HomeMy WebLinkAboutMay 14, 2025 - Town of Enfield Public Hearing Regular Town Board Meeting Minutes1
Town of Enfield Public Hearing & Regular Town Board Meetfng
Wednesday, May 14, 2025
6:30 PM
In-Person and Via the Zoom Meetfng Platiorm
Present: Deputy Town Supervisor Greg Hutnik; Councilpersons Jude Lemke, Robert Lynch, Melissa Millspaugh,
and Cassandra Hinkle; Town Clerk Mary Cornell.
Virtual Attendance: Town Supervisor Stephanie Redmond.
Public Hearing Proposed NFIP Local Law
Deputy Supervisor Hutnik called the Public Hearing to order at 6:30 PM
Councilperson Lemke explained the reasoning behind this proposed law.
Rosy Carpenter: She finds herself in a situatfon where the majority of Enfield residents had not been informed
of the Local Law that is being presented. She had asked for all of Enfield tax payers to receive a letter informing
them of the proposed local law. She went to the Town Hall and they had maps that were difficult to read and
mealy and you can’t really tell what zone you are in. Flood insurance costs three tfmes the average of what
homeowners’ insurance does. She has lived in her home for 35 years and she has not been flooded, another
home in the flood plain has been there for 70 years and it has not been flooded. Was there any investfgatfons
to see if other municipalitfes have opted out? And she wants to know who has decided that this law needs to
be in place, as it does not make sense.
Robert Tuskey lives on Grey Road here in the Town of Enfield. What is the foundatfon that is driving this
proposal. A 1 % chance flood, has this been met? Based on what Ms. Carpenter has said she has not seen
flooding in 70 years and wants to understand what is driving this and what the board feels moving this
forward.
Rodger Linton. The objectfve of this law is to protect human life and health. Has anyone ever been made sick
or drowned from a flood in this town. He does not think anyone has every been sick or drowned. When has
any flooding happened that was costly. What does it mean to “prolong a business interruptfon”, can anyone
answer this questfon. If your business is put out of business because of flooding. How can you say that you can
minimize how long a business would be out of business.
John Rancich owns an apartment building near the flood zone and the last flood he knew about was in 1935.
He wants to know why a skate park was put on the boarder of his property and why know one spoke to him
before it was built. He wants to know why it was put there. And now the Town Board may pass a law about
flood insurance that he will need to purchase that it is not needed. The town wants flood insurance that it
does not need.
Rodger Linton – Has anyone investfgated if any municipalitfes have opted out.
Councilperson Lemke, there is a difference between a law and a mandate. Every municipality in NYS has passed
this law in one form or another. Councilperson Lemke, FEMA has redone the ir maps and designated a small
part of Enfield as being in a flood plain.
Councilperson Lynch stated he makes a point of not answering questfons during a public hearing as it is the
publics opportunity to comment. Councilperson Lynch – The Town Board added two provisions that are stricter
than the state’s mandates. One is no new residentfal constructfon is permitted in the flood plain.
Rodger Linton - If your property value is going to decrease by 70 % you wouldn’t want the law. Councilperson
Lynch gave a breakdown of the tfme frame of how this law had come about. At the tfme he asked FEMA if our
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planning board should start developing regulatfons, and he was told to hold off as they were not sure where
the boundaries would be and the town board did not act. In Mid-Dec - January the NYSDEC announced that we
had a very short window to respond to them with our Local Law. We took the boiler plate regulatfons that the
DEC gave us and we gave them our informatfon to review and that is why there was a delay in February of this
year and we are having the Public Hearing tonight, as the law needs to be in place before Mid-June.
Don Head asked was notfce sent to town residents that a public hearing was being held.
Clerk Cornell shared that notfces went out to those effected in the Flood Plain and addresses were provided by
FEMA.
Terry Carlisle, he is opposed to the law for all the points made. His wife is also opposed to the law. He is near
Enfield Center Rd by the bridge. He has been at his property for over 50 years and he has never had a flood or
gone to a federal agency for assistance.
Marie Van Demark has an interest in this as her family owns Sandy Creek trailer park and she understands the
towns positfon on being funneled into the state wide flood insurance program and what is it actually going to
do to help those in the town. As a town board you were elected to represent the town as a whole, is that true
or not? This law is great if you have need of flood insurance, not so great if you will not need to use it yet have
to pay for it. She is not saying that there will never be any flooding in Enfield. She is uncomfortable as the
board as a group is not saying that we are not comfortable with this mandated requirement for our town. This
is a major financial hardship for our town residents and any potentfal development. Boiler plate or not the
board does have a small voice and some power. This is not really suited to our town and we have a small
populatfon that would be affected and this would be a small benefit. There is not one positfve i tem that comes
from this. It is all negatfve effect and hardship for residents.
Councilperson Lemke said that in additfon to anyone who happens to have a federally backed loan in a flood
plain. If there is a presidentfal disaster declared Enfield would not be allowed to partfcipate or receive funding
for many different functfons. This effects more than just the residents in the Flood Zone.
Don Head asked for an extension on a vote for this local law.
Robert Tuskey asked if legal counsel had been sought or an investfgatfon into what optfons the Town has
available to them if they chose to not adopt the local law.
Rodger Linton asked who is requiring this law. We are not required by Federal Law; NYS Law is requiring us to
partfcipate.
Nate Cook, can the Town Board please explain the process that was taken to work around this law. The
recourse is to do our own mapping. The cost is in the 100,000’s of thousands of dollars.
Aurora Ulbing, her property borders the flood zone, it is a small portfon of her property. Could you please
clarify what parts of the law were more stringent. We would allow no new residentfal constructfon in the flood
plain only for new commercial property. This could be removed if the public does not want it to happen.
Supervisor Redmond, there is a possibility to have a variance granted by the Planning Board.
Don Head, he does not think that anyone would buy property in the flood plain.
Marie Vandemark, why would you restrict new homes if you are requiring flood insurance in the flood plain.
Councilperson Lemke, it was a questfon of safety and the planning board has the optfon to waive the
requirement in the variance process. The Planning Board felt like the variance process would protect the
residents.
Marie Vandemark, if you are going to adopt this you would need to strike th at out. You are creatfng a hardship,
this is discriminatory, the town does not have zoning. Why can a business rebuild and not a residentfal home. If
you are going to be looking at a business you would need to be before the planning board anyways.
Robert Tuskey, was there a decision made that a member of the planning board would not be here for this
meetfng? He would like to hear from the planning board, he would like to hear if you are going to have this law,
what is the distfnctfon being made in their determining if a variance is allowed.
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Councilperson Lynch shared that Greg Hutnik is an Alternate on the Planning Board. Greg shared it may come
down to a case-by-case basis. Usually, Dan Walker and Alan Teeter are present at these meetfngs.
Nate Cook, a comment was made earlier that some loans are federally backed. would a federal grant be
affected by this law. Councilperson Lemke, If the town is not in the NFIP program then they would not be
eligible for federal grants.
Supervisor Redmond moved to close the Public Hearing at 7:25 PM
Call to Order: Supervisor Redmond called the meetfng to order at 7:25 PM
Privilege of the Floor: Don Head asked when will the Town Board vote on the local law and Board Members
responded that they would at this meetfng. Councilperson Lynch led the assemblage in the pledge of
allegiance.
Monthly Reports
Anne Koreman: March sales tax is up approximately 9.06 % versus last year and municipalitfes that partfcipate
saw an increase of ~2 %. Jeff Smith (Director) is going to retfre from the Tompkins County Highway
Department. The County will be sealing and chip sealing 27 miles of road. The county maintains 106 bridges
throughout the County. The cost to repave a road for one mile was $125,000 and now this year it costs
$200,000. Chip sealing has gone up from $10,000 to $15,000. Lastly, she handed out business cards for the
Tompkins County Siren service. You can sign up for alerts and be notffied on all county notfces or select specific
notfficatfons with Siren.
Deputy Town Supervisor – Greg Hutnik. For the Town he has mostly worked on the Parks committee projects.
He brought up the Skate Park located in the Town Park across from the Town Hall. The project is at a standstfll
as there is no current funding to contfnue improvements at this tfme . Greg would like to clean up the skate
garden and could potentfally have a need to move materials closer to the highway department. Councilperson
Lynch asked what the current status of the pollinator garden. Clerk Cornell shared that she will be working with
Pollinator Pathways on garden maintenance.
Highway Superintendent: N/A
Code Enforcement Report: Hutnik read the report submitted by Alan Teeter.
Planning Board Report: Councilperson Lynch read the report from Dan Walker.
TCCOG: No Report as they have not yet met this month.
Consent Agenda:
Audit Claims: General Fund vouchers #95-118, dated May 14, 2025 in the amount of $107,076.68
Highway Fund vouchers #63-78, dated May 14, 2025 in the amount of $36,673.05
Approve Minutes: April 9, 2025 Public Hearing & Regular Town Board Meetfng minutes
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Councilperson Lynch moved and Councilperson Hinkle seconded.
VOTE: AYE; Hinkle, Lemke, Lynch, Millspaugh, Redmond.
NAY – 0 -CARRIED.
Business
Discussion: Presentatfon by Denzak. They mainly work with Miracle recreatfon playground equipment; they are
a second and third generatfon family operatfon. They gave a presentatfon on a possible inclusive playground
and why a town would want one. It is a playground where children of many different abilitfes can use the
playground. When working with municipalitfes they often work with the local Highway Department and
volunteers to complete projects. They have a consultant who can assist with the project. They currently have
him working on 10 projects in our region and he can help locate grant funds. She gave the board a packet of
informatfon to review and they would be more than happy to come back and look at any sites that we have in
mind. They have been doing this for a longtfme, they have a lot of playgrounds in NYS. Councilperson Hinkle,
she asked them to come tonight as an introductfon and we are looking for grants. Councilperson Hinkle will be
in touch to schedule a visit.
Discussion: Presentatfon by IQ Cannabis-Khuyay Corp. Daysi Briones and her son Anthony Briones. Daysi stated
her company was founded on July 7, 2021 and why they chose Enfield, honestly, they fell in love with Enfield.
They love the beautfful lands and she wants to have a farm and start a business here. This is an opportunity for
them to work with other farmers, they have been in business for a long tfme and it is important to her for the
community to be served. They have applied for a micro-business license with NYS, and they are looking for
funding to develop their business and then do the constructfon. What would the Community benefits be? They
want to create jobs within the community. It would be a source of revenue for the town. They want to do a lot
of educatfon and they would let their neighbors know what type of business they will be offering They want to
work in cooperatfon with the town. Councilperson Lynch. Will this be all indoor or outdoor as well ? They do
not have the start up funds to start a green house. To start everything would be done outdoors. In order to
make sure the plants are grown in accordance to their light schedule., and the lights would not be exposed at
night. They are also considering solar panels. How many jobs would be created. At least 10 jobs would be
created. They would have to have safety plans and a lot of things are required for compliance with NYS.
Councilperson Lynch explained a concern that the Planning Board had recently discussed. When Breezy
meadows did their presentatfon to the Planning Board, they explained that most of the propertfes would have
deed restrictfons. There is a fine line between agriculture and commercial productfon, commercial growing
would not be allowed. Anthony Briones, essentfally it is all under an agriculture aspect. They are not talking
about commercial extractfons and sending out to retail stores. It would be more of a farm sense. The teams
that he sees are farms of 10 ppl, walking the fields, watering, cutting it down, packaging and distributfng. They
do not know what water consumptfon to expect. They are not that far into the process. They are waitfng to
hear on approval of the micro business license. They have not done a cost analysis. Greg Hutnik the point of
agriculture to commercial changes when extractfon is involved. They would be turning the flowers into pre-
rolled joints. They purchased two lots and the plan for Lot 33 (5 acres) is for the Business. The plan is to build a
ranch on the upper lot, which will be there home. Councilperson Lynch what is the tfme plan , and are you
facing any additfonal deadlines at this tfme? The deadline for them was May 10th. They are not facing any
additfonal deficiencies to proceed with the review of their license. Rosy Carpenter - OCM site, they are very
specific with a whole library of materials that can be reviewed. The board needs to see what the site has on it.
Robert Tuskey asked about security protocols. With outside growing what kind of security measures are in
place? Anthony responded with fencing and cameras. Councilperson Lynch, are you keeping the trees?
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Anthony responded, yes, they are going to keep the trees. Julie Ellis-Grove. She lives next door to where this is
being proposed and she does not really understand what it will look like next door to them. She has a well,
which has dried out before. She has a 12-year-old son. She is concerned of the safety of her child and she has
some concerns and would appreciate more detailed informatfon. Daysi her objectfves include safety and
security they are going to focus on working with the community and she would like to make sure the
community knows what is going on.
RESOLUTION # 2025- 44 A local law for Flood Damage Preventfon as authorized by the New York State
Constftutfon, Artfcle IX, Sectfon 2, and Environmental Conservatfon Law, Artfcle 36
WHEREAS, upon proper notfce a Public Hearing was held on the 14th day of May, 2025, where all persons
wishing to speak regarding proposed Local Law #2 of 2025 were heard by the Enfield Town Board, and
WHEREAS, after consideratfon of all informatfon presented and available, it is the determinatfon of the Enfield
Town Board that the Town will be best served by adoptfng Local Law #2 of 2025- A local law for Flood Damage
Preventfon as authorized by the New York State Constftutfon, Artfcle IX, Sectfon 2, and Environmental
Conservatfon Law, Artfcle 36; so now therefore it be
RESOLVED, that the Town Board of the Town of Enfield hereby enacts, adopts and approves Local Law #2 of
2025 in the form as presented to this meetfng, being the same as was presented at the Public Hearing; and
further be it
RESOLVED, that the Town Clerk file this Local Law with the New York Department of State. BE IT FURTHER
RESOLVED, that said Local Law shall take effect immediately upon filing with the Secretary of State.
Local Law #2-2025. A local law for Flood Damage Preventfon as authorized by the New York State
Constftutfon, Artfcle IX, Sectfon 2, and Environmental Conservatfon Law, Artfcle 36
SECTION 1.0
STATUTORY AUTHORIZATION AND PURPOSE
1.1 FINDINGS
The Town Board of the Town of Enfield finds that the potentfal and/or actual damages from flooding and
erosion may be a problem to the residents of the Town of Enfield and that such damages may include:
destructfon or loss of private and public housing, damage to public facilitfes, both publicly and privately
owned, and injury to and loss of human life. To minimize the threat of such damages and to achieve the
purposes and objectfves 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 conditfons in specific areas by provisions designed to:
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(1) regulate uses which are dangerous to health, safety and property due to water or erosion hazards, or
which result in damaging increases in erosion or in flood heights or velocitfes;
(2) require that uses vulnerable to floods, including facilitfes which serve such uses, be protected against
flood damage at the tfme of initfal constructfon;
(3) control the alteratfon of natural floodplains, stream channels, and natural protectfve barriers which are
involved in the accommodatfon of flood waters;
(4) control filling, grading, dredging and other development which may increase erosion or flood damages;
(5) regulate the constructfon of flood barriers which will unnaturally divert flood waters or which may
increase flood hazards to other lands, and;
(6) qualify and maintain for partfcipatfon in the Natfonal Flood Insurance Program.
1.3 OBJECTIVES
The objectfves of this local law are:
(l) 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 undertaken at
the expense of the general public;
(4) to minimize prolonged business interruptfons;
(5) to minimize damage to public facilitfes and utflitfes 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 notffied 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
actfons.
SECTION 2.0
DEFINITIONS
Unless specifically defined below, words or phrases used in this local law shall be interpreted so as to give
them the meaning they have in common usage and to give this local law its most reasonable applicatfon.
“Accessory Structure” is a structure used solely for parking (two-car detached garages or smaller) or limited
storage, represent a minimal investment of not more than 10 percent of the value of the primary structure,
and may not be used for human habitatfon.
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"Appeal" means a request for a review of the Local Administrator's interpretatfon 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 Insurance 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 percent or
greater chance of flooding in any given year. This area may be designated as Zone A, AE, AH, AO, A1 -A30, A99,
V, VO, VE, or V1-V30. It is also commonly referred to as the base floodplain or l00-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 portfon 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 elevatfon 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 equalizatfon of
hydrostatfc forces which would be experienced during periods of flooding.
“Critfcal Facilitfes” means:
(1) Structures or facilitfes that produce, use, or store highly volatfle, flammable, explosive, toxic and/or
water-reactfve materials;
(2) Hospitals, nursing homes, and housing likely to contain occupants who may not be sufficiently mobile
to avoid death or injury during a flood;
(3) Police statfons, fire statfons, vehicle and equipment storage facilitfes, and emergency operatfons
centers that are needed for flood response actfvitfes before, during, and after a flood; and
(4) Public and private utflity facilitfes that are vital to maintaining or restoring normal services to flooded
areas before, during, and after a flood.
“Cumulatfve Substantfal Improvement” means any reconstructfon, rehabilitatfon, additfon, or other
improvement of a structure that equals or exceeds 50 percent of the market value of the structure at the tfme
of the improvement or repair when counted cumulatfvely for 10 years.
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"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, excavatfon or drilling operatfons 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 building in Zones V1-30, VE,
or V, to have the bottom of the lowest horizontal structure member of the elevated floor, elevated above the
ground level by means of pilings, columns (posts and piers), or shear walls parallel to the flow of the water and
(ii) adequately anchored so as not to impair the structural integrity of the building during a flood of up to the
magnitude of the base flood. In the case of Zones A1-A30, AE, A, A99, AO, AH, B, C, X, or D, "elevated building"
also includes a building elevated by means of fill or solid foundatfon perimeter walls with openings sufficient to
facilitate the unimpeded movement of flood waters. In the case of Zones V1 -V30, VE, or V, "elevated building"
also includes a building otherwise meetfng the definitfon of "e levated 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 Natfonal Flood
Insurance Program.
"Flood" or "Flooding" means a general and temporary conditfon of partfal or complete inundatfon of normally
dry land areas from:
(l) the overflow of inland or tfdal waters;
(2) the unusual and rapid accumulatfon 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 antfcipated
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 unantfcipated force of nature, such as a flash flood or an abnormal tfdal surge, or by
some similarly unusual and unforeseeable event which results in flooding a s 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 Elevatfon Study" means an examinatfon, evaluatfon and determinatfon of the flood hazards and, if
appropriate, corresponding water surface elevatfons, or an examinatfon, evaluatfon and determinatfon of
flood- related erosion hazards.
"Flood Hazard Boundary Map (FHBM)" means an official map of a community, issued by the Federal
Emergency Management Agency, where the boundaries of the areas of special flood hazard have been
designated as Zone A but no flood elevatfons 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 premium zones
applicable to the community.
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"Flood Insurance Study" see "flood elevatfon study".
"Floodplain" or "Flood-prone area" means any land area susceptfble to being inundated by water from any
source (see definitfon of "Flooding").
"Floodproofing" means any combinatfon of structural and non-structural additfons, changes, or adjustments
to structures which reduce or eliminate flood damage to real estate or improved real property, water and
sanitary facilitfes, structures and their contents.
"Floodway" - has the same meaning as "Regulatory Floodway".
"Functfonally dependent use" means a use which cannot perform its intended purpose unless it is located or
carried out in close proximity to water, such as a docking or port facility necessary for the loading and
unloading of cargo or passengers, shipbuilding, and ship repair facilitf es. The term does not include long-term
storage, manufacturing, sales, or service facilitfes.
"Highest adjacent grade" means the highest natural elevatfon of the ground surface, prior to constructfon,
next to the proposed walls of a structure.
"Historic structure" means any structure that is:
(1) listed individually in the Natfonal Register of Historic Places (a listfng maintained by the Department of
the Interior) or preliminarily determined by the Secretary of the Interior as meetfng the requirements for
individual listfng on the Natfonal Register;
(2) certffied or preliminarily determined by the Secretary of the Interior as contributfng 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 preservatfon programs
which have been approved by the Secretary of the Interior; or
(4) individually listed on a local inventory of historic places in communitfes with historic preservatfon
programs that have been certffied 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 grantfng 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 unfinished
or flood resistant enclosure, usable solely for parking of vehicles, building access, or storage in an area other
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than a basement area is not considered a building's lowest floor; provided, that such enclosure is not built so
as to render the structure in violatfon of the applicable non -elevatfon design requirements of this Local Law.
"Manufactured home" means a structure, transportable in one or more sectfons, which is built on a
permanent chassis and designed to be used with or without a permanent foundatfon when connected to the
required utflitfes. The term does not include a "Recreatfonal vehicle"
"Manufactured home park or subdivision" means a parcel (or contfguous parcels) of land divided into two or
more manufactured home lots for rent or sale.
"Mean sea level" means, for purposes of the Natfonal Flood Insurance Program, the Natfonal Geodetfc Vertfcal
Datum (NGVD) of l929, the North American Vertfcal Datum of 1988 (NAVD 88), or other datum, to which base
flood elevatfons shown on a community's Flood Insurance Rate Map are referenced.
"Mobile home" - has the same meaning as "Manufactured home".
"New constructfon" means structures for which the "start of constructfon" commenced on or after the
effectfve date of a floodplain management regulatfon adopted by the community and includes any subsequent
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 5l percent of the actual cash value of the structure, excluding
land value, is above ground.
"Recreatfonal vehicle" means a vehicle which is:
(1) built on a single chassis;
(2) 400 square feet or less when measured at the largest horizontal projectfons;
(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
recreatfonal, 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 cumulatfvely increasing the water surface
elevatfon 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 Sectfon 4.4-2 of this Law.
"Start of constructfon" means the date of permit issuance for new constructfon and substantfal improvements
to existfng structures, provided that actual start of constructfon, repair, reconstructfon, rehabilitatfon, additfon
placement, or other improvement is within 180 days after the date of issuance. The actual start of
constructfon means the first placement of permanent constructfon of a building (including a manufactured
home) on a site, such as the pouring of a slab or footfngs, installatfon of piling s or constructfon of columns.
Permanent constructfon does not include land preparatfon (such as clearing, excavatfon, grading, or filling), or
the installatfon of streets or walkways, or excavatfon for a basement, footfngs, piers or foundatfons, or the
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erectfon of temporary forms, or the installatfon of accessory buildings such as garages or sheds not occupied
as dwelling units or not part of the main building. For a substantfal improvement, the actual “start of
constructfon” means the first alteratfon of any wall, ceiling, floor, or other structural part of a building,
whether or not that alteratfon affects the external dimensions of the building.
"Structure" means a walled and roofed building, including a gas or liquid storage tank that is principally above
ground, as well as a manufactured home.
"Substantfal damage" means damage of any origin sustained by a structure whereby the cost of restoring the
structure to its before damaged conditfon would equal or exceed 50 percent of the market value of the
structure before the damage occurred. Substantfal damage also means flood-related damages sustained by a
structure on two separate occasions during a 10-year period for which the cost of repairs at the tfme of such
flood event, on the average, equals or exceeds 25 percent of the market value of the structure before the
damage occurred.
"Substantfal improvement" means any reconstructfon, rehabilitatfon, additfon, 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 constructfon" of the improvement. Substantfal improvement also means “cumulatfve substantfal
improvement.” The term includes structures which have incurred "substantfal 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 existfng violatfons of state or local health,
sanitary, or safety code specificatfons which have been identffied by the local code enforcement official and
which are the minimum necessary to assure safe living conditfons; or
(2) any alteratfon of a "Historic structure", provided that the alteratfon will not preclude the structure's
contfnued designatfon as a "Historic structure".
"Variance" means a grant of relief from the requirements of this local law which permits constructfon or use in
a manner that would otherwise be prohibited by this local law.
“Violatfon” means the failure of a structure or other development to be fully compliant with the community’s
flood plain management regulatfons.
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 jurisdictfon of the
Town of Enfield, Tompkins County.
3.2 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD
The areas of special flood hazard for the Town of Enfield, Community Number 360004 are identffied and
defined on the following documents prepared by the Federal Emergency Management Agency.
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(1) Flood Insurance Rate Map Panels:
36109C0152D, 36109C0154D, 36109C0156D, 36109C0157D, 36109C0158D, 36109C0159D, 36109C0165D,
36109C0166D, 36109C0167D, 36109C0168D, 36109C0169D, 36109C0176D, 36109C0177D, 36109C0178D,
36109C0179D, 36109C0186D, 36109C0187D, 36109C0188D, 36109C0189D
whose effectfve date is June 18, 2025.
(2) A scientffic and engineering report entftled “Flood Insurance Study, Tompkins County, New York,
(All Jurisdictfons),” dated June 18, 2025.
(3) Additfonal areas of special flood hazard as may be determined by the Enfield Town Board,
approved and reviewed by the appropriate state and/or federal authoritfes and incorporated
within this law by subsequent amendment.
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:
Code Enforcement Office, Town of Enfield, 182 Enfield Main Road, Enfield Courthouse, 2nd Floor.
3.3 INTERPRETATION AND CONFLICT WITH OTHER LAWS
This Local Law includes all revisions to the Natfonal Flood Insurance Program through June 26, 2001, and shall
supersede all previous laws adopted for the purpose of flood damage preventfon.
In their interpretatfon and applicatfon, the provisions of this local law shall be held to be minimum
requirements, adopted for the promotfon 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,
regulatfons, or ordinances, the most restrictfve, or that imposing the higher standards, shall govern.
3.4 SEVERABILITY
The invalidity of any sectfon or provision of this local law shall not invalidate any other sectfon 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 regulatfons. Any infractfon of the provisions of this local law by failure to comply with any of
its requirements, including infractfons of conditfons and safeguards established in connectfon with conditfons
of the permit, shall constftute a violatfon. Any person who violates this local law or fails to comply with any of
its requirements shall, upon convictfon thereof, be fined no more than $250 or imprisoned for not more than
l5 days or both. Each day of noncompliance shall be considered a separate offense. Nothin g herein contained
shall prevent the Town of Enfield from taking such other lawful actfon as necessary to prevent or remedy an
infractfon. 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 Sectfon 6.0 will be declared non -
compliant and notfficatfon sent to the Federal Emergency Management Agency.
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3.6 WARNING AND DISCLAIMER OF LIABILITY
The degree of flood protectfon required by this local law is considered reasonable for regulatory purposes and
is based on scientffic and engineering consideratfons. Larger floods can and will occur 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 Enfield any officer or employee
thereof, or the Federal Emergency Management Agency, for any flood damages that result from reliance on
this local law, or any administratfve 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 implement this local
law by grantfng 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 constructfon and other development to be
undertaken in areas of special flood hazard in this community for the purpose of protectfng its citfzens from
increased flood hazards and ensuring that new development is constructed in a manner that minimizes its
exposure to flooding. It shall be unlawful to undertake any development in an area of special flood hazard, as
shown on the Flood Insurance Rate Map enumerated in Sectfon 3.2, without a valid floodplain development
permit. Applicatfon for a permit shall be made on forms furnished by the Local Administrator and may include,
but not be limited to: plans, in duplicate, drawn to scale and showing: the nature, locatfon, dimen sions, and
elevatfons of the area in questfon; existfng or proposed structures, fill, storage of materials, drainage facilitfes,
and the locatfon of the foregoing.
4.2-2 FEES
All applicatfons for a floodplain development permit shall be accompanied by an applicatfon fee of $ 100.00.
In additfon, the applicant shall be responsible for reimbursing the Town of Enfield for any additfonal costs
necessary for review, inspectfon and approval of this project. The Local Administrator may require a deposit of
no more than $500.00 to cover these additfonal costs.
4.3 APPLICATION FOR A PERMIT
The applicant shall provide the following informatfon as appropriate. Additfonal informatfon may be required
on the permit applicatfon form.
(1) The proposed elevatfon, in relatfon to mean sea level, of the lowest floor (including basement or cellar)
of any new or substantfally improved residentfal structure to be located in a special flood hazard area. Upon
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completfon of the lowest floor, the permitee shall submit to the Local Administrator the as -built elevatfon,
certffied by a licensed professional engineer or surveyor.
(2) The proposed elevatfon, in relatfon to mean sea level, of the lowest floor (including basement or cellar)
of any new or substantfally improved non-residentfal structure to be located in Zones A1-A30, AE, or AH or
Zone A if base flood elevatfon data are available. Upon completfon of the lowest floor, the permitee shall
submit to the Local Administrator the as-built elevatfon, certffied by a licensed professional engineer or
surveyor.
(3) The proposed elevatfon, in relatfon to mean sea level, to which any new or substantfally improved non -
residentfal structure will be floodproofed. Upon completfon of the floodproofed portfon of the structure, the
permitee shall submit to the Local Administrator the as-built floodproofed elevatfon, certffied by a professional
engineer or surveyor.
(4) A certfficate from a licensed professional engineer or architect that any utflity floodproofing will meet
the criteria in Sectfon 5.2-3, UTILITIES.
(5) A certfficate from a licensed professional engineer or architect that any non-residentfal floodproofed
structure will meet the floodproofing criteria in Sectfon 5.4, NON-RESIDENTIAL STRUCTURES.
(6) A descriptfon of the extent to which any watercourse will be altered or relocated as a result of
proposed development. Computatfons by a licensed professional engineer must be submitted that
demonstrate that the altered or relocated segment will provide equal or greater conveyance than the original
stream segment. The applicant must submit any maps, computatfons or other material required by the
Federal Emergency Management Agency (FEMA) to revise the documents enumerated in Sectfon 3.2, when
notffied by the Local Administrator, 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.
(7) A technical analysis, by a licensed professional engineer, if required by the Local Administrator, which
shows whether proposed development to be located in an area of special flood hazard may result in physical
damage to any other property.
(8) In Zone A, when no base flood elevatfon data are available from other sources, base flood elevatfon
data shall be provided by the permit applicant for subdivision proposals and other proposed developments
(including proposals for manufactured home and recreatfonal vehicle parks and subdivisions) that are greater
than either 50 lots or 5 acres.
4.4 DUTIES AND RESPONSIBILITIES OF THE LOCAL ADMINISTRATOR
Dutfes 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 applicatfon review before issuing a floodplain
development permit:
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(1) Review all applicatfons for completeness, partfcularly with the requirements of subsectfon 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 constructfon and substantfal improvements shall meet the
applicable standards of Sectfon 5.0, CONSTRUCTION STANDARDS and, in partfcular, sub -sectfon 5.1-1
SUBDIVISION PROPOSALS.
(3) Determine whether any proposed development in an area of special flood hazard may result in physical
damage to any other property (e.g., stream bank erosion and increased flood velocitfes). The Local
Administrator may require the applicant to submit additfonal technical analyses and data necessary to
complete the determinatfon.
If the proposed development may result in physical damage to any other property or fails to meet the
requirements of Sectfon 5.0, CONSTRUCTION STANDARDS, no permit shall be issued. The applicant may revise
the applicatfon to include measures that mitfgate or eliminate the adverse effects and re-submit the
applicatfon.
(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 elevatfon data (these
areas are designated Zone A or V on the FIRM) nor identffied a floodway, the Local Administrator shall obtain,
review and reasonably utflize any base flood elevatfon and floodway data available from a Federal, State or
other source, including data developed pursuant to paragraph 4.3(7), as criteria for re quiring that new
constructfon, substantfal improvements or other proposed development meet the requirements of this law.
(2) When base flood elevatfon data are not available, the Local Administrator may use flood informatfon
from any other authoritatfve source, such as historical data, to establish flood elevatfons within the areas of
special flood hazard, for the purposes of this law.
(3) When an area of special flood hazard, base flood elevatfon, and/or floodway data are available from a
Federal, State or other authoritatfve source, but differ from the data in the documents enumerated in Sectfon
3.2, the Local Administrator may reasonably utflize the other flood informatfon to enforce more restrictfve
development standards.
4.4-3 ALTERATION OF WATERCOURSES
(l) Notfficatfon to adjacent municipalitfes that may be affected and the New York State Department of
Environmental Conservatfon prior to permitting any alteratfon or relocatfon of a watercourse and submit
evidence of such notfficatfon to the Regional Administrator, Region II, Federal Emergency Management Agency.
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(2) Determine that the permit holder has provided for maintenance within the altered or relocated portfon
of said watercourse so that the flood carrying capacity is not diminished.
4.4-4 CONSTRUCTION STAGE
(1) In Zones A1-A30, AE and AH, and Zone A if base flood elevatfon data are available, upon placement of
the lowest floor or completfon of floodproofing of a new or substantfally improved structure, obtain from the
permit holder a certfficatfon of the as-built elevatfon of the lowest floor or floodproofed elevatfon, in relatfon
to mean sea level. The certfficate shall be prepared by or under the direct supervision of a licensed land
surveyor or professional engineer and certffied by same. For manufactured homes, when otherwise
permitted, the permit holder shall submit the certfficate of elevatfon upon placement of the structure on the
site. A certfficate of elevatfon must also be submitted for a recre atfonal vehicle if it remains on a site for 180
consecutfve 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 certfficatfon shall be at the permit
holder's risk. The Local Administrator shall review all data submitted. Deficiencies detected shall be cause to
issue a stop work order for the project unless immediately corrected.
4.4-5 INSPECTIONS
The Local Administrator and/or the developer's engineer or architect shall make periodic inspectfons at
appropriate tfmes throughout the period of constructfon to monitor compliance with permit conditfons and
enable said inspector to certffy, 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 floodplain
development found ongoing without a development permit. Disregard of a stop work order shall subject the
violator to the penaltfes described in Sectfon 3.5 of this local law.
(2) The Local Administrator shall issue, or cause to be issued, a stop work order for any floodplain
development found non-compliant with the provisions of this law and/or the conditfons of the development
permit. Disregard of a stop work order shall subject the violator to the penaltfes described in Sectfon 3.5 of
this local law.
4.4-7 CERTIFICATE OF COMPLIANCE
(l) In areas of special flood hazard, as determined by documents enumerated in Sectfon 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
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untfl a certfficate of compliance has been issued by the Local Administrator statfng that the building or land
conforms to the requirements of this local law.
(2) A certfficate of compliance shall be issued by the Local Administrator upon satfsfactory completfon of
all development in areas of special flood hazard.
(3) Issuance of the certfficate shall be based upon the inspectfons conducted as prescribed in Sectfon 4.4 -
5, INSPECTIONS, and/or any certffied elevatfons, hydraulic data, floodproofing, anchoring requirements or
encroachment analyses which may have been required as a conditfon of the approved permit.
4.4-8 INFORMATION TO BE RETAINED
The Local Administrator shall retain and make available for inspectfon, copies of the following:
(1) Floodplain development permits and certfficates of compliance;
(2) Certfficatfons of as-built lowest floor elevatfons of structures, required pursuant to sub-sectfons
4.4-4(1) and 4.4-4(2), and whether or not the structures contain a basement;
(3) Floodproofing certfficates required pursuant to sub-sectfon 4.4-4(1), and whether or not the
structures contain a basement;
(4) Variances issued pursuant to Sectfon 6.0, VARIANCE PROCEDURES; and,
(5) Notfces required under sub-sectfon 4.4-3, ALTERATION OF WATERCOURSES.
SECTION 5.0
CONSTRUCTION STANDARDS
5.1 GENERAL STANDARDS
The following standards apply to new development, including new and substantfally improved structures, in
the areas of special flood hazard shown on the Flood Insurance Rate Map designated in Sectfon 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 recreatfonal vehicle parks and
subdivisions):
(l) Proposals shall be consistent with the need to minimize flood damage;
(2) Public utflitfes and facilitfes such as sewer, gas, electrical and water systems shall be located and
constructed so as to minimize flood damage; and,
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(3) Adequate drainage shall be provided to reduce exposure to flood damage.
5.1-2 ENCROACHMENTS
(1) Within Zones A1-A30 and AE, on streams without a regulatory floodway, no new constructfon,
substantfal improvements or other development (including fill) shall be permitted unless:
(i) the applicant demonstrates that the cumulatfve effect of the proposed development, when combined with
all other existfng and antfcipated development, will not increase the water surface elevatfon of the base flood
more than one foot at any locatfon, or,
(ii) the Town of Enfield agrees to apply to the Federal Emergency Management Agency (FEMA)for a conditfonal
FIRM revision, FEMA approval is received and the applicant provides all necessary data, analyses and mapping
and reimburses the Town of Enfield for all fees and other costs in relatfon to the applicatfon. The applicant
must also provide all data, analyses and mapping and reimburse the Town of Enfield for all costs related to the
final map revision.
(2) On streams with a regulatory floodway, as shown on the Flood Boundary and Floodway Map or the
Flood Insurance Rate Map adopted in Sectfon 3.2, no new constructfon, substantfal improvements or other
development in the floodway (including fill) shall be permitted unless:
(i) a technical evaluatfon by a licensed professional engineer demonstrates through hydrologic and hydraulic
analyses performed in accordance with standard engineering practfce that such an encroachment shall not
result in any increase in flood levels during occurrence of the base flood, or,
(ii) the Town of Enfield agrees to apply to the Federal Emergency Management Agency (FEMA) for a
conditfonal FIRM and floodway revision, FEMA approval is received and the applicant provides all necessary
data, analyses and mapping and reimburses the Town of Enfield for all fees and other costs in relatfon to the
applicatfon. The applicant must also provide all data, analyses and mapping and reimburse the Town of Enfield
for all costs related to the final map revisions.
(3) In Zones A1-A30, AE and AH, and also Zone A if base flood elevatfon data are available, if any
development is found to increase or decrease base flood elevatfons, the Town of Enfield shall as
soon as practfcable, but not later than six months after the date such informatfon becomes available, notffy
FEMA and the New York State Department of Environmental Conservatfon of the changes by submitting
technical or scientffic data in accordance with standard engineering practfce.
(4) Whenever any portfon of a floodplain is authorized for development, the volume of space occupied by
the authorized fill or structure below the base flood elevatfon shall be compensated for and balanced by a
hydraulically equivalent volume of excavatfon taken from below the base flood elevatfon at or adjacent to the
development site. All such excavatfons shall be constructed to drain freely to the watercourse. No area below
the waterline of a pond or other body of water can be credited as a compensatfng excavatfon.
5.2 STANDARDS FOR ALL STRUCTURES
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The following standards apply to new development, including new and substantfally improved structures, in
the areas of special flood hazard shown on the Flood Insurance Rate Map designated in Sectfon 3.2.
5.2-1 ANCHORING
New structures and substantfal improvement to structures in areas of special flood hazard shall be anchored to
prevent flotatfon, collapse, or lateral movement during the base flood. This requirement is in additfon to
applicable State and local anchoring requirements for resistfng wind forces.
5.2-2 CONSTRUCTION MATERIALS AND METHODS
(l) New constructfon and substantfal improvements to structures shall be constructed with materials and
utflity equipment resistant to flood damage.
(2) New constructfon and substantfal improvements to structures shall be constructed using methods and
practfces that minimize flood damage.
(3) For enclosed areas below the lowest floor of a structure within Zones A1 -A30, AE, AO or A, new and
substantfally improved structures shall have fully enclosed areas below the lowest floor that are useable solely
for parking of vehicles, building access or storage in an area other than a basement and which are subject to
flooding, designed to automatfcally equalize hydrostatfc flood forces on exterior walls by allowing for the entry
and exit of flood waters. Designs for meetfng this requirement must either be certffied by a licensed profes-
sional engineer or architect or meet or exceed the following minimum criteria:
(i) a minimum of two openings of each enclosed area having a total net area of not less than one square inch
for every square foot of enclosed area subject to flooding;
(ii) the bottom of all such openings no higher than one foot above the lowest adjacent finished grade and;
(iii) openings not less than three inches in any directfon.
Openings may be equipped with louvers, valves, screens or other coverings or devices provided they permit
the automatfc 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, heatfng, ventflatfng, air conditfoning, plumbing
connectfons, and other service equipment shall be located at least two feet above the base flood elevatfon, at
least three feet above the highest adjacent grade in a Zone A without an available base flood elevatfon where
permitted, or be designed to prevent water from entering and accumulatfng within the components during a
flood and to resist hydrostatfc and hydrodynamic loads and stresses. Electrical wiring and outlets, switches,
junctfon boxes and panels shall be elevated or designed to prevent water from entering and accumulatfng
within the components unless they conform to the appropriate provisions of the electrical part of the Building
Code of New York State or the Residentfal Code of New York State for locatfon of such items in wet locatfons;
20
(2) New and replacement water supply systems shall be designed to minimize or eliminate infiltratfon of
flood waters into the system;
(3) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltratfon of
flood waters. Sanitary sewer and storm drainage systems for buildings that have openings below the base
flood elevatfon shall be provided with automatfc backflow valves or other automatfc 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 contaminatfon
from them during flooding.
5.2-4 STORAGE TANKS
(1) Underground tanks shall be anchored to prevent flotatfon, collapse and lateral movement
during conditfons of the base flood.
(2) Above-ground tanks shall be:
a. anchored to prevent floatatfon, collapse or lateral movement during conditfons of the
base flood or;
b. installed at or above the base flood elevatfon as shown on the Flood Insurance Rate
Map enumerated in Sectfon 3.2 plus two feet.
5.3 RESIDENTIAL STRUCTURES
5.3-1 ELEVATION
The following standards apply to new or substantfally improved residentfal structures located in areas of
special flood hazard, in additfon to the requirements in sub-sectfons 5.1-1, SUBDIVISION PROPOSALS, and 5.1-
2, ENCROACHMENTS, and Sectfon 5.2, STANDARDS FOR ALL STRUCTURES.
1. Within Special Flood Hazard Areas, new constructfon and substantfal improvements shall
have the lowest floor (including basement) elevated to or above two feet above the base
flood elevatfon.
2. Within Zone A, if the Base flood elevatfon is not specified, a base flood elevatfon shall be
determined by either of the following:
a. Obtain and reasonably use data available from a federal, state or other source plus 2 feet
of freeboard or:
b. Determine the base flood elevatfon in accordance with accepted hydrologic and hydraulic
engineering practfces, plus freeboard. Determinatfons shall be undertaken by a
registered design professional who shall be documented that the technical methods used
21
reflect currently accepted engineering practfce. Studies, analyses, and computatfons
shall be submitted in sufficient detail to allow thorough review and approval.
(3) Within Zone AO, new constructfon and substantfal improvements shall have the lowest floor (including
basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on
the community's Flood Insurance Rate Map enumerated in Sectfon 3.2 plus two feet o f freeboard, or not less
than 3 feet if a depth number is not specified.
(4) Within Zones AH and AO, adequate drainage paths are required to guide flood waters around and away
from proposed structures on slopes.
5.4 NON-RESIDENTIAL STRUCTURES
The following standards apply to new and substantfally improved commercial, industrial and other non -
residentfal structures located in areas of special flood hazard, in additfon to the requirements in sub -sectfons
5.1-1, SUBDIVISION PROPOSALS, and 5.1-2, ENCROACHMENTS, and Sectfon 5.2, STANDARDS FOR ALL
STRUCTURES.
(1) Within Zones A1-A30, AE and AH, and also Zone A if base flood elevatfon data are available, new
constructfon and substantfal improvements of any non-residentfal structure shall either:
(i) have the lowest floor, including basement or cellar, elevated to or above two feet above the base flood
elevatfon; or
(ii) be floodproofed so that the structure is watertfght below two feet above the base flood elevatfon, including
attendant utflity and sanitary facilitfes, with walls substantfally impermeable to the passage of water. All
structural components located below the base flood level must be capable of resistfng hydrostatfc and
hydrodynamic loads and the effects of buoyancy.
(2) Within Zone AO, new constructfon and substantfal improvements of non-residentfal structures shall:
(i) have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the
depth number specified in feet on the community's FIRM plus two feet (at least three feet if no depth number
is specified), or
(ii) together with attendant utflity and sanitary facilitfes, be completely floodproofed to that level to meet the
floodproofing standard specified in sub-sectfon 5.4(1)(ii)
(3) If the structure is to be floodproofed, a licensed professional engineer or architect shall develop and/or
review structural design, specificatfons, and plans for constructfon. A Floodproofing Certfficate or other
certfficatfon shall be provided to the Local Administrator that certffies the design and methods of constructfon
are in accordance with accepted standards of practfce for meetfng the provisions of Sectfon 5.4(1)(ii), including
the specific elevatfon (in relatfon to mean sea level) to which th e structure is to be floodproofed.
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(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 elevatfon 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
The following standards in additfon to the standards in Sectfon 5.1, GENERAL STANDARDS, and Sectfon 5.2,
STANDARDS FOR ALL STRUCTURES apply, as indicated, in areas of special flood hazard to manufactured homes
and to recreatfonal vehicles which are located in areas of special flood hazard.
(1) Recreatfonal vehicles placed on sites within Zones A1-A30, AE and AH shall either:
(i) be on site fewer than 180 consecutfve days,
(ii) be fully licensed and ready for highway use, or
(iii) meet the requirements for manufactured homes in paragraphs 5.5(3), (4) and (5).
A recreatfonal 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 utflitfes and security devices and has no permanently attached additfons.
(2) The new placement of a manufactured home in areas of special flood hazard shall comply with
paragraphs (3), (4), and (5) of this sectfon.
(3) A manufactured home that is placed or substantfally improved in Zones A1-A30, AE, AH and Zone A
shall be elevated on a permanent foundatfon such that the bottom of the frame of the manufactured home
chassis is elevated to or above two feet above the base flood elevatfon and is securely anchore d to an
adequately anchored foundatfon system to resist flotatfon, collapse and lateral movement.
(4) Within Zone AO, the bottom of the frame of the manufactured home chassis shall be elevated above
the highest adjacent grade at least as high as the depth number specified on the Flood Insurance Rate Map
enumerated in Sectfon 3.2 plus two feet (at least three feet if no depth number is specified).
(5) The foundatfon and anchorage of manufactured homes to be located in identffied floodways shall be
designed and constructed in accordance with Sectfon 5.2 -1, ANCHORING.
5.6 ACCESSORY STRUCTURES INCLUDING DETACHED GARAGES
The following standards apply to new and substantfally improved accessory structures, including detached
garages, in the areas of special flood hazard shown on the Flood Insurance Rate Map designated in Sectfon 3.2.
(1) The accessory structure must meet the definitfon of structure, for floodplain management
purposes, provided in 44 CFR § 59.1, where walled and roofed shall be interpreted as having two
outside rigid walls and a fully secured roof.
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(2) The accessory structure should be small, as defined by the community and approved by FEMA, and
represent a minimal investment. Accessory structures of any size may be considered for a variance;
however, FEMA considers accessory structures that meet the following criteria to be small and
therefore not necessarily in need of a variance, if the community chooses to allow it:
a. Located in an A Zone (A, AE, A1-A30, AR, A99) and less than or equal to the size of a one-story,
two-car garage.
(3) Accessory structures must meet the standards of Sectfon 5.2-1, ANCHORING,
(4) The portfons of the accessory structure located below BFE plus two feet of freeboard must be
constructed with flood-resistant materials.
(5) Mechanical and utflity equipment for the accessory structure must be elevated or dry floodproofed
to or above BFE plus two feet of freeboard.
(6) Within Zones AO and Zone A, if base flood elevatfon data are not available, areas below three feet
above the highest adjacent grade shall be constructed using methods and practfces that minimize
flood damage.
(7) The accessory structure must comply with the floodway encroachment provisions of the NFIP.
(8) The accessory structure must be wet floodproofed to protect the structure from hydrostatfc
pressure. The design must meet the NFIP design and performance standards for openings per 44
CFR § 60.3(c)(5) and must allow for the automatfc entry and exit of floodwaters without manual
operatfon or the presence of a person (or persons)
.
5.7 CRITICAL FACILITIES
In order to prevent potentfal flood damage to certain facilitfes that would result in serious danger to life and
health, or widespread social or economic dislocatfon, no new critfcal facility shall be located within any Area of
Special Flood Hazard, or within any 500-year flood zone shown as a B zone or a Shaded X zone on the
Community’s Flood Insurance Rate Maps.
SECTION 6.0
VARIANCE PROCEDURE
6.1 APPEALS BOARD
(l) The Enfield Flood Damage Preventfon Appeals Board as established by the Enfield Town Board shall
hear and decide appeals and requests for variances from the requirements of this local law.
(2) The Enfield Flood Damage Preventfon Appeals Board shall hear and decide appeals when it is alleged
there is an error in any requirement, decision, or determinatfon made by the Local Administrator in the
enforcement or administratfon of this local law.
24
(3) Those aggrieved by the decision of the Enfield Flood Damage Preventfon Appeals Board
may appeal such decision to the Supreme Court pursuant to Artfcle 78 of the Civil Practfce Law and Rules.
(4) In passing upon such applicatfons, the Enfield Flood Damage Preventfon Appeals Board shall consider
all technical evaluatfons, all relevant factors, standards specified in other sectfons 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;
(iii) the susceptfbility 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 community;
(v) the necessity to the facility of a waterfront locatfon, where applicable;
(vi) the availability of alternatfve locatfons for the proposed use which are not subject to flooding or erosion
damage;
(vii) the compatfbility of the proposed use with existfng and antfcipated development;
(viii) the relatfonship of the proposed use to the comprehensive plan and floodplain management program of
that area;
(ix) the safety of access to the property in tfmes of flood for ordinary and emergency vehicles;
(x) the costs to local governments and the dangers associated with conductfng search and rescue operatfons
during periods of flooding;
(xi) the expected heights, velocity, duratfon, rate of rise and sediment transport of the flood waters and the
effects of wave actfon, if applicable, expected at the site; and
(xii) the costs of providing governmental services during and after flood conditfons, including search and
rescue operatfons, maintenance and repair of public utflitfes and facilitfes such as sewer, gas, electrical, and
water systems and streets and bridges.
(5) Upon consideratfon of the factors of Sectfon 6.l(4) and the purposes of this local law, the Enfield Flood
Damage Preventfon Appeals Board may attach such conditfons to the grantfng 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 actfons including technical informatfon
and report any variances to the Federal Emergency Management Agency upon request.
6.2 CONDITIONS FOR VARIANCES
25
(l) Generally, variances may be issued for new constructfon and substantfal improvements to be erected
on a lot of one-half acre or less in size contfguous to and surrounded by lots with existfng structures
constructed below the base flood level, providing items (i-xii) in Sectfon 6.l(4) have been fully considered. As
the lot size increases beyond the one-half acre, the technical justfficatfon required for issuing the variance
increases.
(2) Variances may be issued for the repair or rehabilitatfon of historic structures upon determinatfon that:
(i) the proposed repair or rehabilitatfon will not preclude the structure's contfnued designatfon as a "Historic
structure"; and
(ii) the variance is the minimum necessary to preserve the historic character and design of the structure.
(3) Variances may be issued by a community for new constructfon and substantfal improvements and for
other development necessary for the conduct of a functfonally dependent use provided that:
(i) the criteria of subparagraphs l, 4, 5, and 6 of this Sectfon are met; and
(ii) the structure or other development is protected by methods that minimize flood damages during the base
flood and create no additfonal 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 determinatfon that the variance is the minimum necessary,
considering the flood hazard, to afford relief.
(6) Variances shall only be issued upon receiving written justfficatfon of:
(i) a showing of good and sufficient cause;
(ii) a determinatfon that failure to grant the variance would result in exceptfonal hardship to the applicant; and
(iii) a determinatfon that the grantfng of a variance will not result in increased flood heights, additfonal threats
to public safety, extraordinary public expense, create nuisances, cause fraud on or victfmizatfon of the public or
conflict with existfng local laws or ordinances.
(7) Any applicant to whom a variance is granted for a building with the lowest floor below the base flood
elevatfon shall be given written notfce over the signature of a community official that:
(i) the issuance of a variance to construct a structure below the base flood level will result in increased
premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage; and
(ii) such constructfon below the base flood level increases risks to life and property.
Such notfficatfon shall be maintained with the record of all variance actfons as required in Sectfon 4.4 -8 of this
Local Law.
26
27
Be it enacted this __________ day of ___________________, 20___ by the
___________________________________________ of the ________________________
____________________________________,______________________________ County, New York, to be
effectfve ________________________________________________.
_____________________________
_____________________________
_____________________________
_____________________________
_____________________________
_____________________________
SEAL
_________________________________________
ATTEST_________________________________CLERK
28
Attachment A
MODEL FLOODPLAIN DEVELOPMENT
APPLICATION FORM
29
APPLICATION #________ Page 1 of 4
FLOODPLAIN DEVELOPMENT PERMIT APPLICATION
This form is to be filled out in duplicate.
SECTION 1: GENERAL PROVISIONS (APPLICANT to read and sign):
1. No work may start untfl a permit is issued.
2. The permit may be revoked if any false statements are made herein.
3. If revoked, all work must cease untfl permit is re-issued.
4. Development shall not be used or occupied untfl a Certfficate of Compliance is issued.
5. The permit is invalid if no work is commenced within six months of issuance, and expires 2 years from
date of issuance.
6. Applicant is hereby informed that other permits may be required to fulfill local, state and federal
regulatory requirements.
7. Applicant hereby gives consent to the Local Administrator or his/her representatfve to make reasonable
inspectfons required to verify compliance.
8. I, THE APPLICANT, CERTIFY THAT ALL STATEMENTS HEREIN AND IN ATTACHMENTS TO THIS APPLICATION
ARE, TO THE BEST OF MY KNOWLEDGE, TRUE AND ACCURATE.
(APPLICANT'S SIGNATURE) DATE
SECTION 2: PROPOSED DEVELOPMENT (To be completed by APPLICANT)
NAME ADDRESS TELEPHONE
APPLICANT
__________________________________________________________________________________________
_______
BUILDER
__________________________________________________________________________________________
_______
ENGI-
NEER ________________________________________________________
_________________________
PROJECT LOCATION:
To avoid delay in processing the applicatfon, please provide enough informatfon to easily identffy the project
locatfon. Provide the street address, lot number or legal descriptfon (attach) and, outside urban areas, the
distance to the nearest intersectfng road or well-known landmark. A map attached to this applicatfon, and a
sketch showing the project layout would be helpful.
30
APPLICATION #________ PAGE 2 of 4
DESCRIPTION OF WORK (Check all applicable boxes):
A. STRUCTURAL DEVELOPMENT
ACTIVITY STRUCTURE TYPE
New Structure Residentfal (1-4 Family)
Additfon Residentfal (More than 4 Family)
Alteratfon Non-residentfal (Floodproofing? Yes No)
Relocatfon Combined Use (Residentfal & Commercial)
Demolitfon Manufactured (Mobile) Home
Replacement (In Manufactured Home Park? Yes No)
ESTIMATED COST OF PROJECT $_________________
B. OTHER DEVELOPMENT ACTIVITIES:
Fill Mining Drilling Grading
Excavatfon (Except for Structural Development Checked Above)
Watercourse Alteratfon (Including Dredging and Channel Modificatfons)
Drainage Improvements (Including Culvert Work), Stormwater Control Structures or Ponds
Road, Street or Bridge Constructfon
Subdivision (New or Expansion)
Individual Water or Sewer System
Other (Please
Specify)___________________________________________________________________
After completfng SECTION 2, APPLICANT should submit form to Local Administrator for review.
31
SECTION 3: FLOODPLAIN DETERMINATION (To be completed by LOCAL ADMINISTRATOR)
The proposed development is located on FIRM Panel No. , Dated .
The Proposed Development:
The proposed development is reasonably safe from flooding. Entfre property is in Zone B, C or X.
The proposed development is in adjacent to a flood prone area.
100-Year flood elevatfon at the site is:
__________Ft. NGVD 1929/ NAVD 1988 (MSL)
Unavailable
See Sectfon 4 for additfonal instructfons for development that is or may be in a flood prone area.
SIGNED DATE
32
APPLICATION #________ PAGE 3 of 4
SECTION 4: ADDITIONAL INFORMATION REQUIRED (To be completed by LOCAL ADMINISTRATOR)
The applicant must submit the documents checked below before the applicatfon can be processed:
A site plan showing the locatfon of all existfng structures, water bodies, adjacent roads, lot
dimensions and proposed development.
Development plans and specificatfons, drawn to scale, including where applicable: details for
anchoring structures, proposed elevatfon of lowest floor (including basement), types of water
resistant materials used below the first floor, details of floodproofing of utflitfes located below the
first floor, details of enclosures below the first floor, openings in foundatfon for entry and exit of
floodwaters.
Other____________________________________________
Elevatfon Certfficate
Subdivision or other development plans (If the subdivision or other development exceeds 50 lots or
5 acres, whichever is the lesser, the applicant must provide 100-year flood elevatfons if they are
not otherwise available).
Plans showing the watercourse locatfon, proposed relocatfons, Floodway locatfon.
Topographic informatfon showing existfng and proposed grades, locatfon of all proposed fill.
Top of new fill elevatfon __________Ft. NGVD 1929/ NAVD 1988 (MSL)
PE Certfficatfon of Soil Compactfon
Floodproofing protectfon level (non-residentfal only) NGVD 1929/ NAVD 1988 (MSL)
For floodproofed structures, applicant must attach certfficatfon from registered engineer or architect.
Other:
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
SECTION 5: PERMIT DETERMINATION (To be completed by LOCAL ADMINISTRATOR)
33
I have determined that the proposed actfvity: A. Is
B. Is not
in conformance with provisions of Local Law #_________, (yr)______. This permit is hereby issued subject to
the conditfons attached to and made part of this permit.
SIGNED__________________________________, DATE_______________________________
If BOX A is checked, the Local Administrator may issue a Development Permit upon payment of designated
fee.
If BOX B is checked, the Local Administrator will provide a written summary of deficiencies. Applicant may
revise and resubmit an applicatfon to the Local Administrator or may request a hearing from the Board of
Appeals.
Expiratfon Date: ______________________
34
APPLICATION #________ Page 4 of 4
APPEALS: Appealed to Board of Appeals? Yes No
Hearing date:__________________________
Appeals Board Decision --- Approved? Yes No
Conditfons:
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
SECTION 6: AS-BUILT ELEVATIONS (To be submitted by APPLICANT before Certfficate of Compliance is issued)
The following informatfon must be provided for project structures. This sectfon must be completed by a
registered professional engineer or a licensed land surveyor (or attach a certfficatfon to this applicatfon).
Complete 1 or 2 below.
1. Actual (As-Built) Elevatfon of the top of the lowest floor, including basement (in Coastal High Hazard
Areas, bottom of lowest structural member of the lowest floor, excluding piling and columns) is:
FT.
NGVD 1929/ NAVD 1988 (MSL).
Attach Elevatfon Certfficate FEMA Form 81-31
2. Actual (As-Built) Elevatfon of floodproofing protectfon is FT. NGVD 1929/ NAVD 1988
(MSL).
Attach Floodproofing Certfficate FEMA Form 81-65
NOTE: Any work performed prior to submittal of the above informatfon is at the risk of the Applicant.
SECTION 7: COMPLIANCE ACTION (To be completed by LOCAL ADMINISTRATOR)
The LOCAL ADMINISTRATOR will complete this sectfon as applicable based on inspectfon of the project to
ensure compliance with the community's local law for flood damage preventfon.
INSPECTIONS: DATE____________BY_____________DEFICIENCIES? YES NO
DATE____________BY_____________DEFICIENCIES? YES NO
DATE____________BY_____________DEFICIENCIES? YES NO
SECTION 8: CERTIFICATE OF COMPLIANCE(To be completed by LOCAL ADMINISTRATOR)
35
Certfficate of Compliance issued: DATE: ________________________________
BY: _______________________________________________
36
Attachment B
SAMPLE
CERTIFICATE OF COMPLIANCE
for Development in a Special Flood Hazard Area
37
CERTIFICATE OF COMPLIANCE
FOR DEVELOPMENT IN A SPECIAL FLOOD HAZARD AREA
(Owner Must Retain This Certfficate)
Premises located at: __________________________________________________________
__________________________________________________________
__________________________________________________________
__________________________________________________________
Owner:
__________________________________________________________
Owner’s Address: __________________________________________________________
__________________________________________________________
__________________________________________________________
__________________________________________________________
Permit No. ___ Permit Date: _______
Check One:
New Building
Existfng Building
Fill
Other:
The Local Floodplain Administrator is to complete a. or b. below:
38
a. Compliance is hereby certffied with the requirements of Local Law No. , (yr) .
Signed: Dated:
b. Compliance is hereby certffied with the requirements of Local Law No. , (yr) , as modified by
variance no. , dated .
Signed: Dated: ________________________
39
Councilperson Millspaugh moved, and Councilperson Lemke seconded. Discussion: Councilperson Lynch
moved two successive amendments to the Flood Damage Preventfon Law and Councilperson Hinkle seconded.
Original as presented in the proposed local law:
5.3-1 ELEVATION
New residentfal structures located in areas of special flood hazard are not permitted.
The following standards apply to new or substantfally improved residentfal structures located in areas of
special flood hazard, in additfon to the requirements in sub-sectfons 5.1-1, SUBDIVISION PROPOSALS, and 5.1-
2, ENCROACHMENTS, and Sectfon 5.2, STANDARDS FOR ALL STRUCTURES.
1. Within Special Flood Hazard Areas, new constructfon and substantfal improvements shall
have the lowest floor (including basement) elevated to or above two feet above the base
flood elevatfon.
2. Within Zone A, if the Base flood elevatfon is not specified, a base flood elevatfon shall be
determined by either of the following:
c. Obtain and reasonably use data available from a federal, state or other source plus 2 feet
of freeboard or:
d. Determine the base flood elevatfon in accordance with accepted hydrologic and hydraulic
engineering practfces, plus freeboard. Determinatfons shall be undertaken by a
registered design professional who shall be documented that the technical methods used
reflect currently accepted engineering practfce. Studies, analyses, and computatfons
shall be submitted in sufficient detail to allow thorough review and approval.
(3) Within Zone AO, new constructfon and substantfal improvements shall have the lowest floor (including
basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on
the community's Flood Insurance Rate Map enumerated in Sectfon 3.2 plus two feet o f freeboard, or not less
than 3 feet if a depth number is not specified.
(4) Within Zones AH and AO, adequate drainage paths are required to guide flood waters around and away
from proposed structures on slopes.
Proposed Amendment to the proposed local law:
5.3-1 ELEVATION
The following standards apply to new or substantfally improved residentfal structures located in areas of
special flood hazard, in additfon to the requirements in sub-sectfons 5.1-1, SUBDIVISION PROPOSALS, and 5.1-
2, ENCROACHMENTS, and Sectfon 5.2, STANDARDS FOR ALL STRUCTURES.
1. Within Special Flood Hazard Areas, new constructfon and substantfal improvements shall have
the lowest floor (including basement) elevated to or above two feet above the base flood
40
elevatfon.
2. Within Zone A, if the Base flood elevatfon is not specified, a base flood elevatfon shall be
determined by either of the following:
e. Obtain and reasonably use data available from a federal, state or other source plus 2 feet
of freeboard or:
f. Determine the base flood elevatfon in accordance with accepted hydrologic and hydraulic
engineering practfces, plus freeboard. Determinatfons shall be undertaken by a
registered design professional who shall be documented that the technical methods used
reflect currently accepted engineering practfce. Studies, analyses, and computatfons
shall be submitted in sufficient detail to allow thorough review and approval.
(3) Within Zone AO, new constructfon and substantfal improvements shall have the lowest floor (including
basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on
the community's Flood Insurance Rate Map enumerated in Sectfon 3.2 plus two feet of freeboard, or not less
than 3 feet if a depth number is not specified.
(4) Within Zones AH and AO, adequate drainage paths are required to guide flood waters around and away
from proposed structures on slopes.
Vote: AYE; Hinkle, Lemke, Lynch, Millspaugh, and Redmond.
NAY; 0 CARRIED.
Original as presented in the proposed local law:
5.5 MANUFACTURED HOMES AND RECREATIONAL VEHICLES
The following standards in additfon to the standards in Sectfon 5.1, GENERAL STANDARDS, and Sectfon 5.2,
STANDARDS FOR ALL STRUCTURES apply, as indicated, in areas of special flood hazard to manufactured homes
and to recreatfonal vehicles which are located in areas of special flood hazard.
(1) Recreatfonal vehicles placed on sites within Zones A1-A30, AE and AH shall either:
(i) be on site fewer than 180 consecutfve days,
(ii) be fully licensed and ready for highway use, or
(iii) meet the requirements for manufactured homes in paragraphs 5.5(3), (4) and (5).
A recreatfonal 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 utflitfes and security devices and has no permanently attached additfons.
(2) The new placement of a manufactured home in areas of special flood hazard shall comply with
paragraphs (3), (4), and (5) of this sectfon. Is not permitted.
41
(3) A manufactured home that is placed or substantfally improved in Zones A1-A30, AE, AH and Zone A
shall be elevated on a permanent foundatfon such that the bottom of the frame of the manufactured home
chassis is elevated to or above two feet above the base flood elevatfon and is securely anchore d to an
adequately anchored foundatfon system to resist flotatfon, collapse and lateral movement.
(4) Within Zone AO, the bottom of the frame of the manufactured home chassis shall be elevated above
the highest adjacent grade at least as high as the depth number specified on the Flood Insurance Rate Map
enumerated in Sectfon 3.2 plus two feet (at least three feet if no depth number is specified).
(5) The foundatfon and anchorage of manufactured homes to be located in identffied floodways shall be
designed and constructed in accordance with Sectfon 5.2 -1, ANCHORING.
Proposed Amendment to the Proposed Local Law:
MANUFACTURED HOMES AND RECREATIONAL VEHICLES
The following standards in additfon to the standards in Sectfon 5.1, GENERAL STANDARDS, and Sectfon 5.2,
STANDARDS FOR ALL STRUCTURES apply, as indicated, in areas of special flood hazard to manufactured homes
and to recreatfonal vehicles which are located in areas of special flood hazard.
(1) Recreatfonal vehicles placed on sites within Zones A1-A30, AE and AH shall either:
(i) be on site fewer than 180 consecutfve days,
(ii) be fully licensed and ready for highway use, or
(iii) meet the requirements for manufactured homes in paragraphs 5.5(3), (4) and (5).
A recreatfonal 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 utflitfes and security devices and has no permanently attached additfons.
(2) The new placement of a manufactured home in areas of special flood hazard shall comply with
paragraphs (3), (4), and (5) of this sectfon.
(3) A manufactured home that is placed or substantfally improved in Zones A1-A30, AE, AH and Zone A
shall be elevated on a permanent foundatfon such that the bottom of the frame of the manufactured home
chassis is elevated to or above two feet above the base flood elevatfon and is securely anchored to an
adequately anchored foundatfon system to resist flotatfon, collapse and lateral movement.
(4) Within Zone AO, the bottom of the frame of the manufactured home chassis shall be elevated above
the highest adjacent grade at least as high as the depth number specified on the Flood Insurance Rate Map
enumerated in Sectfon 3.2 plus two feet (at least three feet if no depth number is specified).
(5) The foundatfon and anchorage of manufactured homes to be located in identffied floodways shall be
designed and constructed in accordance with Sectfon 5.2 -1, ANCHORING.
42
Vote: AYE; Hinkle, Lemke, Lynch, Millspaugh, and Redmond.
NAY; 0 CARRIED.
Board discussion contfnued on the proposed Flood Damage Preventfon Law, as amended:
Councilperson Lynch. He had some questfons and concerns and he knows what we said and that the state is
mandatfng this and if we do not comply it could be used against us. There was not one-person present tonight
that spoke in support of the law, and who said they wanted to buy flood insurance, and not one person said
that they have a federally backed loan that would require flood insurance. What are the penaltfes for violatfng
the requirements, Lynch asked? Councilperson Lynch said that from what he’s read the state law largely limits
sanctfons to the unavailability of flood insurance, little else. Councilperson Lemke - Ineligibility for Federal
grants for the Town is also a sanctfon. The State will cooperate with FEMA to impose sanctfons, which include
Ineligibility for federally backed mortgages. Councilperson Lynch sent an inquiry to the NYSDEC asking what the
sanctfons would be and if the Town would be fined. The NYSDEC and FEMA were unable to attend this meetfng
and Kelli Higgins-Roche sent a letter in support of the town joining the NFIP. Councilperson Lemke read
portfons of the letter to assist with answering some of the questfons. Supervisor Redmond said there are
people that may not be aware that as of June 18, 2025 they may no longer have a federally backed mortgage.
Supervisor Redmond, said people are not walking around with $300,000 in their pockets to purchase a home.
She understands that people are in a flood zone and these FEMA designatfons are becoming official on June
18, 2025. There is nothing that this Town Board can do to not make a property included in a flood zone. This is
not something that the Town Board has control over. Councilperson Lynch stated we have an obligatfon to
listen to those present. FEMA and the Federal programs may just be one sharpie swipe away from going away,
Lynch said, referring to potentfal Presidentfal executfve orders. Councilperson Lemke we have to represent all
of those who are in the Town and uphold State Law. Councilperson Lynch said he is listening to the people
tonight. Supervisor Redmond replied and asked what will you say to a resident who comes to a meetfng in June
18, 2025 and I have lost my mortgage. Councilperson Hinkle does not like this and does not want the state to
come down on us for it. Can we fight this and to what end?
Vote on RESOLUTION # 2025- 44 A local law for Flood Damage Preventfon as authorized by the New York
State Constftutfon, Artfcle IX, Sectfon 2, and Environmental Conservatfon Law, Artfcle 36 (as amended)
Vote: AYE; Hinkle, Lemke, Millspaugh, and Redmond.
NAY; Lynch CARRIED.
RESOLUTION # 2025- 45 Authorize Supervisor Redmond to Send Letter of No Objectfon
WHEREAS, IQ Cannabis-Khuyay Corp, a New York State entfty currently applying for an Adult-Use
Microbusiness License with the Office of Cannabis Management (OCM), requested a Letter of No Objectfon
from the Town of Enfield Town Board be issued by April 22, 2025; an d
WHEREAS, the Town Board was scheduled to meet next on May 14, 2025 which would not align with the
deadline requested by IQ Cannabis-Khuyay Corp, and
WHEREAS, the Town Board engaged in email discussions regarding the issuance of the Letter of No Objectfon
with a clear majority of members expressing their support for issuing the letter prior to the April 22nd
deadline; now therefore be it
43
RESOLVED, that the Enfield Town Board hereby ratffies its decision and authorizes Supervisor Redmond to send
the Letter of No Objectfon accordingly.
Councilperson Hinkle moved and Councilperson Millspaugh seconded. Councilperson Lynch moved to table the
resolutfon untfl the June Town Board Meetfng there was no second.
Vote: AYE; Hinkle, Lemke, Millspaugh, and Redmond.
NAY; Lynch CARRIED.
Resolutfon # 2025-46 A RESOLUTION FOR THE TOWN OF ENFIELD TOWN SUPERVISOR TO SEND A REQUEST
TO FEDERAL AND STATE ELECTED OFFICIALS TO DEFEND THE CONSTITUTION AND CONSTITUTIONAL RIGHTS
OF CITIZENS
WHEREAS, as elected officials sworn to uphold and protect the Constftutfon of the United States of America,
we are increasingly alarmed by actfons we are seeing that violate fundamental Constftutfonally protected
rights; and
WHEREAS, the First Amendment to the Constftutfon states, “Congress shall make no law respectfng an
establishment of religion, or prohibitfng the free exercise thereof; or abridging the freedom of speech, or of
the press; or the right of the people peaceably to assemble, and to petftfon the Government for a redress of
grievances;” and
WHEREAS, the First Amendment affirms the people’s rights to express and to be exposed to a wide range of
opinions and views; and
WHEREAS, U.S. Immigratfon and Customs Enforcement (ICE) is unilaterally revoking visas and green cards from
people based on these individuals exercising their Constftutfonally protected expression of viewpoints; and
WHEREAS, the Fifth Amendment to the U.S. Constftutfon states: “…nor shall any State deprive any person of
life, liberty, or property, without due process of law,” and
WHEREAS, currently, U.S. Immigratfon and Customs Enforcement (ICE) is unilaterally revoking visas and
deportfng people without judicial review or due process; and
WHEREAS, we recognize that due process is not an obstacle to justfce; it is a Constftutfonally guaranteed right
for a person accused to see what they are accused of and to present contrary evidence; and
WHEREAS, the judiciary is one of three independent branches of the federal government; the independence of
one branch acts as a check on the other two branches, specifically protectfng Constftutfonally recognized rights
and the rule of law; and
WHEREAS, in a series of recent executfve orders, President Trump has restricted the ability of specific law
firms, including those that employed his perceived politfcal opponents, to interact with the federal
government; and
44
WHEREAS, United States law affords persons the right to petftfon the federal courts for a writ of habeas
corpus; and
WHEREAS, Federal Judge James Boasberg ordered the Trump administratfon to return at least two plane loads
of immigrants so his court could determine if they were being properly deported; and
WHEREAS the Trump administratfon officials ignored Federal Judge James Boasberg’s order, and have
contfnued to send the planes to El Salvador subsequent to Federal Judge James Boasberg’s order; and
WHEREAS, German Lutheran pastor Martfn Niemöller eloquently expressed the necessity to speak out against
attacks on a country’s civil libertfes:
Then they came for the trade unionists, and I did not speak out—
Because I was not a trade unionist.
Then they came for the Jews, and I did not speak out—
Because I was not a Jew.
Then they came for me—and there was no one left to speak for me.
Now, therefore, be it RESOLVED, that as elected officials, we cannot stand silent as members of our
constftuencies are threatened by the actfons of federal officials described above; and be it further
RESOLVED, that as democratfcally elected officials sworn to uphold and defend the U.S. Constftutfon, we must
take actfon to ensure that residents are not afraid to speak out on issues they find important in our democracy;
and be it further
RESOLVED, that as elected officials, our ability to create and maintain a safe and stable community is
undermined when our residents live in fear of being rounded up by the federal agents and deported at any
moment; and be it further
RESOLVED, that as elected officials, we acknowledge that adherence to the rule of law helps to preserve the
rights of all people in a democratfc society; and be it further
RESOLVED, that as elected officials, we implore our federal and state representatfves to take any and all
appropriate legal actfons to ensure that all members of the federal government follow the Constftutfon and
respect the rule of law; and be it further
RESOLVED, that, being that these are tumultuous tfmes, it is our charge and responsibility as elected officials to
represent our constftuents, to uphold the core tenets of democracy and the U.S. Constftutfon, in order to
prevent our natfon from slipping into dangerous and authoritarian chaos; and be it further
RESOLVED, that as elected officials we ask the Town Supervisor to send this resolutfon to the following:
President Donald J. Trump, President of the Unites States; Pamela Jo Bondi, United States Attorney General;
Congressman James Michael (Mike) Johnson, Speaker of the United States House of Representatfves; Senator
John R. Thune, Majority Leader of the United States Senate; Senator Charles Schumer, Minority Leader of the
United States Senate; Senator Kirsten Gillibrand, United States Senate, Congressman; Josh Riley, United States
House of Representatfves; New York State Governor Kathy Hochul; New York State Attorney General Letftfa
James; New York State Senator Lea Webb; and New York State Assemblymember Anna Kelles.
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Councilperson Millspaugh moved and Councilperson Hinkle seconded. Discussion: Councilperson Lynch read
the resolutfon into the record. Councilperson Lynch moved and Councilperson Hinkle seconded an amendment
to read the following changes:
Original Title of the resolutfon:
“A RESOLUTION FOR THE TOWN OF ENFIELD TOWN SUPERVISOR TO SEND A REQUEST TO NEW YORK STATE
FEDERAL AND STATE ELECTED OFFICIALS TO DEFEND THE CONSTITUTION AND CONSTITUTIONAL RIGHTS OF
CITIZENS”
Amended Title of the resolutfon:
“A RESOLUTION FOR THE TOWN OF ENFIELD TOWN SUPERVISOR TO SEND A REQUEST TO FEDERAL AND STATE
ELECTED OFFICIALS TO DEFEND THE CONSTITUTION AND CONSTITUTIONAL RIGHTS OF CITIZENS”
Original last RESOLVED paragraph
RESOLVED, that as elected officials we ask the Town Supervisor to send this resolutfon to Senator Schumer,
Senator Gillibrand, Representatfve Riley, Governor Hochul, Attorney General James, Senator Webb, and
Assemblymember Kelles.
Amended last RESOLVED paragraph:
RESOLVED, that as elected officials we ask the Town Supervisor to send this resolutfon to the following:
President Donald J. Trump, President of the Unites States; Pamela Jo Bondi, United States Attorney General;
Congressman James Michael (Mike) Johnson, Speaker of the United States House of Representatfves; Senator
John R. Thune, Majority Leader of the United States Senate; Senator Charles Schumer, Minority Leader of the
United States Senate; Senator Kirsten Gillibrand, United States Senate, Congressman; Josh Riley, United States
House of Representatfves; New York State Governor Kathy Hochul; New York State Attorney General Letftfa
James; New York State Senator Lea Webb; and New York State Assemblymember Anna Kelles.
Vote on amendment
Discussion on the amended Resolutfon: Councilperson Lynch. He may as an individual support or he may not
support what is in this resolutfon. However, if he is at home and types this letter as an individual that is one
thing, but when he walks into this room, he is then representfng 3,600 people and there are some people who
will support the policies in this resolutfon and others who may condemn it. He feels that he cannot just rubber
stamp a resolutfon that is so politfcally motfvated. Constftuents may say “You know Bob Lynch, you no longer
represent me anymore and I am not sure who you represent, but you no longer represent me”. He cannot in
good conscience put a vote to something that has a minimal impact. Councilperson Lemke what this resolutfon
is requestfng that elected officials respect the Constftutfon and respect the rule of the law. They are required to
do that by their own oath anyway.
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Vote on the amendment:
VOTE: AYE; Hinkle, Lemke, Lynch, Millspaugh, and Redmond.
NAY; 0 CARRIED
Vote on the amended resolutfon
VOTE: Aye; Millspaugh, Hinkle, Lemke, Redmond
Nay; Lynch CARRIED
RESOLUTION #2025-47 A RESOLUTION FOR THE TOWN OF ENFIELD TO OPPOSE THE REMOVAL OF TAX-
EXEMPT STATUS OF MUNICIPAL BONDS
WHEREAS, an advisor to President Trump recently floated the idea of taxing municipal bonds; and
WHEREAS, infrastructure needs of the country include maintaining roads, utflitfes, water and sewer systems,
and public buildings; and
WHEREAS, said infrastructure is typically financed through tax-exempt municipal bonds; and
WHEREAS, the tax-exempt yields at which these municipalitfes borrow are typically lower than comparably
rated corporate bonds and US Treasuries; and
WHEREAS, according to the Public Finance Network, an organizatfon formed to preserve the tax-exemptfon of
municipal bonds, estfmates that the eliminatfon of the municipal bond tax-exemptfon would result in more
than $800 billion in higher interest costs for issuing municipalitfes over the next 10 years; and
WHEREAS, higher financing costs to back such projects will mostly fall to a municipality’s constftuents, who are
servicing the debt as part of their tax payments; and
WHEREAS, the Town of Enfield has issued municipal bonds in the past and may issue such bonds in the future.
bonds that would be negatfvely affected by the removal of tax-exempt status; now, therefore, be it
RESOLVED, that the Town of Enfield strongly opposes the removal of tax-exempt status to municipal bonds;
and be it further
RESOLVED, that as elected officials, we implore our federal and state representatfves to take any and all
appropriate legal actfons to ensure that all municipal bonds contfnue to enjoy their tax-exempt status, and be
it further
RESOLVED, that as elected officials we ask the Town Supervisor to send this resolutfon to President Trump,
Senator Schumer, Senator Gillibrand, Representatfve Riley, Governor Hochul, Senator Webb, and
Assemblymember Kelles.
Councilperson Lemke moved and Councilperson Millspaugh seconded. Discussion: Councilperson Lynch moved
and Councilperson Lemke seconded an amendment to the Resolutfon. Discussion: Councilperson Lynch stated
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that the amendment would make the resolutfon more Enfield-specific. He noted the resolutfon was originally
adopted by the Town of Lansing, which antfcipates bonding a highway barn’s constructfon. Enfield has no
similar bonding antfcipated at this tfme.
Original seventh paragraph:
WHEREAS, the Town of Enfield plans on issuing bonds that would be negatfvely affected by the removal of tax-
exempt status; now, therefore, be it
Amended seventh paragraph to read:
WHEREAS, the Town of Enfield has issued municipal bonds in the past and may issue such bonds in the future.
bonds that would be negatfvely affected by the removal of tax-exempt status; now, therefore, be it….
Vote on amendment
Vote: AYE; Hinkle, Lemke, Lynch, Millspaugh, and Redmond.
NAY; 0 CARRIED
Discussion on the amended resolutfon: Councilperson Lynch his opinion on this is different from the previous
resolutfon as it could have a direct impact on the town. This was handed to us by Lansing. Councilperson said
he has no idea of how seriously Congress is considering removal of municipal bonds’ tax exempt status.
Councilperson Lynch read the resolutfon. There was no further discussion.
Vote on amended resolutfon
Vote: AYE; Hinkle, Lemke, Lynch, Millspaugh, and Redmond.
NAY; 0 CARRIED
RESOLUTION #2025-48 A Resolutfon Endorsing New York State Legislatfon A7620 and S7072 – Expands the
Tompkins County Industrial Development Agency (TCIDA) from Seven (7) to Nine (9) Members
Whereas, on January 8, 2025, the Enfield Town Board, by Resolutfon #32-2025, recommended the New York
State Legislature adopt a Home Rule Law to expand membership on the Tompkins County Industrial
Development Agency (TCIDA) Board of Directors from seven to nine members; and
Whereas, in the opinion of this Town Board, such membership expansion would provide Enfield and other
rural municipalitfes enhanced opportunitfes to partfcipate in TCIDA decisions affectfng rural development and
the tax abatement decisions attached thereto; and
Whereas, on April 1, 2025, actfng at the request of the Tompkins County Legislature, New York State
Assemblymember Anna Kelles and New York State Senator Lea Webb, both who represent Tompkins County,
sponsored legislatfon known as A7620 and S7072 that “Expands the Tompkins County Industrial Development
Agency from seven (7) to nine (9) members;” now therefore be it
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Resolved, that the Enfield Town Board endorses and requests New York State approval of legislatfon known as
A7620 and S7072 “Expands the Tompkins County Industrial Development Agency (TCIDA) from seven to nine
members,” and urges its elected representatfves in the New York State Assembly and the New York State
Senate to support this legislatfon; and be it further
Resolved, that the Clerk shall forward copies of this Resolutfon to the following: the Hon. Carl E. Heastfe,
Speaker of the New York State Assembly, the Hon. Andrea Stewart-Cousins, Majority Leader of the New York
State Senate, the Hon. Anna Kelles, New York State Assemblymember, and the Hon. Lea Webb, New York State
Senator.
Councilperson Lynch moved and Councilperson Lemke seconded. Discussion: Councilperson Lynch thanks NYS
Senator Lea Webb and NYS Assemblymember Anna Kelles for moving this.
Vote: AYE; Hinkle, Lemke, Lynch, Millspaugh, and Redmond.
NAY; 0 CARRIED
Resolutfon #2025-49 EMS Week Proclamatfon
To designate the Week of May 18-24, 2025, as Emergency Medical Services Week (EMS Week).
WHEREAS, emergency medical services is a vital public service; and
WHEREAS, the members of emergency medical services teams are ready to provide lifesaving care to those in
need 24 hours a day, seven days a week; and
WHEREAS, access to quality emergency care dramatfcally improves the survival and recovery rate of those who
experience sudden illness or injury; and
WHEREAS, emergency medical services fills healthcare gaps by providing important, out-of-hospital care,
including preventatfve medicine, follow-up care, and access to telemedicine; and
WHEREAS, the emergency medical services system consists of first responders, emergency medical technicians,
paramedics, emergency medical dispatchers, firefighters, police officers, educators, administrators, pre -
hospital nurses, emergency nurses, emergency physicians, trained members of the public, and other out of
hospital medical care providers; and
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WHEREAS, the members of emergency medical services teams, whether career or volunteer, engage in
thousands of hours of specialized training and contfnuing educatfon to enhance their lifesaving skills; and
WHEREAS, it is appropriate to recognize the value and the accomplishments of emergency medical services
providers by designatfng the Emergency Medical Services Week; now
THEREFORE, I Stephanie Redmond, Town Supervisor Town of Enfield, NY in recognition of this event do hereby
proclaim the week of May 18 - 24, 2025, as
EMERGENCY MEDICAL SERVICES WEEK
The 51st anniversary of EMS Week theme is EMS WEEK: We Care. For Everyone. I encourage the community to
observe this week with appropriate programs, ceremonies, and actfvitfes in honor of the EMS profession and
the essentfal service it provides.
Councilperson Millspaugh moved and Councilperson Hinkle seconded. Discussion: This is a resolutfon that we
pass every year.
Vote: AYE; Hinkle, Lemke, Lynch, Millspaugh, and Redmond.
NAY; 0 CARRIED
Municipal Solutfons MSRB contfnuing disclosure updates and EMMA filings – authorize supervisor to sign
Councilperson Hinkle moved and Councilperson Millspaugh seconded to authorize Supervisor Redmond to sign
the Municipal Solutfons MSRB contfnuing disclosure updates and EMMA filings.
Vote: AYE; Hinkle, Lemke, Lynch, Millspaugh, and Redmond.
NAY; 0 CARRIED
Councilperson Lynch moved and Councilperson Lemke seconded to postpone a Public Hearing to opt back in to
the 487 law. Discussion: Councilperson Lemke, New York State thinks that we have opted out and we would be
better served to opt back in. If you opt out then they would apply the fair market value with one big caveat. If
you opt in the Town can have a say in the Pilot agreement. This would be affirming the 2023 decision as it was
done as a resolutfon the first tfme and not as a local law.
Vote: AYE; Hinkle, Lemke, Lynch, Millspaugh, and Redmond.
NAY; 0 CARRIED
Discussion: updated subdivision regulatfons – Postponed.
Privilege of the Floor: Councilperson Lynch had prepared and filed with the Town Clerk today a summary of a
meetfng with NYSEG Leadership summit. Enfield’s presence was the only Town in attendance. He was able to
ask questfons of 13-15 NYSEG ppl. The highlights of the report are on file with the Town Clerks office and the
Power Point summary will be made available to the Clerk. In other good news, last Saturday in the yard behind
the courthouse there were 23 poster displays from Cornell Design Students who had worked together to
design the new Food Pantry. Now the students are working on coming up with the funding.
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Rosy Carpenter has to cover her dog food and wants to know why the Town allows the food pantry to leave
food outside for weeks at a tfme. Clerk Cornell shared that it is normally supposed to be removed from the
premises within 24 hours and she will contact the food pantry with this concern. Rodger Linton tonight the
Town Board passed a law as part of a flood law for safety’s sake. You passed a law based in part on the safety
of residents, yet we are going to build a trail near the creek, if a kid goes into the creek and drowns because
they were walking on a Town walking trail how is this safe. This may need to be revisited with more public
input.
Announcements: N/A
Adjournment: Councilperson Hinkle moved to adjourn, adjourned at 9:30 PM
Respectiully submitted,
Mary Cornell
Mary Cornell
Town Clerk