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