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HomeMy WebLinkAbout2025-05-27-TB-FINAL-minutesTOWN BOARD MEETING Town of Ulysses May 27, 2025 The meeting was held in person at the Town Hall at 10 Elm St., Trumansburg NY as well as via Zoom videoconference. Notice of Town Board meetings are posted on the Town's website and Clerk's board. Video recordings of meetings are available on Youtube at https://www. youtube. com/channel/UCWV/s--p9CpHlxdk9YxZVPw. CALL TO ORDER: Ms. Olson called the meeting to order at 7pm. ATTENDANCE: TOWN OFFICIALS: In person- Supervisor- Katelin Olson Board members- Mary Bouchard, Liz Weatherby, Rich Goldman, Michael Boggs Town Clerk- Carissa Parlato Via Zoom- WSPPC (Water Source Protection Plan Committee) member & CSAC (Conservation & Sustainability Advisory Committee) chair- Roxanne Marino BZA member- Karen Meador OTHERS: In person - Ezra Delaney, Maureen Shallish, S. Pauen Via Zoom - Anne Koreman (Tompkins County Legislator) APPROVAL OF AGENDA: Ms. Olson noted that the agenda was posted last Friday and asked if there were any changes or additions. Mr. Boggs moved to approve the agenda as presented. This was seconded by Ms. Weatherby and passed unanimously. PUBLIC HEARING on A LOCAL LAW REPEALING AND REPLACING CHAPTER 89 ENTITLED "FLOOD DAMAGE PREVENTION": Ms. Olson noted that this is a model law created by NYSDEC following FEMA's update of the flood map for Tompkins County. Municipalities must adopt the law for residents to be able to qualify for flood insurance. Mr. Goldman moved to open the hearing at 7:02pm. This was seconded by Mr. Boggs and passed unanimously. Ms. Olson asked if anyone in public or online wished to address the board on this subject. 1 Ms. Shallish said that she had reached out to Ms. Olson about the effective dates and had her questions answered. Ms. Olson made a final request for comments. Hearing none, Mr. Goldman moved to close the hearing at 7:04pm. This was seconded by Mr. Boggs and passed unanimously. PRIVILEGE OF THE FLOOR (3 minutes per person): Ms. Marino reminded the board that this Thursday at 6pm is the public workshop on Well and Septic care. The agenda includes an update on WSSPP. Various presenters will share info on well -sampling and testing as well as septic repair. PRESENTATION: EZRA DELANEY. TRUMANSBURG CONSERVATORY OF FINE ARTS Mr. Delaney thanked all for their support. The project is set up in 2 phases, with quality and longevity in mind. The first phase includes structural repairs, ADA compliant bathroom, lobby renovation, installation of a lift from the floor to stage, siding, ornamental woodwork, roof replacement on the 1901 addition, and painting. The project is scheduled to finish this summer. $756K has been raised to pay for it. Phase 1B will include interior improvements such as lath & plaster replacement, insulation, painting, upgrading electrical, and an acoustical ceiling. They have received $328k from NYS Council on the Arts but will still need another $100k. Beyond that they would like to upgrade the parking lot and do other energy -efficiency projects. They have been able to continue programming at alternate locations during the process. OLD BUSINESS: Ms. Olson noted that the law must be passed by June 18. SEQR DETERMINATION FOR A PROPOSED LOCAL LAW TO REPEAL AND REPLACE CHAPTER 89 OF THE CODE OF THE TOWN OF ULYSSES ENTITLED "FLOOD DAMAGE PREVENTION" RESOLUTION # 89 OF 2025: SEAR DETERMINATION FOR A PROPOSED LOCAL LAW TO REPEAL AND REPLACE CHAPTER 89 OF THE CODE OF THE TOWN OF ULYSSES ENTITLED "FLOOD DAMAGE PREVENTION" WHEREAS, the proposed action is in consideration of a proposal to adopt a Local Law that would repeal and replace Chapter 89 of the Code of the Town of Ulysses entitled "Flood Damage Prevention"; and WHEREAS, the proposed action is an Unlisted action under the New York Codes, Rules, and Regulations (NYCRR) Title 6, Part 617 State Environmental Quality Review (SEQR), for which the Town of Ulysses Town Board is acting as Lead Agency in respect to the proposed local law; and WHEREAS, the Town Board, at a public meeting held on May 27, 2025, has reviewed and accepted as adequate the Short Environmental Assessment Form (SEAF), Part 1 for the proposed action; and WHEREAS, the proposal should not create a material conflict with the 2009 land use plan or with the current zoning regulations; and WHEREAS, the proposal should not result in a significant change in the use or intensity of use of land; and WHEREAS, the proposal should not impair the character or quality of the existing community; and WHEREAS, the proposal will not have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area; and WHEREAS, the proposal should not result in an adverse change to the existing level of traffic or affect existing infrastructure for mass transit, biking, or walkways; and WHEREAS, the proposal should not cause a significant increase in the use of energy; and WHEREAS, the proposal should not significantly impact existing water supplies or wastewater treatment utilities; and WHEREAS, the proposal should not impair the character or quality of important historic, archaeological, architectural or aesthetic resources; and WHEREAS, the proposal should not result in an adverse change to natural resources; and WHEREAS, the proposal should not result in a significant increase in the potential for erosion, flooding or drainage problems; and WHEREAS, the proposal should not create a hazard to environmental resources or human health. NOW, THEREFORE BE IT RESOLVED that the Town Board of the Town of Ulysses hereby makes a negative determination of environmental significance in accordance with the Consolidated Laws of New York Article 8 of the Environmental Conservation Law and NYCRR SEAR for the above referenced action as proposed, based on the information in the SEAF Part 1 and for the reasons set forth above and in SEAF Parts 2 and 3, and therefore, an Environmental Impact Statement will not be required. Moved: Ms. Bouchard Seconded: Ms. Weatherby ROLL -CALL VOTE: Olson aye Boggs aye Bouchard aye Goldman aye Weatherby aye Vote: 5-0 Date Adopted: 5/27/25 NEW BUSINESS: ADOPTING A PROPOSED LOCAL LAW REPEALING AND REPLACING CHAPTER 89 ENTITLED 'FLOOD DAMAGE PREVENTION' RESOLUTION # 90 OF 2025: ADOPTING LOCAL LAW 2 OF 2025- REPEALING AND REPLACING CHAPTER 89 ENTITLED "FLOOD DAMAGE PREVENTION" WHEREAS, the Town Board finds the following: 1. The Town of Ulysses has several areas within the Town that are subject to periodic flooding or have the potential to experience damages from flood waters during storm events. 2. The potential and/or actual damages from flooding and erosion may be a problem to the residents of the Town of Ulysses 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. 3. The Town of Ulysses participates in the National Flood Insurance Program (NFIP) so properties in Ulysses remain eligible for flood insurance. 4. The Federal Emergency Management Agency (FEMA) periodically updates the Flood Insurance Study for Tompkins County, to provide more accurate information concerning flood risks and impact, including properties located in Ulysses. 5. FEMA has established a deadline of June 18, 2025, for local jurisdictions to adopt revised flood damage prevention regulations to minimize the potential for damages from flood events. 6. FEMA has adopted new Flood Insurance Rate Maps that change the areas in Ulysses that are expected to be vulnerable to damages from flood events. 7. A new set of Flood Damage Prevention regulations have been proposed by FEMA for local jurisdictions to use to implement that will regulate uses which are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities; require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; control the alteration of natural floodplains, stream channels, and natural protective barriers which are involved in the accommodation of flood waters; control filling, grading, dredging and other development which may increase erosion or flood damages; regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands; and qualify and maintain for participation in the National Flood Insurance Program. 8. The objectives of the new set of Flood Damage Prevention regulations are to protect human life and health; to minimize expenditure of public money for costly flood control projects; to minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; to minimize prolonged business interruptions; to minimize damage to public facilities and utilities such as water and gas mains, electric, tele-phone, sewer lines, streets and bridges located in areas of special flood hazard; 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 4 future flood blight areas; to provide that developers are notified that property is in an area of special flood hazard; and to ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. 9. The Town' s current flood hazard local law became effective on March 11, 1987. 10. To minimize the threat of damages, and to achieve the purposes and objectives noted above, the amended local law for Flood Damage Prevention as drafted is warranted. 11. The Town Board finds that it is in the public interest to adopt this local law, and that such local law is necessary to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas. NOW, THEREFORE, THE TOWN OF ULYSSES RESOLVES THE FOLLOWING: Section 1. FINDINGS OF FACT. The Recitals set forth above are adopted as the Findings of Fact in support of adoption of this local law. Section 2. REPEALER AND REPLACEMENT. Local Law No. 2 of 2025 entitled "A Local Law Repealing and Replacing Chapter 89 of the Town Code entitled "Flood Damage Prevention" is hereby adopted. Section 3. EFFECTIVE DATE. This resolution will take effect upon the filing of Local Law No. 2 of 2025 with the Department of State. Moved: Ms. Olson Seconded: Mr. Boggs ROLL -CALL VOTE: Olson aye Boggs Bouchard aye Goldman aye Weatherby aye Vote: 5-0 Date Adopted: 5/27/25 UPDATE ON FLOOD INFORMATION AVAILABLE THROUGH TOMPKINS COUNTY TO ACCOMPANY NEW FEMA MAPS Ms. Olson drew attention to Tompkins County's flood zone website as there are now a number of properties in the county (although only a few in Ulysses) that are now in a flood zone. NEW BUSINESS: HOUSE NUMBERING 5 Ms. Olson said that Tompkins County is considering taking over house numbering/addressing for all the municipalities in the county to help streamline the process. APPOINTMENT TO TREE COMMITTEE: RESOLUTION # 91 OF 2025: APPOINTMENT TO TREE COMMITTEE RESOLVED, that the Ulysses Town Board appoints Suzanne Hillman to the Tree Committee with a term ending Dec. 31, 2025. Moved: Ms. Olson Seconded: Ms. Bouchard Olson aye Boggs aye Bouchard aye Goldman aye Weatherby aye Vote: 5-0 Date Adopted: 5/27/25 Ms. Olson made a friendly amendment to say that the term will be through Dec. 31, 2025.Ms. Bouchard seconded this and all voted in favor. UPCOMING EVENTS June 10 — Regular Town Board Meeting, 7pm @ Town Hall- will start discussing SEQR and Draft donation agreement for land. Niels will join + Planning Board/ DD3 June 18 — Staff Annual Training @ Town Hall June 18 — Board and Committee Annual Training, 5-7pm June 19 — Town Buildings Closed for Juneteenth June 24 — Regular Town Board Meeting, 7pm @ Town Hall APPROVAL OF MINUTES: RESOLUTION # 92 OF 2025: APPROVAL OF MINUTES RESOLVED, that the Ulysses Town Board approve the meeting minutes, as presented/amended, from April 22, 2025 (regular meeting) and May 13, 2025 (regular meeting). Moved: Ms. Bouchard Seconded: Ms. Weatherby Olson aye Boggs aye Bouchard aye Goldman aye Weatherby aye Vote: 5-0 Date Adopted: 5/27/25 PARKING LOT UPDATE: Ms. Olson said that the Highway/DPW has removed the town -owned pavement from the neighboring property and will tamp it tomorrow. Additional fill was needed since the asphalt was thicker than originally thought. Ms. Weatherby said that the CPSC will meet next week on Wed. 6/4 to review some draft chapters. They hope to be done reviewing in September and then share it with the public. PRIVILEGE OF THE FLOOR (3 min limit per person): Ms. Shallish referred to a Facebook posting regarding the parking lot and noted that the information shared was not accurate. She wondered if the town would consider an FAQ. She complimented the board on the accessibility of the new lot. Ms. Olson responded that she is hoping to do an open house for the public and noted some of the complexities of public (taxpayer -funded) projects including goals longevity/quality, prevailing wage, and engineering. ADJOURN: Mr. Goldman made a motion to adjourn at 7:52pm. This was seconded by Ms. Bouchard and passed unanimously. Respectfully submitted by Carissa Parlato, Town Clerk, 6/3/25 APPENDIX: SEQR for LL2 of 2025 Local Law 2 of 2025 Short Environmental Assessment Form Part 1- Project Information Instructions for Completing Part 1— Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding, are subject to public review, and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item, please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency; attach additional pages as necessary to supplement any item. Part 1— Project and Sponsor Information Name of Action or Project: Zoning Code Amendment to Board of Zoning Appeals Project Location (describe, and attach a location map): Town -wide Brief Description of Proposed Action: The intent of the proposed action is to amend portions of the Code of the Town of Ulysses, including repealing and replacing Chapter 89 Flood Damage Prevention in its entirety. This action is required under Federal law for the Town to continue to be eligible in the National Flood Insurance Program due to the Federal Emergency Management Agency's updated Flood Insurance Study and Flood Insurance Rate Maps for the Town. Name of Applicant or Sponsor: Telephone: p 607.387.5767 x232 E -Mail: supervisor@townofulyssesny.gov Town of Ulysses Town Board Address: 10 Elm Street City/PO: State: Zip Code: Trumanburg NY 14886 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, NO YES administrative rule, or regulation? If Yes, attach a narrative description of the intent of the proposed action and the environmental resources that ❑ ❑✓ may be affected in the municipality and proceed to Part 2. If no, continue to question 2. 2. Does the proposed action require a permit, approval or funding from any other government Agency? NO YES If Yes, list agency(s) name and permit or approval: ❑ ❑ 3. a. Total acreage of the site of the proposed action? acres b. Total acreage to be physically disturbed? acres c. Total acreage (project site and any contiguous properties) owned or controlled by the applicant or project sponsor? acres 4. Check all land uses that occur on, are adjoining or near the proposed action: ❑ Urban ❑ Rural (non -agriculture) ❑ Industrial ❑ Commercial ❑ Residential (suburban) ❑ Forest ❑ Agriculture ❑ Aquatic ❑ Other(Specify): ❑ Parkland Page 1 of 3 SEAF 2019 5. Is the proposed action, a. A permitted use under the zoning regulations? b. Consistent with the adopted comprehensive plan? NO YES N/A ❑ ❑ ❑ ❑ ❑ ❑ 6. Is the proposed action consistent with the predominant character of the existing built or natural landscape? NO YES ❑ ❑ 7. Is the site of the proposed action located in, or does it adjoin, a state listed Critical Environmental Area? If Yes, identify: NO YES ❑ ❑ 8. a. Will the proposed action result in a substantial increase in traffic above present levels? b. Are public transportation services available at or near the site of the proposed action? c. Are any pedestrian accommodations or bicycle routes available on or near the site of the proposed action? NO YES ❑ ❑ ❑ ❑ ❑ ❑ 9. Does the proposed action meet or exceed the state energy code requirements? If the proposed action will exceed requirements, describe design features and technologies: NO YES ❑ ❑ 10. Will the proposed action connect to an existing public/private water supply? If No, describe method for providing potable water: NO YES 11. Will the proposed action connect to existing wastewater utilities? If No, describe method for providing wastewater treatment: NO YES ❑ ❑ 12. a. Does the project site contain, or is it substantially contiguous to, a building, archaeological site, or district which is listed on the National or State Register of Historic Places, or that has been determined by the Commissioner of the NYS Office of Parks, Recreation and Historic Preservation to be eligible for listing on the State Register of Historic Places? b. Is the project site, or any portion of it, located in or adjacent to an area designated as sensitive for archaeological sites on the NY State Historic Preservation Office (SHPO) archaeological site inventory? NO YES ❑ ❑ ❑ ❑ 13. a. Does any portion of the site of the proposed action, or lands adjoining the proposed action, contain wetlands or other waterbodies regulated by a federal, state or local agency? b. Would the proposed action physically alter, or encroach into, any existing wetland or waterbody? If Yes, identify the wetland or waterbody and extent of alterations in square feet or acres: NO YES ❑ ❑ ❑ ❑ Page 2 of 3 14. Identify the typical habitat types that occur on, or are likely to be found on the project site. Check all that apply: ❑ Shoreline ❑ Forest ❑ Agricultural/grasslands ❑ Early mid -successional ❑ Wetland El Urban ❑ Suburban 15. Does the site of the proposed action contain any species of animal, or associated habitats, listed by the State or Federal government as threatened or endangered? NO YES ❑ ❑ 16. Is the project site located in the 100 -year flood plan? NO YES ❑ ❑ 17. Will the proposed action create storm water discharge, either from point or non -point sources? If Yes, a. Will storm water discharges flow to adjacent properties? b. Will storm water discharges be directed to established conveyance systems (runoff and storm drains)? If Yes, briefly describe: NO YES ❑ ❑ ❑ ❑ ❑ ❑ 18. Does the proposed action include construction or other activities that would result in the impoundment of water or other liquids (e.g., retention pond, waste lagoon, dam)? If Yes, explain the purpose and size of the impoundment: NO YES .19. Has the site of the proposed action or an adjoining property been the location of an active or closed solid waste management facility? If Yes, describe: NO YES ❑ ❑ 20.Has the site of the proposed action or an adjoining property been the subject of remediation (ongoing or completed) for hazardous waste? If Yes, describe: NO YES I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor/name: Town of Ulysses Date: 0X.XX.2025 Signature: Title: Town Supervisor PRINT FORM Page 3 of 3 SUBJECT: Amendments to the Code of the Town of Ulysses, SEAF Part 1 Narrative PROJECT NUMBER: CA2505-01 PROJECT LOCATION: Town -wide The intent of the proposed action is to amend portions of the Code of the Town of Ulysses, including repealing and replacing Chapter 89 Flood Damage Prevention in its entirety. This action is required under Federal law for the Town to continue to be eligible in the National Flood Insurance Program due to the Federal Emergency Management Agency's updated Flood Insurance Study and Flood Insurance Rate Maps for the Town. SUBJECT: Amendments to the Code of the Town of Ulysses, SEAF Part 1 Location Map PROJECT NUMBER: CA2505-01 PROJECT LOCATION: Town -wide T I � Dwn of Ulysses, Official Map 2019 OFFICIAL MAP Town of Ulysses __ TOMPKINS COUNTY NEW YORK \ 1£8089 o E o� uUM uRG 1972 \N - PPRK BD�MId11iY -- NORTH \ rtioM 1981 \ RFVR'PO MI? 18 1980 S. �. \ F8i9960 PARCH 9/, 80/9 \ Gm� \ \ \N SCALE 1" o /500' 4E CAYUGA LAKE 4 f J �M•w..1 � . t �� Amendments to the Code of the Town of Ulysses, SEAF Part 1 Location Map Page 1 of 1 Agency Use Only [If applicable] Project: CA2505-01, Flood Zone Regs Update Date: 05.27.2025 Short Environmental Assessment Form Part 2- Impact Assessment Part 2 is to be completed by the Lead Agency. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept "Have my responses been reasonable considering the scale and context of the proposed action?" No, or Moderate small to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning ❑✓ ❑ regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? ❑ ❑ 3. Will the proposed action impair the character or quality of the existing community? ❑ ❑ 4. Will the proposed action have an impact on the environmental characteristics that caused the / ❑ establishment of a Critical Environmental Area (CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or ❑ affect existing infrastructure for mass transit, biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate ❑ reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: ❑ a. public / private water supplies? ❑✓ ❑ b. public / private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic, archaeological, ❑ ❑ architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources (e.g., wetlands, ❑ waterbodies, groundwater, air quality, flora and fauna)? 10. Will the proposed action result in an increase in the potential for erosion, flooding or drainage / ❑ problems? 11. Will the proposed action create a hazard to environmental resources or human health? ❑� ❑ PRINT FORM Pagel oft SERF 2019 Agency Use Only [If applicable] project: CA2505-01, Flood Zone Date: 105.27.2025 Short Environmental Assessment Form Part 3 Determination of Significance For every question in Part 2 that was answered "moderate to large impact may occur", or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact, please complete Part 3. Part 3 should, in sufficient detail, identify the impact, including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant. Each potential impact should be assessed considering its setting, probability of occurring, duration, irreversibility, geographic scope and magnitude. Also consider the potential for short- term, long-term and cumulative impacts. The proposal to repeal and replace regulations pertaining to Flood Damage Prevention should not create any moderate to large impacts and should not result in a significant adverse environmental impact. flCheck this box if you have determined, based on the information and analysis above, and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. Check this box if you have determined, based on the information and analysis above, and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Town of Ulysses Town Board Name of Lead Agency Katelin Olson Print Tzpc2 am I Responsible Officer in Lead Agency Signature of Responsible Officer in Lead Agency 05.27.2025 Date Town Supervisor Title of Responsible Officer Signature of Preparer (if different from Responsible Officer) PRINT FORM Page 2 of 2 TOWN OF ULYSSES 10 Elm Street, Trumansburg, NY 14886 townofulyssesnygov Town Supervisor (607) 387-5767, Ext 232 • supervisor@townofulyssesny.gov Town Clerk (607) 387-5767, Ext 221 • clerk@townofulyssesny.gov LOCAL LAW NO. 2 FOR THE YEAR 2025 A LOCAL LAW REPEALING AND REPLACING CHAPTER 89 ENTITLED "FLOOD DAMAGE PREVENTION" Be it enacted by the Town Board of the Town of Ulysses as follows: Section 1. Chapter 89 of the Town Code entitled "Flood Damage Prevention" shall be repealed and replaced with the following: Table of Contents LANDS TO WHICH THIS CHAPTER APPLIES BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD INTERPRETATION AND CONFLICT WITH OTHER LAWS PENALTIES FOR NON-COMPLIANCE WARNING AND DISCLAIMER OF LIABILITY DESIGNATION OF THE LOCAL ADMINISTRATOR THE FLOODPLAIN DEVELOPMENT PERMIT APPLICATION FOR A PERMIT DUTIES AND RESPONSIBILITIES OF THE LOCAL ADMINISTRATOR CONSTRUCTION STANDARDS VARIANCE PROCEDURE DEFINITIONS § 89-10 LANDS TO WHICH THIS CHAPTER APPLIES. This chapter shall apply to all areas of special flood hazard within the jurisdiction of the Town of Ulysses, Tompkins County. § 89-20 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD. The areas of special flood hazard for the Town of Ulysses, Community Number 360854 are identified and defined on the following documents prepared by the Federal Emergency Management Agency. A. Flood Insurance Rate Map Panels: 36109C0062D, 36109C0064D, 36109C0066D, 36109C0067D, 36109C0086D, 36109C0087D, 36109C0088D, 36109C0089D, 36109C0094D, 36109C0152D, 36109C0156D, 36109C0157D, 36109C0181D, 36109C0182D 36109C0068D, 36109C0091D, 36109C0176D, 36109C0069D, 36109C0093D, 36109C0177D, TOWN OF ULYSSES 10 Elm Street, Trumansburg, NY 14886 townofulyssesnygov whose effective date is June 18, 2025. B. A scientific and engineering report entitled "Flood Insurance Study, Tompkins County, New York, (All Jurisdictions)," dated June 18, 2025. The above documents are hereby adopted and declared to be a part of this chapter. The Flood Insurance Study and/or maps are on file at 10 Elm Street, Trumansburg, NY 14886. § 89-30 INTERPRETATION AND CONFLICT WITH OTHER LAWS. These regulations include all revisions to the National Flood Insurance Program through June 26, 2001, and shall supersede all previous laws adopted for the purpose of flood damage prevention. In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements, adopted for the promotion of the public health, safety, and welfare. Whenever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations, or ordinances, the most restrictive, or that imposing the higher standards, shall govern. § 89-40 PENALTIES FOR NON-COMPLIANCE. No structure in an area of special flood hazard shall hereafter be constructed, located, extended, con-verted, or altered and no land shall be excavated or filled without full compliance with the terms of this chapter and any other applicable regulations. Any infraction of the provisions of this chapter by failure to comply with any of its requirements, including infractions of conditions and safeguards established in connection with conditions of the permit, shall constitute a violation. Any person who violates this chapter or fails to comply with any of its requirements shall, upon conviction thereof, be 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 Town of Ulysses from taking such other lawful action as necessary to prevent or remedy an infraction. Any structure found not compliant with the requirements of this chapter for which the developer and/or owner has not applied for and received an approved variance under Section 89-110 will be declared non -compliant and notification sent to the Federal Emergency Management Agency. § 89-50 WARNING AND DISCLAIMER OF LIABILITY. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This chapter does not imply that land outside the area of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the Town of Ulysses any officer or employee thereof, or the Federal Emergency Management Agency, for any flood damages that result from reliance on this chapter, or any administrative decision lawfully made there under. § 89-60 DESIGNATION OF THE LOCAL ADMINISTRATOR. The zoning officer is hereby appointed Local Administrator to administer and implement this chapter by granting or denying floodplain development permits in accordance with its provisions. TOWN OF ULYSSES 10 Elm Street, Trumansburg, NY 14886 townofulyssesnygov § 89-70 THE FLOODPLAIN DEVELOPMENT PERMIT. A floodplain development permit is hereby established for all construction and other development to be undertaken in areas of special flood hazard in this community for the purpose of protecting its citizens from increased flood hazards and ensuring that new development is constructed in a manner that minimizes its exposure to flooding. It shall be unlawful to undertake any development in an area of special flood hazard, as shown on the Flood Insurance Rate Map enumerated in Section 89-20, without a valid floodplain development permit. Application for a permit shall be made on forms furnished by the Local Administrator and may include, but not be limited to: plans, in duplicate, drawn to scale and showing: the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing. All applications for a floodplain development permit shall be accompanied by application fee set by the Town Board. In addition, the applicant shall be responsible for reimbursing the Town of Ulysses for any additional costs necessary for review, inspection and approval of this project. The Local Administrator may require a deposit of no more than $500.00 to cover these additional costs. § 89-80 APPLICATION FOR A PERMIT. The applicant shall provide the following information as appropriate. Additional information may be required on the permit application form. A. The proposed elevation, in relation to mean sea level, of the lowest floor (including basement or cellar) of any new or substantially improved residential structure to be located in a special flood hazard area. 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. B. The proposed elevation, in relation to mean sea level, of the lowest floor (including basement or cellar) of any new or substantially improved non-residential structure to be located in Zones Al -A30, AE, or AH or Zone A if base 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. C. The proposed elevation, in relation to mean sea level, to which any new or substantially improved 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. D. A certificate from a licensed professional engineer or architect that any utility floodproofing will meet the criteria in Section 89-100.B.3, UTILITIES. E. A certificate from a licensed professional engineer or architect that any non-residential flood -proofed structure will meet the floodproofing criteria in Section 89-100.B.6, NONRESIDENTIAL STRUCTURES. F. A description of the extent to which any watercourse will be altered or relocated as a result of pro -posed development. Computations by a licensed professional engineer must be submitted that demonstrate that the altered or relocated segment will provide equal or greater conveyance than the original stream segment. The applicant must submit any maps, computations or other material required by the Federal Emergency Management Agency (FEMA) to revise the documents enumerated in Section 89-20, when notified by the Local Administrator, and must pay any fees or other costs assessed by FEMA for this purpose. The TOWN OF ULYSSES 10 Elm Street, Trumansburg, NY 14886 townofulyssesnygov applicant must also provide assurances that the conveyance capacity of the altered or relocated stream segment will be maintained. G. A technical analysis, by a licensed professional engineer, if required by the Local Administrator, which shows whether proposed development to be located in an area of special flood hazard may result in physical damage to any other property. H. In Zone 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 vehicle parks and subdivisions) that are greater than either 50 lots or 5 acres. § 89-90 DUTIES AND RESPONSIBILITIES OF THE LOCAL ADMINISTRATOR. Duties of the Local Administrator shall include, but not be limited to the following. A. PERMIT APPLICATION REVIEW. The Local Administrator shall conduct the following permit application review before issuing a floodplain development permit: Review all applications for completeness, particularly with the requirements of Section 89-80, APPLICATION FORA PERMIT, and for compliance with the provisions and standards of this chapter. 2. Review subdivision and other proposed new development, including manufactured home parks to determine whether proposed building sites will be reasonably safe from flooding. If a proposed building site is located in an area of special flood hazard, all new construction and substantial improvements shall meet the applicable standards of Section 89-100, CONSTRUCTION STANDARDS and, in particular, Section 89-100.A.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 increased flood velocities). The Local Administrator may require the applicant to submit additional technical analyses and data necessary to complete the determination. If the proposed development may result in physical damage to any other property or fails to meet the requirements of Section 89-100, 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. B. USE OF OTHER FLOOD DATA When the Federal Emergency Management Agency has designated areas of special flood hazard on the community's Flood Insurance Rate map (FIRM) but has neither produced water surface elevation data (these areas are designated Zone A or V on the FIRM) nor identified a floodway, the Local Administrator shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a Federal, State or other source, including data developed pursuant to Section 89-80.G, TOWN OF ULYSSES 10 Elm Street, Trumansburg, NY 14886 townofulyssesnygov as criteria for requiring that new construction, substantial improvements or other proposed development meet the requirements of this chapter. 2. When base flood elevation data are not available, the Local Administrator may use flood information from any other authoritative source, such as historical data, to establish flood elevations within the areas of special flood hazard, for the purposes of this chapter. 3. When an area of special flood hazard, base flood elevation, and/or floodway data are available from a Federal, State or other authoritative source, but differ from the data in the documents enumerated in Section 89-20, the Local Administrator may reasonably utilize the other flood information to enforce more restrictive development standards. C. ALTERATION OF WATERCOURSES Notification to adjacent municipalities that may be affected and the New York State Department of Environmental Conservation prior to permitting any alteration or relocation of a watercourse and submit 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 diminished. D. CONSTRUCTION STAGE In Zones Al -A30, AE and AH, and Zone A if base flood elevation data are available, upon placement of the lowest floor or completion of floodproofing of a new or substantially improved structure, obtain from the permit holder a certification of the as -built elevation of the lowest floor or floodproofed elevation, in relation to mean sea level. The certificate shall be prepared by or under the direct supervision of a licensed land surveyor or professional engineer and certified by same. For manufactured homes, the permit holder shall submit the certificate of elevation upon placement of the structure on the site. A certificate of elevation must also be submitted for a recreational vehicle if it remains on a site for 180 consecutive days or longer (unless it is fully licensed and ready for highway use). 2. Any further work undertaken prior to submission and approval of the certification shall be at the permit holder's risk. The Local Administrator shall review all data submitted. Deficiencies detected shall be cause to issue a stop work order for the project unless immediately corrected. E. INSPECTIONS. The Local Administrator and/or the developer's engineer or architect shall make periodic inspections at appropriate times throughout the period of construction to monitor compliance with permit conditions and enable said inspector to certify, if requested, that the development is in compliance with the requirements of the floodplain development permit and/or any variance provisions. F. STOP WORK ORDERS TOWN OF ULYSSES 10 Elm Street, Trumansburg, NY 14886 townofulyssesnygov 1. The Local Administrator shall issue, or cause to be issued, a stop work order for any floodplain development found ongoing without a development permit. Disregard of a stop work order shall subject the violator to the penalties described in Section 89-40. 2. The Local Administrator shall issue, or cause to be issued, a stop work order for any floodplain development found non -compliant with the provisions of this chapter and/or the conditions of the development permit. Disregard of a stop work order shall subject the violator to the penalties described in Section 89-40. G. CERTIFICATE OF COMPLIANCE In areas of special flood hazard, as determined by documents enumerated in Section 89-20, it shall be unlawful to occupy or to permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted or wholly or partly altered or enlarged in its use or structure until a certificate of compliance has been issued by the Local Administrator stating that the building or land conforms to the requirements of this chapter. 2. A certificate of compliance shall be issued by the Local Administrator upon satisfactory completion of all development in areas of special flood hazard. 3. Issuance of the certificate shall be based upon the inspections conducted as prescribed in Section 89- 90.E, INSPECTIONS, and/or any certified elevations, hydraulic data, floodproofing, anchoring requirements or encroachment analyses which may have been required as a condition of the approved permit. H. INFORMATION TO BE RETAINED. The Local Administrator shall retain and make available for inspection, copies of the following: 1. Floodplain development permits and certificates of compliance; 2. Certifications of as -built lowest floor elevations of structures, required pursuant to Sections 89-90.D.1 and 89-90.D.2, and whether or not the structures contain a basement; 3. Floodproofing certificates required pursuant to Section 89-90.D, and whether or not the structures contain a basement; 4. Variances issued pursuant to Section 89-110, VARIANCE PROCEDURES; and, 5. Notices required under Section 89-90.C, ALTERATION OF WATERCOURSES. § 89-100 CONSTRUCTION STANDARDS. A. 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 89-20. 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 vehicle parks and subdivisions): TOWN OF ULYSSES 10 Elm Street, Trumansburg, NY 14886 townofulyssesnygov a. proposals shall be consistent with the need to minimize flood damage; b. Public utilities and facilities such as sewer, gas, electrical and water systems shall be located and constructed so as to minimize flood damage; and, c. Adequate drainage shall be provided to reduce exposure to flood damage. 2. ENCROACHMENTS a. Within Zones Al -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 development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any location, or, (ii) the Town of Ulysses agrees to apply to the Federal Emergency Management Agency (FEMA)for a conditional FIRM revision, FEMA approval is received and the applicant provides all necessary data, analyses and mapping and reimburses the Town of Ulysses for all fees and other costs in relation to the application. The applicant must also provide all data, analyses and mapping and reimburse the Town of Ulysses for all costs related to the final map revision. b. On streams with a regulatory floodway, as shown on the Flood Boundary and Floodway Map or the Flood Insurance Rate Map adopted in Section 89-20, no new construction, substantial improvements or other development in the floodway (including fill) shall be permitted unless: (i) a technical evaluation by a licensed professional engineer demonstrates through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that such an encroachment shall not result in any increase in flood levels during occurrence of the base flood, or, (ii) the Town of Ulysses agrees to apply to the Federal Emergency Management Agen-cy (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 Town of Ulysses for all fees and other costs in relation to the application. The applicant must also provide all data, analyses and mapping and reimburse the Town of Ulysses for all costs related to the final map revisions. c. In Zones Al -A30, AE and AH, and also Zone A if base flood elevation data are available, if any development is found to increase or decrease base flood elevations, the Town of Ulysses shall as soon as practicable, but not later than six months after the date such information becomes available, notify FEMA and the New York State Department of Environmental Conservation of the changes by submitting technical or scientific data in accordance with standard engineering practice. B. 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 89-20. TOWN OF ULYSSES 10 Elm Street, Trumansburg, NY 14886 townofulyssesnygov 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 resisting wind forces. 2. CONSTRUCTION MATERIALS AND METHODS. a. New construction and substantial improvements to structures shall be constructed with materials and utility equipment resistant to flood damage. b. New construction and substantial improvements to structures shall be constructed using methods and practices that minimize flood damage. c. For enclosed areas below the lowest floor of a structure within Zones Al -A30, AE, AO or A, new and substantially improved structures shall have fully enclosed areas below the lowest floor that are useable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding, designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of 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 of each enclosed area 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 no higher than one foot above the lowest adjacent finished grade and; (iii) openings not less than three inches in any direction. Openings may be equipped with louvers, valves, screens or other coverings or devices pro-vided they permit the automatic entry and exit of floodwaters. Enclosed areas sub -grade on all sides are considered basements and are not permitted. 3. UTILITIES a. 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, at least three feet above the highest adjacent grade in a Zone A without an available base flood elevation where permitted, or be designed to prevent water from entering and accumulating within the components during a flood and to resist hydrostatic and hydrodynamic loads and stresses. Electrical wiring and outlets, switches, junction boxes and panels shall be elevated or designed to prevent water from entering and accumulating 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; b. New and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system; TOWN OF ULYSSES 10 Elm Street, Trumansburg, NY 14886 townofulyssesnygov c. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters. Sanitary sewer and storm drainage systems for buildings that have openings below the base flood elevation shall be provided with automatic backflow valves or other automatic backflow devices that are installed in each discharge line passing through a building's exterior wall; and, d. On -site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. 4. STORAGE TANKS a. Underground tanks shall be anchored to prevent flotation, collapse and lateral movement during conditions of the base flood. b. Above -ground tanks shall be: (i) anchored to prevent floatation, collapse or lateral movement during conditions of the base flood or; (ii) installed at or above the base flood elevation as shown on the Flood Insurance Rate Map enumerated in Section 89-20 plus two feet. 5. RESIDENTIAL STRUCTURES a. ELEVATION. The following standards apply to new and substantially improved residential structures located in areas of special flood hazard, in addition to the requirements in Sections 89-100.A.1, SUBDIVISION PROPOSALS, and 89-100.A.2, ENCROACHMENTS, and Section 89-100.B, STANDARDS FOR ALL STRUCTURES. (i) Within Special Flood Hazard Areas, new construction and substantial improvements shall have the lowest floor (including basement) elevated to or above two feet above the base flood elevation. (ii) Within Zone A, if the Base flood elevation is not specified, a base flood elevation shall be determined by either of the following: (a) Obtain and reasonably use data available from a federal, state or other source plus 2 feet of freeboard or: (b) Determine the base flood elevation in accordance with accepted hydrologic and hydraulic engineering practices, plus freeboard. Determinations shall be undertaken by a registered design professional who shall be documented that the technical methods used reflect currently accepted engineering practice. Studies, analyses, and computations shall be submitted in sufficient detail to allow thorough review and approval. (iii)Within Zone AO, new construction and substantial improvements shall have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the community's Flood Insurance Rate Map enumerated in Section 89-20 plus two feet of freeboard, or not less than 3 feet if a depth number is not specified. (iv) Within Zones AH and AO, adequate drainage paths are required to guide flood waters TOWN OF ULYSSES 10 Elm Street, Trumansburg, NY 14886 townofulyssesnygov around and away from proposed structures on slopes. 6. 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 Sections 89-100.A.1, SUBDIVISION PROPOSALS, and 89-100.A.2, ENCROACHMENTS, and Section 89-100.B, STANDARDS FOR ALL STRUCTURES. a. Within Zones Al -A30, AE and AH, and also Zone A if base flood elevation data are available, new construction and substantial improvements of any non-residential structure shall either: (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 substantially impermeable to the passage of water. All structural components located below the base flood level must be capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. b. Within Zone AO, new construction and substantial improvements of non-residential structures shall: (i) have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the community's FIRM plus two feet (at least three feet if no 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 Section 89-100.B.6.a.ii. c. If the structure is to be floodproofed, a licensed professional engineer or architect shall develop and/or review structural design, specifications, and plans for construction. A Floodproofing Certificate or other certification shall be provided to the Local Administrator that certifies the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions of Section 89-100.B.6.a.ii, including the specific elevation (in relation to mean sea level) to which the structure is to be floodproofed. d. Within Zones AH and AO, adequate drainage paths are required to guide flood waters around and away from proposed structures on slopes. e. 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. 7. MANUFACTURED HOMES AND RECREATIONAL VEHICLES. The following standards in addition to the standards in Section 89-100.A, GENERAL STANDARDS, and Section 89-100.B, STANDARDS FOR ALL STRUCTURES apply, as indicated, in areas of special flood hazard to manufactured homes and to recreational vehicles which are located in areas of special flood hazard. a. Recreational vehicles placed on sites within Zones Al -A30, AE and AH shall either: (i) be on site fewer than 180 consecutive days, TOWN OF ULYSSES 10 Elm Street, Trumansburg, NY 14886 townofulyssesnygov (ii) be fully licensed and ready for highway use, or (iii)meet the requirements for manufactured homes in Sections 89-100.B.7.b through 89- 100.B.7.d. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices and has no permanently attached additions. b. A manufactured home that is placed or substantially improved in Zones Al -A30, AE, AH and Zone A shall be elevated on a permanent foundation such that the bottom of the frame of the manufactured home chassis 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. c. Within Zone AO, the bottom of the frame of the manufactured home chassis shall be elevated above the highest adjacent grade at least as high as the depth number specified on the Flood Insurance Rate Map enumerated in Section 89-20 plus two feet (at least three feet if no depth number is specified). d. The foundation and anchorage of manufactured homes to be located in identified floodways shall be designed and constructed in accordance with Section 89-100.B.1, ANCHORING. 8. ACCESSORY STRUCTURES INCLUDING DETACHED GARAGES. The following standards apply to new and substantially improved accessory structures, including detached garages, in the areas of special flood hazard shown on the FIRM per Section 89-20. a. The accessory structure must meet the definition of structure, for floodplain management purposes, provided in 44 CFR § 59.1, where walled and roofed shall be interpreted as having two outside rigid walls and a fully secured roof. b. The accessory structure should be small, as defined by the community and approved by FEMA, and represent a minimal investment. Accessory structures of any size may be considered for a variance; however, FEMA considers accessory structures that meet the following criteria to be small and therefore not necessarily in need of a variance, if the community chooses to allow it: (i) Located in an A Zone (A, AE, Al -A30, AR, A99) and less than or equal to the size of a one- story, two -car garage. c. Accessory structures must meet the standards of Section 89-100.B.1, ANCHORING, d. The portions of the accessory structure located below BFE plus two feet of freeboard must be con-structed with flood -resistant materials. e. Mechanical and utility equipment for the accessory structure must be elevated or dry floodproofed to or above BFE plus two feet of freeboard. f. Within Zones AO and Zone A, if base flood elevation data are not available, areas below three feet above the highest adjacent grade shall be constructed using methods and practices that minimize flood damage. g. The accessory structure must comply with the floodway encroachment provisions of the NFIP. TOWN OF ULYSSES 10 Elm Street, Trumansburg, NY 14886 townofulyssesnygov h. The accessory structure must be wet floodproofed to protect the structure from hydrostatic pressure. The design must meet the NFIP design and performance standards for openings per 44 CFR § 60.3(c)(5) and must allow for the automatic entry and exit of floodwaters without manual operation or the presence of a person (or persons). § 89-110 VARIANCE PROCEDURE. A. APPEALS BOARD 1. The Board of Zoning Appeals (BZA) shall hear and decide appeals and requests for variances from the requirements of this chapter. 2. The BZA shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Local Administrator in the enforcement or administration of this chapter. 3. Those aggrieved by the decision of the BZA may appeal such decision to the Supreme Court pursuant to Article 78 of the Civil Practice Law and Rules. 4. In passing upon such applications, the BZA shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter and: a. the danger that materials may be swept onto other lands to the injury of others; b. the danger to life and property due to flooding or erosion damage; c. the susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; d. the importance of the services provided by the proposed facility to the community; e. the necessity to the facility of a waterfront location, where applicable; f. the availability of alternative locations for the proposed use which are not subject to flooding or erosion damage; g. the compatibility of the proposed use with existing and anticipated development; h. the relationship of the proposed use to the comprehensive plan and floodplain management program of that area; i. the safety of access to the property in times of flood for ordinary and emergency vehicles; j. the costs to local governments and the dangers associated with conducting search and rescue operations during periods of flooding; k. 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 1. 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 89-110.A.4 and the purposes of this chapter, the BZA may TOWN OF ULYSSES 10 Elm Street, Trumansburg, NY 14886 townofulyssesnygov attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter. 6. The Local Administrator shall maintain the records of all appeal actions including technical in- formation and report any variances to the Federal Emergency Management Agency upon request. B. 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 existing structures constructed below the base flood level, providing items in Section 89-110.A.4 have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases. 2. Variances may be issued for the repair or rehabilitation of historic structures upon determination that: a. the proposed repair or rehabilitation will not preclude the structure's continued designation as a "Historic structure"; and b. the variance is the minimum necessary to preserve the historic character and design of the structure. 3. Variances may be issued by a community for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that: a. the criteria of Section 89-110.B.1 and 89-110.B.4 through 89-110.B.6 are met; and b. 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 necessary, considering the flood hazard, to afford relief. 6. Variances shall only be issued upon receiving written justification of: a. a showing of good and sufficient cause; b. a determination that failure to grant the variance would result in exceptional hardship to the applicant; and c. a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public 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: a. the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance TOWN OF ULYSSES 10 Elm Street, Trumansburg, NY 14886 townofulyssesnygov coverage; and b. 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 89-90.H. § 89-120 DEFINITIONS. The following definitions pertain to this chapter, as amended, and unless expressly provided otherwise, to all other provisions of this title that are governed by this chapter. A. "Accessory Structure" is a non -habitable structure, representing a minimal investment of not more than 10 percent of the value of the primary structure. B. "Alteration of watercourse" means any action that will change the location of the channel occupied by water within the banks of any portion of a riverine water body. Alteration also includes changes (usually improvements) to drainage, or an increase/decrease flood carrying capacity. C. "Appeal" means a request for a review of the interpretation of any provision of this chapter or a request for a variance. D. "Area of shallow flooding" means a designated zone AO, AH, AR/AO or AR/AH (or VO) on a community's flood insurance rate map (FIRM) with a one percent or greater annual chance of flooding to an average 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. Also referred to as the sheet flow area. E. "Area of special flood hazard" means the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. It is shown on the flood insurance rate map (FIRM) as zone A, AE, AH, AO, Al -A30, A99, V, VO, VE, or V1 -V30. It is also commonly referred to as the base floodplain or 100 -year floodplain. "Special flood hazard area" is synonymous in meaning with the phrase "area of special flood hazard". F. "ASCE 24" means the most recently published version of ASCE 24, Flood Resistant Design and Construction, published by the American Society of Civil Engineers. G. "Base flood" means the flood having a one percent chance of being equaled or exceeded in any given year (also referred to as the "one -hundred -year flood"). H. "Base flood elevation (BFE)" means the elevation to which floodwater is anticipated to rise during the base flood. I. "Basement" means any area of the building having its floor subgrade (below ground level) on all sides. J. Building. See "Structure." K. "Building code" means the currently effective versions of the Uniform Code and the Energy Code adopted by the State of New York Building Code Council. L. "Breakaway wall" means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system. M. "Cellar" has the same meaning as "Basement." TOWN OF ULYSSES 10 Elm Street, Trumansburg, NY 14886 townofulyssesnygov N. "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 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 hydro -static forces which would be experienced during periods of flooding. O. "Critical facility" means a facility for which even a slight chance of flooding might be too great. Critical facilities include (but are not limited to) schools, nursing homes, hospitals, police, fire and emergency response installations, wastewater treatment facilities, and installations which produce, use, or store hazardous materials or hazardous waste. P. "Development" means any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials located within the area of special flood hazard. Q. "Elevation certificate" means an administrative tool of the National Flood Insurance Program (NFIP) that can be used to provide elevation information, to determine the proper insurance premium rate, and to support a request for a letter of map amendment (LOMA) or letter of map revision based on fill (LOMR- F). R. "Elevated building" means a non -basement building (i) built, in the case of a building in Zones Al -A30, AE, A, A99, AO, AH, B, C, X, or D, to have the top of the elevated floor, or in the case of a building in Zones V1-30, VE, or V, to have the bottom of the lowest horizontal structure member of the elevated floor, elevated above the ground level by means of pilings, columns (posts and piers), or shear walls parallel to the flow of the water and (ii) adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood. In the case of Zones Al -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. S. "Essential facility" means the same as "essential facility" defined in ASCE 24. Table 1-1 in ASCE 24-14 further identifies building occupancies that are essential facilities. T. "Existing manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by the community. U. "Expansion to an existing manufactured home park or subdivision" means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). V. "Farmhouse" means a single-family dwelling located on a farm site where resulting agricultural products are not produced for the primary consumption or use by the occupants and the farm owner. TOWN OF ULYSSES 10 Elm Street, Trumansburg, NY 14886 townofulyssesnygov W. "Federal Emergency Management Agency" means the Federal agency that administers the National Flood Insurance Program. X. "Flood" or "flooding" means: 1. A general and temporary condition of partial or complete inundation of normally dry land areas from: a. The overflow of inland waters. b. The unusual and rapid accumulation or runoff of surface waters from any source. c. Mudslides (i.e., mudflows) which are proximately caused by flooding as defined in subsection (1)(b) of this definition and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current. 2. The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in subsection (1)(a) of this definition. Y. "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. Z. "Flood elevation study" means an examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudslide (i.e., mudflow) and/or flood -related erosion hazards. Also known as a flood insurance study (FIS). AA. "Flood Hazard Boundary Map (FHBM)" means an official map of a community, issued by the Federal Emergency Management Agency, where the boundaries of the areas of special flood hazard have been designated as Zone A but no flood elevations are provided. BB. "Flood insurance rate map (FIRM)" means the official map of a community on which the Federal Insurance Administrator has delineated both the special hazard areas and the risk premium zones applicable to the community. A FIRM that has been made available digitally is called a digital flood insurance rate map (DFIRM). CC. "Flood Insurance Study" see "flood elevation study." DD. "Floodplain" or "flood -prone area" means any land area susceptible to being inundated by water from any source. See "Flood" or "flooding." EE. "Floodplain administrator" means the community official designated by title to administer and enforce the floodplain management regulations. FF. "Floodplain management regulations" means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as floodplain ordinance, grading ordinance and erosion control ordinance) and other application of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction. TOWN OF ULYSSES 10 Elm Street, Trumansburg, NY 14886 townofulyssesnygov GG. "Floodproofing" means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate risk of flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents. Floodproofed structures are those that have the structural integrity and design to be impervious to floodwater below the base flood elevation. HH. "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 surface elevation more than a designated height. Also referred to as "regulatory floodway." II. "Functionally dependent use" means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, and does not include long-term storage, manufacturing, sales, or service facilities. JJ. "Highest adjacent grade" means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. KK. "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 preservation programs that have been certified either: a. by an approved state program as determined by the Secretary of the Interior or b. directly by the Secretary of the Interior in states without approved programs. LL. "Lowest floor" means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access, or storage in an area other than a basement area, is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable non -elevation design requirements of this chapter (i.e., provided there are adequate flood ventilation openings). MM. "Manufactured home" means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a recreational vehicle. NN. "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. 00. "Mean sea level" means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929, the North American Vertical Datum of 1988 (NAVD 88), or other TOWN OF ULYSSES 10 Elm Street, Trumansburg, NY 14886 townofulyssesnygov datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced. PP. "Mobile home" has the same meaning as "Manufactured home." QQ. "New construction" means, for the purposes of determining insurance rates, structures for which the start of construction commenced on or after the effective date of an initial flood insurance rate map or after March 11, 1987, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, "new construction" means structures for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures. RR. "New manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of adopted floodplain management regulations adopted by the community. SS. One -Hundred -Year Flood or 100 -Year Flood. See "Base flood." TT. "Principally above ground" means that at least 51 percent of the actual cash value of the structure, excluding land value, is above ground. UU. "Reasonably safe from flooding" means development that is designed and built to be safe from flooding based on consideration of current flood elevation studies, historical data, high water marks and other reliable data known to the community. VV. "Recreational vehicle" means a vehicle: 1. Built on a single chassis; 2. Four hundred square feet or less when measured at the largest horizontal projection; 3. Designed to be self-propelled or permanently towable by a light duty truck; and 4. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. WW. "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 surface elevation more than a designated height as determined by the Federal Emergency Management Agency in a Flood Insurance Study or by other agencies as provided in Section 89-90.B. XX. "Start of construction" includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within one hundred eighty days from the date of the permit. The "actual start" means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation, or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of TOWN OF ULYSSES 10 Elm Street, Trumansburg, NY 14886 townofulyssesnygov the main structure. 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. YY. "Structure" means, for floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally aboveground, as well as a manufactured home. ZZ. "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 fifty percent of the market value of the structure before the damage occurred. AAA. "Substantial improvement" means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds fifty percent of the market value of the structure before the start of construction of the improvement. This 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 previously identified existing violations of state or local health, sanitary, or safety code specifications that have been identified by the local code enforcement official and that 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. BBB. "Variance" means a grant of relief by a community from the terms of a floodplain management regulation. CCC. "Violation" means the failure of a structure or other development to be fully compliant with the community's flood plain management regulations. DDD. "Water surface elevation" means the height, in relation to the vertical datum utilized in the applicable flood insurance study of floods of various magnitudes and frequencies in the floodplains of coastal or riverme areas. EEE. "Water dependent" means a structure for commerce or industry that cannot exist in any other location and is dependent on the water by reason of the intrinsic nature of its operations. Section 2. Remainder Except as hereinabove amended, the remainder of the Code of the Town of Ulysses shall remain in full force and effect. Section 3. Severability The provisions of this Local Law are severable and if any provision, clause, sentence, subsection, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity or unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, subsections, words, or parts of this local law or their application to other persons or circumstances. It is hereby declared to be the legislative intent that this local law would have been adopted if such illegal, invalid, or unconstitutional provision, clause, sentence, subsection, word or part had not been included therein, and as if such person or circumstance, to which the local law or part thereof is held TOWN OF ULYSSES 10 Elm Street, Trumansburg, NY 14886 townofulyssesnygov inapplicable, had been specifically exempt therefrom. Section 4. Effective Date This Local Law shall take effect immediately upon filing with the New York State Secretary of State in accordance with Section 27 of the Municipal Home Rule Law.