§ 98-1. Findings.
The Village
Board of the Village of New York Mills finds that the potential and/or actual
damages from flooding and erosion may be a problem to the residents of the
Village of New York Mills and that such damages may include destruction or loss
of private and public housing, damage to public facilities, both publicly and
privately owned, and injury to and loss of human life. In order to minimize the
threat of such damages and to achieve the purposes and objectives hereinafter
set forth, this chapter is adopted.
§ 98-2. Purpose.
It is the
purpose of this chapter to promote the public health, safety and general
welfare and to minimize public and private losses due to flood conditions in
specific areas by provisions designed to:
A. Regulate
uses which are dangerous to health, safety and property due to water or erosion
hazards or which result in damaging increases in erosion or in flood heights or
velocities.
B. Require
that uses vulnerable to floods, including facilities which serve such uses, be
protected against flood damage at the time of initial construction.
C. Control
the alteration of natural floodplains, stream channels and natural protective
barriers which are involved in the accommodation of floodwaters.
D. Control
filling, grading, dredging and other development which may increase erosion or
flood damages.
E. Regulate
the construction of flood barriers which will unnaturally divert floodwaters or
which may increase flood hazards to other lands.
F. Qualify
for and maintain participation in the National Flood Insurance Program.
§ 98-3. Objectives.
The
objectives of this chapter are to:
A. Protect
human life and health.
B. Minimize
expenditure of public money for costly flood-control projects.
C. Minimize
the need for rescue and relief efforts associated with flooding and generally
undertaken at the expense of the general public.
D. Minimize
prolonged business interruptions.
E. Minimize
damage to public facilities and utilities, such as water and gas mains,
electric, telephone and sewer lines, streets and bridges, located in areas of
special flood hazard.
F. Help
maintain a stable tax base by providing for the sound use and development of
areas of special flood hazard so as to minimize future flood-blight areas.
G. Provide
that developers are notified that property is in an area of special flood
hazard.
H. Ensure
that those who occupy the areas of special flood hazard assume responsibility
for their actions.
§ 98-4. Word usage and
definitions.
A. Unless
specifically defined below, words or phrases used in this chapter shall be
interpreted so as to give them the meanings they have in common usage and to
give this chapter its most reasonable application.
B. As
used in this chapter, the following terms shall have the meanings
indicated:
APPEAL -- A request for a review of the local
administrator's interpretation of any provision of this chapter or a request
for a variance.
AREA OF
SHALLOW FLOODING -- A designated AO, AH
or VO Zone on a community's Flood Insurance Rate Map (FIRM) with a one-percent
or greater annual chance of flooding to an average annual depth of one to three
feet, where a clearly defined channel does not exist, where the path of
flooding is unpredictable and where velocity flow may be evident. Such flooding
is characterized by ponding or sheet flow.
AREA OF
SPECIAL FLOOD HAZARD -- The land in the
floodplain within a community subject to a one-percent or greater chance of
flooding in any given year. This area may be designated as Zone A, AE, AH, AO,
A1-A30, A99, V, VO, VE or V1-V30. It is also commonly referred to as the
"base floodplain" or "one-hundred-year floodplain."
BASE
FLOOD -- The flood having a one-percent
chance of being equaled or exceeded in any given year.
BASEMENT -- That portion of a building having its
floor subgrade (below ground level) on all sides.
BUILDING -- See "structure."
CELLAR -- See "basement."
CRAWL
SPACE -- An enclosed area beneath the
lowest elevated floor, 18 inches or more in height, which is used to service
the underside of the lowest elevated floor. The elevation of the floor of this
enclosed area, which may be of soil, gravel, concrete or other material, must
be equal to or above the lowest adjacent exterior grade. The enclosed crawl
space area shall be properly vented to allow for the equalization of
hydrostatic forces which would be experienced during periods of flooding.
DEVELOPMENT -- Any man-made change to improved or
unimproved real estate, including but not limited to buildings or other
structures, mining, dredging, filling, paving, excavation or drilling
operations or storage of equipment or materials.
ELEVATED
BUILDING
(1) A
nonbasement building:
(a) Built,
in the case of a building in Zone A1-A30, AE, A, A99, AO, AH, B, C, X or D, to
have the top of the elevated floor or, in the case of a building in Zone
V1-V30, VE or V, to have the bottom of the lowest horizontal structure member
of the elevated floor elevated above the ground level by means of pilings,
columns (posts and piers) or shear walls parallel to the flow of the water;
and
(b) Adequately
anchored so as not to impair the structural integrity of the building during a
flood of up to the magnitude of the base flood.
(2) In
the case of Zone A1-A30, AE, A, A99, AO, AH, B, C, X or D, "elevated
building" also includes a building elevated by means of fill or solid
foundation perimeter walls with openings sufficient to facilitate the unimpeded
movement of floodwaters.
(3) In
the case of Zone V1-V30, VE or V, "elevated building" also includes a
building otherwise meeting the definition of "elevated building,"
even though the lower area is enclosed by means of breakaway walls that meet
the federal standards.
EXISTING
MANUFACTURED HOME PARK OR SUBDIVISION --
A manufactured home park or subdivision for which the construction of
facilities for servicing the lots on which the manufactured homes are to be
affixed (including, at a minimum, the installation of utilities, the
construction of streets and either final site grading or the pouring of
concrete pads) is complete before the effective date of the floodplain
management regulations adopted by the community.
EXPANSION TO
AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION -- The preparation of additional sites by the
construction of facilities for servicing the lots on which the manufactured
homes are to be affixed (including the installation of utilities, the
construction of streets and either final site grading or the pouring of
concrete pads).
FEDERAL
EMERGENCY MANAGEMENT AGENCY -- The
federal agency that administers the National Flood Insurance Program.
FLOOD
BOUNDARY AND FLOODWAY MAP (FBFM) -- An
official map of the community published by the Federal Emergency Management
Agency as part of a riverine community's Flood Insurance Study. The FBFM
delineates a regulatory floodway along watercourses studied in detail in the
Flood Insurance Study.
FLOOD
ELEVATION STUDY -- An examination,
evaluation and determination of the flood hazards and, if appropriate,
corresponding water surface elevations or an examination, evaluation and
determination of flood-related erosion hazards.
FLOOD HAZARD
BOUNDARY MAP (FHBM) -- An official map
of a community issued by the Federal Emergency Management Agency where the
boundaries of the areas of special flood hazard have been designated as Zone A
but no flood elevations are provided.
FLOOD
INSURANCE RATE MAP (FIRM) -- An official
map of a community on which the Federal Emergency Management Agency has
delineated both the areas of special flood hazard and the risk premium zones
applicable to the community.
FLOOD
INSURANCE STUDY -- See "flood
elevation study."
FLOOD or
FLOODING
(1) A
general and temporary condition of partial or complete inundation of normally
dry land areas from:
(a) The
overflow of inland or tidal waters.
(b) The
unusual and rapid accumulation or runoff of surface waters from any
source.
(2) "Flood"
or "flooding" also means 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
accompanied by a severe storm or by an unanticipated force of nature, such as a
flash flood or an abnormal tidal surge, or by some similarly unusual and
unforeseeable event which results in flooding as defined in Subsection (1)(a)
above.
FLOODPLAIN
or FLOOD-PRONE AREA -- Any land area
susceptible to being inundated by water from any source. (See
"flooding.")
FLOODPROOFING -- Any combination of structural and
nonstructural additions, changes or adjustments to structures which reduce or
eliminate flood damage to real estate or improved real property, water and
sanitary facilities, structures and their contents.
FLOODWAY -- See "regulatory floodway."
FUNCTIONALLY
DEPENDENT USE -- A use which cannot
perform its intended purpose unless it is located or carried out in close
proximity to water, such as a docking or port facility necessary for the
loading and unloading of cargo or passengers, shipbuilding and ship repair
facilities. The term does not include long-term storage, manufacturing, sales
or service facilities.
HIGHEST
ADJACENT GRADE -- The highest natural
elevation of the ground surface, prior to construction, next to the proposed
walls of a structure.
HISTORIC
STRUCTURE -- Any structure that is:
(1) 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 Register;
(2) Certified
or preliminarily determined by the Secretary of the Interior as contributing to
the historical significance of a registered historic district or a district
preliminarily determined by the Secretary to qualify as a registered historic
district;
(3) Individually
listed on a state inventory of historic places in states with historic
preservation programs which have been approved by the Secretary of the
Interior; or
(4) Individually
listed on a local inventory of historic places in communities with historic
preservation programs that have been certified either by an approved state
program as determined by the Secretary of the Interior or directly by the
Secretary of the Interior in states without approved programs.
LOCAL
ADMINISTRATOR -- The person appointed by
the community to administer and implement this chapter by granting or denying
development permits in accordance with its provisions. This person is often the
Code Enforcement Officer, Building Inspector or employee of an engineering
department.
LOWEST
FLOOR -- The lowest floor of the lowest
enclosed area (including basement or cellar). 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 floor," provided that such enclosure is not built so as to
render the structure in violation of the applicable nonelevation design
requirements of this chapter.
MANUFACTURED
HOME -- A structure, transportable in
one or more sections, which is built on a permanent chassis and designed to be
used with or without a permanent foundation when connected to the required
utilities. The term does not include a recreational vehicle.
MANUFACTURED
HOME PARK OR SUBDIVISION -- A parcel (or
contiguous parcels) of land divided into two or more manufactured home lots for
rent or sale.
MEAN SEA
LEVEL -- For purposes of the National
Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or
other datum to which base flood elevations shown on a community's Flood
Insurance Rate Map are referenced.
MOBILE
HOME -- See "manufactured
home."
NATIONAL
GEODETIC VERTICAL DATUM (NGVD) -- As
corrected in 1929, a vertical control used as a reference for establishing
varying elevations within the floodplain.
NEW
CONSTRUCTION -- Structures for which the
start of construction commenced on or after the effective date of a floodplain
management regulation adopted by the community, and includes any subsequent
improvements to such structure.
NEW
MANUFACTURED HOME PARK OR SUBDIVISION --
A manufactured home park or subdivision for which the construction of
facilities for servicing the lots on which the manufactured homes are to be
affixed (including, at a minimum, the installation of utilities, the
construction of streets and either final site grading or the pouring of
concrete pads) is completed on or after the effective date of floodplain
management regulations adopted by a community.
ONE-HUNDRED-YEAR
FLOOD -- See "base
flood."
PRINCIPALLY
ABOVE GROUND -- At least 51% of the
actual cash value of the structure, excluding land value, is above ground.
RECREATIONAL
VEHICLE -- A vehicle which is:
(1) Built
on a single chassis;
(2) Four
hundred square feet or less when measured at the largest horizontal
projection;
(3) Designed
to be self-propelled or permanently towable by a light-duty truck; and
(4) Not
designed primarily for use as a permanent dwelling but as temporary living
quarters for recreational, camping, travel or seasonal use.
REGULATORY
FLOODWAY -- 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 a designated height as determined by the Federal Emergency
Management Agency in a Flood Insurance Study or by other agencies as provided
in § 98-13B of this chapter.
START OF
CONSTRUCTION -- Includes substantial
improvement and means the initiation, excluding planning and design, of any
phase of a project or physical alteration of the property and shall include
land preparation, such as clearing, grading and filling; installation of
streets and/or walkways; excavation for a basement, footings, piers or
foundations; or the erection of temporary forms. It also includes the placement
and/or installation on the property of accessory buildings (garages or sheds),
storage trailers and building materials. For manufactured homes, the
"actual start" means affixing of the manufactured home to its
permanent site.
STRUCTURE -- A walled and roofed building, including a
gas or liquid storage tank, that is principally above ground, as well as a
manufactured home.
SUBSTANTIAL
DAMAGE -- Damage of any origin sustained
by a structure whereby the cost of restoring the structure to its before
damaged condition would equal or exceed 50% of the market value of the
structure before the damage occurred.
SUBSTANTIAL
IMPROVEMENT -- Any reconstruction,
rehabilitation, addition or other improvement of a structure, the cost of which
equals or exceeds 50% of the market value of the structure before the start of
construction of the improvement. The term includes structures which have
incurred substantial damage, regardless of the actual repair work performed.
The term does not, however, include either:
(1) 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
(2) Any
alteration of an historic structure, provided that the alteration will not
preclude the structure's continued designation as an historic structure.
VARIANCE -- A grant of relief from the requirements of
this chapter which permits construction or use in a manner that would otherwise
be prohibited by this chapter.
§ 98-5. Applicability.
This chapter
shall apply to all areas of special flood hazard within the jurisdiction of the
Village of New York Mills.
§ 98-6. Basis for
establishing areas of special flood hazard.
A. The
areas of special flood hazard are identified and defined on the following
documents prepared by the Federal Emergency Management Agency:
(1) Flood
Insurance Rate Map (single panel) No. 360537 0001C whose effective date is May
4, 2000.
(2) A
scientific and engineering report entitled "Flood Insurance Study, Village
of New York Mills, New York Oneida County" dated May 4, 2000.
B. The
above documents are hereby adopted and declared to be a part of this chapter.
The Flood Insurance Study and/or maps are on file at: New York Mills Code
Enforcement Office, 1 Maple Street, New York Mills, NY.
§ 98-7. Interpretation
and conflict with other laws.
A. This
chapter includes all revisions to the National Flood Insurance Program through
November 1, 1989, and shall supersede all previous laws adopted for the purpose
of flood damage prevention.
B. In
their interpretation and application, the provisions of this chapter shall be
held to be minimum requirements, adopted for the promotion of the public health,
safety and welfare. Whenever the requirements of this chapter are at variance
with the requirements of any other lawfully adopted rules, regulations or
ordinances, the most restrictive or that imposing the highest standards shall
govern.
§ 98-8. Penalties for
noncompliance.
No structure
in an area of special flood hazard shall hereafter be constructed, located,
extended, converted or altered and no land shall be excavated or filled without
full compliance with the terms of this chapter and any other applicable
regulations. Any infraction of the provisions of this chapter by failure to
comply with any of its requirements, including infractions of conditions and
safeguards established in connection with conditions of the permit, shall
constitute a violation. Any person who violates this chapter or fails to comply
with any of its requirements shall, upon conviction thereof, be fines no more
than $250 or imprisoned for not more than 15 days or both Each day of
noncompliance shall be considered a separate offense. Nothing herein contained
shall prevent the Village of New York Mills from taking such other lawful
action as necessary to prevent or remedy an infraction. Any structure found not
compliant with the requirements of this chapter for which the developer and/or
owner has not applied for and received an approved variance under § 98-6
will be declared noncompliant and notification sent to the Federal Emergency
Management Agency.
§ 98-9. Warning and
disclaimer of liability.
The degree
of flood protection required by this chapter is considered reasonable for
regulatory purposes and is based on scientific and engineering considerations.
Larger floods can and will occur on rare occasions. Flood heights may be
increased by man-made or natural causes. This chapter does not imply that land
outside the areas of special flood hazard or uses permitted within such areas
will be free from flooding or flood damages. This chapter shall not create
liability on the part of the Village of New York Mills, any officer or employee
thereof or the Federal Emergency Management Agency for any flood damages that
result from reliance on this chapter or any administrative decision lawfully
made thereunder.
§ 98-10. Designation of
local administrator.
The New York
Mills Code Enforcement Officer is hereby appointed local administrator to
administer and implement this chapter by granting or denying floodplain
development permits in accordance with its provisions.
§ 98-11. Floodplain
development permit; fees and costs.
A. Purpose.
A floodplain development permit is hereby established for all construction and
other development to be undertaken in areas of special flood hazard in this
community for the purpose of protecting its citizens from increased flood
hazards and ensuring that new development is constructed in a manner that
minimizes its exposure to flooding. It shall be unlawful to undertake any
development in an area of special flood hazard, as shown on the Flood Insurance
Rate Map enumerated in § 98-6, without a valid floodplain development
permit. Application for a permit shall be made on forms furnished by the local
administrator and may include but not be limited to plans, in duplicate, drawn
to scale and showing the nature, location, dimensions and elevations of the area
in question, existing or proposed structures, fill, storage of materials,
drainage facilities and the location of the foregoing.
B. Fees.
All applications for a floodplain development permit shall be accompanied by an
application fee as set from time to time by resolution of the Board of Trustees.
In addition, the applicant shall be responsible for reimbursing the Village of
New York Mills for any additional costs necessary for review, inspection and
approval of this project. The local administrator may require a deposit of not
more than $500 to cover these additional costs.
§ 98-12. Permit
application.
The applicant
shall provide the following information as appropriate; additional information
may be required on the permit application form:
A. The
proposed elevation, in relation to mean sea level, of the lowest floor
(including basement or cellar) of any new or substantially improved structure
to be located in Zone A1-A30, AE or AH or Zone A if base flood elevation data
is available. Upon completion of the lowest floor, the permittee shall submit
to the local administrator the as-built elevation, certified by a licensed
professional engineer or surveyor.
B. The
proposed elevation, in relation to mean sea level, to which any new or
substantially improved nonresidential structure will be floodproofed. Upon
completion of the floodproofed portion of the structure, the permittee shall
submit to the local administrator the as-built floodproofed elevation,
certified by a professional engineer or surveyor.
C. A
certificate from a licensed professional engineer or architect that any utility
floodproofing will meet the criteria in § 98-15C, Utilities.
D. A
certificate from a licensed professional engineer or architect that any
nonresidential floodproofed structure will meet the floodproofing criteria in
§ 98-17, Nonresidential structures.
E. A
description of the extent to which any watercourse will be altered or relocated
as a result of proposed development. Computations by a licensed professional
engineer must be submitted that demonstrate that the altered or relocated
segment will provide equal or greater conveyance than the original stream
segment. The applicant must submit any maps, computations or other material
required by the Federal Emergency Management Agency (FEMA) to revise the
documents enumerated in § 98-6, when notified by the local administrator,
and must pay any fees or other costs assessed by FEMA for this purpose. The
applicant must also provide assurances that the conveyance capacity of the
altered or relocated stream segment will be maintained.
F. A
technical analysis, by a licensed professional engineer, if required by the
local administrator, which shows whether proposed development to be located in
an area of special flood hazard may result in physical damage to any other
property.
G. In
Zone A, when no base flood elevation data is available from other sources, base
flood elevation data shall be provided by the permit applicant for subdivision
proposals and other proposed developments (including proposals for manufactured
home and recreational vehicle parks and subdivisions) that are greater than
either 50 lots or five acres.
§ 98-13. Powers and
duties of local administrator.
Duties of
the local administrator shall include but not be limited to the following:
A. Permit
application review. The local administrator shall conduct the following permit
application review before issuing a floodplain development permit. The local
administrator shall:
(1) Review
all applications for completeness, particularly with the requirements of
§ 98-12, Permit application, and for compliance with the provisions and
standards of this chapter.
(2) Review
subdivision and other proposed new development, including manufactured home
parks, to determine whether proposed building sites will be reasonably safe
from flooding. If a proposed building site is located in an area of special
flood hazard, all new construction and substantial improvements shall meet the
applicable standards of §§ 98-14 through 98-18 and, in particular,
§ 98-14A, Subdivision proposals.
(3) Determine
whether any proposed development in an area of special flood hazard may result
in physical damage to any other property (e.g., stream bank erosion and
increased flood velocities). The local administrator may require the applicant
to submit additional technical analyses and data necessary to complete the
determination. If the proposed development may result in physical damage to any
other property or fails to meet the requirements of §§ 98-14 through
98-18, no permit shall be issued. The applicant may revise the application to
include measures that mitigate or eliminate the adverse effects and resubmit
the application.
(4) Determine
that all necessary permits have been received from those governmental agencies
from which approval is required by state or federal law.
B. Use
of other flood data.
(1) When
the Federal Emergency Management Agency has designated areas of special flood
hazard on the community's Flood Insurance Rate Map (FIRM) but has neither
produced water surface elevation data (these areas are designated Zone A or V
on the FIRM) nor identified a floodway, the local administrator shall obtain,
review and reasonably utilize any base flood elevation and floodway data
available from a federal, state or other source, including data developed
pursuant to § 98-12G, as criteria for requiring that new construction,
substantial improvements or other proposed development meet the requirements of
this chapter.
(2) When
base flood elevation data is not available, the local administrator may use
flood information from any other authoritative source, such as historical data,
to establish flood elevations within the areas of special flood hazard for the
purposes of this chapter.
C. Alteration
of watercourses. The local administrator shall:
(1) Notification
to adjacent communities and the New York State Department of Environmental
Conservation prior to permitting any alteration or relocation of a watercourse
and submittal of evidence of such notification to the Regional Director, Region
II, Federal Emergency Management Agency.
(2) Determine
that the permit holder has provided for maintenance within the altered or
relocated portion of said watercourse so that the flood-carrying capacity is
not diminished.
D. Construction
stage.
(1) In
Zones A1-A30, AE and AH and also Zone A, if base flood elevation data is
available, upon placement of the lowest floor or completion of floodproofing of
a new or substantially improved structure, obtain from the permit holder a
certification of the as-built elevation of the lowest floor or floodproofed
elevation, in relation to mean sea level. The certificate shall be prepared by
or under the direct supervision of a licensed land surveyor or professional
engineer and certified by the same. For manufactured homes, the permit holder
shall submit the certificate of elevation upon placement of the structure on
the site. A certificate of elevation must also be submitted for a recreational
vehicle if it remains on a site for 180 consecutive days or longer (unless it
is fully licensed and ready for highway use).
(2) Any
further work undertaken prior to submission and approval of the certification
shall be at the permit holder's risk. The local administrator shall review all
data submitted. Deficiencies detected shall be cause to issue a stop-work order
for the project unless immediately corrected.
E. Inspections.
The local administrator and/or the developer's engineer or architect shall make
periodic inspections at appropriate times throughout the period of construction
in order to monitor compliance with permit conditions and enable said inspector
to certify, if requested, that the development is in compliance with the
requirements of the floodplain development permit and/or any variance
provisions.
F. Stop-work
orders.
(1) The
local administrator shall issue or cause to be issued a stop-work order for any
floodplain development found ongoing without a development permit. Disregard of
a stop-work order shall subject the violator to the penalties described in
§ 98-8 of this chapter.
(2) The
local administrator shall issue or cause to be issued a stop-work order for any
floodplain development found noncompliant with the provisions of this chapter
and/or the conditions of the development permit. Disregard of a stop-work order
shall subject the violator to the penalties described in § 98-8 of this
chapter.
G. Certificate
of compliance.
(1) In
areas of special flood hazard, as determined by documents enumerated in
§ 98-6, it shall be unlawful to occupy or to permit the use or occupancy
of any building or premises, or both, or part thereof hereafter created,
erected, changed, converted or wholly or partly altered or enlarged in its use
or structure until a certificate of compliance has been issued by the local
administrator stating that the building or land conforms to the requirements of
this chapter.
(2) A
certificate of compliance shall be issued by the local administrator upon
satisfactory completion of all development in areas of special flood
hazard.
(3) Issuance
of the certificate shall be based upon the inspections conducted as prescribed
in Subsection E, Inspections, and/or any certified elevations, hydraulic data,
floodproofing, anchoring requirements or encroachment analyses which may have
been required as a condition of the approved permit.
H. Information
to be retained. The local administrator shall retain and make available for
inspection copies of the following:
(1) Floodplain
development permits and certificates of compliance.
(2) Certificates
of as-built lowest floor elevations of structures, required pursuant to
Subsection D(1) and (2), and whether or not the structures contain a
basement.
(3) Floodproofing
certificates required pursuant to Subsection D(1) and whether or not the
structures contain a basement.
(4) Variances
issued pursuant to §§ 98-19 and 98-20.
(5) Notices
required under § 98-13C, Alteration of watercourses.
§ 98-14. General
standards.
The
following standards apply to new development, including new and substantially
improved structures, in the areas of special flood hazard shown on the Flood
Insurance Rate Map designated in § 98-6:
A. Subdivision
proposals. The following standards apply to all new subdivision proposals and
other proposed development in areas of special flood hazard (including
proposals for manufactured home and recreational vehicle parks and
subdivisions):
(1) Proposals
shall be consistent with the need to minimize flood damage.
(2) Public
utilities and facilities, such as sewer, gas, electrical and water systems,
shall be located and constructed so as to minimize flood damage.
(3) Adequate
drainage shall be provided to reduce exposure to flood damage.
B. Encroachments.
(1) Within
Zones A1-A30 and AE, on streams without a regulatory floodway, no new
construction, substantial improvements or other development (including fill)
shall be permitted unless:
(a) The
applicant demonstrates that the cumulative effect of the proposed development,
when combined with all other existing and anticipated development, will not
increase the water surface elevation of the base flood more than one foot at
any location; or
(b) The
Village of New York Mills agrees to apply to the Federal Emergency Management
Agency (FEMA) for a conditional FIRM revision, FEMA approval is received and
the applicant provides all necessary data, analyses and mapping and reimburses
the Village of New York Mills for all fees and other costs in relation to the
application. The applicant must also provide all data, analyses and mapping and
reimburse the Village of New York Mills for all costs related to the final map
revision.
(2) On
streams with a regulatory floodway, as shown on the Flood Boundary and Floodway
Map or the Flood Insurance Rate Map adopted in § 98-6, no new construction,
substantial improvements or other development in the floodway (including fill)
shall be permitted unless:
(a) A
technical evaluation by a licensed professional engineer shows that such an
encroachment shall not result in any increase in flood levels during the
occurrence of the base flood; or
(b) The
Village of New York Mills agrees to apply to the Federal Emergency Management
Agency (FEMA) for a conditional FIRM and floodway revision, FEMA approval is
received and the applicant provides all necessary data, analyses and mapping
and reimburses the Village of New York Mills for all fees and other costs in
relation to the application. The applicant must also provide all data, analyses
and mapping and reimburse the Village of New York Mills for all costs related
to the final map revisions.
§ 98-15. Standards for
all structures.
A. Anchoring.
New structures and substantial improvement to structures in areas of special
flood hazard shall be anchored to prevent flotation, collapse or lateral
movement during the base flood. This requirement is in addition to applicable
state and local anchoring requirements for resisting wind forces.
B. Construction
materials and methods.
(1) New
construction and substantial improvements to structures shall be constructed
with materials and utility equipment resistant to flood damage.
(2) New
construction and substantial improvements to structures shall be constructed
using methods and practices that minimize flood damage.
(3) Enclosed
areas.
(a) For
enclosed areas below the lowest floor of a structure within Zone A1-A30, AE or
AH and also Zone A, if base flood elevation data is available, new and
substantially improved structures shall have fully enclosed areas below the
lowest floor that are usable solely for parking of vehicles, building access or
storage in an area other than a basement and which are subject to flooding
designed to automatically equalize hydrostatic flood forces on exterior walls
by allowing for the entry and exit of floodwaters. Designs for meeting this
requirement must either be certified by a licensed professional engineer or
architect or meet or exceed the following minimum criteria:
[1] A
minimum of two openings 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; and
[2] The
bottom of all such openings shall be no higher than one foot above the lowest
adjacent finished grade.
(b) Openings
may be equipped with louvers, valves, screens or other coverings or devices,
provided that they permit the automatic entry and exit of floodwaters. Enclosed
areas subgrade on all sides are considered basements and are not
permitted.
C. Utilities.
(1) Machinery
and equipment servicing a building must either be elevated to or above the base
flood level or designed to prevent water from entering or accumulating within
the components during a flood. This includes heating, ventilating and
air-conditioning equipment, hot-water heaters, appliances, elevator lift
machinery and electrical junction and circuit breaker boxes. When located below
the base flood elevation, a professional engineer's or architect's
certification of the design is required.
(2) New
and replacement water supply systems shall be designed to minimize or eliminate
infiltration of floodwaters into the system.
(3) New
and replacement sanitary sewage systems shall be designed to minimize or
eliminate infiltration of floodwaters. Sanitary sewer and storm drainage
systems for buildings that have openings below the base flood elevation shall
be provided with automatic backflow valves or other automatic backflow devices
that are installed in each discharge line passing through a building's exterior
wall.
(4) On-site
waste disposal systems shall be located to avoid impairment to them or
contamination from them during flooding.
§ 98-16. Residential
structures.
The
following standards, in addition to the standards in § 98-14A, Subdivision
proposals, and § 98-14B, Encroachments, and § 98-15, Standards for
all structures, apply to structures located in areas of special flood hazard as
indicated:
A. Within
Zones A1-A30, AE and AH and also Zone A, if base flood elevation data is
available, new construction and substantial improvements shall have the lowest
floor (including basement) elevated to one-foot above the base flood
level.
B. Within
Zone A, when no base flood elevation data is available, new and substantially
improved structures shall have the lowest floor (including basement) elevated
at least three feet above the highest adjacent grade.
C. Within
Zone AO, new and substantially improved structures shall have the lowest floor
(including basement) elevated above the highest adjacent grade at least as high
as one-foot more than the depth number specified in feet on the community's
Flood Insurance Rate Map enumerated in § 98-6 (at least two feet if no
depth number is specified).
D. Within
Zones AH and AO, adequate drainage paths are required to guide floodwaters
around and away from proposed structures on slopes.
§ 98-17. Nonresidential
structures.
The
following standards apply to new and substantially improved commercial,
industrial and other nonresidential structures, in addition to the requirements
in § 98-14A, Subdivision proposals, and § 98-14B, Encroachments, and
§ 98-15, Standards for all structures.
A. Within
Zones A1-A30, AE and AH and also Zone A, if base flood elevation data is
available, new construction and substantial improvements of any nonresidential
structure, together with attendant utility and sanitary facilities, shall
either:
(1) Have
the lowest floor, including basement or cellar, elevated to one foot above the
base flood elevation; or
(2) Be
floodproofed so that the structure is watertight below the base flood level
with walls substantially impermeable to the passage of water. All structural
components located below the base flood level must be capable of resisting
hydrostatic and hydrodynamic loads and the effects of buoyancy.
B. Within
Zone AO, new construction and substantial improvements of nonresidential
structures shall:
(1) Have
the lowest floor (including basement) elevated above one foot more than the
highest adjacent grade at least as high as one-foot more than the depth number
specified in feet on the community's FIRM (at least two feet if no depth number
is specified); or
(2) Together
with attendant utility and sanitary facilities, be completely floodproofed to
that level to meet the floodproofing standard specified in Subsection
A(2).
C. If
the structure is to be floodproofed, a licensed professional engineer or
architect shall develop and/or review structural design, specifications and
plans for construction. A floodproofing certificate or other certification
shall be provided to the local administrator that certifies that the design and
methods of construction are in accordance with accepted standards of practice
for meeting the provisions of Subsection A(2), including the specific elevation
(in relation to mean sea level) to which the structure is to be
floodproofed.
D. Within
Zones AH and AO, adequate drainage paths are required to guide floodwaters
around and away from proposed structures on slopes.
E. Within
Zone A, when no base flood elevation data is available, the lowest floor
(including basement) shall be elevated at least three feet above the highest
adjacent grade.
§ 98-18. Manufactured
homes and recreational vehicles.
The
following standards, in addition to the standards in § 98-14, General
standards, and § 98-15, Standards for all structures, apply, as indicated,
in areas of special flood hazard to manufactured homes and to recreational
vehicles which are located in areas of special flood hazard.
A. Recreational
vehicles.
(1) Recreational
vehicles placed on sites within Zones A1-A30, AE and AH shall either:
(a) Be
on site fewer than 180 consecutive days;
(b) Be
fully licensed and ready for highway use; or
(c) Meet
the requirements for manufactured homes in Subsections B, D and E.
(2) 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.
B. A
manufactured home that is placed or substantially improved in Zones A1-A30, AE
and AH that is on a site either outside of an existing manufactured home park
or subdivision as herein defined, in a new manufactured home park or
subdivision as herein defined, in an expansion to an existing manufactured home
park or subdivision as herein defined or in an existing manufactured home park
or subdivision as herein defined on which a manufactured home has incurred
substantial damage as the result of a flood shall be elevated on a permanent
foundation such that the lowest floor is elevated to one foot above the base
flood elevation and is securely anchored to an adequately anchored foundation
system to resist flotation, collapse and lateral movement. Elevation on piers
consisting of dry stacked blocks is prohibited. Methods of anchoring may
include but are not limited to use of over-the-top or frame ties to ground
anchors.
C. A
manufactured home to be placed or substantially improved in Zones A1-A30, AE
and AH in an existing manufactured home park or subdivision that is not to be
placed on a site on which a manufactured home has incurred substantial damage
shall be:
(1) Elevated
in a manner such as required in Subsection B; or
(2) Elevated
such that the manufactured home chassis is supported by reinforced piers or
other foundation elements of at least equivalent strength that are no less than
36 inches in height above the lowest adjacent grade and are securely anchored
to an adequately anchored foundation system to resist flotation, collapse or
lateral movement. Elevation on piers consisting of dry stacked blocks is
prohibited.
D. Within
Zone A, when no base flood elevation data is available, new and substantially
improved manufactured homes shall be elevated such that the manufactured home
chassis is supported by reinforced piers or other foundation elements of at
least equivalent strength that are no less than 36 inches in height above the
lowest adjacent grade and are securely anchored to an adequately anchored
foundation system to resist flotation, collapse or lateral movement. Elevation
on piers consisting of dry stacked blocks is prohibited.
E. Within
Zone AO, the floor shall be elevated above the highest adjacent grade at least
as high as the depth number specified on the Flood Insurance Rate Map
enumerated in § 98-6 (at least two feet if no depth number is specified).
Elevation on piers consisting of dry stacked blocks is prohibited.
§ 98-19. Appeals board.
A. The
Zoning Board of Appeals as established by the Village Board shall hear and
decide appeals and requests for variances from the requirements of this
chapter.
B. The
Zoning Board of Appeals shall hear and decide appeals when it is alleged that
there is an error in any requirement, decision or determination made by the
local administrator in the enforcement or administration of this chapter.
C. Those
aggrieved by the decision of the Zoning Board of Appeals may appeal such
decision to the Supreme Court pursuant to Article 78 of the Civil Practice Law
and Rules.
D. In
passing upon such applications, the Zoning Board of Appeals, shall consider all
technical evaluations, all relevant factors, standards specified in other
sections of this chapter and:
(1) The
danger that materials may be swept onto other lands to the injury of
others.
(2) The
danger to life and property due to flooding or erosion damage.
(3) The
susceptibility of the proposed facility and its contents to flood damage and
the effect of such damage on the individual owner.
(4) The
importance of the services provided by the proposed facility to the
community.
(5) The
necessity to the facility of a waterfront location, where applicable.
(6) The
availability of alternative locations for the proposed use which are not
subject to flooding or erosion damage.
(7) The
compatibility of the proposed use with existing and anticipated
development.
(8) The
relationship of the proposed use to the Comprehensive Plan and floodplain
management program of that area.
(9) The
safety of access to the property in times of flood for ordinary and emergency
vehicles.
(10) The
costs to local governments and the dangers associated with conducting
search-and-rescue operations during periods of flooding.
(11) The
expected heights, velocity, duration, rate of rise and sediment transport of
the floodwaters and the effects of wave action, if applicable, expected at the
site.
(12) The
costs of providing governmental services during and after flood conditions,
including search-and-rescue operations and maintenance and repair of public
utilities and facilities, such as sewer, gas, electrical and water systems and
streets and bridges.
E. Upon
consideration of the factors of Subsection D and the purposes of this chapter,
the Zoning Board of Appeals may attach such conditions to the granting of
variances as it deems necessary to further the purpose of this chapter.
F. The
local administrator shall maintain the records of all appeal actions, including
technical information, and report any variances to the Federal Emergency
Management Agency upon request.
§ 98-20. Conditions for
variances.
A. Generally,
variances may be issued for new construction and substantial improvements to be
erected on a lot of 1/2 acre or less in size contiguous to and surrounded
by lots with existing structures constructed below the base flood level,
provided that the items in § 98-19D(1) through (12) have been fully
considered. As the lot size increases beyond the 1/2 acre, the technical
justification required for issuing the variance increases.
B. Variances
may be issued for the repair or rehabilitation of historic structures upon
determination that:
(1) The
proposed repair or rehabilitation will not preclude the structure's continued
designation as an historic structure.
(2) The
variance is the minimum necessary to preserve the historic character and design
of the structure.
C. Variances
may be issued by a community for new construction and substantial improvements
and for other development necessary for the conduct of a functionally dependent
use, provided that:
(1) The
criteria of Subsections A, D, E and F of this section are met.
(2) The
structure or other development is protected by methods that minimize flood
damages during the base flood and create no additional threat to public
safety.
D. Variances
shall not be issued within any designated floodway if any increase in flood
levels during the base flood discharge would result.
E. Variances
shall only be issued upon a determination that the variance is the minimum
necessary, considering the flood hazard, to afford relief.
F. Variances
shall only be issued upon receiving written justification of:
(1) A
showing of good and sufficient cause;
(2) A
determination that failure to grant the variance would result in exceptional
hardship to the applicant; and
(3) A
determination that the granting of a variance will not result in increased
flood heights, additional threats to public safety or extraordinary public
expense; create nuisances; cause fraud on or victimization of the public; or
conflict with existing local laws or ordinances.
G. Any
applicant to whom a variance is granted for a building with the lowest floor
below the base flood elevation shall be given written notice over the signature
of a community official that the cost of flood insurance will be commensurate
with the increased risk resulting from lowest floor elevation.
