LL #10-1987(please Use this Form for Filing your Local Law with the Secretary of State)
Text of law should be given as amended. Do not include matter being
eliminated and do not use italics or underlining to indicate new matter.
Y
of....... 1.aFFa ngex................. _................ ........ _..........................................
Town
Local Law No. ___.Q-»---- --» of the year 19 _.�.Z..
A local law-
tt...a
the Repeal of Local Law #4 of 1979 Entitled Flood
Damage Prevention.
Town Board _ ..._ --- of the
Be it enacted by the _ ._...� ---
Lois_ as follows:
nw of
Town
SECTION 1.0 '
STATUTORY AUTHORIZATION AND PURPOSE
1.0 This Local Law will repeal Local Law #4 of the year
1979 entitled Flood Damage Prevention. �!
1.1�y'JC�
of the TM..m of
=1e Town Board f/or ac'ual
angs that `.he poten-.:,
damage; =L ,.long and e_-osion may be a problem to the residents of
the Town
of and that
such damages may :nciude: des-u�.son or Ioss o private and public
d ing, dwoge to public facilities, both publieally and Privately
owied, and injury to and loss of human 1ife. In order to ,,in;m•.�e the
threat of such d=ages and to achieve the purposes and objectives
bexe;•,Atter set forth, this local law is adopted.
1.2 '-'-T�'T CF PSE
It is the purpose of this local law to pramte the public health,
Vie,, and g�.1e-a1 we,=are, and `.,o minimire pylic and Piva`�e losses
due to flood co:idi`,ions in specific areas by Fr'avi.sims designed to:
(1) regulate uses which are dangerous to heal`,h, safety aid
proms-ty due `•o water or erosion hazards, or which re.�ult in
dffin a=9 increases in erosion or in flood heicits cr
velocities;
(2)_e7a `that uses vulnerable to floods, including facilities
rich serve such uses, be protected against flood damage at
the time of initial construction;
(3) cc-ol
the altera`.im'cf natural floocpla=-':.s, s�e�m
charur�s, ba=etv_.,.e-_s �^ih are involved nato---al =e`„.
in the acc�oda`ion cf flood waters;
(4) control filiing, prang, dredcing and o`her develc-='&-nt
w.'iCh may increase erosion Or flood dasages;
(5) regulate the cons---u--ti
of mood bz^ e_ -s w:zich Will
dives flood war, e -s or Velich may in—ease flood
1=— a -ds to c`.he= lams, Wla;
(6) aLF, ; sy and maintain for participation in the Nat-iaall Flood
7nsurance P_-og -dca.
The objectives of his local law z:e:
(1) to :,Totems h=,an life and heal`.n;
m
(2) +,,,p minimize ze e�dit�e of public money for costly flood
control projects;
(3) to minimize the need for rescue and relief effcr`.s
associated with flooding and gener l'y =Zer-aken at the
e�-sse of the general ;,:alio;
(4) to minimi. a prolonged business ant£"I1I7`.1tSls;
(5) to minimize damage to Public facili+•ies and utilities such
as water and gas mains, electric, telephcne, sewer lines,
streets and bridges located in area of special flood
hazard;
0
60.3(d)
(6) to help maintain a stable tax base by Prm ding for the
ard
sand use and develog�nt of areas of special flood haz
so as to min=' -e fine flood blight areas;
(7) to provide that developers are notified that prop—*':' is in
an area of special flood hazard; and,
(8) to ensure that those who occupy the areas of dial flood
hazard assume responsibility for their actions.
SE;. CN 2.0
DEFIA=CVS
Unless specifically defined below, words or phrases used in this local
law shall be interpreted so as to give thein the meaning they have in
crMWn usage and to give this local law its most reasonable
application.
"A=>. means a request for a review of the Local Administrator'synter�Eetatien of any provision of this Local Law or a request for a
variance.
"Area of Shallow flooding" means a designated AD or VO Zone on a
's Flood In-Surance Rate N.ap (FM) with base flood depths
catmu-r defined channel does not exist,
frau one to three feet where a clearly te, and
where the path of flooding is unpredictable and indete�a
where velocity flow may be evident.
in
"Area of saecial flood haza_'d" the greater Chanin the ce ofin a
canmsnity subject to a one percent per, p,D,
any glued • This area may be designated as Zone A, AE,
Al -0g V, VD, V£, or V1-30. It is also can only referred to as the
S 91base floodplain or 100 -year floodplain.
"Base flood" means the flood having a one percent chance of being.
equalled cr exceeded in any given,year.
"Basemen}" means that portion of a building having its floor subgrade
(below ground level) on all sides.
"Breakawav wall" means a wall that is not pa_'^t of the s`.ru."tu=a1
,, ` of the r,�,; l x� and is intended ',,rough its design and
-specific lateral loading forces without
nuc ion to collapse under portion of the building orthe
Causing damage to the elevated
S'Uppor'ting foundation cyst, m.
"g lr;mac" means aosupport, shelter, or
y ts;lf
enclTosu-e`for occu?ancy or storage.
" y Il
"Cellar" - has -he same meaning as Basemen- .
"Coastal hick hazard area" means the area subject to high velocity
waters inC" . g, but not limited to, hu__icane wave wash. The area
is designated an a F. -.RM as Zone V1 - 30, VE, VD or V.
"Develognent" means any man-made change to improved or unir=- vved real
estate, including but not limited to buildings or other structures,
miring,edging, filling, pang, excavation or oralling operations
located within the area of special flood hazard.
"Elevated bai-lding" means a norui
.-basement blding built to,lhave the
lowest floor elevated above .he groom level by means o=_ fill,
and piers), or
foundation perimeter walls, pilings, columns (po
shear walls. -
"Flcr4" a "Floodsn4" means a cer*xal and ter=ra --v condition of
par lal or caeplete inundation of noanally dry lard areas fran:
(1) the Overflow of inland or tidal waters;
60.3(d)
(2) the unusual and rapid accumulation or runoff of surface
waters tram any source.
"ri ood Boundary and Flciodway Map means an official map of the
Ccssmun=tY Pel 'ed by the FeGeral Emergency Management Agency as Part
c�aanity's Flood Insurance Study. The FBF14 delineates
-. a�atozy FU%xo way along water courses studied in detail in the
Flood Insurance Stsady-
"Flood Hazard Beundary Map means an official map of a
carsnunity, issued by the Feaeral F�nergenc_' Management Agency, where
the boundaries of the areas of special flood hazard have been defined
but no water surface elevation is provided.
"Flood Insurance Rate Map deria'i)" means image official
Agency has
..,, on which the Federal Emergency
dpi heated both the areas of special flood hazard and the risY, premllIIn
zones applicable to the cannunity-
"Flood Insurance Study" is the official report provided by the Federal
IInergenF, !".anagenent Agency. The report contains flood profiles, as
well as the Flood Boundary F100dway Map and the water surface
elevations of the base flood.
"Flood rroofina" means any combination of structural and
non-structural 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.
"Flnodwav" - has the same meaning as "Regulatory Floodway".
"Floor" means the top surface of an enclosed area in a building
(including basement), i.e., top of slab in concrete slab const-uction
or top of wood flooring in wood !V= construct -ion.
"Functionally dependent use" means a use which cannot pe_=-forn its
intended purpose unless it is located or ca_•-ried out in close
pr-�cimity to water, such as a docking = port facility necessary fo=
the loading aril unloading of cargo or passenge_"s, shiabuilding, and
snip rept x. The tern does not include long -lean storage,
manufac-- e, sales, or sem-vice facilities.
-H, chest ad'iacent trade" means the highest natural elm'a}.ion cf the
g=Ound sur=ace, p-Hcr to cons -,ruction, next to the p--=. sed walls of a
structure.
" r� ,-" lowest level including basement or ce11= of the
7Awest _ _oo_ means
f' ed or flood resistant enclosure,
lowest enclosed area. An unfinished
usable solely for parking o- vehicles, building access, or sto_�-ags in
an area other than a basement is not considered a building's lcxaesih
floor: provided, that such enclosure is not built so as to render the
structure in viela+.ion of the applicable non -elevation design
requirements of this Local Law.
"Manufactured home" means a structure, transportable in one or more
sections, which is built on a permanent chassis and designed to be
used with or without a pe=nanent foundation wh k connecctetralersto the
vel
required utilities. The tern also include.. par
�n;ie_'-s, and similar �anspor`•able s-...ructures placed on a site t.
180 consecutive days or longer and intended to be irflroved prop
"Mean eea Level" means, for purposes of the National Flood insurance
pg-cx rzm, `,.:he Nat=coral Geodetic vertical- flatus (NGS1D) of 192s ori
datum, to which base flood elevations shown on a dormitY
Fl
Insurance Rate Map are referenced.
"Mobile hone" - has the same meaning as "Manufactured home".
60.3(d)
"National Gee-detic
vertical Datum(N=) " as corrected in 1929 is a
cont-01used as a reference for establishing varying
elevations within the flood plain.
.—„construction” means structures for which the "start of
o on aoanenCed on or after the effective date of this local
the
•�prir�y lv Above Ground" means that at least 5' os above
cash value he of tstructure, excluding 1�
ground.
as "Base Flood."
"100 -year Flood" has the same meaning
"Reoulatory Floodwav" means the channel of a river or Other
�,,atercourse and the adjacent land areas that must be reserved in order
to discharge the base flood without cumulatively
in,••reasing the water
surface elevation more than a designated height as dete.- ned by the
Federal mye gency Management Agency in a Flood Insurance Study Or by
other agencies as provided in Section 4.3-2 of this Law.
"Sand dunes" means naturally occurring acc=alations of sand in ridges
or men nds landward of the beach.
"Start of const-uction" means the initiation, excluding planning and
design, of any phase of a project, physical alteration of the
property, and shall include land preparation, such as clearing,
grading, and filling; installation O4. streets and/or walkways;
excavation for a basement, footings, piers, or foundations or the
erection of tempora_ -y foams. It also includes the placement� Sh/or
ods),
installa}.ion on the property of accessory b�.ildings (g g
storage trailers, and building materials. For manufactured hones the
"actual start" means affixing of the manufactured home to its
permanent site.
"Structure -
S ure" means a walled and roofed building, a manufactured home,
or a gas or liquid storage tank, that is principally above ground.
"Substantial i=rovement" ms's any repair, reconstruction, or
=provement of a structure, the cost Of which equals or exceeds 50
percent of the market value of the sty r_ uc'cu a ether:
(1) before the inq=menent. or repair is started; Or
(2) if the structure has been damaged and is being restored,
before the damage occurred.
t" ,
For the purposes of this definition "substantial imp..-ovemen� .s
considered to commence when the first alteraticm of any wall, ceiling,
commences , whether or
floor or other stsuctura_ pa_..,. of the building
not that alteration a_st=ects the external dimensions of the st u,^ture.
'The tear does not, however, include either:
(1) any project for movement of a structti re to comply with
existing state or -1 loc biking, f'=e, hezlth, sarita-y, or
safety code saecificatIOns which are solely necessary to
assure safe living conditions; Or
(2) any alteration of a structure or contributing structure
listed an the National Register Of historic Places or a
State Inventory of historic Places.
"ya_-fiance" means a grant of relief from the requirements of this local
law ,Mch permits cor»s'�-"uc"sce or use :n a ye= that. would otherwise
be prohibited by this local law.
J
F!
60.3 (d)
SE C=CN 3.0
Gam, PROVIS MS
3.1 LANA To WFaCH =5 I=L LAW APPLIES
psis local law shall apply to all areas of special flood
hazards within the jurisdiction of the Town of Wappinaer_
3.2 BASIS FOR ESTAffiSSKM THE AM* OF SPECIAL FL= HAZJ' D
r The areas of special flood hazard identified by the Federal
Emergency Management Agency in a scientific .and engineexing
report entitled
The Flood Insurance Study for the
P
Town of Wappinaer , of Dutc ss
County, New York", dated Jure 15 1979 , with
accompanying Flood Insurance Rate Maps and Flood Boundary-
Flood�ray Maps is he
this
add and declared to be a pa_�-t of
this Local Law. The Flood Insurance Study
and maps are on file
at Town Clerk's Office Town Hall 20 Middiebu-sh Road.
3.3 nami TA'rTON, WNFLICT WZZH "" "AwS
This Local Law is adopted in response to revisions to the
National Flood Insurance program effective October 1, 3,986 and
shall supercede all previous laws adopted for the purpose of
es`,.ablishing and mains. riming elig--'' il.ity for flood insurance.
In their interpretation and application, the provisio^s of this
local law shall be held to be mini requirements, adopted fol-
the
orthe promotion of the public health, safety, and welfare.
tlenever the recuirenents of this local law are at variance
W1th the requirements of any other lawfully adopted rules,
regulations, or ordinances, the Dost restrictive, or that
inposing the higher standards, shall govern'
3.4
The invalidity of any section o< ProtiSion of this local law
shall not =validate any other section or prov_sion thereof.
3.5 pENALTT..£S FOR NON-C3V==E
No stsuc--ure shall hereafter be constructed, located, emended,
cossverted, or altered and no land shall be excavated or filled
without full compliance with the tP`TG of this Local Lasa and
any other applicable reculati=. Any infraction of the
p__Mlsions of this Local Law by failure to Cordy w_,h any of
its requirements, including infractions of conditions and
Safeguards established in connection with candi`�-ionsof the
per, -mi= shall const,_itut�e a violation. Any Person who violates
this Local 1. or fails to cc= -71y with any cf its requirement's
shall, u= conviction thereof, be fined no sore than 5250 or
iazr_-%soned for not sore than 15 days or bo`.h. Each day of
noncompliance shall be considered a separate offense. No--'iag
herein Contained shall prevent the Town of Wappinaer
fon taking such other lawful action as necessary to Preven- or
remedy an infraction. Any structure found not comPlian6 with
the requirements Of this Local Law for t"nich the developer
and/or owner has not applied for and received an a=rc"ed
variance under Section 6.0 will be declared noncamaliant and
notification sent to the Federal rmeraency N.anagenent Agency. .
3.6 w= --1G AMID DISCIA. MM OF I.IABM ITY
The decree of flood Protection required by this local law is
considered reasonable for regulatory Purposes and is based on
4.1
60.3 (d)
scientific and engineering considerations. Larger floods can
and will occur on rare occasions. Flood heights may be
y Aal law does
sed by man-made man-made natural causes. This lflOOd hazards
not imply that and outside the area of spec
ial 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, ederal Dwxgency managment Agency,
for any flood damages that result from reliance on this local
law or any administrative decision lawfully made thereunder.
SE=ON 4.0
A='IS'I'RATTON
DESIGNhTICN OF THE MML AD*Dr'ISTRAMR
The Building Inspector is hereby appointed local
a s.*i ni et-r$tor t0 ad ,,, n, sten and implement this local law by
granting or denying development peaait applications in
accordance with its provisions.
4.2 ESMM �a ''T OF DEVEL PY-17-C PMLIT
A Develop t Permit shall be obtained before the s"•.a-t of
construc`.ion or any other development within the area of
special flood hazard as established in Sec` -ion 3.2.
Am
lication for a Development Permit shall be made on foams
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
4.2-1 AP7.rCATICN STAB
The following infoanation is required where applicable:
(a) elevation in relation to mean see leve of t e
proposed lowest floor (including
or
cellar) of all structures;
(b) elevation in relation to mean sea level to which
anv non- residential st.=uc=-'e wl-11 be
(c) when required a certificate =--aa a licensed
professional engineer or a-•chitect that the utility
floodproofing will meet the criteria in Section
5.1-3 (1) ;
(d) ce-tificate from a licensed professional engineer
or ax-chitect that the nor. -residential flmd-p-roofed
s`ucture will meet the flood-PI*vofing =it..e_r-a in
Section 5.2; and
(e) description of the extent to wzi.ch any watercourse
will be altered or relocated as a result of
proposed development.
4.2-2 CSTPI3CN ATF'. i
Upon placm-ent of the lowest floor, or flood -proofing by
whatever mems, it shall be the duty of the pezmit holder
to submit to the Local Aaministrator a a-`�'ificate of the
elevation of the lowest floor, or flood -proofed elevation,
in relation to mean sea level. The elevation certificate
shat be prepared by or under the direct supe.. -vision of a
licensed land surveyor or professional engineer and
r
4
60.3 (d)
cert,51ed by same. When flood -proof, is utilized for a
pear building. The floodproofang certificate shall
be prepared by or under the direct supervision of a
li.cersed professional engineer or architect and certified
by same. Any further work undertaken prior to submission
and approval of the certification shall be at the permit
holder's risk. The Local Acm;ni.strator shall review all
data submitted. Deficiencies detected shall be cause to
issue a stop -work order for the project unless immediately
corrected.
4.3 M IFS AMID RE.SPCNS::BIITTTgS OF = IDC AL AD-' IM7--MATOR
Duties of the Local Ani trator shall include, but not be
limited to:
4.3-1 PEERNI T APPLICATION REVIEW
(1) Review all development permit applications to determine
that the requirements of this local lair have been
satisfied.
(2) Review all development permit applications to
determine that all necessary perau.ts have been
obtained from those Federal, State or local
gove.-z nen}..al agencies from which prior approval is
required.
(3). Review all development permit applications too
detemnine the proposed development adversely
affects the area of special flood hazard. For the
purposes of this local law, "adversely affects"
means physical damage to �j=c�r�°o rimes.
An engineering
applicant for this purpose.
(i) If there is no adverse effect, then the permit
shall be granted consistent vith the provisions of
this local law.
(ii) If '.here is an adverse effect, then flood dEnP.ce.
mi: --kation measures s.'-albe made a condition of
the pe_ -mit.
(4) Review all development permits for c=liance with
the provisions of Section 5.1-5, Encroachments -
B; B FLOOD AND FZ' DAM
then base flood elevation data han not been provided
accordance with Seim 3.2, BASIS FOP ESTA3r:�TID�� 2r
APS Cr_IPS. M= F�ZtM, the Local Acmir st=ator shall
obtain, re- ew and reasonably u4,ilize any base flood
elevation and floodway data available f=an a Feder 1, State
or other source, including data developed pursuant to
Sec -.ion 5.1-4(4) in order to admiriste= Section 5.2,
SPEvIF'IC STAmAiMS and Section 5.3 FIDODWA:S.
4:3-3 n0ORMA'TTIM TO BE OBTA1NM AICD MAIICMCID
(1) Obtain and record the actual elevation, in relation
ot
mean sea level, of the lowest floor, including
or cellar of all new or substantially im?ro>ved
s-uctures, and whether or not }.,he s'`*ucture contains a
basement or cellar.
(2) For all new or substantially improved floodpr'oofed
structures:
(i) obtain and record the actual elevation, in
relation to mean sea level, to which the structure
has been floodproofed; and
60.3 (d)
(ii) maintain the floodproofing certifications required
in Sections 5.1 and 5.2.
(3) Maintain for public inspection all records pertaining
to the provisions of this local law including variances
when granted and Certificates of Compliance.
- - 4.3-4 ALTER;MON OF W1MMCOUR.SES
(1) notify adjacent =mwnities and the New York State
Depa -trent of Environmental Conservation prior to any
alteration or relocation of a watercourse, and submit
evidence of such notification to theRegional Director,
Federal Emergency Management Agency, Region II, 26
Federal Plaza, New York, NY 10276.
(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 Ih=TRE=CK OF FIRM BOUAIDARIES
The Local Administrator shall have the authority to make
interpretations when there appears to be a conflict between
the limits of the federally identified area of special flood
hazard and actual field conditions.
Base flood elevation data established p�'-suant to Section
3.2 and/or Section 4.3-2, when available, shall be used to
accurately delineate the area of special flood hazards.
The Focal Administrator shall use flood irfo=ztion frau any
other authorita`--ve source, including historical data, to
establish the limits of the area of special flood hazards
when base flood elevations are not available.
4.3-6 STOP WORK ORDERS
(1) Ail floodplain development found ongoing without an
approved pe=+. shall be s-biec-t `.he issuance of a
stop work cider by the Local A � _^i s`=a`^r. DiEre casd
of a stop work Orcer shall be stbject to the penalties
described in Sec' -ion 3.5 of this Local Law.
(2) All flooe plain deVelo?nen`- found ncncc rpl ant with the
provisions rd the law and/or the conditions of the
approved pent sha31 be subject to the issuance of a
stop work order by the Local- P.dMdn'Ls =d -tor• Disrecard
of a stop work order shall be subject to the penalties
described in Secat on 3.5 of this Local Law.
4.3-7 n,'—ChS
he Local Ad dnistsa`..or and/or the developer's a^.cineer or
-rchitec shall make periodic inspections at aparopria`�e
times throughout the period of cors-.ruc`..ion in order to
monitor compliance with pe"mit conditions and enable said
Ir Spector to cez-afy that the develr Anent is in cona�liance
with the requirements of either the Development Permit or
the approved variance.
4.3-8 CSp.�=ICA= OF COM -v Z.P-" :✓
(1) It shall be unlawful to use or occay or to permit the
use or occupancy of any building cr_ premises, or both,
or part thereof hereafter created, erected, changod,
cone -ted or wholly or partly a1+,.ered or enlarged in
its use or structure =#_a a Cc- ificate of Compliance
has been issued by the Local Aftini--strator stating that
the building -cL-. land corfeams to the requirements of
chis Local Law.
F
60.3 (d)
(2) All other developuent occurring within the designated
flood hazard area will have upon completion a Certifi.-
cate of Canpliance issued by the Local Administrator.
- All certifications shall be based upon the inspections
- conducted subject to Section 4.3-7 arid/ or any certified
elevations, hydraulic infoaaationI floodproofing, anchoring
regnirments or encroachmnt analysis which may have been
required as a condition of the approved Permit.
SECPICN 5.0
PR=SIONS FOR FLOOD HAZAIm F==ON
5.1 GEtMML SZVMARDS
In all areas of special flood hazards the follow=g standards
are required:
5.1-1 ANCHDRING
(1) All new construction and substantial improvements shall
be anchored to prevent flotation, collapse, or lateral
movement of the strac=e.
(2) All manufactured homes shall be installed using methods
and practices which minimize flood damage. Manufac-
tured hones must be elevated and anchored to resist
flotation, collapse, or lateral novenent. Manufactured
hones shall be elevated to or above the base flood
elevation or 2 feet above the highest adjacent grade
when no base flood elevation has been determined.
Methods of anchoring may include, but are not to be
limited to, use of over-the-tcp or frame ties to ground
anchors. This reeuirement is in addi`.ion to applicable
State and local anchoring reouirenents for resisting
wind forces.
5.1-2 ax%,STKJC"ION MAZERIAL5 AIM NST MS
(1) All new construction and substan+ial iprovement-a shall
be const= ted with materials and u}= � - ty ec;=7nent
resistant to flood damagre.
(2) All new construction and substantial ir,^rovemen"rs shall
be constructed using methods and practices that
minimize flood damage.
(1) Elec--ical, heating, ventilation, plumbing, air
conditioning eq%;ipnrnt, and other se_-zfice facilities
shall be designed and/or located so as to prevent, water
f_ -an tntering or acc=ilating within the corponen'.s
during conditions of flooding. igen designed --0--
location
orlocate.ion below the base flood elevation, a professional
engineer's or architect's coxtification is required;
(2) All new and replacement water supply systems shall be
desicned to minimize or eliminate infiltration of flood
wate-s into the system;
(3) New and replacement sanitary sewage systems sh?„ be
infiltration r flood
designed to mLnimize ar eliminate in_ilt a ion o�
waters; and,
(4) On-site waste disposal systems shall be located to
avoid imna rnwnt to then or contamination frau them
during flooding.
4W..
60.3 (d)
5.1-4 S[MI=C N PFDPOSASS
(1) All subdivision proposals shall be consistent with the
need to minimize floed damage;
(2) All subdivision Proposals shall have public utilities
and facilities such as sewerr gage 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 developments
(including proposals for manufactured home parrs and
subdivisions) greater than either 50 lots or 5 acres.
(1) All proposed development in riverine situations where
no flood elevation data is available (unnumbered A
Zones) shall be analyzed to deter -mine the effects on
the flood carrying capacity of the area of special
I
lood hazards set forth in section 4.3-1(3), Permit
Review. Zhis may require the sutmission of additional
technical data to assist in the determination.
(2) In all areas of special flood hazard in which base
flood elevation data is available pursuant to Section -
4.3 -2 or Section 5.1-4(4) and no.floodway has been
determined the cumulative effects of any proposed
development, when ccmbined with all other existing and
anticipated development, shall not increase the water
sur -face elevation of the base flood more than one fmt
at any point. _
(3) in all areas of the special flood hazard where floocway
data is provided or available persua-it to Section 4.3-2
the :requirements of Section 5.3, Floodways,► shall
apply.
-
5.2 SPET..F'IC STANDAMS
n all areas of special flood haza--ts whe_re base flood elevation
da,--- has been provided as set forth in Section 3.2 WSIS FOR
r„cMriTTSEIM MM Am
AS OF SP...z =Ai PZAOD i ,ZARDS and Section
4.3-2, II= CE O= BASF. T-7= DP.TA, the following standards are
recuired:
5.2-1 IESIDE":IAL COhSTRDCTIC N
New construction and subst..artial improvements of any
resident strucK:-e shah:
(1) have the lowest floor, including basement or cellar,
elevated to or above the base flood elevation;
(2) have fully enclosed areas below the lowest floor that
are subject to flooding designed to automatically,
ecuali-e hydrostatic flood forces on exterior walls by
allowing for the en -try and exit of floodwaters.
Designs for meeting `this recrairernent must either be
certified by a licensed professional engineer or
architect or meet or exceed the following minim=
criteria:
(i) a minim= 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;
P�
60.3 (d)
(ii) the bttom of all such openings shall be no higher
than one foot above the lowest adjacent finished
grade; and
(iii) openings may be egtupped with louvers, valves,
screens or other coverings or devices provided
_ they permit the automatic entry and exit of
floodwaters.
CMMTN CN
New construction and substantial improvements of any
cmrarci.al, industrial or other non-residential structure,
together with attendant utility and sanitary facilities,
shall either: have the lowest floor, including basement or
cellar, elevated to or above the base flood elevation; or be
floodproofed so that the structure is watertight below the
rm
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 hydro-
static and hydrodynamic loads and the effects of buoyancy.
(1) If the structure is to be elevated, fully enclosed
areas below the base flood elevation shall be designed
to automatically (without human intervention) allow for
the entry and exit of floodwaters for the purpose of
equalising hydrostatic flood forces on exterior wal s.
Designs for meeting this requirement must either re-
certified by a licensed Professional engineer or e
licensed architect or meet the following =iteria:
(i) 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;
(ii) the bottom of all such openings shall be no higher
than one foot above the lowest adjacent finished
grade; and -
(ia)Openings may be equipped with louvers, valves,
s ea^.s or other coverings or devices Provided
they permit the automatic entry and exit of
floodwaters.
(2) If the structi--e is to be floodprocfed:
(i.) a licensed Professional engineer or architect
shall develop and/or review sttruc =al design,
specifications, and plans for the cons � u.--��ion,
and shall certify that the design and methods o`
construction are in accordance with accepted
standards of practice to make the sem.=ucture
watertight with walls substantially y ==e=meable to
the passage of water, with styruc~z:ral cazrxments
having the capability of resisting hy-''-ostatic and
hycrodynamic loads and effects of buoyant'; and
(ii) a licensed professional engineer or licensed lam
survevof`.shall certify the specific elevation (in
relation to mean sea level) to which the structure
is floodproofed.
The Local P.d<ministrator shall maintain on record a copy of
all such certificates noted in tris section.
5�2-3 CONSTR=cN smumAms FOR AREAS OF SPE=AL FLCOD "Is
V,=OTJT BPS FLOM =i.E<7A2 M
New construction ar substantial improvements of structures
including manufactured hares shall have the lowest floor
60.3(d)
including basement elevated to or above the base flood
elevation as may be deteaained in Section 4.3-(2) or 2 feet
above the highest adjacent cgade where no elevation data is
available.
- (1) New construction or substantial improvements of
structures including manufactured hares shall have the
_ _.. lowest floor (including basement) elevated at least 2
feet above the highest adjacent grade next to the
proposed foundation of the structure.
(2) Flully enclosed areas below the lowest floor that are
subject to flooding shall be designed to automatically
(without human intervention) allow for the entry and
exit of floodwaters for the purpose of equalizing
hydrostatic flood farces on exterior walls. Designs
for meeting this requirement must either be certified
by a licensed professional enc^...neer or a licensed
architect or meet the following criteria:
(i) 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;
(ii) the bottom of all such openings shall be no higher
than one foot above the lowest adjacent finished
grade;
(iii)cpenings may be equipped «ith louvers, valves,
screens or other coverings - or openings provided
they peanit the automatic entry and exit of
floodwaters.
5.3 FTj =V, -'S
Located within areas of special flood hazard are areas designated
as floodways (see definition, Section 2.0). The floodway is an
ex—.errely hazardous area due to high velocity flood waters
ca^ying debris and posing additional threats from potential
erosion forces. When floodway data is available for a particular
site as provided by Section 3.2 and Section 4.3-2, all
enc oachm►entsincluding fill, new cOns tL-Motion, subs tantlal
imp:ovenents, and other development are prohibited within the
limits of the floodway unless a technical evaluation demons trates
that such enc rAachments shall not result in any increase in flood
levels during the occurance of the base flood discharge.
VARZPl3= PF<O=)M=-
6.1 APPEA'.S BOARD
(1) The 7.nni ng Ro rf9 QF Ap„P i.�=_ as established by
tbP Tnwr nF [r;p;ni nQer stip"_? hear and decide
appeals and requests for var-Aances tram the requirements
of this local law.
(2) The Zoning Board of Appeals shall heat and decide
appeals when it is alleged there is an error in any
requirement, decision, or dete=^n:nation made by the
Local A,-,=Istratcr in the enforcement or acru,istration
of this local law.
(3) Those aggrieved by the decision of the Zoning Board of ►Appeals
may appeal such decision to the suprm a Court pursuant to
A -bole 78 of the Civil Practice Law and Rules.
(4) In passing upon such agplicaticns, the Zonincr Board of ,Appeals
small consider all technical evaluations, al- relevant.
F�
FJ
s
•
60.3(d)
factors,
standards specified in other sect'.ons of this local
law and:
the danger that. materials may be swept onto other
=-
lands to the iniury of others;
the danger to life and property due to flooding or
erosion damage;
{iii)
its
the suscep�,.ibility of the proposed tacslsty and its
flood damage and the effect of such
_
contents to
damage on the individual owner;
(iv)
the importance of the sezviceS provided by the
proposed facility to the ccMIni`-y;
(v)
the necessity to the facility of a waterfront
location, where applicable;
(vi)
the availability of alternative locations for the
use which are not subiect to flooding or
proposed
erosion damage;
(vii)
the cmpatibility of the proposed use with exi-sting
and anticipated development;
(viii) the relationship of the proposed use to the
comprehensive plan and flood plain management program
of that area;
(i.Y) the safety of access to the prcpe_-ty in times of
flood for ordinary and emergency vehicles;
(X) the costs to local aovenm-entsand the
_edangersscue erasions
associated with conductingsearch and
during periods Of flooding;
(xi) the expected heights, velocity, duration, rate of rise,
and sediment transport of the floodwaters and the
if aap
effects of wave action, , ,(cable, expected at the
site; and
(xii) the costs of providing Bove-T�nen services during
and after flood conditions, inclu ing search and
rescue operations, maintenance and reDalr of public
utilities and facilities such as sewer, gas,
ele Tical, and water systems and s t-reets and
bridges.
(5) Urn consideration of the factors of Sec.ion 6.1(4) and the
pL-poses of this local law, the7on� na Bo�Yd Aane�l9'ay
at`�ach such conditions to the granting of vz:�ances as it
deems necessary to further the Purposes of this local law.
(6) The local A&r n; sty: ator shall maintzin the records Of all
azoeal action s including technical infoanation and report
ariy variances to the Federal Emergency N.anagw ert Agency
upon request.
6.2 . CONDIMMICNIS FOR VARIANCES
(1) Gene -ally, variances may be issued for new const-uct'on
and substantial ==ovements to be erected on a lot of
oae-half acre or less in sice contiguous to and surrounded
by -lots with existing structures const=acted below the
base flood level, providing items (i-)r1i) in Section 6.1(4)
have been fully considered. As the lot size incenses
beyond the one-half sere, the technical justification
j required for issuing the vaziance increases.
(2) Variances may be issued for the reconstruction, rehabili-
tation or restoration of s-ructures and contributing
60.3(d)
-_ - Places or the State lrm=ry of.Histora,c Places, without
rexra.-d to the eontsibuting procedures set forth
- -- - - - - remainder of this section._ ._
in the -- - - - - .
..... _._ . _. a ecrosamity for
new co w==ticn
VariarIces may be issued by
-- and substaa`-tii ts and for other development
use
_y for the conduct of a func'1Y �P
-- __
_ _.�.� provided that• .
(i) the criteria of subparagraphs 1, 4,_5, and 6 of this
section are met;
(1 s _) the uctai a or other development is p<otec}. ed by
methods that minimize flood damages during the base
flood and create no adaw..ional threat to pub=ic safety.
(4) Va=iances shall not be issued w; 'lin any designated 'l0614a"'
any increase in flood levels du_— ng the base flood
disc=ge would result.
(5) Va�--fiances shall only be issued L_on a detesation that `..be
v ----fiance is the mir== necessa_�y, conside-"isxJ the flood
hazard, to afford relief.
(6) Va-ian_ces shall only be issued %.,=m receiving w-itten
jus`..fication:
(i) a showing of good and sufficien cause;
a date_ na`.ion `.hat fa: li-e }• o c: a^.t `• he va_-ia*�ce
would result in excer ic�1 ha_s^..p to the
==lican t; and
a de+.-• =nation -that -.iie caz:`.yng of a v� iance N --_-U
not result :n .n= eEsed =food het _ • � tic
thzeats to p:bllc safety, .�•�a•^•'�._:Src-� .
ems. wse, cease zn:isan.^es, _ -I- exist-ing
z ic`.�za`-ion of the =bl= c: q..-
l-j„t
local laws a= ordjne-nces.
(7) Anyl + A:10A a va::ance is can`.. fc= a bs:� � c -�:
�.�ta the lowest floc below tae basee flocd ele�*a-iaz s:-,�ll
be given �,�it'.�s, nctice '-.hat `.he cyst c: flood insL•-wce
be ^.s=ate w:t'i theia.~easCd risk resti:l`.-^•g
�.� lower- : oc eleva:.icn.
s 6th day of Auril 19 8?� the
Be : pTACe;: of
of `fie Tow^ ot�_ y�-fir' -,aer
Town Boarfi
�.�.� .. ?,Mee
3 -,''ten _ -„ ; �. Y-cscribed by Municipal Home Rule Law.
Cnunc; jma•
C c+ nom; lmPn DPI); Re, e
(,est 1WQM2n T„ne a-
01
Geo^�1
Pat