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