2011-11-16
1.
New York State Department of Environmental Conservation
Division of Water
Bureau of Flood Protection and Dam Safety, 4th Floor
625 Broadway, Albany, New York 12233-3504
Phone: (518) 402-8185 . FAX: (518) 402-9029
Website: www.dec.nV.qov
~
....,
~
Joe Martens
Commissioner
November 16, 2011
. fPd~CG~a~[e[O)
-
Ms. Barbara A. Gutzler
Supervisor
Town of Wappinger
20 Middlebush Road
Wappingers Falls, NY 12590
NOV 1 8 ZOB
TOWN OF WAPPINGER
TOWN CLERK
,
Re: National Flood Insurance Program Flood Insurance Rate Maps for Dutchess County
Dear Ms. Gutzler:
This is in reference to the Town of Wappinger's participation in the National Flood Insurance Program
(NFIP). As state coordinating agency for the National Flood Insurance Program, we want to ensure that the
Town of Wappinger maintains continued program eligibility.
The new Flood Insurance Study and Flood Insurance Rate Maps establishing 100 year base flood elevations
for the Town of Wappinger have recently been completed by the Federal Emergency Management Agency
(FEMA). (See enclosure.) To maintain eligibility in the NFIP it is necessary that the Town of Wappinger
adopts the new Flood Insurance Study and Flood Insurance Rate Maps into the community's floodplain
management regulations to meet the standards of Section 60.3(d) of the program regulations by May 2,2012.
Failure to enact required regulations and have them reviewed and approved by the New York State
Department of Environmental Conservation and by FEMA by this date will result in program
suspension thereby prohibiting residents from purchasing or renewing flood insurance policies. In
order to meet this deadline, the final local law must be passed and submitted to this department for review by
April 2, 2012, along with the New York State Department of State filing forms. A copy of the NYS
Department of State's local law filing acknowledgment letter must also be forward at a later date when it is
received.
If FEMA does not have an approved local law one month prior to the map's effective date, your
community will receive a letter from FEMA indicating that your community is eligible for suspension
from the NFIP, which will occur on the map's effective date.
All local laws must be reviewed by this office prior to approval by FEMA. We must be provided with
sufficient time to complete the review process. In order to avoid any possibility of program suspension,
please submit a draft local law for review by February 2, 2012, so that we may review the local law for any
deficiencies and to ensure that your local law meets all necessary NFIP requirements. Please allow 2 to 3
weeks for us to review your local law. Once we have reviewed the local law, we will inform you of our
findings.
We have reviewed the local floodplain management regulations adopted by your community in your Flood
Damage Prevention local law (Local Law No.6 of 1995). As a result of this review and the changes required
2.
by the new flood insurance study and maps and given the recent changes to the New York State Building and
Residential Codes, we strongly recommend replacement of existing floodplain management regulations
by repealing your existing Local Law and enacting the enclosed new model local law. The enclosed
model has been updated to include federal and state program changes made since the adoption of your
existing regulations. Upon request, an electronic copy may be e-mailed to you for your use.
Please complete the enclosed model local law per the instructions; Section 3.2 of the model local law has
already been completed to correctly reference the revised Flood Insurance Rate Map panel(s). However, in
Section 3.2 please insert the location of the' office where the Flood Insurance Study and map panels are
on fIle for public access.
Please note that the new maps may be enforced as soon as your new local law is effective. You will receive
final maps at least two months before the map's effective date. Prior to that date, the Preliminary Maps may
be used for enforcement purposes once th~ lpcallaw has been passed.
"
The model local ~w'reflects DlinimuI,UiNFIP regulatory standards. We have also provided optional measures
that your community may Wish to take to'tIicrease your resistance to flood damages. Furthermore, FEMA has
a program called the Community Rating System (CRS) that provides discounts to all flood insurance policy
holders in a community that goes beyond the minimum NFIP requirements for floodplain management. For
more information on how to apply for the CRS, contact this office.
Should you have questions concerning adoption of this regulation or any of the included requirements, do not
hesitate to contact us at the above number. Please ask for Dondi Saltsman.
Sincerely,
tv:U~.s 11e.Jt.---
0'
William S. Nechamen, CFM
Chief, Floodplain Management Section
Enclosures:
FEMA Letter containing fmal map information.
NYS DEC Local Law for Flood Damage Prevention and Instructions
Optional Additional Language
cc: Municipal Clerk
cc w/o enclosures:
Municipal Attorney
Community Floodplain Administrator
Mark Lewis, NYS DEC, Region 3, New Paltz
Patricia Griggs, FEMA, Region III, New York City
[R1~CC~~~~[Q)
V'
NOV 1 8 2011
TOWN OF WAPPINGER
Federal Emergency Ma age~iJA:ge~
Washington, D.C. 20472
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
IN REPLY REFER TO:
19P-N
[___'__d:~~J ~~~;-j;;--- --'1
t !
I NOV--7?". .
L~~~~~~u~i'F~J
November 2,2011
The Honorable Barbara A. Gutzler
Wappinger Town Supervisor
20 Middlebush Road
Wappingers Falls, New York 12590
Community: Town of Wappinger,
Dutchess County,
New York
Community No.: 361387
Map Panels Affected: See enclosed Listing of
Communities table
Dear Ms. Gutzler:
This is to formally notify you of the final flood hazard determination for your community in compliance
with Title 44, Chapter I, Part 67, Code of Federal Regulations. On September 22, 1999, the Department of
Homeland Security's Federal Emergency Management Agency (FEMA) issued a Flood Insurance Rate
Map (FIRM) that identified the Special Flood Hazard Areas (SFRAs) the areas subject to inundation by
the base (l-percent-annual-chance) flood in the Town of Wappinger. Recently, FEMA completed a re-
evaluation of flood hazards in your community. On August 22, 2008, FEMA provided you with
Preliminary copies of the Flood Insurance Study (FIS) report and FIRM that identify existing flood hazards
in your community.
FEMA has addressed all comments received on the Preliminary copies of the PIS report and FIRM.
Accordingly, the FIS report and FIRM for your community will become effective on May 2,2012. Before
the effective date, FEMA will send you final printed copies of the FIS report and FIRM.
Because the FIS for your community has been completed, certain additional requirements must be met
under Section 1361 of the National Flood Insurance Act of 1968, as amended, within 6 months from the
date of this letter. Prior to May 2, 2012, your community is required, as a condition of continued eligibility
in the National Flood Insurance Program (NFIP), to adopt or show evidence of adoption of floodplain
management regulations that meet the standards of Paragraph 60.3(d) of the NFIP regulations (44 CPR 59,
etc.). These standards are the minimum requirements and do not supersede any State or local requirements
of a more stringent nature.
It must be emphasized that all the standards specified in Paragraph 60.3(d) of the NFIP regulations must be
enacted in a legally enforceable document. This includes adoption of the current effective FIS report and
FIRM to which the regulations apply and the other modifications made by this map revision. Some of the
standards should already have been enacted by your community in order to establish eligibility in the
NFIP. Any additional requirements can be met by taking one of the following actions:
1. Amending existing regulations to incorporate any additional requirements of Paragraph 60.3( d);
2. Adopting all the standards of Paragraph 60.3(d) into one new, comprehensive set of regulations; or
3. Showing evidence that regulations have pr~viously been adopted that meet or exceed the minimum
requirements of Paragraph 60.3(d).
.; ..
, ,; ;; l~
2
Communities that fail to enact the necessary floodplain management regulations will be suspended from
participation in the NFIP and subject to the prohibitions contained in Section 202(a) of the Flood Disaster
Protection Act of 1973 as amended.
In addition to your community using the FIS report and FIRM to manage development in the floodplain,
FEMA will use the FIS report to establish appropriate flood insurance rates. On the effective date of the
revised FIRM, actuarial rates for flood insurance will be charged for all new structures and substantial
improvements to existing structures located in the identified SFHAs. These rates may be higher if
structures are not built in compliance with the floodplain management standards of the NFIP. The
actuarial flood insurance rates increase as the lowest elevations (including basement) of new structures
decrease in relation to the Base Flood Elevations established for your community. This is an important
consideration for new construction because building at a higher elevation can greatly reduce the cost of
flood insurance.
To assist your community in maintaining the FIRM, we have enclosed a Summary of Map Actions (SOMA)
to document previous Letter of Map Change (LOMC) actions (i.e., Letters of Map Amendment [LOMAs],
Letters of Map Revision [LOMRs]) that will be superseded when the revised FIRM panels referenced above
become effective. Information on LOMCs is presented in the following four categories: (1) LOMCs for
which results have been included on the revised FIRM panels; (2) LOMCs for which results could not be
shown on the revised FIRM panels because of scale limitations or because the LOMC issued had
determined that the lots or structures involved were outside the SFHA as shown on the FIRM; (3) LOMCs
for which results have not been included on the revised FIRM panels because the flood hazard information
on which the original determinations were based is being superseded by new flood hazard information; and
(4) LOMCs issued for multiple lots or structures where the determination for one or more of the lots or
structures cannot be revalidated through an administrative process like the LOMCs in Category 2 above.
LOMCs in Category 2 will be revalidated through a single letter that reaffirms the validity of a previously
issued LOMC; the letter will be sent to your community shortly before the effective date of the revised
FIRM and will become effective 1 day after the revised FIRM becomes effective. For the LOMCs listed in
Category 4, we will review the 'data previously submitted for the LOMA or LOMR request and issue a new
determination for the affected properties after the revised FIRM becomes effective.
The FIS report and FIRM for your community have been prepared in our countywide format, which means
that flood hazard information for all jurisdictions within Dutchess County has been combined into one FIS
report and FIRM. When the FIS report and FIRM are printed and distributed, your community will receive
only those panels that present flood hazard information for your community. We will provide complete
sets of the FIRM panels to county officials, where they will be available for review by your community.
The FIRM panels have been computer-generated. Once the FIS report and FIRM are printed and
distributed, the digital files containing the flood hazard data for the entire county can be provided to your
community for 'use in a computer mapping system. These files can be used in conjunction with other
thematic data for floodplain management purposes, insurance purchase and rating requirements, and many
other planning applications. Copies of the digital files or paper copies of the FIRM panels may be
obtained by calling our FEMA Map Information eXchange (FMIX), toll free, at 1-877-FEMA MAP
(1-877-336-2627). In addition, your community may be eligible for additional credits under our
Community Rating System if you implement your activities using digital mapping files.
If your community is encountering difficulties in enacting the necessary floodplain management measures,
we urge you to call Ms. Mary Colvin, Chief, Floodplain Management and Flood Insurance Branch, FEMA
Region II at (212) 680-3622, for assistance. If you have any questions concerning mapping issues in
general or the enclosed SOMA, please call our FMIX at the toll free number shown above. Additional
3
information and resources your community may find helpful regarding the NFIP and floodplain
management, such as The National Flood Insurance Program Code of Federal Regulations, Answers to
Questions About the National Flood Insurance Program, Frequently Asked Questions Regarding the
Effects that Revised Flood Hazards have on Existing Structure, Use of Flood Insurance Study (FIS) Data
as A vailable Data, and National Flood Insurance Program Elevation Certificate and Instructions, can be
found on our website at http://www.floodmapsJema.gov/lfd. Paper copies of these documents may also be
obtained by calling our FMIX.
Sincerely,
~l_-
. '.,. '. "'" '~." z'-')
L ---'
Luis Rodrigu'ez;-p:E., Chief
Engineering Management Branch
Federal Insurance and Mitigation Administration
Enclosures:
Listing of Communities table
Final SOMA
FEMA 495 brochure: Adoption of FIRMs
by Participating Communities
cc: Mr. Salvatore Morello, III, Town of Wappinger Code Enforcement Officer
Ms. Mary Colvin, Chief, Floodplain Management and Flood Insurance Branch, FEMA
Region II
Mr. Scott V. Duell, Risk Analysis Branch Chief, FEMA Region II
Mr. William Nechamen, CFM, NFIP State Coordinator
Mr. Mark Lewis, NYSDEC Region 3
Mr. 1. Andrew Martin, CFM, RSC II Lead Coordinator/Project Manager
SOMA-2
FINAL SUMMARY OF MAP ACTIONS
Community: WAPPINGER, TOWN OF
Community No: 361387
To assist your community in maintaining the Flood Insurance Rate Map (FIRM), we have
summarized below the previously issued Letter of Map Change (LOMC) actions (i.e., Letters of Map
Revision (LOMRs) and Letters of Map Amendment (LOMAs)) that will be affected when the revised
FIRM becomes effective on May 2, 2012.
1. LOMes Incorporated
The modifications effected by the LOMCs listed below will be reflected on the revised FIRM. In
addition, these LOMCs will remain in effect until the revised FIRM becomes effective.
Date Old New
LOMC Case No. Issued Project Identifier Panel Panel
NO CASES RECORDED
2. LOMCs Not Incorporated
The modifications effected by the LOMCs listed below will not be reflected on the revised FIRM
panels because of scale limitations or because the LOMC issued had determined that the lot(s) or
structure(s) involved were outside the Special Flood Hazard Area, as shown on the FIRM. These
LOMCs will remain in effect until the revised FIRM becomes effective. These LOMCs will be
revalidated free of charge 1 day after the revised FIRM becomes effective through a single
revalidation letter that reaffirms the validity of the previous LOMCs.
LOMC Date Project Identifier Old New
Case No. Issued Panel Panel
OT 226080, BLOCK 3, SECTION 19-6258
LaMA 00-02-0516A 09/26/2000 SACHSON PLACE 36138700048 36027C0459E
OT 478772, BLOCK 01, SECTION 6259
LaMA 01-02-0898A 07/05/2001 797 NEW HACKENSACK ROAD 36138700018 36027C0369E
2 KETCHAMTOWN ROAD
LOMR-F 08-02-0282A 03/20/2008 36138700068 36027C0458E
OT 4, COMPA FELICE
LaMA 11-02-1654A 05/10/2011 5 KETCHAMTOWN ROAD 36138700068 36027C0458E
3. LOMCs Superseded
The modifications effected by the LOMCs listed below have not been reflected on the Final revised
FIRM panels because they are being superseded by new detailed flood hazard information .or the
information available was not sufficient to make a determination. The reason each is being
superseded is noted below. These LOMCs will no longer be in effect when the revised FIRM
becomes effective.
Date Project Identifier Reason Determination
LOMC Case No. Issued Will be Superseded
'.
SOMA-2
FINAL SUMMARY OF MAP ACTIONS
Community: WAPPINGER, TOWN OF
Community No: 361387
Date Project Identifier Reason Determination
LOMC Case No. Issued Will be Superseded
NO CASES RECORDED
1. Insufficient information available to make a determination.
2. Lowest Adjacent Grade and Lowest Finished Floor are below the proposed Base Flood Elevation.
3. Lowest Ground Elevation is below the proposed Base Flood Elevation.
4. Revised hydrologic and hydraulic analyses.
5. Revised topographic information.
4. LOMes To Be Redetermined
The LOMCs in Category 2 above will be revalidated through a single revalidation letter that
reaffirms the validity of the determination in the previously issued LOMC. For LOMCs issued for
multiple lots or structures where the determination for one or more of the lots or structures has
changed, the LOMC cannot be revalidated through this administrative process. Therefore, we will
review the data previously submitted for the LOMC requests listed below and issue a new
determination for the affected properties after the effective date of the revised FIRM.
LOMC Case No. Date Project Identifier Old New
Issued Panel Panel
NO CASES RECORDED
II~ laUI~ U1cUrUIIOWS IS provloeo TOr your communlty.s use In aetermlnlng me t"IHM panels anectlng your community. Note,
,hen referencing the FIRM panels in your floodplain management ordinances, the complete FIRM panel number should be
3ferenced. For example, the first FIRM panel for the Town of Amenia will read 36027C0215E. The countywide prefix 36027C
nd suffix E are common to all panels.
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October, 2007
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
LOCAL LAW FOR FLOOD DAMAGE PREVENTION
INSTRUCTIONS
The attached MODEL LOCAL LAW is designed to comply with the floodplain management require-
ments of the National Flood Insurance Program contained in 44 CFR 60.3(b,c,&d). The Department of
Environmental Conservation (DEC) has included several optional administrative provisions in the
MODEL LOCAL LAW which are strongly recommended for proper administration. Any changes
made to this MODEL should be reviewed by the community's attorney and either the DEC or the
Federal Emergency Management Agency (FEMA) before enacting. DEC and FEMA must be
provided a list of any changes to this model at the time of riling.
Department of State Filing Forms - insert all required information. Blank Local L w Filin Forms
including instructions and an online interactive version, can be found at f5) re ~ re n \\ fI re ru
http://www.dos.state.ny.us/lgss/publications.htm. l.n) [f; ~ u;:; U 'IJ [f; l!::!J
The following sections must be completed by the community: NOV 1 8 2011
Page 1, Sect. 1.1 - Insert legislative body and the name ofthe community twic . TOWN OF WAPPINGER
Page 7 - If you are enacting this Local Law to comply with FEMA requirem s assoaiG\l\UlfuGibERK
community or county Flood Insurance Rate Maps, the Department of Environmen a onserva IOn WI
include in this package a replacement Page 7 with the mapping information filled out. Simply insert the
name of the community in Section 3.1 and insert the location where the Flood Insurance Study
and/or maps are on fIle. Otherwise, follow the instructions for Page 7, below.
Page 7, Sect. 3.1 - Insert the name of the community.
Page 7, Sect. 3.2 - Complete (1) through (5) as necessary, according to the documents your community
has been furnished by the Federal Emergency Management Agency (FEMA). Cross out or delete any
unused subsections. Documents you may have received are:
(a) Flood Insurance Study report--a brown or buff colored booklet, which contains technical data
on flooding in the community;
(b) Flood Insurance Rate Map (FIRM)--a map in either an 11 "xI7" flat or a Z-fold (road map
style) format. If the map consists of more than one panel, an index panel is usually included.
The FIRM shows locations of areas of special flood hazard in the community; and,
(c) Flood Boundary and Floodway Map (FBFM)--a Z-folded sheet that shows the location of
floodways in the community.
If your community received only a single FIRM map, fill in (1). The community number, a six digit
number whose first two digits are 36, is required and is found in the lower right comer of the FIRM.
The community number may also have a letter suffix, which should also be included. Also include the
"effective date" shown on the map.
If you received a FIRM map with more than one panel, fill in (2). Be sure to show the community num-
ber and the panel numbers (e.g., 361540 0001-0025) and the letter suffix, if one is shown. Also include
the "effective date" shown on the index panel.
If you received a Flood Insurance Study report, fill in (3) with the community name, name of your coun-
ty( s) as shown on the report and date.
I
If you received a single FBFM, fill in (4).
If your community received a FBFM with multiple panels, fill in (5) with data from the index sheet.
If you are unsure what documents were sent to you, contact the DEC Regional Coordinator for your
county or the DEC Central Office (listed on page iv).
Page 7, Sect. 3.2 - Insert the local location where the Flood Insurance Study and maps are on file. (e.g.
Town/Village Offices, Clerk's office)
Page 8, Sect. 3.5 - Insert the name of the community.
Page 8, Sect. 3.6 - Insert the name of the community.
Page 8, Sect..4.1- Insert the titlf;! or office of the individual or group responsible for administering the
local law, such as, the Building Inspector, Code Enforcement Officer or Planning Board. May not be the .
same asSect.6.1(l). ";1
Page 9, Sect. 4.2-2. ,..Insert fee $ount (if so desired) and community name.
:,' !
Page.l~~14, Sec~.S.I-~ :,I.n,s~ the name of the community in the six blanks.
, , .,,, '., \ '_' I '
Page 1!~'SeQt.':6.1n),~J)i~ert the'name of the appeals board (in many instances the Zoning Board of Ap-
peals serves this roleyandthe name of the community. It may be necessary to create a 3-5 person board
to fulfill these duties. In accordance with TownNillage/City Law, the appeals board may neither
be the TownNillage/City Board, nor have any common members, nor be the same body as named
in Sect. 4.1.
Page 17, Sect. 6.1(2) - Insert the name of the appeals board.
Page 17, Sect. 6.1(3) - Same as 6.1(2).
Page 17, Sect. 6.1(4) - Same as 6.1(2).
Page 18, Sect. 6.1(5) - Same as 6.1(2).
Page 20 - Insert date of enactment, the names of the governing body, community and county, and the
date on which the law becomes effective.
Attachment" A" (4 pages) to this document provides a recommended "Floodplain Development Permit
Application" form. This form or its equivalent must be used in conjunction with Section 4.2 of this
model local law.
Attachment "B" (1 page) to this document provides a recommended "Certificate of Compliance for
Development in a Special Flood Hazard Area." This form or its equivalent should be used in conjunc-
tion with Section 4.4-7 of this model local law.
Please contact one of the DEC Central Office Program Coordinators listed on page iv should you
have any questions about filling in the blanks or if you find any errors or omissions to these instruc-
tions, content, or attachments.
Optional Language is provided should your community wish to enact additional requirements to in-
crease the level of safety. Note that many of these options result in points that can result in discounts on
flood insurance premiums within communities that participate in FEMA's Community Rating System.
Contact DEC for information about the Community Rating System.
11
NOTE: This document must be adopted in a manner that is legally enforceable.
File the indicated number of certified copies with each of the five offices listed below.
Follow all instructions and use the official filing form.
1. FEDERAL AGENCY (1 copy)
Federal Emergency Management Agency
Mitigation Division
26 Federal Plaza, Room 1337
New York, New York 10278-0002
2. COUNTY PLANNING (1 copy)
The planning department for your county.
3. SECRETARY OF STATE (1 copy)
State Records and Law Bureau
Department of State
One Commerce Plaza
Albany, New York 12231
4. DEC CENTRAL OFFICE (1 copy)*
NYS Department of Environmental Conservation
Floodplain Management Section
Attn: William N echamen '
625 Broadway, 4th Floor
Albany, NY 12233-3504
(518) 402-8185
5. DEC REGIONAL OFFICE (1 copy)*
Regional Office address is determined by the county in which the community is located. See
page iv for address of Regional Office covering your county.
*Please submit one copy of the "Local Law Acknowledgement" to the DEC Central Offic~
and to the DEC Regional Office upon receipt from the Department of State. However, to
expedite approval of your Local Law, please send a copy of the Local Law to the DEC Central
Office immediately upon passage, prior to receipt of the "Local Law Acknowledgement." If
your community is applying for participation in the NFIP, also include the Enabling Resolution
and the NFIP Application.
111
New York State Department of Environmental Conservation
Bureau of Flood Protection and Dam Safety
625 Broadway, 4th Floor
Albany, NY 12233-3504
(518)402-8185
Central Office Floodplain Management Coordinators
Bill Nechamen: 518-402-8146
Kelli Higgins-Roche: 518-408-0340
Dondi Saltsman: 518-402-8215
Chief, Floodplain Management
Environmental Engineer
Environmental Engin. Tech
wsneeham@qw.dee.state.nv.us
kahiqqin@qw.dee.state.nv.us
d isaltsm@qw.dee.state.nv.us
Regional Floodplain Management Coordinators
: NYS DEC Region 1
: Loop Rd., Building 40
: SUNY Campus
, ...""................. ...."...."..................l....~!~~y...~.~.~?.~'...~y.".~"~!~9.=.?~?~.,,
2.....".."""...r...Src)'nx;Ri'ngs;.N.ew York, Queens & Rich- : NYS DEC Region 2
: mond : 1 Hunters Point Plaza
: : 4740 21st Street
............."...l .".."".....................".".."....................""""""".........".:b9IJgl~I~QQ9..i.!y..!"N.Y.1.11.Q.1.:~.4..Q.?..
: Dutchess, Orange, Putnam, Rockland, Sulli- : NYS DEC Region 3
: van, Ulster & Westchester : 21 S. Putt Corners Rd.
: New Paltz, NY 12561
......",A..............................................................m..............................
4......... .... : Aihany,"Coil:J'm'bia;'Delaware;'G'reene, 'Mont~ : NYS DEC Region 4
: gomery, Otsego, Rensselaer, Schenectady & : 1150 North Westcott Road,
! Schoharie i Schenectady, NY 12306
, ,
5 ...r".Ci'i'nton.;....E.s.sex;.&...Fra.nkfi.n ... ... ............................................"r"NYSOEC."Reglon'S
North : : Route 86, PO Box 296
1 i Ray Brook, NY 12977-0296
.......................................................... ...........................".............."'..""...,..........." ..................... ... ... ........ ....................................................,........ .......l............................................ . . ......._....~.....~ ..................................................... .
5 : Fulton, Hamilton, Saratoga, Warren & Wash- : NYS DEC Region 5
South i ington : 232 Hudson St.
: : Warrensburg, NY 12885
, '
e".......................r..H'er.j(jmer, & Oneida ..."..................".."............... ""............................:....NYS...OEC..Reglon...e........
South : : 207 Genesee Street
: : Utica, NY 13501
e....."..............T.J'effers.on.;.Lewis, & st:....Cawrence.................................. ...................T...NYS..OEC:..Rome Fis'h...H'atc'hery....
North i : 8306 Fish Hatchery Rd.
: "......"".....";,,.RQ!:D.~L.N.Y....1..~44..Q...
j'........................T....Cs.yuga.;".Madi'son;Onon'daga & Oswego : NYS DEC, Region 7"...............
North : : 615 Erie Blvd. West
...................................L..............".............................................._..................................................."...."...:.~.yr.~g~.~~.!N.Y.J.~?Q4:.?4QQ.....".
7 : Broome, Chenango, Cortland, Tioga & : NYS DEC, Region 7
South : Tompkins : 1679 NY Route 11
...........L....."..........................."................".....".............................................................................."...... : Kirkwood, NY 13795
8 : Genesee, Livingston, Monroe, Ontario, Or- ............r"NYS.OEC.Reg..ionS"
North : leans, & Wayne : 6274 E. Avon-Lima Rd.
: : Avon, NY 14414
, '
....................................J..........................................................................................................".......................................,~,.,............................... .........l.................................................................................................. ...............................................................
8 : Chemung, Schuyler, Southern Seneca, : NYS DEC, Region 8
South : Steuben & Yates : 276 Sing Sing Rd.
: : Horseheads, NY 14845
,
,
,
g...................:Aileg.any;..Ca'ttaraugus;"C'hau'tauqlJ'a.;.Erje:
i Niagara & Wyoming
,
,
1
Nassau & Suffolk
3
: Eric Star
: (631) 444-0423
i exstar@qw.dee.state.nv.us
,
,
...................-'.............................................................
: Imdadullslam
: (718) 482-4960
: ilislam@qw.dee.state.nv.us
,
,
.....l......................................................-............................................................. .
: Mark Lewis
: (845) 256-3822
: melewis@qw.dee.state.nv.us
,
..........:.To.m..Siancha.rd............................"."...........................".......
: (518) 357-2379
i teblaneh@qw.dee.state.nv.us
,
. ""..:Chrls....Lssseif................................................"...."....."...
: (518) 897-1243
i emlassel@qw.dee.state.nv.us
. .......J..................................................
: Rob Streeter
: (518) 623-1211
: rwstreet@qw.dee.state.nv.us
,
. .....:.....Aibert"Ash'............................................................ ".........."." "...........
: (315) 793-2358
.....,j...~.~.9.~.h..@.9.~:.~.~.~..:.~.!.~!.~.:..IJ.y.:.~.~......... .. .
: Carl Quance
: (315) 338-0481
..jg.!?q~~I::J.9.~.@g~.:.Q~_~:.~!.~!~:.D.y:.~.~""
: Kevin Delaney
: (315) 426-7501
..............,,:.~.9Q.~I.~.f.:1..~@.g.yv.:.9.~.~.:~.!~.!.~.:.lJy.:..~.~".... .
: Larry Lepak
: (607) 775-2545 ext 121
.. ........................"..............:....I.!I.~.~~.~@.g.~.:9.~g.:~!~!~.:.r.:!y:..~~.,,"
: Karis Manning
: (585) 226-5445
: kimannin@gw.dec.state.ny.us
.".:.....NYS...OEC;.Reglon"g...........
: 270 Michigan Ave.
: Buffalo, NY 14203-2999
IV
,
....r.J'oy...srewer...""......"......"........................................."
: (607) 739-0809
: jpbrewer@qw.dee.state.nv.us
,
,
: Rebecca Anderson
: (716) 851-7070
: riandersfa)aw.dee.state.nv.us
A local law for Flood Damage Prevention as authorized by the New York State Constitution,
Article IX, Section 2, and Environmental Conservation Law, Article 36
SECTION 1.0
STATUTORY AUTHORIZATION AND PURPOSE
1.1 FINDINGS
The of the of finds that the
potential and/or actual damages from flooding and erosion may be a problem to the residents of
the of 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 local law is adopted.
1.2 STATEMENTOFPURPOSE
It is the purpose of this local law 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:
(1) regulate uses which are dangerous to health, safety and property due to water or erosion ha-
zards, or which result in damaging increases in erosion or in flood heights or velocities;
(2) require that uses vulnerable to floods, including facilities which serve such uses, be pro-
tected against flood damage at the time of initial construction;
(3) control the alteration of natural floodplains, stream channels, and natural protective barriers
which are involved in the accommodation of flood waters;
(4) control filling, grading, dredging and other development which may increase erosion or
flood damages;
(5) regulate the construction of flood barriers which will unnaturally divert flood waters or
which may increase flood hazards to other lands, and;
(6) qualify and maintain for participation in the National Flood Insurance Program.
1.3 OBJECTIVES
The objectives of this local law are:
(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 un-
dertaken at the expense of the general public;
1
(4) to minimize prolonged business interruptions;
(5) to minimize damage to public facilities and utilities such as water and gas mains, electric,
telephone, sewer lines, streets and bridges located in areas of special flood hazard;
(6) to 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;
(7) to provide that developers are notified that property 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.
SECTION 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 have in common usage and to give this local law its most reasonable appli-
cation.
" Appeal" means a request for a review of the Local Administrator's interpretation of any provision of
this Local Law or a request for a variance.
"Area of shallow flooding" means a designated AO, AH or VO Zone on a community's Flood Insur-
ance 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" is the land in the floodplain within a community subject to a one per-
cent or greater chance of flooding in any given year. This area may be designated as Zone A, AE, AH,
AO, AI-A30, A99, V, VO, VE, or VI-V30. It is also commonly referred to as the base floodplain or
IOO-year floodplain. For purposes of this Local Law, the term "special flood hazard area (SFHA)" is
synonymous in meaning with the phrase "area of special flood hazard."
"Base flood" means the flood having a one percent chance of being equaled or exceeded in any given
year.
"Basement" means that portion of a building having its floor sub grade (below ground level) on all
sides.
"Building" see "Structure"
"Cellar" has the same meaning as "Basement".
"Crawl Space" means an enclosed area beneath the lowest elevated floor, eighteen inches or more in
height, which is used to service the underside of the lowest elevated floor. The elevation of the floor of
2
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" means 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 opera-
tions or storage of equipment or materials.
"Elevated building" means a non-basement building (i) built, in the case of a building in Zones A1-
A30, AE, A, A99, AO, AH, B, C, X, or D, to have the top ofthe elevated floor, or in the case of a build-
ing in Zones Vl-30, VE, or V, to have the bottom of the lowest horizontal structure member of the ele-
vated 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 (ii) adequately anchored so as not to impair the structural in-
tegrity of the building during a flood of up to the magnitude of the base flood. In the case of Zones A 1-
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 flood waters. In the case of Zones 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.
"Federal Emergency Management Agency" means the Federal agency that administers the National
Flood Insurance Program.
"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;
(2) the unusual and rapid accumulation or runoff of surface waters from any source.
"Flood" or "flooding" also means the collapse or subsidence ofland 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 an-
ticipated 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 ab-
normal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as
defined in (1) above.
"Flood Boundary and Floodway Map (FBFM)" means 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 water courses studied in detail in the Flood
Insurance Study.
"Flood Elevation Study" means an examination, evaluation and determination of the flood hazards
and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determi-
nation of flood- related erosion hazards.
"Flood Hazard Boundary Map (FHBM)" means an official map of a community, issued by the Fed-
eral 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.
3
"Flood Insurance Rate Map (FIRM)" means 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 pre-
mium zones applicable to the community.
"Flood Insurance Study" see "flood elevation study".
"Floodplain" or "Flood-prone area" means any land area susceptible to being inundated by water
from any source (see definition of "Flooding").
"Floodproofmg" means any combination of structural and non-structural additions, changes, or ad-
justments to structures which reduce or eliminate flood damage to real estate or improved real property,
water and sanitary facilities, structures and their contents.
"Floodway" - has the same meaning as "Regulatory Floodway".
"Functionally dependent use" means a use which cannot perform its intended purpose unless it is lo-
cated or carried out in close proximity to water, such as a docking or port facility necessary for the load-
ing and unloading of cargo or passengers, shipbuilding, and ship repair facilities. The term does not in-
clude long-term storage, manufacturing, sales, or service facilities.
"Highest adjacent grade" means the highest natural elevation ofthe ground surface, prior to construc-
tion, next to the proposed walls of a structure.
"Historic structure" means 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 pre-
servation programs that have been certified either:
(i) by an approved state program as determined by the Secretary of the Interior or
(ii) directly by the Secretary of the Interior in states without approved programs.
"Local Administrator" is the person appointed by the community to administer and implement this
local law by granting or denying development permits in accordance with its provisions. This person is
often the Building Inspector, Code Enforcement Officer, or employee of an engineering department.
4
"Lowest floor" means lowest floor of the lowest enclosed area (including basement or cellar). An un-
finished 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 enclo-
sure is not built so as to render the structure in violation of the applicable non-elevation design require-
ments 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 permanent foundation when connected to
the required utilities. The term does not include a "Recreational vehicle"
"Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided
into two or more manufactured home lots for rent or sale.
"Mean sea level" means, for purposes of the National Flood Insurance Program, the National Geodetic
Vertical Datum (NGVD) ofl929, the North American Vertical Datum of 1988 (NA VD 88), or other da-
tum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced.
"Mobile home" - has the same meaning as "Manufactured home".
"New construction" means 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 sub-
sequent improvements to such structure.
"One hundred year flood" or "IOO-year flood" has the same meaning as "Base Flood".
"Principally above ground" means that at least 51 percent of the actual cash value of the structure, ex-
cluding land value, is above ground.
"Recreational vehicle" means a vehicle which is:
(1) built on a single chassis;
(2) 400 square feet or less when measured at the largest horizontal projections;
(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" means 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 sur-
face 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 Section 4.4-2 ofthis Law.
"Start of construction" means the date of permit issuance for new construction and substantial im-
provements to existing structures, provided that actual start of construction, repair, reconstruction, reha-
bilitation, addition placement, or other improvement is within 180 days after the date of issuance. The
actual start of construction means the first placement of permanent construction of a building (including
5
a manufactured home) on a site, such as the pouring of a slab or footings, installation of pilings or con-
struction of columns.
Permanent construction does not include land preparation (such as clearing, excavation, grading, or fill-
ing), or the installation of streets or walkways, or excavation for a basement, footings, piers or founda-
tions, or the erection of temporary forms, or the installation of accessory buildings such as garages or
sheds not occupied as dwelling units or not part ofthe main building. For a substantial improvement,
the actual "start of construction" means the first alteration of any wall, ceiling, floor, or other structural
part of a building, whether or not that alteration affects the external dimensions of the building.
"Structure" means a walled and roofed building, including a gas or liquid storage tank, that is princi-
pally above ground, as well as a manufactured home.
"Substantial damage" means damage of any origin sustained by a structure whereby the cost of restor-
ing the structure to its before damaged condition would equal or exceed 50 percent of the market value
of the structure before the damage occurred.
"Substantial improvement" means any reconstruction, rehabilitation, addition, or other improvement
of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before
the "start of construction" of the improvement. The term includes structures which have incurred "sub-
stantial 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 a "Historic structure", provided that the alteration will not preclude the
structure's continued designation as a "Historic structure".
"Variance" means a grant of relief from the requirements of this local law which permits construction
or use in a manner that would otherwise be prohibited by this local law.
"Violation" means the failure of a structure or other development to be fully compliant with the com-
munity's flood plain management regulations.
6
SECTION 3.0
GENERAL PROVISIONS
3.1 LANDS TO WHICH THIS LOCAL LAW APPLIES
This local law shall apply to all areas of special flood hazard within the jurisdiction of the Town
of Wappinger. Dutchess County.
3.2 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD
The areas of special flood hazard for the Town ofWao"inger, Community Number 361387, are
identified and defined on the following documents prepared by the Federal Emergency Manage-
ment Agency:
(1) Flood Insurance Rate Map Panel Numbers:
36027C0369E, 36027C0388E, 36027C0389E, 36027C0393E, 36027C 0453E,
36027C0454E,36027C0456E,36027C0457E,36027C0458E,36027C0459E,
36027C0461E,36027C0462E,36027C0466E,36027C0467E,36027C0476E,
36027C0477E,36027C0478E,36027C0481E,36027C0486E
whose effective date is May 2,2012, and any subsequent revisions to these map panels that
do not affect areas under our community's jurisdiction.
(2) A scientific and engineering report entitled "Flood Insurance Study, Dutchess County, New
York, All Jurisdictions" dated May 2,2012.
The above documents are hereby adopted and declared to be a part of this Local Law. The Flood
Insurance Study and/or maps are on file at:
3.3 INTERPRETATION AND CONFLICT WITH OTHER LAWS
This Local Law includes all revisions to the National Flood Insurance Program through October
27, 1997 and shall supersede all previous laws adopted for the purpose of flood damage preven-
tion.
In their interpretation and application, the provisions of this local law shall be held to be minimum
requirements, adopted for the promotion of the public health, safety, and welfare. Whenever the
requirements of this local law are at variance with the requirements of any other lawfully adopted
rules, regulations, or ordinances, the most restrictive, or that imposing the higher standards, shall
govern.
3.4 SEVERABILITY
7
The invalidity of any section or provision of this local law shall not invalidate any other section or
provision thereof.
3.5 PENALTIES FOR NON-COMPLIANCE
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 local law and any other applicable regulations. Any infraction of the provisions of
this local law 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 local law or fails to comply with any of its requirements shall, upon
conviction thereof, be fined 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 of from taking such other lawful action as ne-
cessary to prevent or remedy an infraction. At:ly structure found not compliant with the require-
ments of this local law for which the developer and/or owner has not applied for and received an
approved variance under Section 6.0 will be declared non-compliant and notification sent to the
Federal Emergency Management Agency.
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 oc-
cur on rare occasions. Flood heights may be increased by man-made or natural causes. This local
law does not imply that land outside the area of special flood hazards or uses permitte~ within
such areas will be free from flooding or flood damages. This local law shall not create liability on
the part of the of , any officer or employee thereof, or the
Federal Emergency Management Agency, for any flood damages that result from reliance on this
local law or any administrative decision lawfully made there under.
SECTION 4.0
ADMINISTRATION
4.1 DESIGNATION OF THE LOCAL ADMINISTRATOR
The is hereby appointed Local Administrator to administer and
implement this local law by granting or denying floodplain development permits in accordance
with its provisions.
4.2 THE FLOODPLAIN DEVELOPMENT PERMIT
4.2-1 PURPOSE
A floodplain development permit is hereby established for all construction and other devel-
opment to be undertaken in areas of special flood hazard in this community for the purpose
of protecting its citizens from increased flood hazards and insuring that new development is
constructed in a manner that minimizes its exposure to flooding. It shall be unlawful to un-
dertake any development in an area of special flood hazard, as shown on the Flood Insur-
ance Rate Map enumerated in Section 3.2, without a valid floodplain development permit.
8
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 na-
ture, location, dimensions, and elevations of the area in question; existing or proposed struc-
tures, fill, storage of materials, drainage facilities, and the location of the foregoing.
4.2-2 FEES
All applications for a floodplain development permit shall be accompanied by an application
fee of $ . In addition, the applicant shall be responsible for reimbursing the
of for any additional costs necessary for review, in-
spection and approval of this project. The Local Administrator may require a deposit of no
more than $500.00 to cover these additional costs.
4.3 APPLICATION FOR A PERMIT
The applicant shall provide the following information as appropriate. Additional information may
be .required on the permit application form.
(1) The proposed elevation, in relation to mean sea level, ofthe lowest floor (including base-
ment or cellar) of any new or substantially improved structure to be located in Zones Al-
A30, AE or AH, or Zone A ifbase flood elevation data are available. Upon completion of
the lowest floor, the permitee shall submit to the Local Administrator the as-built elevation,
certified by a licensed professional engineer or surveyor.
(2) The proposed elevation, in relation to mean sea level, to which any new or substantially im-
proved non-residential structure will be floodproofed. Upon completion of the floodproofed
portion of the structure, the permitee shall submit to the Local Administrator the as-built
floodproofed elevation, certified by a professional engineer or surveyor.
(3) A certificate from a licensed professional engineer or architect that any utility floodproofing
will meet the criteria in Section 5.2-3, UTILITIES.
(4) A certificate from a licensed professional engineer or architect that any non-residential
floodproofed structure will meet the floodproofing criteria in Section 5.4, NON-RESIDEN-
TIAL STRUCTURES.
(5) 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 sub-
mitted 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, compu-
tations or other material required by the Federal Emergency Management Agency (FEMA)
to revise the documents enumerated in Section 3.2, when notified by the Local Administra-
tor, 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.
(6) A technical analysis, by a licensed professional engineer, if required by the Local Adminis-
trator, which shows wheth,er proposed development to be located in an area of special flood
hazard may result in physical damage to any other property.
9
(7) In Zo'ne A, when no base flood elevation data are 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 ve-
hicle parks and subdivisions) that are greater than either 50 lots or 5 acres.
4.4 DUTIES AND RESPONSIBILITIES OF THE LOCAL ADMINISTRATOR
Duties of the Local Administrator shall include, but not be limited to the following.
4.4-1 PERMIT APPLICATION REVIEW
The Local Administrator shall conduct the following permit application review before is-
suing a floodplain development permit:
(1) Review all applications for completeness, particularly with the requirements of sub-
section 4.3, APPLICATION FOR A PERMIT, and for compliance with the provisions
and standards of this law.
(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
Section 5.0, CONSTRUCTION STANDARDS and, in particular, sub-section 5.1-1
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 in-
creased 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 Section 5.0, CONSTRUCTION STANDARDS, no
permit shall be issued. The applicant may revise the application to include measures
that mitigate or eliminate the adverse effects and re-submit 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.
4.4-2 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 Feder-
al, State or other source, including data developed pursuant to paragraph 4.3(7), as cri-
teria for requiring that new construction, substantial improvements or other proposed
development meet the requirements of this law.
10
(2) When base flood elevation data are not available, the Local. Administrator may use
flood information from any other authoritative source, such as historical data, to estab-
lish flood elevations within the areas of special flood hazard, for the purposes of this
law.
4.4-3 ALTERATION OF WATERCOURSES
(1) Notification to adjacent communities and the New York State Department of Envi-
ronmental Conservation prior to permitting any alteration or relocation of a water-
course, and submittal of evidence of such notification to the Regional Administrator,
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 dimin-
ished.
4.4-4 CONSTRUCTION STAGE
(1) In Zones AI-A30, AE and AH, and also Zone A ifbase flood elevation data are avail-
able, upon placement of the lowest floor or compl~tion 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 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 recre-
ational 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 it stop work order for the
project unless immediately corrected.
4.4-5 INSPECTIONS
The Local Administrator and/or the developer's engineer or architect shall make periodic in-
spections 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.
4.4-6 STOP WORK ORDERS
11
(1) The Local Administrator shall issue, or cause to be issued, a stop work order for any flood-
plain development found ongoing without a development permit. Disregard of a stop work
order shall subject tht? violator to the penalties described in Section 3.5 ofthis local law.
(2) The Local Administrator shall issue, or cause to be issued, a stop work order for any flood-
plain development found non-compliant with the provisions ofthis law and/or the conditions
of the development permit. Disregard of a stop work order shall subject the violator to the
penalties described in Section 3.5 of this local law.
4.4-7 CERTIFICATE OF COMPLIANCE
(1) In areas of special flood hazard, as determined by documents enumerated in Section
3.2, 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 com-
pliance has been issued by the Local Administrator stating that the building or land
conforms to the requirements of this local law.
(2) A certificate of compliance shall be issued by the Local Administrator upon satisfacto-
ry 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 Section 4.4-5, 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.
4.4-8 INFORMATION TO BE RETAINED
The Local Administrator shall retain and make available for inspection, copies of the follow-
mg:
(1) Floodplain development permits and certificates of compliance;
(2) Certifications of as-built lowest floor elevations of structures, required pursuant to
sub-sections 4.4-4(1) and 4.4-4(2), and whether or not the structures contain a base-
ment;
(3) Floodproofing certificates required pursuant to sub-section 4.4-4(1), and whether or
not the structures contain a basement;
(4) Variances issued pursuant to Section 6.0, VARIANCE PROCEDURES; and,
(5) Notices required under sub-section 4.4-3, ALTERATION OF WATERCOURSES.
12
SECTION 5.0
CONSTRUCTION STANDARDS
5.1 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 Section 3.2.
5.1-1 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 ve-
hicle 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; and,
(3) Adequate drainage shall be provided to reduce exposure to flood damage.
5.1-2 ENCROACHMENTS
(1) Within Zones AI-A30 and AE, on streams without a regulatory floodway, no new
construction, substantial improvements or other development (including fill) shall be
permitted unless:
(i) the applicant demonstrates that the cumulative effect of the proposed devel-
opment, 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,
(ii) the of 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, ana-
lyses and mapping and reimburses the of for
all fees and other costs in relation to the application. The applicant must also
provide all data, analyses and mapping and reimburse the of
for all costs related to the final map revision.
(2) On streams with a regulatory floodway, as shown on the Flood Boundary and Flood-
way Map or the Flood Insurance Rate Map adopted in Section 3.2, no new construc-
tion, substantial improvements or other development in the floodway (including fill)
shall be permitted unless:
(i) a technical evaluation by a licensed professional engineer shows that such an
encroachment shall not result in any increase in flood levels during occurrence
of the base flood, or,
13
(ii) the of 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 of
for all fees and other costs in relation to the application. The applicant must also
provide all data, analyses and mapping and reimburse the of
for all costs related to the final map revisions.
5.2 STANDARDS FOR ALL STRUCTURES
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 Section 3.2.
5.2-1 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 re-
sisting wind forces.
5.2-2 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 us-
ing methods and practices that minimize flood damage.
(3) For enclosed areas below the lowest floor ofa structure within Zones A1-A30, AE or
AH, and also Zone A if base flood elevation data are available, new and substantially
improved structures shall have fully enclosed areas below the lowest floor that are use-
able 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 hy-
drostatic flood forces on exterior walls by allowing for the entry and exit of flood -
waters. Designs for meeting this requirement must either be certified by a licensed
professional engineer or architect or meet or exceed the following minimum 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; and
(ii) the bottom of all such openings no higher than one foot above the lowest ad-
jacent finished grade.
Openings may be equipped with louvers, valves, screens or other coverings or devices
provided they permit the automatic entry and exit of floodwaters. Enclosed areas sub-
grade on all sides are considered basements and are not permitted.
14
5.2-3 UTILITIES
(1) New and replacement electrical equipment, heating, ventilating, air conditioning,
plumbing connections, and other service equipment shall be located at least two feet
above the base flood elevation or be designed to prevent water from entering and ac-
cumulating within the components during a flood and to resist hydrostatic and hydro-
dynamic loads and stresses. Electrical wiring and outlets, switches, junction boxes
and panels shall also elevated or designed to prevent water from entering and accumu-
lating within the components unless they conform to the appropriate provisions of the
electrical part of the Building Code of New York State or the Residential Code of New
York State for location of such items in wet locations;
(2) New and replacement water supply systems shall be designed to minimize or eliminate
infiltration of flood waters into the system;
(3) New and replacement sanitary sewage systems shall be designed to minimize or elimi-
nate infiltration of flood waters. Sanitary sewer and storm drainage systems for build-
ings that have openings below the base flood elevation shall be provided with auto-
matic backflow valves or other automatic backflow devices that are installed in each
discharge line passing through a building's exterior wall;. and,
(4) On-site waste disposal systems shall be located to avoid impairment to them or conta-
mination from them during flooding.
5.3 RESIDENTIAL STRUCTURES
5.3-1 ELEVATION
Thefollowing standards apply to new and substantially improved residential structures lo-
cated in areas of special flood hazard, in addition to the requirements in sub-sections 5.1-1,
SUBDIVISION PROPOSALS, and 5.1-2, ENCROACHMENTS, and Section 5.2,
STANDARDS FOR ALL STRUCTURES.
(1) Within Zones AI-A30, AE and AH and also Zone A ifbase flood elevation data are
available, new construction and substantial improvements shall have the lowest floor
(including basement) elevated to or above two feet above the base flood elevation.
(2) Within Zone A, when no base flood elevation data are available, new construction and
substantial improvements shall have the lowest floor (including basement) elevated at
least three feet above the highest adjacent grade.
(3) Within Zone AO, new construction and substantial improvements shall have the low-
est floor (including basement) elevated above the highest adjacent grade at least as
high as two feet above the depth number specified in feet on the community's Flood
Insurance Rate Map enumerated in Section 3.2 (at least two feet if no depth number is
specified).
15
(4) Within Zones AH and AG, adequate drainage paths are required to guide flood waters
around and away from proposed structures on slopes.
16
5.4 NON-RESIDENTIAL STRUCTURES
The following standards apply to new and substantially improved commercial, industrial and other
non-residential structures located in areas of special flood hazard, in addition to the requirements
in sub-sections 5.1-1, SUBDIVISION PROPOSALS, and 5.1-2, ENCROACHMENTS, and Sec-
tion 5.2, STANDARDS FOR ALL STRUCTURES.
(1) Within Zones AI-A30, AE and AH, and also Zone A ifbase flood elevation data are availa-
ble, new construction and substantial improvements of any non-residential structure shall ei-
ther:
(i) have the lowest floor, including basement or cellar, elevated to or above two feet
above the base flood elevation; or
(ii) be floodproofed so that the structure is watertight below two feet above the base
flood elevation, including attendant utility and sanitary facilities, with walls substan-
tially 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.
(2) Within Zone AO, new construction and substantial improvements of non-residential struc-
tures shall:
(i) have the lowest floor (including basement) elevated above the highest adjacent
grade at least as high as two feet above the depth number specified in feet on the
community's FIRM (at least two feet ifno depth number is specified), or
(ii) together with attendant utility and sanitary facilities, be completely floodproofed to
that level to meet the floodproofing standard specified in sub-section 5.4(I)(ii)
(3) If the structure is to be floodproofed, a licensed professional engineer or architect shall de-
velop and/or review structural design, specifications, and plans for construction. A Flood-
proofing Certificate or other certification shall be provided to the Local Administrator that
certifies the design and methods of construction are in accordance with accepted standards
of practice for meeting the provisions of Section 5.4(1 )(ii), including the specific elevation
(in relation to mean sea level) to which the structure is to be floodproofed.
(4) Within Zones AHand AO, adequate drainage paths are required to guide flood waters
around and away from proposed structures on slopes.
(5) Within Zone A, when no base flood elevation data are available, the lowest floor (including
basement) shall be elevated at least three feet above the highest adjacent grade.
5.5 MANUFACTURED HOMES AND RECREATIONAL VEHICLES
The following standards in addition to the standards in Section 5.1, GENERAL STANDARDS,
and Section 5.2, 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.
*,i~
17
(1) Recreational vehicles placed on sites within Zones AI-A30, AE and AH shall either:
(i) be on site fewer than 180 consecutive days,
(ii) be fully licensed and ready for highway use, or
(iii) meet the requirements for manufactured homes in paragraphs 5.5(2), (3) and (4).
A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is at-
tached to the site only by quick disconnect type utilities and security devices and has no
permanently attached additions.
(2) A manufactured home that is placed or substantially improved in Zones AI-A30, AE and
AH shall be elevated on a permanent foundation such that the lowest floor is elevated to or
above two feet above the base flood elevation and is securely anchored to an adequately
anchored foundation system to resist flotation, collapse and lateral movement.
(3) Within Zone A, when no base flood elevation data are available, new and substantially im-
proved 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 grade and are securely anchored to an ade-
quately anchored foundation system to resist flotation, collapse or lateral movement.
(4) Within Zone AO, the floor shall be elevated above the highest adjacent grade at least as high
as two feet above the depth number specified on the Flood Insurance Rate Map enumerated
in Section 3.2 (at least two feet ifno depth number is specified).
SECTION 6.0
VARIANCE PROCEDURE
6.1 APPEALS BOARD
(1) The as established by the of
shall hear and decide appeals and requests for variances from the requirements of this local
law.
(2) The shall hear and decide appeals when it is alleged there is an er-
ror in any requirement, decision, or determination made by the Local Administrator in the
enforcement or administration of this local law.
(3) Those aggrieved by the decision ofthe may appeal such deci-
sion to the Supreme Court pursuant to Article 78 of the Civil Practice Law and Rules.
(4) In passing upon such applications, the , shall consider all technical
evaluations, all relevant factors, standards specified in other sections of this local law and:
(i) the danger that materials may be swept onto other lands to the injury of others;
*
18
(ii) the danger to life and property due to flooding or erosion damage;
(iii) the susceptibility ofthe 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 communi-
ty;
(v) the necessity to the facility of a waterfront location, where applicable;
(vi) the availability of alternative locations for the proposed use which are not subject
to flooding or erosion damage;
(vii) the compatibility of the proposed use with existing and anticipated development;
(viii) the relationship of the proposed use to the comprehensive plan and floodplain
management program of that area;
(ix) the safety of access to the property in times of flood for ordinary and emergency
vehicles;
(x) the costs to local governments and the dangers associated with conducting search
and rescue operations during periods of flooding; .
(xi) the expected heights, velocity, duration, rate of rise and sediment transport of the
flood waters and the effects of wave action, if applicable, expected at the site; and
(xii) the costs of providing governmental services during and after flood conditions,
including search and rescue operations, maintenance and repair of public utilities and
facilities such as sewer, gas, electrical, and water systems and streets and bridges.
(5) Upon consideration of the factors of Section 6.1(4) and the purposes ofthis local law, the
may attach such conditions to the granting of variances as it
deems necessary to further the purposes of this local law.
(6) 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.
6.2 CONDITIONS FOR VARIANCES
(1) Generally, variances may be issued for new construction and substantial improvements to be
erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with ex-
isting structures constructed below ,the base flood level, providing items (i-xii) in Section
6.1(4) have been fully considered. As the lot size increases beyond the one-halfacre, the
technical justification required for issuing the variance increases.
(2) Variances may be issued for the repair or rehabilitation of historic structures upon determi-
nation that:
19
(i) the proposed repair or rehabilitation will not preclude the structure's continued de-
signation as a "Historic structure"; and
(ii) the variance is the minimum necessary to preserve the historic character and de-
sign of the structure.
(3) Variances may be issued by a community for new construction and substantial improve-
ments and for other development necessary for the conduct of a functionally dependent use
provided that:
(i) the criteria of subparagraphs 1, 4, 5, and 6 ofthis Section are met; and
(ii) 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.
(4) Variances shall not be issued within any designated floodway if any increase in flood levels
during the base flood discharge would result.
( 5) Variances shall only be issued upon a determination that the variance is the minimum neces-
sary, considering the flood hazard, to afford relief.
(6) Variances shall only be issued upon receiving written justification of:
(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 nuis-
ances, cause fraud on or victimization of the public or conflict with existing local laws
or ordinances.
(7) 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:
(i) the issuance of a variance to construct a structure below the base flood level will re-
sult in increased premium rates for flood insurance up to amounts as high as $25 for
$100 of insurance coverage; and
(ii) such construction below the base flood level increases risks to life and property.
Such notification shall be maintained with the record of all variance actions as required in
Section 4.4-8 of this Local Law.
20
Be it enacted this
day of
of the
,20_ by the
County, New York,
to be effective
SEAL
ATTEST
CLERK
21
Attachment A
MODEL FLOODPLAIN DEVELOPMENT
APPLICATION FORM
APPLICATION #
Page 1 of 4
FLOODPLAIN DEVELOPMENT PERMIT APPLICATION
This form is to be filled out in duplicate.
SECTION 1: GENERAL PROVISIONS (APPLICANT to read and silm):
1. No work may start until a permit is issued.
2. The permit may be revoked if any false statements are made herein.
3. If revoked, all work must cease until permit is re-issued.
4. Development shall not be used or occupied until a Certificate of Compliance is issued.
5. The permit is invalid if no work is commenced within six months of issuance, and expires 2 years from date of is-
suance.
6. Applicant is hereby informed that other permits may be required to fulfill local, state and federal regulatory re-
quirements.
7. Applicant hereby gives consent to the Local Administrator or his/her representative to make reasonable inspections
required to verify compliance.
8. I, THE APPLICANT, CERTIFY THAT ALL STATEMENTS HEREIN AND IN ATTACHMENTS TO THIS
APPLICATION ARE, TO THE BEST OF MY KNOWLEDGE, TRUE AND ACCURATE.
(APPLICANT'S SIGNATURE)
DATE
SECTION 2: PROPOSED DEVELOPMENT (To be comoleted bv APPLICANT)
NAME
ADDRESS
TELEPHONE
APPLICANT
BUILDER
ENGINEER
PROJECT LOCATION:
To avoid delay in processing the application, please provide enough information to easily identify the project location. Pro-
vide the street address, lot number or legal description (attach) and, outside urban areas, the distance to the nearest intersect-
ing road or well-known landmark. A map attached to this application, and a sketch showing the project layout would be
helpful.
ii
APPLICATION #
PAGE 2 of 4
DESCRIPTION OF WORK. (Check all applicable boxes);
A. STRUCTURAL DEVELOPMENT
ACTIVITY
STRUCTURE TYPE
o New Structure
o Addition
o Alteration
D Relocation
o Demolition
o Replacement
o Residential (1-4 Family)
o Residential (More than 4 Family)
o Non-residential (Floodproofmg? 0 Yes)
o Combined Use (Residential & Commercial)
o Manufactured (Mobile) Home
(In Manufactured Home Park? 0 Yes 0 No)
ESTIMATED COST OF PROJECT $
B. OTHER DEVELOPMENT ACTIVITIES:
o Fill 0 Mining 0 Drilling 0 Grading
o Excavation (Except for Structural Development Checked Above)
o Watercourse Alteration (Including Dredging and Channel Modifications)
o Drainage Improvements (Including Culvert Work), Stormwater Control Structures or Ponds
o Road, Street or Bridge Construction
o Subdivision (New or Expansion)
o Individual Water or Sewer System
o Other (Please Specify)
After completing SECTION 2, APPLICANT should submit form to Local Administrator for review.
SECTION 3: FLOODPLAIN DETERMINATION (To be completed bv LOCAL ADMINISTRATOR)
The proposed development is located on FIRM Panel No.
, Dated
The Proposed Development:
o The proposed development is reasonably safe from flooding. Entire property is in Zone B, C or X.
o The proposed development is in adjacent to a flood prone area.
100- Y ear flood elevation at the site is:
Ft. 0 NGVD 1929/ 0 NAVD 1988 (MSL)
o Unavailable
o See Section 4 for additional instructions for development that is or may be in a flood prone area.
SIGNED
DATE
111
APPLICATION #
PAGE 3 of4
SECTION 4: ADDITIONAL INFORMATION REOUlRED (To be comoleted bv LOCAL ADMINISTRATOR)
The applicant must submit the documents checked below before the application can be processed:
o A site plan showing the location of all existing structures, water bodies, adjacent roads, lot dimensions and pro-
posed development.
o Development plans and specifications, drawn to scale, including where applicable: details for anchoring struc-
tures, proposed elevation oflowest floor (including basement), types of water resistant materials used below the
first floor, details of~oodproofing of utilities located below the first floor, details of enclosures below the first
floor, openings in foundation for entry and exit of floodwaters.
Other
o Elevation Certificate
o Subdivision or other development plans (If the subdivision or other development exceeds 50 lots or 5 acres,
whichever is the lesser, the applicant must provide lOa-year flood elevations if they are not otherwise availa-
ble).
o Plans showing the watercourse location, proposed relocations, Floodway location.
o Topographic information showing existing and proposed grades, location of all proposed fill.
o Top of new fill elevation
Ft. 0 NGVD 1929/ 0 NA VD 1988 (MSL)
o PE Certification of Soil Compaction
o Floodproofmg protection level (non-residential only) _ 0 NGVD 1929/ 0 NA VD 1988 (MSL)
For floodproofed structures, applicant must attach certification from registered engineer or architect.
o Other:
SECTION 5: PERMIT DETERMINATION (To be comoleted bv LOCAL ADMINISTRATOR)
I have determined that the proposed activity: A.
B.
in conformance with provisions of Local Law #
tions attached to and made part of this permit.
o Is
o Is not
, (yr)_. This permit is herby issued subject to the condi-
,DATE
SIGNED
If BOX A is checked, the Local Administrator may issue a Development Permit upon payment of designated fee.
If BOX B is checked, the Local Administrator will provide a written summary of deficiencies. Applicant may revise and
resubmit an application to the Local Administrator or may request a hearing from the Board of Appeals.
Expiration Date:
IV
Page 4 of 4
APPLICATION #
APPEALS: Appealed to Board of Appeals? 0 Yes 0 No
Hearing date:
Appeals Board Decision --- Approved? 0 Yes 0 No
Conditions:
SECTION 6: AS-BUlL T ELEVATIONS (To be submitted bv APPLICANT before Certificate of Compliance is issued)
The following information must be provided for project structures. This section must be completed by a registered profes-
sional engineer or a licensed land surveyor (or attach a certification to this application). Complete 1 or 2 below.
1. Actual (As-Built) Elevation of the top of the lowest floor, including basement (in Coastal High Hazard Areas, bot-
tom oflowest structural member of the lowest floor, excluding piling and columns) is: FT. 0
NGVD 1929/
o NAVD 1988 (MSL).
Attach Elevation Certificate FEMA Form 81-31
2. Actual (As-Built) Elevation of floodproofing protection is
(MSL).
Attach Floodproofing Certificate FEMA Form 81-65
FT. 0 NGVD 1929/ 0 NAVD 1988
NOTE: Any work performed prior to submittal of the above information is at the risk of the Applicant.
SECTION 7: COMPLIANCE ACTION (To be completed bv LOCAL ADMINISTRATOR)
The LOCAL ADMINISTRATOR will complete this section as applicable based on inspection of the project to ensure com-
pliance with the community's local law for flood damage prevention.
INSPECTIONS: DATE
DATE
DATE
BY
BY
BY
DEFICIENCIES? 0 YES 0 NO
DEFICIENCIES? 0 YES 0 NO
DEFICIENCIES? 0 YES 0 NO
SECTION 8: CERTIFICATE OF COMPLIANCE(To be completed bv LOCAL ADMINISTRATOR)
Certificate of Compliance issued: DATE:
BY:
v
Attachment B
SAMPLE
CERTIFICATE OF COMPLIANCE
for Development in a Special Flood Hazard Area
VI
CERTIFICATE OF COMPLIANCE
FOR DEVELOPMENT IN A SPECIAL FLOOD HAZARD AREA
(Owner Must Retain This Certificate)
Premises located at:
Owner:
Owner's Address:
Permit No.
Permit Date:
Check One:
_New Building
_Existing Building
Fill
= Other:
The Local Floodplain Administrator is to complete a. or b. below:
a. Compliance is hereby certified with the requirements of Local Law No._, (yr) _'
Signed:
Dated:
b. Compliance is hereby certified with the requirements of Local Law No._, (yr) _, as mod-
ified by variance no. _, dated
Signed:
Dated:
Vll
Model Local Law for Flood Damage Prevention
Optional Additional Language
General Comments.
The Model Local Law for Flood Damage Prevention contains language that complies with the
floodplain management requirements of the National Flood Insurance Program (NFIP) contained
in federal regulations 44 CFR 60.3 through 44 CFR 60.6. These requirements are minimum
requirements for participation in the NFIP. The Federal Emergency Management Agency
(FEMA) has calculated that buildings built to these standards suffer 70% less flood related
. damage than unprotected buildings. However, they can still suffer damage, so bigher protection
levels are warranted in most instances. For example, floods can be higher than the base flood
elevation for various reasons, including larger storms, downstream obstructions, increased
watershed development and floodplain filling. Setting higher standards protects against these
risks.
Many of the following techniques result in lower flood insurance premiums either directly or
through the Community Rating System (CRS). The CRS is a FEMA program that provides
discounts for communities that take measures that are beyond the minimum requirements ofthe
NFIP. CRS certification requires a community to accumulate at least 500 points. Flood
insurance policies within communities with over 500 CRS points receive a five percent discount
on each individual insurance premium. Flood insurance policies within flood hazard areas in
CRS communities receive an additional five percent discount for each additional 500 points.
Contact NYS DEC or visit the CRS Resource Center at http://training.fema.gov/emiweb/crs/ for
more information about the Community Rating System.
The following pages contain ideas for options to decrease your community's flood risk. These
are all optional. Each page contains an explanation of the measure and language that may be
used. Should your community decide to utilize any of these measures, please make sure that any
changes are brought to the attention ofNYSDEC so that we may review the final language and
assure that it is compliant with FEMA's regulations.
For more information about techniques to reduce flood risk in your community, see the
publication ''No Adverse Impact: A Toolkit for COmmon Sense Floodplain Management" by the
Association of State Floodplain Managers (ASFPM). The Toolkit may be viewed at
http://www.f1oods.orglNoAdverselmoactlNAI Toolkit 2003.pdf or ordered directly from
ASFPM by calling 608-274-0123. Questions about these materials may be addressed to the NYS
DEC Floodplain Management Section at 518-402-8185 or wsnecham@gw.dec.state.nv.us.
[R1~CG~~\w~lQ)
NOV 1 8 2011
TOWN OF WAPPINGER
TOWN CLERK
Model Local Law for Flood Damage Prevention
Optlonal Additional Language
Compensatory Storage.
Explanation: Riverine floodplains and coastal floodplains inland from the "V" wave runup zone
are either approximate "A" zones, which have not had detailed engineering analyses or flood
elevations, or detailed "AE" zones or "A" zones with a mnnber attached, that have detailed flood
elevation studies. In Riverine floodplains with detailed studies, there is usually also a floodway
analysis. Development is excluded from the floodway unless an engineering analysis detennines
that the development results in zero increase in the Base Flood Elevation (elevation of the 100-
year flood). However, development, including fill, is allowed in "A" zones outside of
floodways.
Flood lnsurance studies assume that when the entire Riverine floodplain is filled outside of the
floodway, an increase of up to one foot in the Base Flood Elevation will occur at the location of
the encroachment. Some communities may wish to avoid that potential increase, and to also
make certain that an encroachment does not result in increased flood elevations upstream or
downstream of the development, by requiring developments that encroach into the floodplain to
provide compensatory flood storage.
The following language may be used for that purpose. Enforcement of the following policy
could result in up to 70 credits towards flood insurance disc.ounts in communities that participate
in FEMA's Community Rating System (CRS).
To provide compensatory storage for any-encroachment within a flood hazard area, add the
following language to your Local Law for Flood Damage Prevention. Note that your
community's section numbering may be different. Contact NYS DEC for assistance.
Add a new Part (3) to Section 5.1-2: "Encroachments".
Whenever any portion of a floodplain is authorized for development, the volume of space
occupied by the authorized fill or structure below the base flood elevation shall be
compensated for and balanced by a hydraulically equivalent volume of excavation taken
from below the base flood elevation at or adjacent to the development site. All such
excavations shall be constructed to drain freely to the watercourse. No area below the
waterline of a pond or other body of water can be credited as a compensating excavation.
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Model Local Law for Flood Damage Prevention
Optional Additional Language
Repetitive Damage.
Explanation: FEMA's Increased Cost of Compliance (ICC) flood insurance coverage provides
up to $30,000 towards elevating, floodproofing, demolishing or relocating a structure that has
been substantially damaged or repetitively damaged. However, that coverage is only available to
a repetitively damaged structure within a community that has adopted an ICC definition in its
local law. Should your community wish to add a repetitive damage clause, a change must be
made in the "Substanti~l Damage" definition.
Should you wish to include the definition, an insured structure which has been damaged twice
within a ten year period for which the average damage equals or exceeds 25% of the market
value of the structure would qualify fO,r up to $30,000 towards elevating, floodproofing,
demolishing or relocating the structure. Even without the repetitive damage clause, an insured
structure that has been substantially damaged in a single flood event will qualify for this
"increased cost of compliance" coverage.
Note that the $30,000 in additional insurance coverage is' available only up to the total limit of
coverage under the National Flood Insurance Program. That limit is $250,000 for a residential
structure and $500,000 for a non-residential structure. The total insurance claim plus the ICC
claim may not exceed the above limits.
Should you decide to include a repetitive damage clause, the municipality will be responsible for
keeping track of all flood related structural damages. Also, the requirement to bring a
repetitively damaged structure up to the flood code would hold whether or not the property
owner carries a flood insurance policy. This would apply to a building whether or not there has
been a change in ownership of the building. Should you have questions about this requirement,
please contact NYSDEC.
To add the definition. ret;>lace the definition on Faile 6 of the model local law with the following
language:
Substantial Damage means 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
percent of the market value of the structure before the damage occurred. Substantial
damage also means flood-related damages sustained by a structure on two separate
occasions during a 1 O-year period for which the cost of repairs at the time of such flood
event, on the average, equals or exceeds 25 percent of the market value of the structure
before the damage occurred.
Model Local Law for Flood Damage Prevention
Optional Additional Language
Cumulative Substantial Improvement.
Explanation. The NFIP allows improvements valued at up to 50% of the building's pre-
improvement value to be permitted without meeting the flood proteetion requirements. Over the
years, a community may issue a succession of permits for different repairs or improvements to
the same structures. This can greatly increase the overall flood damage potential for the structure
and within a community. The community may wish to define "substantial improvement"
cumulatively so that once a threshold of improvement within a certain length of time is reached,
the structure is considered to be substantially improved and must meet flood protection
requirements.
Enforcement of the following policy could result in up to 110 credits towards flood insurance
discounts in communities that participate in FEMA's Community Rating System (CRS).
To add the re uirement r lace the definition of "Substantial im rovement on Pa e 6 of the
model law with the following language:
"Substantial improvement" means any reconstruction, rehabilitation, addition, or other
improvement of a structure, the cost of which equals or exceeds 50 percent of the market
value of the structure before the "start of construction" of the improvement. Substantial
improvement also means "cumulative substantial 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 a "Historic structure", provided that the alteration will not preclude
the structure's continued designation as a "Historic structure".
In addition, there must be a definition for "Cumulative Substantial Improvement" as follows:
({Cumulative Substantial Improvement" means any reconstruction, rehabilitation,
addition, or other improvement of a structure that equals or exceeds 50 percent of the
market value of the structure at the time of the improvement or repair when counted .
cumulatively for 10 years.
The community may wish to decrease the 50-percent threshold to a lower number, or change the
ten-year tracking period: An alternative approach would be to remove the "cumulative
substantial improvement" language and instead decrease the 50-percent improvement threshold.
Model Local Law for Flood Damage Prevention
Optional Additional Language
Critical Facilities.
Explanation: Certain special hazard or otherwise critical facilities should not be located within a
flood prone area due to the serious danger to life an health and widespread social or economic
dislocation that would result when the facility is subjected to flooding. Such facilities either
have the potential to create significant environmental or health risk, or are needed for community
support services during a disaster.
Requiring protection for critical facilities serves several purposes: it reduces threats to life and
health; it reduces damage to vital public facilities; it reduces pollution of floodwaters by
hazardous materials; and it ensures that the facilities will be operable during most flood.
emergencIes.
The Community Rating System (CRS) provides 100 points to communities that prohibit critical
facilities within the SOO-year floodplain.
To add the requirement. add a definition of "Critical Facilities" to page 3 of the Model Local
Law as follows:
Critical facilities means:
(1) Structures orfacilities that produce, use, or store highly volatile, flammable,
explosive, toxic and/or water-reactive materials;
(2) Hospitals, nursing homes, and housing likely to contain occupants who
may not be sufficiently mobile to avoid death or injury during a flood;
(3) Police stations, fire stations, vehicle and equipment storage facilities, and
emergency operations centers that are needed for flood response activities
before, during, and after a flood; and
(4) Public and private utility facilities that are vital to maintaining or restoring
normal services to flooded areas before, during, and after a flood.
Add a new Section 5.6 as follows:
5.6 Critical Facilities
In order to prevent potential flood damage to certain facilities that would result in
serious danger to life and health, or widespread social or economic dislocation, no
new critical facility shall be located within any Area of Special Flood Hazard, or
within any 500-year flood zone shown as a B zone or a Shaded X zone on the
Community's Flood Insurance Rate Maps.
Model Local Law for Flood Damage Prevention
Optional Additional Language
Areas Behind Levees or below High Hazard Dams.
Explanation: Areas that are protected by levees that provide at least three feet of protection
above the, lOO-year flood are usually not mapped as floodprone on FIRM's. Such levees can fail
or overtop. There are also many areas that would be inundated by floodwaters should an
upstream dam fail or overtop. While the probability of levee or dam failure is low in most areas,
the consequences of such failure are large.
In the case of levees, a community may wish to apply flood elevation requirements to the levee
protected area as though the levee was not there. In the case of a dam, the community may have
access to an inundation map in the event of a dam failure.
For a community to apply flood protection development standards to areas below dams or behind
levees, it must first have a map of the affected area. This process will become easier as FEMA's
Map Modernization program provides more communities with digital Flood Insurance Rate
Maps. To include these areas, the definition of "Area of special flood hazard" definition would
have to be amended to include areas that the community has identified as part of map oflevee
protected areas and/or dam failure inundation zones. In addition, Section 3.2, which adopts the
Flood Insurance Rate Map and Flood Insurance Study for the community, would have to be
amended to include the appropriate maps.
Local Law Filing
Instructions
NEW YORK STATE DEPARTMENT OF STATE
PLEASE OBSERVE THESE RULES FOR
FILING LOCAL LAWS WITH THE SECRETARY OF STATE:
1. Each local law shall be filed with the Secretary of State within 20 days after its
final adoption or approval as required by section 27 of the Municipal Home Rule
Law. The cited statute provides that a local law shall not become effective before
it is filed in the office of the Secretary of State.
2. Each local law to be filed with the Secretary of State shall be an original.
3. Each local law shall be filed on a form provided by the Department of State, as
attached hereto. In case additional pages are required, they must be on the same
letter size as the form provided. For convenience, printed, mimeographed or
typewritten copies of the local law may be pasted on the form, but these must not
be of a size larger than the form and printing must be on only one side of the
sheet. Only true and legible copies will be accept~d for filing.
4. ONLY THE NUMBER, TITLE AND TEXT OF THE LOCAL LAW SHALL BE
FILED. In case of a local law amending a previously enacted local law or
ordinance, the text must be that of the law as amended. Do not include in copy
parts of old law to be omitted.
5. For the purpose of filing with the Secretary of State, number local laws
consecutively, and start with the number one in each calendar year. It is
suggested that introductory identifying numbers be used while a proposed local
law is being considered.
6. Each copy of a local law filed with the Secretary of State shall have affixed to it
a certification by the Clerk of the County legislative body or the City, Town or
Village Clerk or other officer designated by the local legislative body. There shall
also be attached or annexed thereto a certification executed by the County
Attorney, Corporation Counsel, Town Attorney, Village Attorney or other
authorized attorney that the local law contains the correct text and that all proper
proceedings have been had or taken for its enactment. Certification forms are
provided herewith.
7. For filing purposes, local laws shall be mailed or delivered as follows:
An original for the Secretary of State:
State Records and Law Bureau
Department of State
One Commerce Plaza, 99 Washington Ave.
Albany, NY 12231
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(DO NOT FILE THIS INSTRUCTION SHEET WITH THE LOCAL LAW.)
DOS-239 INSTRUCTIONS (Rev. 05/05)
NEW YORK STATE DEPARTMENT OF STATE
Local Law Filing
(Use this form to file a 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.
o County
o City of
o Town
o Village
Local Law No.
of the year 20
A local law
(Insert Title)
Be it enacted by the
ofthe
(Name of Legislative Body)
o County
o City of
o Town
o Village
as follows:
(Delete this line of text and enter text of local law here)
(If additional space is needed, attach pages the same size as this sheet, and number each.)
Page 1 of 3
005-239 (Rev. 05/05)
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No.
the (County)(City)(Town)(Village) of
of 20 of
was duly passed by the
, in accordance with the applicable
on 20
(Name of Legislative Body)
provisions of law.
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective
Chief Executive Officer*.)
I hereby certify that the local law annexed hereto, designated as local law No.
the (County)(City)(Town)(Village) of
of 20 of
was duly passed by the
, and was (approved)( not approved)
on
20
(Name of Legislative Body)
(repassed after disapproval) by the
and was deemed duly adopted
on
20
(Elective Chief Executive Officer*)
, in accordance with the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No.
the (County)(City)(Town)(Village) of
of 20 of
was duly passed by the
, and was (approved)( not approved)
on 20
(Name of Legislative Body)
(repassed after disapproval) by the on 20
(Elective Chief Executive Officer*)
Such local law was submitted to the p~ople by reason of a (mandatory)(permissive) referendum, and received the affirmative
vote of a majority of the qualified electors voting thereon at the (general) (special)(annual) election held on
20 , in accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the (County)(City)(Town)(Village) of was duly passed by the
on 20 , and was (approved)(not approved)
(Name of Legislative Body)
(repassed after disapproval) by the
(Elective Chief Executive Officer*)
law was subject to permissive referendum and no valid petition requesting such referendum was filed as of
20 , in accordance with the applicable provisions of law.
on
20
. Such local
*
Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-wide basis or, if there be none,
the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the
power to approve or veto local laws or ordinances.
Page 2 of 3
005-239 (Rev. 05/05)
5. (City local law concerning Charter revision proposed by petition.)
I hereby certify that the. local law annexed hereto, designated as local law No. of 20 of
the City of having been submitted to referendum pursuant to the provisions of section (36)(37) of
the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting
thereon at the (special)(general) election held on 20, became operative.
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the County of State of New York, having been submitted to the electors at the General Election of
November 20, pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having
received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the
qualified electors of the towns of said county considered as a unit voting at said general election, became operative.
(If any other authorized form of final adoption has been followed, please provide an appropriate certification.)
I further certify that I have compared the preceding local law with the original on file in this office and that the same is a
correct transcript therefrom and of the whole of such original local law , and was finally adopted in the manner indicated in
paragraph , above.
Clerk of the county legislative body, City, Town or Village Clerk or
officer designated by local legislative body
(Seal)
Date:
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other
authorized attorney of locality.)
STATE OF NEW YORK
COUNTY OF
I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been
had or taken for the enactment of the local law annexed hereto.
Signature
Title
County
City of
Town
Village
Date:
Page 3 of 3
005-239 (Rev. 05/05)