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HomeMy WebLinkAboutLocal Law 01- 2010 - Flood Damage PreventionSTATE OF NEW YORK DEPARTMENT OF STATE ONE COMMERCE PLAZA DAVID A. PATERSON 99 WASHINGTON AVENUE GOVERNOR ALBANY, NY 12231-0001 February 3, 2010 Patrick M Snyder Attorney at Law 70 Port Watson Street Cortland NY 13045 RRECOVED FEB 0 9201,E LORRAINE A. CORTES-VAZQUEZ SECRETARY OF STATE RE: Town of Virgil, Local Law 1, 2010, filed on February 2, 2010 Dear Sir/Madam: The above referenced material was received and filed by this office as indicated. Additional local law filing formas can be obtained from our website, www. dos.state.ny.us. Sincerely, State Records and Law Bureau (518) 474-2755 WWW. DOS. STATE. NY. US • E-MAIL: INFO@DOS. STATE. NY.US focal Law .filing NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET ALBANY, NY 12231 (Use this form to file a local law with the Secretary of State) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. Town of Virgil Local Law No. 1 of the year 2010. A local law for Flood Damage Prevention as authorized by the New York State Constitution,_ Article IX Section 2 and Environmental Conservation Law, Article 36 Be it enacted by the Town Board of the Town of Virgil as follows: SECTION 1.0 STATUTORY AUTHORIZATION AND PURPOSE 1.1 FINDINGS The Town Board of the Town of Virgil finds that the potential and/or actual damages from flood- ing and erosion may be a problem to the residents of the Town of Virgil and that such damages may include: destruction or loss of private and public housing, damage to public facilities, both publicly and privately owned, and injury to and loss of human life. In order to minimize the threat of such damages and to achieve the purposes and objectives hereinafter set forth, this local law is adopted. 1.2 STATEMENT OF PURPOSE It is the purpose of this local law to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: (1) regulate uses which are dangerous to health, safety and property due to water or erosion ha- zards, or which result in damaging increases in erosion or in flood heights or velocities; (2) require that uses vulnerable to floods, including facilities which serve such uses, be pro- tected against flood damage at the time of initial construction; (3) control the alteration of natural floodplains, stream channels, and natural protective barriers which are involved in the accommodation of flood waters; (4) control filling, grading, dredging and other development which may increase erosion or flood damages; (5) regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands, and; (6) qualify and maintain for participation in the National Flood Insurance Program. 1.3 OBJECTIVES The objectives of this local law are: (1) to protect human life and health; (2) to minimize expenditure of public money for costly flood control projects; (3) to minimize the need for rescue and relief efforts associated with flooding and generally un- dertaken at the expense of the general public; (4) to minimize prolonged business interruptions; (5) to minimize damage to public facilities and utilities such as water and gas mains, electric, telephone, sewer lines, streets and bridges located in areas of special flood hazard; (6) to help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas; (7) to provide that developers are notified that property is in an area of special flood hazard; and, (8) to ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. SECTION 2.0 2 DEFINITIONS Unless specifically defined below, words or phrases used in this local law shall be interpreted so as to give them the meaning they have in common usage and to give this local law its most reasonable appli- cation. "Appeal" means a request for a review of the Local Administrator's interpretation of any provision of this Local Law or a request for a variance. "Area of shallow flooding" means a designated AO, AH or VO Zone on a community's Flood Insur- ance Rate Map (FIRM) with a one percent or greater annual chance of flooding to an average annual depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. "Area of special flood hazard" is the land in the floodplain within a community subject to a one per- cent or greater chance of flooding in any given year. This area may be designated as Zone A, AE, AH, A0, Al -A30, A99, V, VO, VE, or V1 -V30. It is also commonly referred to as the base floodplain or 100 -year floodplain. For purposes of this Local Law, the term "special flood hazard area (SFHA)" is synonymous in meaning with the phrase "area of special flood hazard." "Base flood" means the flood having a one percent chance of being equaled or exceeded in any given year. "Basement" means that portion of a building having its floor subgrade (below ground level) on all sides. "Building" see "Structure" "Cellar" has the same meaning as "Basement". "Crawl Space" means an enclosed area beneath the lowest elevated floor, eighteen inches or more in height, which is used to service the underside of the lowest elevated floor. The elevation of the floor of this enclosed area, which may be of soil, gravel, concrete or other material, must be equal to or above the lowest adjacent exterior grade. The enclosed crawl space area shall be properly vented to allow for the equalization of hydrostatic forces which would be experienced during periods of flooding. "Development" means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, paving, excavation or drilling opera- tions or storage of equipment or materials. "Elevated building" means a non -basement building (i) built, in the case of a building in Zones A1 - A30, AE, A, A99, AO, AH, B, C, X, or D, to have the top of the elevated floor, or in the case of a build- ing in Zones V1-30, VE, or V, to have the bottom of the lowest horizontal structure member of the ele- vated floor, elevated above the ground level by means of pilings, columns (posts and piers), or shear walls parallel to the flow of the water and (ii) adequately anchored so as not to impair the structural in- tegrity of the building during a flood of up to the magnitude of the base flood. In the case of Zones A1 - A30, AE, A, A99, A0, 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 V 1-V30, VE, or V, "elevated building" also includes a building otherwise meeting the definition of "elevated building", even though the lower area is enclosed by means of breakaway walls that meet the federal standards. "Federal Emergency Management Agency" means the Federal agency that administers the National Flood Insurance Program. "Flood" or "Flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from: (1) the overflow of inland or tidal waters; (2) the unusual and rapid accumulation or runoff of surface waters from any source. "Flood" or "flooding" also means the collapse or subsidence 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 an- ticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as a flash flood or an ab- normal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in (1) above. "Flood Boundary and Floodway Map (FBFM)" means an official map of the community published by the Federal Emergency Management Agency as part of a riverine community's Flood Insurance Study. The FBFM delineates a Regulatory Floodway along water courses studied in detail in the Flood Insurance Study. "Flood Elevation Study" means an examination, evaluation and determination of the flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determi- nation of flood- related erosion hazards. "Flood Hazard Boundary Map (FHBM)" means an official map of a community, issued by the Fed- eral Emergency Management Agency, where the boundaries of the areas of special flood hazard have been designated as Zone A but no flood elevations are provided. "Flood Insurance Rate Map (FIRM)" means an official map of a community, on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk pre- mium zones applicable to the community. "Flood Insurance Study" see "flood elevation study "Floodplain" or "Flood -prone area" means any land area susceptible to being inundated by water from any source (see definition of "Flooding"). "Floodproofing" means any combination of structural and non-structural additions, changes, or ad- justments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. "Floodway" - has the same meaning as "Regulatory Floodway" M "Functionally dependent use" means a use which cannot perform its intended purpose unless it is lo- cated or carried out in close proximity to water, such as a docking or port facility necessary for the load- ing and unloading of cargo or passengers, shipbuilding, and ship repair facilities. The term does not in- clude long-term storage, manufacturing, sales, or service facilities. "Highest adjacent grade" means the highest natural elevation of the ground surface, prior to construc- tion, next to the proposed walls of a structure. "Historic structure" means any structure that is: (1) listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (2) certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; (3) individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or (4) individually listed on a local inventory of historic places in communities with historic pres- ervation programs that have been certified either: (i) by an approved state program as determined by the Secretary of the Interior or (ii) directly by the Secretary of the Interior in states without approved programs. "Local Administrator" is the person appointed by the community to administer and implement this local law by granting or denying development permits in accordance with its provisions. This person is often the Building Inspector, Code Enforcement Officer, or employee of an engineering department. "Lowest floor" means lowest floor of the lowest enclosed area (including basement or cellar). An un- finished or flood resistant enclosure, usable solely for parking of vehicles, building access, or storage in an area other than a basement area is not considered a building's lowest floor; provided, that such enclo- sure is not built so as to render the structure in violation of the applicable non -elevation design require- ments of this Local Law. "Manufactured home" means a structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term does not include a "Recreational vehicle" "Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. "Mean sea level" means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929, the North American Vertical Datum of 1988 (NAVD 88), or other da- tum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced. 5 "Mobile home" - has the same meaning as "Manufactured home" "New construction" means structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by the community and includes any sub- sequent improvements to such structure. "One hundred year flood" or "100 -year flood" has the same meaning as "Base Flood". "Principally above ground" means that at least 51 percent of the actual cash value of the structure, ex- cluding land value, is above ground. "Recreational vehicle" means a vehicle which is: (1) built on a single chassis; (2) 400 square feet or less when measured at the largest horizontal projections; (3) designed to be self-propelled or permanently towable by a light duty truck; and (4) not designed primarily for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. "Regulatory Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water sur- face elevation more than a designated height as determined by the Federal Emergency Management Agency in a Flood Insurance Study or by other agencies as provided in Section 4.4-2 of this Law. "Start of construction" means the date of permit issuance for new construction and substantial im- provements to existing structures, provided that actual start of construction, repair, reconstruction, reha- bilitation, addition placement, or other improvement is within 180 days after the date of issuance. The actual start of construction means the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of a slab or footings, installation of pilings or con- struction of columns. Permanent construction does not include land preparation (such as clearing, excavation, grading, or fill- ing), or the installation of streets or walkways, or excavation for a basement, footings, piers or founda- tions, or the erection of temporary forms, or the installation of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main building. For a substantial improvement, the actual "start of construction" means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. "Structure" means a walled and roofed building, including a gas or liquid storage tank, that is princi- pally above ground, as well as a manufactured home. "Substantial damage" means damage of any origin sustained by a structure whereby the cost of restor- ing the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. 0 "Substantial improvement" means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. The term includes structures which have incurred "sub- stantial damage", regardless of the actual repair work performed. The term does not, however, include either: (1) any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or (2) any alteration of a "Historic structure", provided that the alteration will not preclude the structure's continued designation as a "Historic structure". "Variance" means a grant of relief from the requirements of this local law which permits construction or use in a manner that would otherwise be prohibited by this local law. SECTION 3.0 GENERAL PROVISIONS 3.1 LANDS TO WHICH THIS LOCAL LAW APPLIES This local law shall apply to all areas of special flood hazard within the jurisdiction of the Town of Virgil, Cortland County. 3.2 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD The areas of special flood hazard for the Town of Virgil, Community Number 3 6018 1, are identified and defined on the following documents prepared by the Federal Emergency Manage- ment Agency: (1) Flood Insurance Rate Map Panel Numbers: 36023CO220D, 36023CO240D, 36023CO241D, 36023CO242D, 36023CO243D, 36023CO244D, 36023CO261D, 36023CO263D 36023CO265D 36023CO270D, 36023C0335D, 36023C0355D, 36023C0360D, 36023C0376D, 36023C0377D, 36023CO381D Whose effective date is March 2, 2010, and any subsequent revisions to these map panels that do not affect areas under our community's jurisdiction. (2) A scientific and engineering report entitled "Flood Insurance Study, Cortland County, New York, All Jurisdictions" dated March 2, 2010. The above documents are hereby adopted and declared to be a part of this Local Law. The Flood Insurance Study and/or maps are on file at: Town of Virgil 1176 Church Street Cortland, NY 13045 3.3 INTERPRETATION AND CONFLICT WITH OTHER LAWS This Local Law includes all revisions to the National Flood Insurance Program through October 27, 1997. All previous laws and ordinances adopted for the purpose of flood damage prevention are hereby repealed. In their interpretation and application, the provisions of this local law shall be held to be minimum requirements, adopted for the promotion of the public health, safety, and welfare. Whenever the requirements of this local law are at variance with the requirements of any other lawfully adopted rules, regulations, or ordinances, the most restrictive, or that imposing the higher standards, shall govern. 3.4 SEVERABILITY The invalidity of any section or provision of this local law shall not invalidate any other section or provision thereof. 3.5 PENALTIES FOR NON-COMPLIANCE No structure in an area of special flood hazard shall hereafter be constructed, located, extended, converted, or altered and no land shall be excavated or filled without full compliance with the terms of this local law and any other applicable regulations. Any infraction of the provisions of this local law by failure to comply with any of its requirements, including infractions of conditions and safeguards established in connection with conditions of the permit, shall constitute a violation. Any person who violates this local law or fails to comply with any of its requirements shall, upon conviction thereof, be fined no more than $250 or imprisoned for not more than 15 days or both. Each day of noncompliance shall be considered a separate offense. Nothing herein contained shall prevent the Town of Virgil from taking such other lawful action as necessary to prevent or remedy an infraction. Any structure found not compliant with the requirements of this local law for which the developer and/or owner has not applied for and received an approved variance under Section 6.0 will be declared non-compliant and notification sent to the Federal Emergency Management Agency. 3.6 WARNING AND DISCLAIMER OF LIABILITY The degree of flood protection required by this local law is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will oc- cur on rare occasions. Flood heights may be increased by man-made or natural causes. This local law does not imply that land outside the area of special flood hazards or uses 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 Virgil, any officer or employee thereof, or the Federal Emergency Man- agement Agency, for any flood damages that result from reliance on this local law or any adminis- trative decision lawfully made there under. SECTION 4.0 ADMINISTRATION 4.1 DESIGNATION OF THE LOCAL ADMINISTRATOR The Code Enforcement Officer is hereby appointed Local Administrator to administer and imple- ment this local law by granting or denying floodplain development permits in accordance with its provisions. 4.2 THE FLOODPLAIN DEVELOPMENT PERMIT 4.2-1 PURPOSE A floodplain development permit is hereby established for all construction and other devel- opment to be undertaken in areas of special flood hazard in this community for the purpose of protecting its citizens from increased flood hazards and insuring that new development is constructed in a manner that minimizes its exposure to flooding. It shall be unlawful to un- dertake any development in an area of special flood hazard, as shown on the Flood Insur- ance Rate Map enumerated in Section 3.2, without a valid floodplain development permit. Application for a permit shall be made on forms furnished by the Local Administrator and may include, but not be limited to: plans, in duplicate, drawn to scale and showing: the na- ture, location, dimensions, and elevations of the area in question; existing or proposed struc- tures, fill, storage of materials, drainage facilities, and the location of the foregoing. 4.2-2 FEES All applications for a floodplain development permit shall be accompanied by an application fee. The application fee shall be set by resolution of the town board. In addition, the appli- cant shall be responsible for reimbursing the Town of Virgil for any additional costs neces- sary for review, inspection and approval of this project. The Local Administrator may re- quire a deposit of no more than $500.00 to cover these additional costs. 4.3 APPLICATION FOR A PERMIT The applicant shall provide the following information as appropriate. Additional information may be required on the permit application form. (1) The proposed elevation, in relation to mean sea level, of the lowest floor (including base- ment or cellar) of any new or substantially improved structure to be located in Zones A1 - 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. (2) The proposed elevation, in relation to mean sea level, to which any new or substantially im- proved non-residential structure will be floodproofed. Upon completion of the floodproofed I portion of the structure, the permitee shall submit to the Local Administrator the as -built floodproofed elevation, certified by a professional engineer or surveyor. (3) A certificate from a licensed professional engineer or architect that any utility floodproofing will meet the criteria in Section 5.2-3, UTILITIES. (4) A certificate from a licensed professional engineer or architect that any non-residential floodproofed structure will meet the floodproofing criteria in Section 5.4, NON-RESIDEN- TIAL STRUCTURES. (5) A description of the extent to which any watercourse will be altered or relocated as a result of proposed development. Computations by a licensed professional engineer must be sub- mitted that demonstrate that the altered or relocated segment will provide equal or greater conveyance than the original stream segment. The applicant must submit any maps, compu- tations or other material required by the Federal Emergency Management Agency (FEMA) to revise the documents enumerated in Section 3.2, when notified by the Local Administra- tor, and must pay any fees or other costs assessed by FEMA for this purpose. The applicant must also provide assurances that the conveyance capacity of the altered or relocated stream segment will be maintained. (6) A technical analysis, by a licensed professional engineer, if required by the Local Adminis- trator, which shows whether proposed development to be located in an area of special flood hazard may result in physical damage to any other property. (7) 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 vehi- cle parks and subdivisions) that are greater than either 50 lots or 5 acres. 4.4 DUTIES AND RESPONSIBILITIES OF THE LOCAL ADMINISTRATOR Duties of the Local Administrator shall include, but not be limited to the following. 4.4-1 PERMIT APPLICATION REVIEW The Local Administrator shall conduct the following permit application review before issu- ing a floodplain development permit: (1) Review all applications for completeness, particularly with the requirements of sub- section 4.3, APPLICATION FOR A PERMIT, and for compliance with the provisions and standards of this law. (2) Review subdivision and other proposed new development, including manufactured home parks to determine whether proposed building sites will be reasonably safe from flooding. If a proposed building site is located in an area of special flood hazard, all new construction and substantial improvements shall meet the applicable standards of Section 5. 0, CONSTRUCTION STANDARDS and, in particular, sub -section 5.1-1 SUBDIVISION PROPOSALS. 10 (3) Determine whether any proposed development in an area. of special flood hazard may result in physical damage to any other property (e.g., stream bank erosion and in- creased flood velocities). The Local Administrator may require the applicant to submit additional technical analyses and data necessary to complete the determination. If the proposed development may result in physical damage to any other property or fails to meet the requirements of Section 5.0, CONSTRUCTION STANDARDS, no permit shall be issued. The applicant may revise the application to include measures that mitigate or eliminate the adverse effects and re -submit the application. (4) Determine that all necessary permits have been received from those governmental agencies from which approval is required by State or Federal law, 4.4-2 USE OF OTHER FLOOD DATA (1) When the Federal Emergency Management Agency has designated areas of special flood hazard on the community's Flood Insurance Rate map (FIRM) but has neither produced water surface elevation data (these areas are designated Zone A or V on the FIRM) nor identified a floodway, the Local Administrator shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a Fed- eral, State or other source, including data developed pursuant to paragraph 4.3(7), as criteria for requiring that new construction, substantial improvements or other pro- posed development meet the requirements of this law. (2) When base flood elevation data are not available, the Local Administrator may use flood information from any other authoritative source, such as historical data, to estab- lish flood elevations within the areas of special flood hazard, for the purposes of this law. 4.4-3 ALTERATION OF WATERCOURSES (1) Notification to adjacent communities and the New York State Department of Envi- ronmental Conservation prior to permitting any alteration or relocation of a water- course, and submittal of evidence of such notification to the Regional Administrator, Region II, Federal Emergency Management Agency. (2) Determine that the permit holder has provided for maintenance within the altered or relocated portion of said watercourse so that the flood carrying capacity is not dimin- ished. 4.4-4 CONSTRUCTION STAGE (1) In Zones Al -A30, AE and AH, and also Zone A if base flood elevation data are avail- able, 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 11 the structure on the site. A certificate of elevation must also be submitted for a recre- ational vehicle if it remains on a site for 180 consecutive days or longer (unless it is fully licensed and ready for highway use). (2) Any further work undertaken prior to submission and approval of the certification shall be at the permit holder's risk. The Local Administrator shall review all data submitted. Deficiencies detected shall be cause to issue a stop work order for the pro- ject unless immediately corrected. 4.4-5 INSPECTIONS The Local Administrator and/or the developer's engineer or architect shall make periodic in- spections at appropriate times throughout the period of construction in order to monitor compliance with permit conditions and enable said inspector to certify, if requested, that the development is in compliance with the requirements of the floodplain development permit and/or any variance provisions. 4.4-6 STOP WORK ORDERS (1) The Local Administrator shall issue, or cause to be issued, a stop work order for any flood- plain development found ongoing without a development permit. Disregard of a stop work order shall subject the violator to the penalties described in Section 3.5 of this local law. (2) The Local Administrator shall issue, or cause to be issued, a stop work order for any flood- plain development found non-compliant with the provisions of this law and/or the conditions of the development permit. Disregard of a stop work order shall subject the violator to the penalties described in Section 3.5 of this local law. 4.4-7 CERTIFICATE OF COMPLIANCE (1) In areas of special flood hazard, as determined by documents enumerated in Section 3.2, it shall be unlawful to occupy or to permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted or wholly or partly altered or enlarged in its use or structure until a certificate of compli- ance has been issued by the Local Administrator stating that the building or land con- forms to the requirements of this local law. (2) A certificate of compliance shall be issued by the Local Administrator upon satisfac- tory completion of all development in areas of special flood hazard. (3) Issuance of the certificate shall be based upon the inspections conducted as prescribed in Section 4.4-5, INSPECTIONS, and/or any certified elevations, hydraulic data, floodproofing, anchoring requirements or encroachment analyses which may have been required as a condition of the approved permit. 4.4-8 INFORMATION TO BE RETAINED 12 The Local Administrator shall retain and make available for inspection, copies of the follow- ing: (1) Floodplain development permits and certificates of compliance; (2) Certifications of as -built lowest floor elevations of structures, required pursuant to sub -sections 4.4-4(1) and 4.4-4(2), and whether or not the structures contain a base- ment; (3) Floodproofing certificates required pursuant to sub -section 4.4-4(1), and whether or not the structures contain a basement; (4) Variances issued pursuant to Section 6.0, VARIANCE PROCEDURES; and, (5) Notices required under sub -section 4.4-3, ALTERATION OF WATERCOURSES. 13 SECTION 5.0 CONSTRUCTION STANDARDS 5.1 GENERAL STANDARDS The following standards apply to new development, including new and substantially improved structures, in the areas of special flood hazard shown on the Flood Insurance Rate Map designated in Section 3.2. 5.1-1 SUBDIVISION PROPOSALS The following standards apply to all new subdivision proposals and other proposed development in areas of special flood hazard (including proposals for manufactured home and recreational ve- hicle parks and subdivisions): (1) Proposals shall be consistent with the need to minimize flood damage; (2) Public utilities and facilities such as sewer, gas, electrical and water systems shall be located and constructed so as to minimize flood damage; and, (3) Adequate drainage shall be provided to reduce exposure to flood damage. 5.1-2 ENCROACHMENTS (1) Within Zones 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 devel- opment, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any location, or, (ii) the Town of Virgil 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 reim- burses the Town of Virgil for all fees and other costs in relation to the applica- tion. The applicant must also provide all data, analyses and mapping and reim- burse the Town of Virgil for all costs related to the final map revision. (2) On streams with a regulatory floodway, as shown on the Flood Boundary and Flood - way Map or the Flood Insurance Rate Map adopted in Section 3.2, no new construc- tion, substantial improvements or other development in the floodway (including fill) shall be permitted unless: (i) a technical evaluation by a licensed professional engineer shows that such an encroachment shall not result in any increase in flood levels during occurrence of the base flood, or, 14 (ii) the Town of Virgil agrees to apply to the Federal Emergency Management Agency (FEMA) for a conditional FIRM and floodway revision, FEMA ap- proval is received and the applicant provides all necessary data, analyses and mapping and reimburses the Town of Virgil for all fees and other costs in rela- tion to the application. The applicant must also provide all data, analyses and mapping and reimburse the Town of Virgil for all costs related to the final map revisions. 5.2 STANDARDS FOR ALL STRUCTURES 5.2-1 ANCHORING New structures and substantial improvement to structures in areas of special flood hazard shall be anchored to prevent flotation, collapse, or lateral movement during the base flood. This requirement is in addition to applicable State and local anchoring requirements for re- sisting wind forces. 5.2-2 CONSTRUCTION MATERIALS AND METHODS (1) New construction and substantial improvements to structures shall be constructed with materials and utility equipment resistant to flood damage. (2) New construction and substantial improvements to structures shall be constructed us- ing methods and practices that minimize flood damage. (3) For enclosed areas below the lowest floor of a structure within Zones Al -A30, AE or AH, and also Zone A if base flood elevation data are available, new and substantially improved structures shall have fully enclosed areas below the lowest floor that are use- able solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding, designed to automatically equalize hydro- static 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 profes- sional engineer or architect or meet or exceed the following minimum criteria: (i) a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; and (ii) the bottom of all such openings no higher than one foot above the lowest ad- jacent finished grade. Openings may be equipped with louvers, valves, screens or other coverings or devices provided they permit the automatic entry and exit of floodwaters. Enclosed areas sub - grade on all sides are considered basements and are not permitted. 5.2-3 UTILITIES (1) New and replacement electrical equipment, heating, ventilating, air conditioning, plumbing connections, and other service equipment shall be located at least two feet above the base flood elevation or be designed to prevent water from entering and ac - 15 cumulating within the components during a flood and to resist hydrostatic and hydro- dynamic loads and stresses. Electrical wiring and outlets, switches, junction boxes and panels shall also elevated or designed to prevent water from entering and accumu- lating within the components unless they conform to the appropriate provisions of the electrical part of the Building Code of New York State or the Residential Code of New York State for location of such items in wet locations; (2) New and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system; (3) New and replacement sanitary sewage systems shall be designed to minimize or elimi- nate infiltration of flood waters. Sanitary sewer and storm drainage systems for build- ings that have openings below the base flood elevation shall be provided with auto- matic backflow valves or other automatic backflow devices that are installed in each discharge line passing through a building's exterior wall; and, (4) On-site waste disposal systems shall be located to avoid impairment to them or con- tamination from them during flooding. 5.3 RESIDENTIAL STRUCTURES 5.3-1 ELEVATION The following standards apply to new and substantially improved residential structures lo- cated in areas of special flood hazard, in addition to the requirements in sub -sections 5.1-1, SUBDIVISION PROPOSALS, and 5.1-2, ENCROACHMENTS, and Section 5.2, STANDARDS FOR ALL STRUCTURES. (1) Within Zones Al -A30, AE and AH and also Zone A if base flood elevation data are available, new construction and substantial improvements shall have the lowest floor (including basement) elevated to or above two feet above the base flood elevation. (2) Within Zone A, when no base flood elevation data are available, new construction and substantial improvements shall have the lowest floor (including basement) elevated at least three feet above the highest adjacent grade. (3) Within Zone AO, new construction and substantial improvements shall have the low- est floor (including basement) elevated above the highest adjacent grade at least as high as two feet above the depth number specified in feet on the community's Flood Insurance Rate Map enumerated in Section 3.2 (at least two feet if no depth number is specified). (4) Within Zones AH and A0, adequate drainage paths are required to guide flood waters around and away from proposed structures on slopes. 16 5.4 NON-RESIDENTIAL STRUCTURES The following standards apply to new and substantially improved commercial, industrial and other non-residential structures located in areas of special flood hazard, in addition to the requirements in sub -sections 5.1-1, SUBDIVISION PROPOSALS, and 5.1-2, ENCROACHMENTS, and Sec- tion 5.2, STANDARDS FOR ALL STRUCTURES. (1) Within Zones Al -A30, AE and AH, and also Zone A if base flood elevation data are avail- able, 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 substan- tially impermeable to the passage of water. All structural components located below the base flood level must be capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. (2) Within Zone AO, new construction and substantial improvements of non-residential struc- tures shall: (i) have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as two feet above the depth number specified in feet on the community's FIRM (at least two feet 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 sub -section 5.4(1)(ii) (3) If the structure is to be floodproofed, a licensed professional engineer or architect shall de- velop and/or review structural design, specifications, and,plans for construction. A Flood - proofing Certificate or other certification shall be provided to the Local Administrator that certifies the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions of Section 5.4(1)(ii), including the specific elevation (in relation to mean sea level) to which the structure is to be floodproofed. (4) Within Zones AH and AO, adequate drainage paths are required to guide flood waters around and away from proposed structures on slopes. (5) Within Zone A, when no base flood elevation data are available, the lowest floor (including basement) shall be elevated at least three feet above the highest adjacent grade. 5.5 MANUFACTURED HOMES AND RECREATIONAL VEHICLES The following standards in addition to the standards in Section 5. 1, GENERAL STANDARDS, and Section 5.2, STANDARDS FOR ALL STRUCTURES apply, as indicated, in areas of special flood hazard to manufactured homes and to recreational vehicles which are located in areas of special flood hazard. 17 (1) Recreational vehicles placed on sites within Zones Al -A30, AE and AH shall either: (i) be on site fewer than 180 consecutive days, (ii) be fully licensed and ready for highway use, or (iii) meet the requirements for manufactured homes in paragraphs 5.5(2), (3) and (4). A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is at- tached to the site only by quick disconnect type utilities and security devices and has no permanently attached additions. (2) A manufactured home that is placed or substantially improved in Zones Al -A30, AE and AH shall be elevated on a permanent foundation such that the lowest floor is elevated to or above two feet above the base flood elevation and is securely anchored to an adequately an- chored foundation system to resist flotation, collapse and lateral movement. (3) Within Zone A, when no base flood elevation data are available, new and substantially im- proved manufactured homes shall be elevated such that the manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and are securely anchored to an ade- quately anchored foundation system to resist flotation, collapse or lateral movement. (4) Within Zone AO, the floor shall be elevated above the highest adjacent grade at least as high as two feet above the depth number specified on the -Flood Insurance Rate Map enumerated in Section 3.2 (at least two feet if no depth number is specified). SECTION 6.0 VARIANCE PROCEDURE 6.1 APPEALS BOARD (1) The Zoning Board of Appeals as established by the Town of Virgil shall hear and decide ap- peals and requests for variances from the requirements of this local law. (2) The Zoning Board of Appeals shall hear and decide appeals when it is alleged there is an er- ror in any requirement, decision, or determination made by the Local Administrator in the enforcement or administration of this local law. (3) Those aggrieved by the decision of the Zoning Board of Appeals 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 Zoning Board of Appeals, shall consider all technical evaluations, all relevant factors, standards specified in other sections of this local law and: (i) the danger that materials may be swept onto other lands to the injury of others; (ii) the danger to life and property due to flooding or erosion damage; F. (iii) the susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; (iv) the importance of the services provided by the proposed facility to the commu- nity; (v) the necessity to the facility of a waterfront location, where applicable; (vi) the availability of alternative locations for the proposed use which are not subject to flooding or erosion damage; (vii) the compatibility of the proposed use with existing and anticipated development; (viii) the relationship of the proposed use to the comprehensive plan and floodplain management program of that area; (ix) the safety of access to the property in times of flood for ordinary and emergency vehicles; (x) the costs to local governments and the dangers associated with conducting search and rescue operations during periods of flooding; (xi) the expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and (xii) the costs of providing governmental services during and after flood conditions, including search and rescue operations, maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems and streets and bridges. (5) Upon consideration of the factors of Section 6.1(4) and the purposes of this local law, the Zoning Board of Appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this local law. (6) The Local Administrator shall maintain the records of all appeal actions including technical information and report any variances to the Federal Emergency Management Agency upon request. 6.2 CONDITIONS FOR VARIANCES (1) Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with ex- isting structures constructed below the base flood level, providing items (i-xii) in Section 6.1(4) have been fully considered. As the lot size increases beyond the one-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 determi- nation that: 19 (i) the proposed repair or rehabilitation will not preclude the structure's continued des- ignation as a "Historic structure"; and (ii) the variance is the minimum necessary to preserve the historic character and de- sign of the structure. (3) Variances may be issued by a community for new construction and substantial improve- ments and for other development necessary for the conduct of a functionally dependent use provided that: (i) the criteria of subparagraphs 1, 4, 5, and 6 of this Section are met; and (ii) the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threat to public safety. (4) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. (5) Variances shall only be issued upon a determination that the variance is the minimum neces- sary, considering the flood hazard, to afford relief. (6) Variances shall only be issued upon receiving written justification of: (i) a showing of good and sufficient cause; (ii) a determination that failure to grant the variance would result in exceptional hard- ship to the applicant; and (iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nui- sances, cause fraud on or victimization of the public or conflict with existing local laws or ordinances. (7) Any applicant to whom a variance is granted for a building with the lowest floor below the base flood elevation shall be given written notice over the signature of a community official that: (i) the issuance of a variance to construct a structure below the base flood level will re- sult in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage; and (ii) such construction below the base flood level increases risks to life and property. Such notification shall be maintained with the record of all variance actions as required in Section 4.4-8 of this Local Law 20 (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (mac)fT own)(V44ap) of i n was duly passed by the 7TDWA 6046A on T/J It L4 e4 20 .l b in accordance with the applicable (Name of Legislative Body) provisions of law. 2, (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 —.,and was (approved)(not approved) (Name of Legislative Body) (repassed after disapproval) by the and was deemed duly adopted (Elective Chief Executive Offrcer*) on 20 in accordance w ith the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 and was (approved)(not approved) (Name of Legislative Body) (repassed after disapproval) by the on 20 (Elective Chief Executive Officer*) Such local law was submitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general) (special)(annual) election held on 20 — in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the (Name of Legislative Body) on 20 —and was (approved)(not approved) (repassed after disapproval) by the (Elective Chief Executive Officer*) on 20 . Such local law was subject to permissive referendum and no valid petition requesting such referendum was filed as of 20 in accordance with the applicable provisions of law. * Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county -wide basis or, if there be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. DOS -239 (Rev. 05/05) Page 2 of 3 5. (City local law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 - of the City of having been submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the (special)(general) election held on 20 , became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the County of State of New York, having been submitted to the electors at the General Election of November 20 , pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcn t therefrom and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph , above.. CtM of the county legi a body, City, Town or Village Clerk or officer designated by local legislative body (Seal) . Date:7 `,(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authprized attorney of locality.) STATE OF NEW YORK COUNTY OF Cn MAID I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law annexed hereto. P M <" Signa rg, n j 7— ttorVitP,: for Oke I owv , Title Gewity j Wof A, Ica 1 Town VaUggs Date: ZOl D DOS -239 (Rev. 05/05) Page 3 of 3 JAN 14-2010 CERTIFIED MAIL RETURN RECEIPT REQUESTED John P. Kaminski Virgil Town Supervisor 1176 Church Street Cortland, New York 13045 Dear Mr. Kaminski: U.S. Department of Homeland Security 500 C Street, SW Washington, DC 20472 R R o c� off- � � IRR.�•�e.;� I am writing this letter as an official remI _-_ _— ___ , until March 2, 2010, to adopt and have the Department of Homeland Security's Federal Emergency Management Agency (FEMA) Regional Office approve floodplain management measures that satisfy 44 Code of Federal Regulations (CFR) Section 60.3(d) of the National Flood hisurance Program (NFIP) regulations. The Town of Virgil must adopt floodplain management measures, such as a floodplain management ordinance, that meet or exceed the minimum NFIP requirements (copy enclosed) by March 2, 2010, to avoid suspension from the NFIP. If suspended, your community becomes ineligible for flood insurance through the NFIP, new insurance policies cannot be sold, and existing policies carmot be renewed. The provisions of Section 202(a) of Public Law 93-234, as amended prohibits Federal officers or agencies from approving any form of loan, grant, guaranty, insurance, payment, rebate, subsidy, or disaster assistance loan or grant, for acquisition or construction purposes within Special Flood Hazard Areas (SFHAs), areas subject to inundation by the base (1-percent-aimual-chance) flood. Your community's suspension from the NFIP would prohibit mortgage loans guaranteed by the Department of Veterans Affairs, insured by the Federal Housing Administration, or secured by the Rural Economic and Community Development Services. This prohibition also affects the disaster assistance in comlection with a flood under the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988, as amended. Furthermore, Section 202(b) of Public Law 93-234, as amended, requires Federally regulated lending institutions to notify the purchaser or lessee of improved real property located in an SFHA, whether Federal disaster assistance will be available when the property is being used to secure a loan that is being made, increased, extended, or renewed. Your NFIP State Coordinator and FEMA would like to assist the Town of Virgil to ensure it remains in good standing with the NFIP and avoids suspension from the Program. If your community is suspended, it may regain its eligibility in the NFIP by enacting the floodplain management measures established in 44 CFR Section 60.3 of the NFIP regulations. As stated in my previous www.fema.gov p- C' - tj ppT John P. Kaminski JAN 15 2010 Page 2 correspondence, I recommend you contact your NFIP State Coordinator or the FEMA Regional Office if the Town of Virgil is encountering difficulties in enacting its measures. I recognize that your community may be in the final adoption process or may have recently adopted the appropriate floodplain management measures. Please submit these measures to the Floodplain Management Program at the New York Department of Environmental Conservation. William Nechamen, CFM, the NFIP State Coordinator, is accessible by telephone at (518) 402-8146, in writing at 625 Broadway, Albany, New York 12233-3507, or by electronic mail at wsnecham@gw.dee.state.ny.us. The FEMA Regional staff in New York, New York, is also available to assist you with your floodplain management measures. The FEMA Regional Office may be contacted by telephone at (212) 680-3620 and (212) 680-3600 or in writing. Please send your written inquiries to the Director, Federal Insurance and Mitigation Division, FEMA Region II, at 26 Federal Plaza, Room 1337, New York, New York 10278. In the event your community does not adopt and/or submit the necessary floodplain management measures that meet or exceed the minimum NFIP requirements, I must take the necessary steps to suspend your community from the NFIP. This letter is FEMA's final notification before your community is suspended from the Program. Sincerely, yC/, Sandra K. Knight, PhD, PE, D.WRE Deputy Assistant Administrator for Mitigation Enclosure cc: Michael Moriarty, Acting Regional Administrator, FEMA Region II William Nechamen, CFM, NFIP State Coordinator, New York Department of Environmental Conservation Bonnie P. Hand, Cleric and Collector, Town of Virgil JAN 15- 2010 CERTIFIED MAIL RETURN RECEIPT REQUESTED John P. Kaminski Virgil Town Supervisor 1176 Church Street Cortland, New York 13045 Dear Mr. Kaminski: U.S. Department of Homeland Security 500 C Street, SW Washington, DC 20472 Q�CAR,\�.1. 0. FEMA ND 5bGJ4 RECEIVE—M! s`eN 2 � �I f l� I am writing this letter as an official reminder that the Town of Virgil, New York, has until March 2, 2010, to adopt and have the Department of Homeland Security's Federal Emergency Management Agency (FEMA) Regional Office approve floodplain management measures that satisfy 44 Code of Federal Regulations (CFR) Section 60.3(d) of the National Flood Insurance Program (NFIP) regulations. The Town of Virgil insist adopt floodplain management measures, such as a floodplain management ordinance, that meet or exceed the minunum NFIP requirements (copy enclosed) by March 2, 2010, to avoid suspension from the NFIR If suspended, your community becomes ineligible for flood insurance through the NFIP, new insurance policies cannot be sold, and existing policies cannot be renewed. The provisions of Section 202(a) of Public Law 93-234, as amended prohibits Federal officers or agencies from approving any form of loan, grant, guaranty, insurance, payment, rebate, subsidy, or disaster assistance loan or grant, for acquisition or construction purposes within Special Flood Hazard Areas (SFHAs), areas subject to inundation by the base (1 -percent -annual -chance) flood. Your community's suspension from the NFIP would prohibit mortgage loans guaranteed by the Department of Veterans Affairs, insured by the Federal Housing Administration, or secured by the Rural Economic and Community Development Services. This prohibition also affects the disaster assistance in con lection with a flood under the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988, as amended. Furthermore, Section 202(b) of Public Law 93-234, as amended, requires Federally regulated lending institutions to notify the purchaser or lessee of improved real property located in an SFHA, whether Federal disaster assistance will be available when the property is being used to secure a loan that is being made, increased, extended, or renewed. Your NFIP State Coordinator and FEMA would like to assist the Town of Virgil to ensure it remains .in good standing with the NFIP and avoids suspension from the Program. If your community is suspended, it may regain its eligibility in the NFIP by enacting the floodplain management measures established in 44 CFR Section 60.3 of the NFIP regulations. As stated in my previous www.fema.gov NI s 4. ":: John P. Kaminski JAN 15 2010 Page 2 correspondence, I recommend you contact your NFIP State Coordinator or the FEMA Regional Office if the Town of Virgil is encountering difficulties in enacting its measures. I recognize that your community may be in the final adoption process or may have recently adopted the appropriate floodplain management measures. Please submit these measures to the Floodplain Management Program at the New York Department of Environmental Conservation. William Nechamen, CFM, the NFIP State Coordinator, is accessible by telephone at (518) 402-8146, in writing at 625 Broadway, Albany, New York 12233-3507, or by electronic snail at wsnecham@gw.dec.state.ny.us. The FEMA Regional staff in New York, New York, is also available to assist you with your floodplain management measures. The FEMA Regional Office may be contacted by telephone at (212) 680-3620 and (212) 680-3600 or in writing. Please send your written inquiries to the Director, Federal Insurance and Mitigation Division, FEMA Region II, at 26 Federal Plaza, Room 1337, New York, New York 10278. In the event your community does not adopt and/or submit the necessary floodplain management measures that meet or exceed the minimum NFIP requirements, I must take the necessary steps to suspend your connnunity from the NFIP. This letter is FEMA's final notification before your community is suspended from the Program. Sincerely, Sandra K. Knight, PhD, PE, D.WRE Deputy Assistant Administrator for Mitigation Enclosure cc: Michael Moriarty, Acting Regional Administrator, FEMA Region Il William Nechamen, CFM, NFIP State Coordinator, New York Department of Environmental Conservation Bonnie P. Hand, Clerk and Collector, Town of Virgil FEDERAL EMERGENCY MANAGEMENT AGENCY Revised Oct. 21, 2002: This document: which is in two parts. contains a reprint of the National Flood Insurance Program (NFIP)'s regulations (44 CFR Parts 59-78), revised as of October 1, 2001, as well as final NFIP rules that became effective between October 1, 2001 and October 21, 2002. Part I contains the NFIP final regulations revised as of October 1, 2001. Part II contains the following NFIP rules published after that date: ■ A final rule published on February 27, 2002, which increases premium rates charged under the NFIP for "pre-FIRM,"V-zone properties. (Those'revisions became effective May 1. 2002.) ■ A final rule published on March 22. 2002, launching a pilot project to enable up to six intergovernmental risk pools to sell flood insurance under the Write Your Own (WYO) program. (Those revisions became effective on April '_2, 2002.) ■ A final rule published on August 9. 2002, revising the effective date of the WYO arrangement for the 2002-3 arrangement year. . (The change took effect October 1. 2002.) ■ An interim final rule published on September 30. 2002, permitting States to extend coverage under Group Flood Insurance Policies by paying premiums for the coverage. (The rule became effective October 15, 2002.) Federal Emergency Management Agency RECEIVED JAN 1 9 2010 1.59.24 § 59.24 Suspension of community eligi- bility. (a) A community eligible for the sale of flood insurance shall be subject to suspension from the Program for fail- ing to submit copies of adequate. flood plain management regulations meeting the minimum requirements of para- graphs (b), (c), (d), (e) or (f) of §60.3 or paragraph (b) of §60.4 or §60.5, within six months from the date the Adminis- trator provides the data upon which the flood plain regulations for the ap- plicable paragraph shall be based. Where there has not been any submis- sion by the community, the Adminis- trator shall notify the community that 90 days remain in the six month period in order to submit adequate flood plain management regulations. Where there has been an inadequate submission, the Administrator shall notify the commu- nity of the specific deficiencies in its .submitted flood plain management reg- ulations and inform the community of the amount of time remaining within the six month period. If, subsequently, copies of adequate flood plain manage- ment regulations are not received by the Administrator, no later than 30 days before the expiration of the origi- nal six month period the Administrator shall provide written notice to the community and to the state and assure publication in the FEDERAL REGISTER under part 64 of this subchapter of the community's loss of eligibility for the sale of flood insurance, such suspension to become effective upon the expira- tion of the six month period. Should the community remedy the defect and the Administrator receive copies of adequate flood plain management regu- lations within the notice period, the suspension notice shall be rescinded by the Administrator. If the Adminis- trator receives notice from the State that it has enacted adequate flood plain management regulations for the community within the notice period, the suspension notice shall be re- scinded by the Administrator. The community's eligibility shall remain terminated after suspension until cop- ies of adequate flood plain manage- ment regulations have been received and approved by the Administrator. (b) A community eligible for the sale of flood insurance which fails to ade- quately enforce flood. plain manage- ment regulations meeting the min- imum requirements set forth in §§60.3, 60.4 and/or 60.5 shall be subject to pro- bation. Probation shall represent for- mal notification to the community that the Administrator regards the community's flood plain management program as not compliant with NFIP criteria. Prior to imposing probation, the Administrator (1) shall inform the community upon 90 days prior written notice of the impending probation and of the specific program deficiencies and violations relative to the failure to en- force, (2) shall, at least 60 days before probation is to begin, issue a press re- lease to local media explaining the rea- sons for and the effects of probation, and (3) shall, at least 90 days before probation is to begin, advise all policy- holders in the community of the im- pending probation and the additional premium that will be charged, as pro- vided in this paragraph, on policies sold or renewed during the period of probation. During this 90 -day period the community shall have the oppor- tunity to avoid probation by dem- onstrating compliance with Program requirements, or by correcting Pro- gram deficiencies and remedying all violations to the maximum extent pos- sible. If, at the end of the 90 -day period, the Administrator determines that the community has failed to do so, the pro- bation shall go into effect. Probation may be continued for up to one year after the community corrects all Pro- gram deficiencies and remedies all vio- lations to the maximum extent pos- sible. Flood insurance may be sold or renewed in the community while it is on probation. Where a policy covers property located in a community placed on probation on or after October 1, 1986, but prior to October 1, 1992, an additional premium of $25.00 shall be charged on each such policy newly issued or renewed during the one-year period beginning on the date the com- munity is placed on probation and dur- ing any successive one-year periods that, begin prior to October 1, 1992. Where a community's probation begins on or after October 1, 1992, the addi- tional premium described in the pre- ceding sentence shall be $50.00, which 231 § 59.24 shall also be charged during. any suc- cessive one-year periods during which the community remains on probation for any part thereof. This $50.00 addi- tional premium shall further be charged during any successive one-year periods that begin on or after October 1, 1992, where the preceding one-year probation period began prior to Octo- ber 1, 1992. (c) A community eligible for the sale of flood insurance which fails to ade- quately enforce its flood plain manage- ment regulations meeting the min- imum requirements set forth in §§ 60.3, 60.4 and/or 60.5 and does not correct its Program deficiencies and remedy all violations to the maximum extent pos- sible in accordance with compliance deadlines established during a period of probation shall be subject to suspen- sion of its Program eligibility. Under such circumstances, the Administrator shall grant the community 30 days in which to show cause why it should not be suspended. The Administrator may conduct a hearing, written or oral, be- fore commencing suspensive action. If a community is to be suspended, the Administrator shall inform it upon 30 days prior written notice and upon publication in the FEDERAL REGISTER under part 64 of this subchapter of its loss of eligibility for the sale of flood insurance. In the event of impending suspension, the Administrator shall issue a press release to the local media explaining the reasons and effects of the suspension. The community's eligi- bility shall only be reinstated by the Administrator upon his receipt of a local legislative or executive measure reaffirming the community's formal intent to adequately enforce the flood plain management requirements of this subpart, together with evidence of ac- tion taken by the community to cor- rect Program deficiencies and remedy to the maximum extent possible those violations which caused the suspen- sion. In certain cases, the Adminis- trator, in order to evaluate the com- munity's performance under the terms of its submission, may withhold rein- statement for a period not to exceed one year from the date of his receipt of the satisfactory submission or place the community on probation as pro - 44 CFR Ch. i (10-1-99 Edition) vided for in paragraph (b) of this sec- tion. (d) A community eligible for the sale of flood insurance which repeals its flood plain management regulations, allows its regulations to lapse, or amends its regulations so that they no longer meet the minimum require- ments set forth in §§60.3, 60.4 and/or 60.5 shall be suspended from the Pro- gram. If a community is to be sus- pended, the Administrator shall inform it upon 30 days prior written notice and upon publication in the FEDERAL REG- ISTER under part 64 of this subchapter of its loss of eligibility for the sale of flood insurance. The community eligi- bility shall remain terminated after suspension until copies of adequate flood plain management regulations have been received and approved by the Administrator. (e) A community eligible for the sale of flood insurance may withdraw from the Program by submitting to the Ad- ministrator a copy of a legislative ac- tion that explicitly states its desire to withdraw from the National Flood In- surance Program. Upon receipt of a certified copy of a final legislative ac- tion, the Administrator shall withdraw the community from the Program and publish in the FEDERAL REGISTER under part 64 of this subchapter its loss of eli- gibility for the sale of flood insurance. A community that has withdrawn from the Program may be reinstated if its submits the application materials spec- ified in § 59.22(a). (f) If during a period of ineligibility under paragraphs (a), (d), or (e) of this section, a community has permitted actions to take place that have aggra- vated existing flood plain, mudslide (i.e., mudflow) and/or flood related ero- sion hazards, the Administrator may withhold reinstatement until the com- munity submits evidence that it has taken action to remedy to the max- imum extent possible the increased hazards. The Administrator may also place the reinstated community on probation as provided for in paragraph (b) of this section. (g) The Administrator shall promptly notify the servicing company and any insurers issuing flood insurance pursu- ant to an arrangement with the Ad- ministrator of those communities 232 Federal Emergency Management Agency RECEIVE® JAN 19 20160.1 whose eligibility has been suspended or which have withdrawn from the pro- gram. Flood insurance shall not be sold or renewed in those communities. Poli- cies sold or renewed within a commu- nity during a period of ineligibility are deemed to be voidable by the Adminis- trator whether or not the parties to sale or renewal had actual notice of the ineligibility. [41 FR 46968, Oct. 26, 1976. Redesignated at 44 FR 31177, May 31, 1979, and amended at 48 FR 44543 and 44552, Sept. 29, 1983; 49 FR 4751, Feb. 8, 1984; 50 FR 36023, Sept. 4, 1985; 57 FR 19540, May 7, 1992; 59 FR 53598, Oct. 25, 1994; 62 FR 55715, Oct. 27, 19971 PART 60—CRITERIA FOR LAND MANAGEMENT AND USE Subpart A—Requirements for Flood Plain Management Regulations Sec. 60.1 Purpose of subpart. 60.2 Minimum compliance with flood plain management criteria. 60.3 Flood plain management criteria for flood -prone areas. 60.4 Flood plain management criteria for mudslide (i.e., mudflow)-prone areas. 60.5 Flood plain management criteria for flood -related erosion -prone areas. 60.6 Variances and exceptions. 60.7 Revisions of criteria for flood plain management regulations. 60.8 Definitions. Subpart B—Requirements for State Flood Plain Management Regulations 60.11 Purpose of this subpart. 60.12 Flood plain management criteria for State-owned properties in special hazard areas. 60.13 Noncompliance. Subpart C—Additional Considerations in Managing Flood -Prone, Mudslide (i.e., Mudflow)-Prone, and Flood -Related Erosion -Prone Areas 60.21 Purpose of this subpart. 60.22 Planning considerations for flood - prone areas. 60.23 Planning considerations for mudslide (i.e., mudflow)-prone areas. 60.24 Planning considerations for flood -re- lated erosion -prone areas. 60.25 Designation, duties, and responsibil- ities of State Coordinating Agencies. 60.26 Local coordination. AUTHORITY: 42 U.S.C. 4001 et seq.; Reorga- nization. Plan No. 3 of 1978, 43 FR 41943, 3 CFR, 1978 Comp., p. 329; E.O. 12127 of Mar. 31, 1979, 44 FR 19367, 3 CFR, 1979 Comp., p. 376. SOURCE: 41 FR 46975, Oct. 26, 1976, unless otherwise noted. Redesignated at 44 FR 31177, May 31, 1979. Subpart A—Requirements for Flood Plain Management Regulations §60.1 Purpose of subpart. (a) The Act provides that flood insur- ance shall not be sold or renewed under the program within a community, un- less the community has adopted ade- quate flood plain management regula- tions consistent with Federal criteria. Responsibility for establishing such criteria is delegated to the Adminis- trator. (b) This subpart sets .forth the cri- teria developed in accordance with the Act by which the Administrator will determine the adequacy of a commu- nity's flood plain management regula- tions. These regulations must be le- gally -enforceable, applied uniformly throughout the community to all pri- vately and publicly owned land within flood -prone, mudslide (i.e., mudflow) or flood -related erosion areas, and the community must provide that the reg- ulations take precedence over any less restrictive conflicting local laws, ordi- nances or codes. Except as otherwise provided in §60.6, the adequacy of such regulations shall be determined on the basis of the standards set forth in §60.3 for flood -prone areas, § 60.4 for mudslide areas and § 60.5 for flood -related erosion areas. (c) Nothing in this subpart shall be construed as modifying or replacing the general requirement that all eligi- ble communities must take into ac- count flood, mudslide (i.e., mudflow) and flood -related erosion hazards, to the extent that they are known, in all official actions relating to land man- agement and use. (d) The criteria set forth in this sub- part are minimum standards for the adoption of flood plain management regulations by flood -prone, mudslide (i.e., mudflow)-prone and flood -related erosion -prone communities. Any com- munity may exceed the minimum cri- teria under this part by adopting more comprehensive flood plain management 233 § 60.2 regulations utilizing the standards such as contained in subpart C of this part. In some instances, community of- ficials may have access to information or knowledge of conditions that re- quire, particularly for human safety, higher standards than the minimum criteria set forth in subpart A of this part. Therefore, any flood plain man- agement regulations adopted by a State or a community which are more restrictive than the criteria set forth in this part are encouraged and shall take precedence. [41 FR 46975, Oct. 26, 1976. Redesignated at 44 FR 31177, May 31, 1979, as amended at 48 FR 44552, Sept. 29, 1983; 49 FR 4751, Feb.' 8, 1984] §60.2 Minimum compliance with flood plain management criteria. (a) A flood -prone community apply- ing for flood insurance eligibility shall meet the standards of •§60.3(a) in order to become eligible if a FHBM has not been issued for the community at the time of application. Thereafter, the community will be given a period of six months from the date the Adminis- trator provides the data set forth in §60.3(b), (c), (d), (e) or (f), in which to meet the requirements of the applica- ble paragraph. If a community has re- ceived a FHBM, but has not yet applied for Program eligibility, the community shall apply for eligibility directly under the standards set forth in §60.3(b). Thereafter, the community will be given a period of six months from the date the Administrator pro- vides the data set forth in §60.3(c), (d), (e) or (f) in which to meet the require- ments of the applicable paragraph. (b) A mudslide (i.e., mudflow)-prone community applying for flood insur- ance eligibility shall meet the stand- ards of §60.4(a) to become eligible. Thereafter, the community will be given a period of six months from the date the mudslide (i.e., mudflow) areas having special mudslide hazards are de- lineated in which to meet the require- ments of §60.4(b).. (c) A flood -related erosion -prone community applying for flood insur- ance eligibility shall meet the stand- ards of §60.5(a) to become eligible. Thereafter, the community will be given a period of six months from the date the flood -related 'erosion areas 44 CFR Ch: 1 (10-1-99 Edition) having special erosion hazards are de- lineated in which to meet the require- ments of §60.5(b). (d) Communities identified in part 65 of this subchapter as containing more than one type of hazard (e.g., any com- bination of special flood, mudslide (i.e., mudflow), and flood -related erosion hazard areas) shall adopt flood plain management regulations for each type of hazard consistent with the require- ments of §§ 60.3, 60.4 and 60.5. (e) Local flood plain management regulations may be submitted to the State Coordinating Agency designated pursuant to § 60.25 for its advice and concurrence. The submission to the .State shall clearly describe proposed enforcement procedures. (f) The community official respon- sible for submitting annual or biennial reports to the Administrator pursuant to § 59.22(b)(2) of this subchapter shall also submit copies of each annual or bi- ennial report to any State Coordi- nating Agency. (g) A community shall assure that its comprehensive plan is consistent with the flood plain management objectives of this part. (h) The community shall adopt and enforce flood plain management regu- lations based on data provided by the Administrator. Without prior approval of the Administrator, the community shall not adopt and enforce flood plain management regulations. based upon modified data reflecting natural or man-made physical changes. [41 FR 46975, Oct. 26, 1976. Redesignated at 44 FR 31177, May 31, 1979, as amended at 48 FR 29318, June 24, 1983; 48 FR 44552, Sept. 29, 1983; 49 FR 4751, Feb. 8, 1984; 50 FR 36024, Sept. 4, 1985; 59 FR 53598, Oct, 25, 1994; 62 FR 55716, Oct. 27, 1997] § 60.3 Flood plain management criteria for flood -prone areas. The Administrator will provide the data upon which flood plain manage- ment regulations shall be based. If the Administrator has not provided suffi- cient data to furnish a basis for these regulations in a particular community, the community shall obtain, review and reasonably utilize data available from other Federal, State or other sources pending receipt of data from 234 Federal Emergency Management Agency RECEIVED JAN 1 9 2010 §60.3 the Administrator. However, when spe- cial flood hazard area designations and water surface elevations have been fur- nished by the Administrator, they shall apply. The symbols defining such special flood hazard designations are set forth in §64.3 of this subchapter. In all cases the minimum requirements governing the adequacy of the flood plain management regulations for flood -prone areas adopted by a par- ticular community depend on the amount of technical data formally pro- vided to the community by the Admin- istrator. Minimum standards for com- munities are as follows: (a) When the Administrator has not defined the special flood hazard areas within a community, has not provided water surface elevation data, and has not provided sufficient data to identify the floodway or coastal high hazard area, but the community has indicated the presence of such hazards by sub- mitting an application to participate in the Program, the community shall: (1) Require permits for all proposed construction or other development in the community, including the place- ment of manufactured homes, so that it may determine whether such con- struction or other development is pro- posed within flood -prone areas; (2) Review proposed development to assure that all necessary permits have been received from those governmental agencies from which approval is re- quired by Federal or State law, includ- ing section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334; (3) Review all permit applications to determine whether proposed building sites will be reasonably safe from flooding. If a proposed building site is in a flood -prone area, all new construc- tion and substantial improvements shall (i) be designed (or modified) and adequately anchored to prevent flota- tion, collapse, or lateral movement of the structure resulting from hydro- dynamic and hydrostatic loads, includ- ing the effects of buoyancy, (ii) be con- structed with materials resistant to flood damage, (iii) be constructed by methods and practices that minimize flood damages, and (iv) be constructed with electrical, heating, ventilation, plumbing, and air conditioning equip- ment and other service facilities that are designed and/or located so as to prevent water from entering or accu- mulating within the components dur- ing conditions of flooding. (4) Review subdivision proposals and other proposed new development, in- cluding manufactured home parks or subdivisions, to determine whether such proposals will be reasonably safe from flooding. If a subdivision proposal or other proposed new development is in a flood -prone area, any such pro- posals shall be reviewed to assure that (i) all such proposals are consistent with the need to minimize flood dam- age within the flood -prone area, (ii) all public utilities and facilities, such as sewer, gas, electrical, and water sys- tems are located and constructed to minimize or eliminate flood damage, and (iii) adequate drainage is provided to reduce exposure to flood hazards; (5) Require within flood -prone areas new and replacement water supply sys- tems to be designed to minimize or eliminate infiltration of flood waters into the systems; and (6) Require within flood -prone areas (i) new and replacement sanitary sew- age systems to be designed to minimize or eliminate infiltration of flood wa- ters into the systems and discharges from the systems into flood waters and (ii) onsite waste disposal systems to be located to avoid impairment to them or contamination from them during flooding. (b) When the Administrator has des- ignated areas of special flood hazards (A zones) by the publication of a com- munity's FHBM or FIRM, but has nei- ther produced water surface elevation data nor identified a floodway or coast- al high hazard area, the community shall: (1) Require permits for all proposed construction and other developments including the placement of manufac- tured homes, within Zone A on the community's FHBM or FIRM; (2.) Require the application of the standards in paragraphs (a) (2), (3), (4), (5) and (6) of this section to develop- ment within Zone A on the commu- nity's FHBM or FIRM; 235 § 60.3 (3) Require that all new subdivision proposals and other proposed develop- ments (including proposals for manu- factured home parks and subdivisions) greater than 50 lots or 5 acres, which- ever is the lesser, include within such proposals base flood elevation data; (4) Obtain, review and reasonably uti- lize any base flood elevation and floodway data available from a Fed- eral, State, or other source, including data developed pursuant to paragraph (b)(3) of this section, as criteria for re- quiring that new construction, sub- stantial improvements, or other devel- opment in Zone A on the community's FHBM or FIRM meet the standards in paragraphs (c)(2), (c)(3), (c)(5), (c)(6), (c)(12), (c)(14), (d)(2) and (d)(3) of this section; (5) Where base flood elevation data are utilized, within Zone A on the com- munity's FHBM or FIRM: (i) Obtain the elevation (in relation to mean sea level) of the lowest floor (including basement) of all new and substantially improved structures, and (ii) Obtain, if the structure has been floodproofed in accordance with para- graph (c)(3)(li) of this section, the ele- vation (in relation to mean sea level) to which the structure was floodproofed, and .(iii) Maintain a record of all such in- formation with the official designated by the community under §59.22 (a)(9)(iii); (6) Notify, in riverine situations, ad- jacent communities and the State Co- ordinating Office prior to any alter- ation or relocation of a watercourse, and submit copies of such notifications to the Administrator; (7) Assure that the flood carrying ca- pacity within the altered or relocated portion of any watercourse is main- tained; (8) Require that all manufactured homes to be placed within Zone A on a community's FHBM or FIRM shall be installed using methods and practices which minimize flood damage. For the purposes of this requirement, manufac- tured homes must be elevated and an- chored to resist flotation, collapse, or lateral movement. Methods of anchor- ing may include, but are not to be lim- ited to, use of over -the -top or frame ties to ground anchors. This require - 44 CFR Ch. 1 (10-1-99 Edition) ment is in addition to applicable State and local anchoring requirements for resisting wind forces. (c) When the Administrator has pro- vided a notice of final flood elevations for one or more special flood hazard areas on the community's FIRM and, if appropriate, has designated other spe- cial flood hazard areas without base flood elevations on the community's FIRM, but has not identified a regu- latory floodway or coastal high hazard area, the community shall: (1) Require the standards of para- graph (b) of this section within all Al - 30 zones, AE zones, A zones, AH zones, and AO zones, on the community's FIRM; (2) Require that all new construction and substantial improvements of resi- dential structures within Zones Al -30, AE and AH zones on the community's FIRM have the lowest floor (including basement) elevated to or above the base flood level, unless the community is granted an exception by the Admin- istrator for the allowance of basements in accordance with § 60.6 (b) or (c); (3) Require that all new construction and substantial improvements of non- residential structures within Zones Al - 30, AE and AH zones on the commu- nity's firm (i) have the lowest floor (in- cluding basement) elevated to or above the base flood level or, (11) together with attendant utility and sanitary fa- cilities, be designed so that below the base flood level the structure is water- tight with walls substantially imper- meable to the passage of water and with structural components having the capability' of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; (4) Provide that where a non-residen- tial structure is intended to be made watertight below the base flood level, (i) a registered professional engineer or architect shall develop and/or review structural design, specifications, and plans for the construction, and shall certify that the design and methods of construction are in accordance with ac- cepted standards of practice for meet- ing the applicable provisions of para- graph (c)(3)(ii) or (c)(8)(ii) of this sec- tion, and (ii) a record of such certifi- cates which includes the specific ele- vation (in relation to mean sea level) 236 Federal Emergency Management Agency RECEIVED JAN 1 9 2010 §60.3 to which such structures are floodproofed shall be maintained with the official designated by the -commu- nity under § 59.22(a)(9)(iii); (5) Require, for all new construction and substantial improvements, that fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hy- drostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the fol- lowing minimum criteria: A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area sub- ject to flooding shall be. provided. The bottom of all openings shall be no high- er than one foot above grade. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that 'they permit the auto- matic entry and exit of floodwaters. (6) Require, that manufactured homes that are placed or substantially im- proved within Zones Al -30, AH, and AE on the community's FIRM on sites (i) Outside of a manufactured home park or subdivision, (ii) In a new manufactured home park or subdivision, (iii) In an expansion to an existing manufactured home park or subdivi- sion, or (iv) In an existing manufactured home park or subdivision on which a manufactured home has incurred "sub- stantial damage" as the result of a flood, be elevated on a permanent foun- dation such that the lowest floor of the manufactured home is elevated to or above the base flood elevation and be securely anchored to an adequately an- chored foundation system to resist floatation collapse and lateral move- ment. (7) Require within any AO zone on the community's FIRM that all new construction and substantial improve- ments of residential structures 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 commu- pity's FIRM (at least two feet if no depth number is specified); (8) Require within any AO zone on the community's FIRM that all new construction and substantial improve- ments of nonresidential structures (i) have the lowest floor (including base- ment) elevated above the highest adja- cent grade at least as high as the depth number specified in feet on the commu- nity's FIRM (at least two feet if no depth number is specified), or (ii) to- gether with attendant utility and sani- tary facilities be completely floodproofed to that level to meet the floodproofing standard specified in § 60.3(c)(3)(ii); (9) Require within any A99 zones on a community's FIRM the standards of paragraphs (a)(1) through (a)(4)(i) and (b)(5) through (b)(9) of this section; (10) Require until a regulatory floodway is designated, that no new construction, substantial improve- ments, or other development (including fill) shall be permitted within Zones Al -30 and AE on the community's FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated develop- ment, will not increase the water sur- face elevation of the base flood more than one foot at any point within the community. . (11) Require within Zones AH and AO, adequate drainage paths around struc- tures on slopes, to guide floodwaters around and away from proposed struc- tures. (12) Require that manufactured homes to be placed or substantially im- proved on sites in an existing manufac- tured home park or subdivision within Zones A-1-30, AH, and AE on the com- munity's FIRM that are not subject to the provisions of paragraph (c)(6) of this section be elevated so that either (i) The lowest floor of the manufac- tured home is at or above the base flood elevation, or (ii) The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and be securely anchored to an ade- quately anchored foundation system to 237 § 60.3 resist floatation, collapse, and lateral movement. (13) Notwithstanding any other provi- sions of §60.3, a community may ap- prove certain development in Zones Al - 30, AE, and AH, on the community's FIRM which increase the water surface elevation of the base flood by more than one foot, provided that the com- munity first applies for a conditional FIRM revision, fulfills the require- ments for such a revision as estab- lished under the provisions of §65.12, and receives the approval of the Ad- ministrator. (14) Require that recreational vehi- cles placed on sites within Zones Al -30, AH, and AE on the community's FIRM either (i) Be on the site for fewer than 180 consecutive days, (ii) Be fully licensed and ready for highway use, or (iii) Meet the permit requirements of paragraph (b)(1) of this section and the elevation and anchoring requirements for "manufactured homes" in para- graph (c)(6) of this section. 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 per- manently attached additions. (d) When the Administrator has pro- vided a notice of final base flood ele- vations within Zones Al -30 and/or AE on the community's FIRM and, if ap- propriate, has designated AO zones, AH zones, A99 zones, and A zones on the community's FIRM, and has provided data from which the community shall designate its regulatory floodway, the community shall: (1) Meet the requirements of para- graphs (c) (1) through (14) of this sec- tion; (2) Select and adopt a regulatory floodway based on the principle that the area chosen for the regulatory floodway must be designed to carry the waters of the base flood, without in- creasing the water surface elevation of that flood more than one foot at any point; (3) Prohibit encroachments, includ- ing fill, new construction, substantial improvements, and other development within the adopted regulatory 44 CFR Ch. 1 (10-1-99 Edition) floodway unless it has been dem- onstrated through hydrologic and hy- draulic analyses performed in accord- ance with standard engineering prac- tice that the proposed encroachment would not result in any increase in flood levels within the community dur- ing the occurrence of the base flood discharge; (4) Notwithstanding any other provi- sions of §60.3, a community may per- mit encroachments within the adopted regulatory floodway that would result in an increase in base flood elevations,. provided that the community first ap- plies for a conditional FIRM and floodway revision, fulfills the require- ments for such revisions as established under the provisions of §65.12, and re- ceives the approval of the Adminis- trator. (e) When the Administrator has pro- vided a notice of final base flood ele- vations within Zones .A1-30 and/or AE on the community's FIRM and, if ap- propriate, has designated AH zones, AO zones, A99 zones, and A zones on the community's FIRM, and has identified on the community's FIRM coastal high hazard areas by designating Zones Vl- 30, VE, and/or V, ,the community shall: (1) Meet the requirements of para- graphs (c)(1) through (14) of this sec- tion; (2) Within Zones V1-30, VE, and V on a community's FIRM, (i ) obtain the elevation (in relation to mean sea level) of the bottom of the lowest structural member of the lowest floor (excluding pilings and columns) of all new and substantially improved struc- tures, and whether or not such struc- tures contain a basement, and (ii) maintain a record of all such informa- tion with the official designated by the community under § 59.22(a)(9)(iii); (3) Provide that all new construction within Zones V1-30, VE, and V on the community's FIRM is located landward of the reach of mean high tide; (4) Provide that all new construction and substantial improvements in Zones V1-30 and VE, and also Zone V if base flood elevation data is available, on the community's FIRM, are elevated on pilings and columns so that (i) the bot- tom of the lowest horizontal structural member of the lowest floor (excluding the pilings or columns) is elevated to 238 Federal Emergency Management Agency RECEIVED JAS! 1 9 219 §60.3 or above the base flood level; and (ii) the pile or column foundation and structure attached thereto is anchored to resist flotation, collapse and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. Water loading values used shall be those asso- ciated with the base flood. Wind load- ing values used shall be those required by applicable State or local building standards. A registered professional en- gineer or architect shall develop or re- view the structural design, specifica- tions and plans for the construction, and shall certify that the design and methods of construction to be used are in accordance with accepted standards of practice for meeting the provisions of paragraphs (e)(4) (i) and (ii) of this section. (5) Provide that all new construction and substantial improvements within Zones V1-30, VE, and V on the commu- nity's FIRM have the space below the lowest floor either free of obstruction or constructed with non -supporting breakaway walls, open wood lattice- work, or insect screening intended to collapse under wind and water loads without causing collapse, displace- ment, or other structural damage to the elevated portion of the building or supporting foundation system. For the purposes of this section, a breakway wall shall have a design safe loading re- sistance of not less than 10 and no more than 20 pounds per square foot. Use of breakway walls which exceed a design safe loading resistance of 20 pounds per square foot (either by design or when so required by local or State codes) may be permitted only if a registered professional engineer or architect cer- tifies that the designs proposed meet the following conditions: (i) Breakaway wall collapse shall re- sult from a water load less than that which would occur during the base flood; and, (ii) The elevated portion of the build- ing and supporting foundation system shall not be subject to collapse, dis- placement, or other structural damage due to the effects of wind and water loads acting simultaneously on all building components (structural and non-structural). Water loading values used shall be those associated with the base flood. -Wind loading values used shall be those required by applicable State or local building standards. Such enclosed space shall be useable solely for parking of vehicles, building access, or storage. (6) Prohibit the use of fill for struc- tural support of buildings within Zones V1-30, VE, and V on the community's FIRM; (7) Prohibit man-made alteration of sand dunes and mangrove stands with- in Zones V1-30, VE, and V on the com- munity's FIRM which would increase potential flood damage. (8) Require that manufactured homes placed or substantially improved with- in Zones V1-30, V, and VE on the com- munity's FIRM on sites (i) Outside of a manufactured home park or subdivision, (ii) In a new manufactured home park or subdivision, (iii) In an expansion to an existing manufactured home park or subdivi- sion, or (iv) In an existing manufactured home park or subdivision on which a manufactured home has incurred "sub- stantial damage" as the result of a flood, meet the standards of paragraphs (e)(2) through (7) of this section and that manufactured homes placed or substantially improved on other sites in an existing manufactured home park or subdivision within Zones VI -30, V, and VE on the community's FIRM meet the requirements of paragraph (c)(12) of this section. (9) Require that recreational vehicles placed on sites within Zones V1-30, V, and VE on the community's FIRM ei- ther (i) Be on the site for fewer than 180 consecutive days, (ii) Be fully licensed and ready for highway use, or (iii) Meet the requirements in para- graphs (b)(1) and (e) (2) through (7) of this section. 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 per- manently attached additions. (f) When the Administrator has pro- vided a notice of final base flood ele- vations within Zones Al -30 or AE on 239 § 60.4 the community's FIRM, and, if appro- priate, has designated AH zones, AO zones, A99 zones, and A zones on the community's FIRM, and has identified flood protection restoration areas by designating Zones AR, AR/A1-30, AR/ AE, AR/AH, AR/AO, or AR/A, the com- munity shall: (1) Meet the requirements of para- graphs (c)(1) through (14) and (d)(1) through (4) of this section. (2) Adopt the official map or legal de- scription of those areas within Zones AR, AR/A1-30, AR/AE, AR/AH, AR/A, or AR/AO that are designated developed areas as defined in §59.1 in accordance with the eligibility procedures under §65.14. (3) For all new construction of struc- tures in areas within Zone AR that are designated as developed areas and in other areas within Zone AR where the AR flood depth is 5 feet or less: (i) Determine the lower of either the AR base flood elevation or the ele- vation that is 3 feet above highest adja- cent grade; and (ii) Using this elevation, require the standards of paragraphs (c)(1) through (14) of this section. (4) For all new, construction of struc- tures in those areas within Zone AR that are not designated as developed areas where the AR flood depth is greater than 5 feet: (i) Determine the AR base flood ele- vation; and (ii) Using that elevation require the standards of paragraphs (c)(1) through (14) of this section. (5) For all new construction of struc- tures in areas within Zone AR/A1-30, AR/AE, AR/AH, AR/AO, and AR/A: (i) Determine the applicable ele- vation for Zone AR from paragraphs (a)(3) and (4) of this section; (ii) Determine .the base flood ele- vation or flood depth for the under- lying Al -30, AE, AH, AO and A Zone; and (iii) Using the higher elevation from paragraphs (a)(5)(i) and (ii) of this sec- tion require the standards of para- graphs (c)(1) through (14) of this sec- tion. (6) For all substantial improvements to existing construction within Zones AR/A1-30, AR/AE, AR/AH, AR/AO, and AR/A: 44 CFR Ch. I (10-1-99 Edition) (i) Determine the Al -30 or AE, AH, AO, or A Zone base flood elevation; and (ii) Using this elevation apply the re- quirements of paragraphs (c)(1) through (14) of this section. (7) Notify the permit applicant that the area has been designated as an AR, AR/A1-30, AR/AE, AR/AH, AR/AO, or AR/A Zone and whether the structure will be elevated or protected to or above the AR base flood elevation. (41 FR 46975, Oct. 26, 1976] EDITORIAL NOTE: For FEDERAL REGISTER Ci- tations affecting §60.3, see the List of Sec- tions Affected in the Finding Aids section of this volume. § 60.4 Flood plain management criteria for mudslide (i.e., mudflow)-prone areas. The Administrator will provide the data upon which flood plain manage- ment regulations shall be based. If the Administrator has not provided suffi- cient data to furnish a basis for these regulations in a particular community, the community shall obtain, review, and reasonably utilize data available from other Federal, State or other sources pending receipt of data from the Administrator. However, when spe- cial mudslide (i.e., mudflow) hazard area designations have been furnished by the Administrator, they shall apply. The symbols defining such special mudslide (i.e., mudflow) hazard des- ignations are set forth in §64.3 of this subchapter. In all cases, the minimum requirements for mudslide (i.e., mud - flow) -prone areas adopted by a par- ticular community depend on the amount of technical data provided to the community by the Administrator. Minimum standards for communities are as follows: (a) When the Administrator has not yet identified any area within the com- munity as an area having special mudslide (i.e., mudflow) hazards, but the community has indicated the pres- ence of such hazards by submitting an application to participate in the Pro- gram, the community shall (1) Require permits for all proposed donstruction or other development in the community so that it may deter- mine whether development is proposed within mudslide (i.e., mudflow)-prone areas; 240