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LL #04-1979TOWN OF WAPPINGER DUTCHESS COUNTY, NEW YORK LOCAL LAW NO.4, YEAR 1979 FLOOD DAMAGE PREVENTION %W BE IT ENACTED by the Town Board of the Town of Wappinger as follows: 1.1. STATUTORY AUTHORIZATION %W The Legislature of the State of New York has delegated the re- sponsibility to local governmental units to adopt regulations de- signed to promote the public health, safety, and general welfare of its citizenry. 1.2. FINDINGS OF FACT (1) The flood hazard areas of the Town of Wappinger are sub- ject to periodic inundation which results in loss of life and pro- perty, health and safety hazards, disruption of commerce and govern- mental services, extraordinary public expenditures for flood pro- tection and relief, and impairment of the tax base, all of which adversely affect the public health, safety,and general welfare. (2) These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities, and when inadequately anchored,damage uses in -other areas. Uses that are inadequately floodproofed, elevated or otherwise protected from flood damage also contribute to the flood loss. 1.3 STATEMENT OF PURPOSE ,%W It is thepurpose of this local law to promote the public health, safety, and general welfare, and to minimize public and private '�Iw losses due to flood conditions in specific areas by provisions de- signed: (1) To protect human life and health; (2) To minimize expenditure of public money for costly flood control projects; (3) To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; (4) To minimize prolonged business interruptions; (5) To 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; (6) To help maintain a stable tax base by providing for the second use and development of areas of special flood hazard so as to minimize future flood blight areas; (7) To insure that potential buyers are notified that pro- perty is in an area of special flood hazard; and, (8) To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. 1.4 METHODS OF REDUCING FLOOD LOSSES In order to accomplish its purposes this local law includes methods and provisions for: (1) Restricting or prohibiting 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; (2) Requiring that uses vulnerable to floods, including facil- ities which serve such uses, be protected against flood damage at the time of initial contruction; (3) Controlling the alteration of natural flood plains, stream channels and natural protective barriers, which help accommo- date or channel flood waters; (4) Controlling filling, grading, dredging, and other devel- opment which may increase flood damage; and (5) Preventing or regulating the constrtjction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas. F� M M F, 2.0 DEFINITIONS Unless specifically defined below, words or phrases used in this local law shall be interpreted so as to give them the meaning they n have in common usage and to give this local law its most reasonable application. "Appeal" means a request for a review of the building inspector's interpretation of any provision of this local law or a request for a variance. "Area of shallow flooding" means a designated AQ Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and, velocity flow may be evident. "Area of special flood hazard" means the land in the flood plain within a community subject to a one percent or greater chance of flooding in any given year. "Base Flood" means the flood having a one percent chance of being equalled or exceeded in any given year. "Development" means any man-made change to improved or unim- proved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations located within the area of special flood hazard. "Existing mobile home park or mobile home subdivision" means a parcel for contiguous parcels) of land divided into two or more mobile home lots for rent or sale for which the construction of facilites for servicing the lot on which the mobile home is to be affixed (including, at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets) is completed before the effective date of this ordinance. "Expansion to an existing mobile home park or mobile home sub- division" means the preparation of additional sites by the con- struction of facilities for servicing the lots on which the mobile homes are to be affixed (including the installation of utilities, either final site grading or pouring of concrete or the construclogo - tion of streets). "Flood" or"Flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from: (1) The overflow of inland or tidal waters and/or (2) The unusual and rapid accumulation or runoff of surface waters from any source. "Flood Insurance Rate Map" (FIRM) means the official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. "Flood Insurance Study" means the official report provided in which the Federal Insurance Administration has provided flood profiles, as well as the Flood Boundary-Floodway Map and the water surface elevation of the base flood. "Floodway" means the channel of a river or other water -course and the adjacent land areas that must be reserved in order to dis- charge the base flood without cumulatively increasing the water surface elevation more than one (1) foot. "Habitable floor" means any floor usable for living purposes, which includes working, sleeping, eating, cooking or recreation, or a combination thereof. A floor used only for storage purposes is not a"habitable floor." "Mobile Home" means a structure that is transportable in one or more sections, built on a permanent chassis, and designed to be used with or without a permanent foundation when connected to the re- quired utilities. It does not include recreational vehicles or travel trailers. "New construction" means structures for which the "start of 1 construction" commenced on or after the effective date of this local law. 1%► "New mobile home park or mobile home subdivision" means a par- cel (or contiguous parcels) of land divided into two or more mobile home lots for rent or sale for which the construction of facilities for servicing the lot (including, at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets) is completed on or after the effective date of this local law. "Start of construction"means the first placement of permanent construction of a structure (other than a mobile home) on a site, such as the pouring of slabs or footings or any work beyond the stage of excavation. Permanent construction does not include land prepa- ration, such as clearing, grading, and filling, nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not as part of the main structure. For a structure (other than a mobile home) without a basement or poured footings, the "start of construction" includes the first permanent framing or assembly of the structure of any part thereof on its piling or foundation. For mobile homes not within a mobile home park or mobile home subdivision, "start of construction" means the affixing of themobile home to its permanent site. For mobile homes within mobile home parks or mobile home subdivisions, "start of construction" is the date on which the construction of facilities for servicing the site on which the mobile home is to be affixed (including, at a minimum, the construction of streets, either final site grading or the pouring of concrete pads, and instal- lation of utilities) is completed. "Structure" means a walled and roofed building, a mobile home, or a gas or liquid storage tank, that is principally above ground. "Substantial improvement" means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either: (1) before the improvement or repair is started, or (2) if the structure has been damaged and is being restored, before the damage occurred. For the purpose of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either: (1) any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, or (2) any alteration of a structure listed on the National Register of Historic Places or a State or County Inventory of Historic Places. "Variance" means a grant of relief from the requirements of this local law which permits construction in a manner that would otherwise be prohibited by this local law. 3.1 LANDS TO WHICH THIS LOCAL LAW APPLIES This local law shall apply to all areas of special flood hazards within the jurisdiction of the Town of Wappinger. 3.2 BASIS FOR ESTABLISHING THE AREAS`OF SPECIAL FLOOD HAZARD The areas of special flood hazard indentified by the Federal Insurance Administration in a scientific and engineering report lbkw entitled "The Flood Insurance Study for the Town of Wappinger," dated December 15, 1978, with accompanying Flood Insurance Rate %W Maps and Flood Boundary-Floodway Maps is hereby adopted by reference and declared to be a part of this local law. The Flood Insurance Study is on file at the office of the Town Clerk, Mill Street, Village of Wappingers Falls, New York. 3.3 PENALTIES FOR NONCOMPLIANCE No structure or land shall hereafter be constructed, located, extended, converted or altered without full compliance with the terms of this local law and other applicable regulations. Violation of the provisions of this local law by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitue a offense. Any person who violates this local law,or fails to comply with any of its requirements shall upon conviction thereof be fined not more than Two Hundred Fifty ($250.00) Dollars or imprisoned for not more than fifteen (15) days, or both, for each violation, and in addition shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent the Town of Wappinger from taking such other lawful action as is necessary to prevent or remedy any violation. 3.4 ABROGATION AND GREATER RESTRICTIONS This local law is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this local law and other ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. 3.5 INTERPRETATION In the interpretation and application of this local law, all provisions shall be: and, (1) Considered as minimum requirements; (2) Liberally construed in favor of the governing body; (3) Deemed neither to limit nor repeal any other powers granted under State statutes. 3.6 WARNING AND DISCLAIMER OF LIABILITY The degree of flood protection required by this local law 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 local law does not imply that land out- side the area of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This local law shall not create liability on the part of the Town of Wappinger, any officer or employee thereof or the Federal Insurance Administration, for any flood damages that result from reliance on this local law or any administrative decision lawfully made thereunder. 4.1 ESTABLISHMENT OF DEVELOPMENT PERMIT A Development Permit shall be obtained before constuction or development begins within any area of special flood hazard established in Section 3.2. Application for a Development Permit shall be made on forms furnished by the Building Inspector and may;include, but not be limited to; plans in duplicate drawn to scale 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. F� I n n Specifically, the following information is required: (1) Elevation in relation to mean sea level, of the lowest floor (including basement) of all structures; (2) Elevation in relation to mean sea level to which any structure has been floodproofed; (3) Certification by a registered professional engineer or %W architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in Section 5.2.2; and, (4) Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. 4.2 DESIGNATION OF THE BUILDING INSPECTOR The Building Inspector is hereby appointed to administer and implement this local law by granting or denying development permit applications in accordance with its provisions. 4.3 DUTIES AND RESPONSIBILITIES OF THE BUILDING INSPECTOR Duties of the Building Inspector shall include, but not be limited to: (1) Review all development permits to determine that the permit requirements of this ordinance have been satisfied. (2) Review all development permits to determine that all necessary permits have been obtained from those Federal, State or local governmental agencies from which prior approval is required. (3) Review all development permits to determine if the 114✓ proposed development is located in the floodway. If located in the floodway, assure that the encroachment provisions of Section *r. 5.3 (1) are met. 4.3-2 USE OF OTHER FLOOD DATA When base flood elevation data has not been provided in accordance with Section 3.2, BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD, the building inspector shall obtain, review, and reasonably utilize any base flood elevation data available from a Federal, State or other source, in order to administer Sections 5.2-1, SPECIFIC STANDARDS, Residential Construction, and 5.2-2, SPECIFIC STANDARDS, Nonresidential Construction. 4.3-3 INFORMATION TO BE OBTAINED AND MAINTAINED (1) Obtain and record the actual elevation (in relation to mean sea level) of the lowest habitable floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement. (2) For all new substantially improved floodproofed structures: (i) verify and record the actual elevation (in relation to mean sea level); and (ii) maintain the floodproofing certifications required in Section 4.1 (3). (3) Maintain for public inspection all records pertaining to the provisions of this local law. 4.3-4 ALTERATION OF WATERCOURSES '(1) Notify adjacent communities and the State coordinating agency prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration: (2) Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished. 4.3-5 INTERPRETATION OF FIRM BOUNDARIES Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the 1� F1, n n interpretation as provided in Section 4.4. 4.4 VARIANCE PROCEDURE 4.4-1 APPEAL BOARD (1) The Zoning Board of Appeals as established by the Town of Wappinger shall hear and decide appeals and requests for variances from the requirements of this local law. (2) The Zoning Board of Appeals shall hear and decide appeals when 114W it is alleged there is an error in any requirement, decision, or determin- ation made by the building inspector, the enforcement or administration of this local law. (3) Those aggrieved by the decision of the Zoning Board of Appeals, or any taxpayer, may appeal such decision to the Supreme Court, as provided in Town Law 9264. (4) 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 ordinance, and: (i) the danger that materials may be swept onto other lands to the injury of others; (ii) the danger to life and property due to flooding or erosion damage; (iii) the susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; (iv) the importance of the services provided by the proposed facility to the community; (v) the necessity to the facility of a waterfront location, where applicable. (vi) the compatibility of the proposed use with existing and anticipated development; (vii) the availability of alternative locations for the proposed use which are not subject to flooding or erosion damage; (viii) the relationship of the proposed use to the compre- hensive plan and flood plain management program of that area; (ix) the safety of access to the property in times of flood for ordinary and emergency vehicles; (x) the expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters and the effects of wave action, if applicable, expected the the site;and (xi) the costs of providing governmental services during and 1100 after flood conditions, including maintenance and repair of public utili- ties and facilities such as sewer, gas, electrical, and water systems, and streets and bridges. (5) Upon consideration of the factors of Section 4.4-1(4) and the purposes of this local law, the Zoning Board of Appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this local law. (6) The building inspector shall maintain the records of all appeal actions, including technical information, and report any variances to the Federal Insurance Administration upon request. 4.4-2 CONDITIONS FOR VARIANCES (1) Generally,variances may be issued for new construction and substantial improvements to be erected on a lot of one-half or less in size contiguous to and surrounded by lots with existing structures con- structed below the base flood level, providing items (i -xi) in Section 4.4-1(14) have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases. 14 (2) Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this section. (3) Variances shall not be issued within any designated flood - way if any increase in flood levels during the base flood discharge would result. 4 Variances shall only be issued upon a determination that the variance is the minimym necessary, considering the flood hazard, 4b►' to afford relief. (5) Variances shall only be issued upon: (i) a showing of good and sufficient cause; (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant; and (iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public as identified in Section 4.401(4), or conflict with existing local laws or ordinances. (6) Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. Section 5.0 PROVISIONS FOR FLOOD HAZARD REDUCTION 5.1 GENERAL STANDARDS In all areas of special flood hazards the following standards are required: 5.1-1 ANCHORING (1) All new construction and substantial improvements shall be 1rr anchored to prevent flotation, collapse, or lateral movement of the structure. (2) All mobile homes shall be anchored to resist flotation, collapse, or lateral movement by providing over -the -top and frame ties to grounds anchors. Special requirements shall be that: (i) over -the -top ties be provided at each of the four corners of the mobile home, with two additional ties per side at intermediate locations, with mobile homes less than 50 feet long requiring one additional tie per side; (ii) frame ties be provided at each corner of the home with five additional ties per side at intermediate points, with mobile homes less than 50 feet long requiring four additional ties per side; (iii) all components of the anchoring system be capable of carrying a force of 4,800 pounds; and, (iv) any additions to the mobile home be similarly anchored. 5.1-2 CONSTRUCTION MATERIALS AND METHODS (1) All new construction and substantial improvements shall be con- structed with materials and utility equipment resistant to flood damage. (2) All new construction and substantial improvements shall be con- structed using methods and practices that minimize flood damage. 5.1-3 UTILITIES (1) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system; (2) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters; and (3) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. *44- 5.1-4 SUBDIVISION PROPOSALS (1) All subdivision proposals shall be consistent with the need to minimize flood damage; (2) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage; (3) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and, (4) Base flood elevation data shall be provided for subdivision proposals and other proposed development which contain at least 50 lots or 5 acres (whichever is less). %r 5.2 SPECIFIC STANDARDS In all areas of special flood hazards where base flood elevation data have been provided as set forth in Section 3.2, BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD or in Section 4.3-2, Use of Other Base Flood Data, the following standards are required: 5.2-1 RESIDENTIAL CONSTRUCTION New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to or above base flood elevation. 5.2-2 NONRESIDENTIAL CONSTRUCTION New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated to the level of the base flood elevation; or, together with attendant utility and sanitary facilities, shall: (1) be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water; (2) have structural components capable of resisting hydro -static and hydrodynamic loads and effects of buoyancy; and lir (3) be certified by a registered professional engineer or architect that the standards of this subsection are satisfied. Such certifications shall be provided to the official as set forth in Section 4.3-3(2). 5.2-3 MOBILE HOMES (1) Mobile homes shall be anchored in accordance with Section 5.1-2(2). (2) For new mobile home parks and mobile home subdivisions; for ex- pansions to existing mobile home parks and mobile home subdivisions; for existing mobile home parks and mobile home subdivisions where the repair, reconstruction or improvement of the streets, utilities and pads equals or exceeds 50 percent of the value of the streets, utilities and pads before the repair, reconstruction or improvement has commenced; and for mobile homes not placed in a mobile home park or mobile home subdivision, require that: (i) stands or lots are elevated on compacted fill or on pilings so that the lowest floor of the mobile home will be at or above the base flood level; (ii) adequate surface drainage and access for a hauler are pro- vided; and, (iii) in the instance of elevation pilings, that: - lots are large enough to permit steps, - piling foundations are placed in stable soil no more than ten feet apart, and - reinforcement is provided for pilings more than six feet above the ground level. (3) No mobile home shall be placed in a floodway, except in an existing mobile home park or an existing mobile home subdivision. 5.3 FLOODWAYS Located within areas of special flood hazard established in Section 3.2 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles, and erosion potential, the following provisions apply: (1) Prohibit encroachments, including fill, new construction, sub- stantial improvements, and other development unless a technical evaluation demonstrates that encroachments shall not result in any increase in flood L In (2) If Section 5.3(1) is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Section 5.0 PROVISIONS FOR FLOOD HAZARD REDUCTION. (3) Prohibit the placement of any mobile homes, except in %W an existing mobile park home or existing mobile home subdivision.