standards include piling foundations placed no more than ten (10) feet apart, and reinforcement is provided for piers more than six (6) feet above ground level. Recreational vehicles placed on sites within a SFHA shall either (i) be on the site for fewer than 180 consecutive days, and (ii) be fully licensed and ready for highway use, OR (iii) meet all the general standards of Section 5.1 and the elevation and anchoring requirement of Section 3.4.7.6.4. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions. .3 All new construction and substantial improvements of nonresidential structures, including mixed use structures, shall: (i) Have the lowest floor (including the basement) elevated at or to one foot above the base flood elevation (BFE); or (ii) Together with attendant utilities and sanitary facilities, be designed so that the structure is flood proofed at or to one foot above the base flood level elevation (SFFBFE), with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A professional engineer or architect licensed in the State of Connecticut shall certify to the Commission on  the City Plan and the building inspector that the construction of the building will comply with this section and other requirements outlined in the building code for the construction of buildings in a floodplain. .6 Additional requirements for special permits. In addition to the requirements of the particular zoning district and the requirements of section 7.7, the following are additional requirements for improvements within the floodplain district: .1 The water holding capacity of the floodplain, except those areas which are tidally influenced, shall not be reduced. Any reduction caused by filling, excavation, deposition, new construction, substantial improvements involving an increase in the footprint to the structure, storage of materials or equipment, whether permanent or temporary, shall be compensated for by deepening and / or widening of the floodplain. Storage shall be provided on‐site, unless easements have been gained from adjacent property owners; it shall be provided within the same hydraulic reach and a volume not previously used for flood storage; it shall be provided within the same hydraulic reach and a volume not previously used for flood storage, it shall be hydraulically comparable and incrementally equal to the theoretical volume of flood water at each elevation, up to and including the 100‐year flood elevation, which would be displaced by the proposed project. Such compensatory volume shall have an unrestricted hydraulic connection to the same waterway or water body. This standard shall be demonstrated by technical data, prepared by a professional engineer licensed in the State of Connecticut. Compensatory storage can be provided off‐site if approved by the municipality. Within the floodplain, except those areas which are tidally influenced, as designated on the Flood Insurance Rate Map (FIRM) for the community, encroachments resulting from filling, new construction or substantial improvements involving an increase in footprint of the structure, are prohibited unless the applicant provides certification by a registered professional engineer demonstrating, with supporting hydrologic and hydraulic analyses performed in accordance with standard engineering practice, that such encroachments shall not result in any (0.00 feet) increase in flood levels (base flood elevation). Work within the floodplain and the land adjacent to the floodplain, including work to provide compensatory storage shall not be constructed in such a way so as to cause an increase in flood stage or flood velocity. .2 The Commission on the City Plan may permit development with varying levels of compensatory flood storage or without compensatory flood storage if the Commission on the City Plan determines it is not technically feasible to equally counterbalance the encroachment or it is not reasonable to provide such storage due to the existence of one or more of the following conditions: (i) The provision of such storage would require significant blasting due to geological conditions. (ii) The provision of such storage will adversely impact the historical integrity of existing structures on the site. (iii) The provision of such storage will adversely impact important natural and archaeological resources on the site. (iv) Such compensation will prevent the reuse of existing structures and improvements. Technical data prepared by a qualified professional engineer licensed in the State of Connecticut shall be provided to enable the Commission on the City Plan to determine compliance with this section and section 3.4.7.6.1 and .2. The Commission on the City Plan (or the inland wetlands, watercourses and conservation commission to assist in making a recommendation) may require additional information prepared by other qualified professionals to determine if compensatory storage should be required or waived in accordance with items 1 ‐ 4 of this subsection. All applicants requesting a waiver in accordance with [items] 1 ‐ 4 above shall submit a request for a waiver with the application for the special permit and shall outline specific reasons substantiating the request for the waiver. If the applicant does not provide such information as part of the application, the Commission on the City Plan shall deny the waiver and the special permit application. .3 New construction and substantial improvements shall have the bottom of all in‐structure mechanicals, such as electrical, heating, ventilation, plumbing, air conditioning equipment, and other  service facilities, elevated at or to one foot above the base flood elevation to prevent water from entering or accumulating within the components during conditions of flooding. This includes, but is not limited to, furnaces, oil or propane tanks, air conditioners, heilt pumps, hot water heaters, ventilation ductwork, washer and dryer hook‐ups, electrical junction boxes, and circuit breaker boxes. .4 New construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement, and shall be developed using methods and practices that minimize flood damage and shall be constructed with materials resistant to flood damages. A professional engineer and / or architect licensed in the State of Connecticut shall certify that such building construction complies with the provisions of this section. .5 New sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the system and discharge from the system into floodwaters. New and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system. On‐ site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding. .6 Fully Enclosed Areas Below the Base Flood Elevation of Elevated Buildings. All structures and substantial improvements, or repair to structures that have sustained substantial damage, whether residential or non‐residential, that include fully enclosed areas formed by a foundation and other exterior walls shall have the lowest floor elevated at or to one foot above the base flood elevation. The elevated building shall be designed to preclude finished living space below the lowest floor and be designed to allow for the entry and exit of flood waters to automatically equalize hydrostatic flood forces on exterior walls (wet flood‐proofing). Designs for complying with this requirement must either be certified by a registered professional engineer or architect, or meet the following minimum criteria listed in sections (a)‐(g) below: (a)Provide a minimum of two (Z) openings (hydraulic flood vents) having a total net area of not less than one square inch for every one square foot of enclosed area subject to flooding. These hydraulic openings must be located on at least two different walls. Only the area (square footage) that lies below the BFE can be used in the calculation of net area of vents required. If the structure has more than one enclosed area, openings must be installed in the exterior walls of each enclosed area so that flood waters can enter directly from the outside; (b) The bottom of all openings shall be no higher than one(1) foot above grade. At least one side of the structure’s fully enclosed area must be at or above grade. Till placed around the foundation walls must be graded so that the elevation inside the enclosed area is equal to or higher than the adjacent outside elevation on at least one side of the building. The finished floor of the enclosed area shall be no lower than the bottom of the foundation openings. The foundation slab of a residential structure, including the slab of a crawlspace, must be set equal to the outside finished grade on at least one side of the building; (c)The openings may be equipped with screens, louvers, valves or other coverings or devices provided they permit the automatic entry and exit of flood waters in both directions without any external influence or control such as human intervention, including the use of electrical and other non‐automatic mechanical means,. Other coverings may be designed and certified by a registered professional engineer or approved by the zoning enforcement officer; (d)The area cannot be used as finished living space. Use of the enclosed area shall be the minimum necessary and shall only be used for the parking of vehicles, building access or limited storage. Access to the enclosed area shall be the minimum necessary to allow the for the parking of vehicles (garage door) or limited storage of maintenance equipment used in connection with the premises (standard exterior door) or entry to the living area (stairway or elevator). The enclosed area shall not be used for human habitation or partitioned into separate rooms:  (e)All interior walls, floor, and ceiling materials located below the BFE plus one foot shall be unfinished and resistant to flood damage. (f)Electrical, plumbing, HVAC ductwork, machinery or other utility equipment and connections that service the structure (including, but not limited to, furnaces, oil or propane tanks, air conditioners, heat pumps, hot water heaters, ventilation, washers, dryers, electrical junction boxes, circuit breaker boxes and food freezers) are prohibited in the fully enclosed area below the BFE plus one foot. Utilities or service equipment locate din this enclosed area, even if elevated above the BFE in the space, will subject the structure to increased flood insurance rates. (g)A residential building with a structurally attached garage having the floor slab below the BFE is considered an enclosed area below the BFE and must meet the standards of Sections 3.4:7.6.6(a)‐(f). A garage attached to a residential structure, constructed with the garage floor slab below the BFE, must be designed to allow for the automatic entry and exit of floodwaters n both directions. Flood openings or vents are required in the exterior walls of the garage or in the garage doors. The human intervention necessary to open garage doors when flooding occurs is not an acceptable means of meeting the openings requirements. In addition to the automatic entry of floodwaters, the areas of the garage below BFE plus one foot must be constructed with the flood resistant materials. Garages attached to non‐residential structures must also meet the aforementioned requirements or be dry flood proofed as per the requirements of Section 3.4.7.S.Z. .7 The project shall not tend to reduce the value or usefulness of other properties in the floodplain or near the floodplain due to increase in flood heights. .8 The project shall not present a potential pollution hazard to soil, ground or surface waters. .9 The project will protect human life and health and limit property damage. .10 The project shall not endanger public facilities such as flood‐control projects, water, sewer, gas, and electrical lines, streets and bridges. .11 Structures shall be constructed and placed on the building site so as to offer the minimum obstruction to the flow of floodwater and to objects and debris carried by the floodwaters. .7 Application procedures for special permits. Applications for approval of any special permits for improvements within the floodplain and floodway shall be submitted to the Commission on the City Plan in accordance with the specifications of section 7.4 of these regulations and this chapter, and on an application form furnished by the Commission on the City Plan. Such application shall be accompanied by the following information: .1 Five sets of plans drawn to scale, showing the nature, location, dimensions and elevation of the lot, existing and or proposed structure (indicating lowest floor elevation, including basement), fill, storage of and type of materials, location of the foregoing in relation to the floodway, floodplain, wetland areas, watercourses and any other natural resources. Such plan shall be prepared by a land surveyor and / or professional engineer licensed in the State of Connecticut, whichever is applicable. .2 Flood impact studies, certified by a professional engineer licensed in the State of Connecticut, indicating the effects of the proposed use on the drainage systems upstream and downstream, the watercourse, the floodplain and any associated wetland areas. Such studies shall also indicate how the application will comply with sections 3.4.7.5 and .63.4.7.6.1 through 3.4.7.6.11 of these regulations. The Commission on the City Plan may waive the requirement of the preparation of the flood study or impact statement by a professional engineer if in the Commission's opinion the proposed activity is insignificant and provided the city engineer and the inland wetlands, watercourses and conservation commission recommend that the preparation of such statement or study by a professional engineer is not necessary.  .3 A copy of any necessary federal and state permit applications. Prior to construction, the applicant shall provide documentation to the zoning enforcement officer to assure that all necessary permits have been received. Copies of such permits shall be maintained on file with the application submitted under this section . .8 Review by other regulatory bodies. Upon receipt of the application, the Commission on the City Plan shall refer the application to the inland wetlands, watercourses and conservation commission (IWWCC) for review and comment. .1 The Commission on the City Plan may also refer the application to the city engineer, the New London County Soil Conservation (Service) District, Connecticut department of energy and environmental protection, the U.S. Army Corps of Engineers and / or a competent professional consultant for review and comment. .2 The Commission on the City Plan shall request that comments be provided within 30 days of the Commission's request. .9 Notification of other municipalities and agencies. The Commission on the City Plan shall notify any municipality within 500 feet of the proposed development, the department of environmental protection, inland water resources division, and the Federal Emergency Management Agency prior to any alteration or relocation of a watercourse and shall submit evidence that maintenance is provided within the altered or relocated portion of said watercourse so that the flood‐carrying capacity is not diminished. .10 Public hearings. The Commission on the City Plan shall conduct a public hearing on all requests for special permit applications for improvements within the floodplain and floodway. Such hearing shall be conducted in accordance with section 7.7.3 of these regulations. .11 Fees. Each application for a special permit under this section, in addition to the required fee under section 1.1, shall be accompanied by a fee of one‐tenth of one percent of the estimated cost of construction of the project, provided that municipal agencies shall not be required to pay a fee. The proceeds of such fees may be used by the Commission to pay for professional consultation concerning the project. .12 Provision of flood proofing. Prior to the issuance of a zoning compliance certificate, the zoning enforcement officer shall require the applicant to provide an as‐built plan prepared by a land surveyor licensed in the State of Connecticut showing the elevation of the lowest floor including the basement, the level to which any nonresidential structure has been waterproofed, and or grades for those areas re‐graded. .13 The zoning enforcement officer shall maintain a record of certification for flood proofing as required by section 3.4.7.5.1 and .2, and any other design or plan certifications as may be required under these regulations. 3.4.8 Variances. Variances of the provisions of this chapter may be granted by the zoning board of appeals in accordance with the provisions of section 8.8.4 and the following: .1 No variance shall be granted that will result in increased flood heights more than one foot at any point along the length of the watercourse, as required by the provisions of the Flood Insurance Program. .2 No variance shall be granted that will result in additional threats to public safety, extraordinary public expense, nuisances or victimization of the public. .3 Upon the granting of the variance, the zoning board of appeals shall notify the applicant in writing that: .1 The granting of the variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25.00 for $100.00 of insurance coverage. .2 Such construction below the flood level increases risks to life and property.  .4 The notification information outlined in this section shall appear in the variance form filed with the city clerk's office. .5 The zoning board of appeals shall maintain a record of all variances granted, including justification for their issuance and report any variance to the Federal Emergency Management Agency (FEMA) in its biennial report. 3.4.9 Municipal liability. The granting of a special permit, variance or zoning permit shall not constitute a representation, guarantee or warranty of any kind by the city, its officials, agents or employees of the practicability or safety of the proposed use or structure and shall create no liability upon the city, its agents or its employees. Mayor Peter Albert Nystrom President Pro Tem Mark M. Bettencourt Alderwoman Stacy Gould