HomeMy WebLinkAboutLL#2 of 2025 Amend Town Code 142 Flood Damage Protection
TOWN OF LANSING LOCAL LAW #2 OF 2025
A LOCAL LAW PROVIDING FOR FLOOD DAMAGE
PREVENTION, MANAGEMENT, AND PERMITTING
SECTION 1.0 - STATUTORY AUTHORIZATION AND PURPOSE
1.1 AUTHORITY AND FINDINGS. This local law is adopted as authorized by The New York State Consti-
tution Article IX, Section 2, Environmental Conservation Law Article 36, and Municipal Home Rule Law § 10.
The Town Board of the Town of Lansing finds that the potential or actual damages from flooding and erosion
may be a problem to the residents of the Town of Lansing and that such damages may include destruction or loss
of private and public housing, damage to public facilities, both publicly and privately owned, and injury to and
loss of human life. To minimize the threat of such loss or damages, and to achieve the purposes and objectives
hereinafter set forth, this local law is adopted and made a part of the Town Code of the Town of Lansing, Chapter
142, hereby repealing, superseding, and replacing current Town Code Chapter 142.
1.2 STATEMENT OF PURPOSE. It is the purpose of these regulations and this chapter to promote the public
health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific
areas by provisions designed to:
(1) regulate uses which are dangerous to health, safety, and property due to water or erosion hazards, or
which result in damaging increases in erosion or in flood heights or velocities;
(2) require that uses vulnerable to floods, including facilities which serve such uses, be protected against
flood damage at the time of initial construction;
(3) control the alteration of natural floodplains, stream channels, and natural protective barriers which
are involved in the accommodation of flood waters;
(4) control filling, grading, dredging and other development which may increase erosion or flood dam-
ages;
(5) regulate the construction of flood barriers which will unnaturally divert flood waters, or which may
increase flood hazards to other lands; and
(6) qualify and maintain for participation in the National Flood Insurance Program.
1.3 OBJECTIVES. The objectives of this chapter 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 interruptions;
(5) to minimize damage to public facilities and utilities such as water and gas mains, electric, telephone,
and sewer lines, streets and bridges located in areas of special flood hazard;
(6) to help maintain a stable tax base by providing for the sound use and development of areas of special
flood hazard so as to minimize future flood blight areas;
(7) to provide that developers are notified that property is in an area of special flood hazard; and,
(8) to ensure that those who occupy the areas of special flood hazard assume responsibility for their
actions.
SECTION 2.0 – DEFINITIONS. Unless specifically defined below, words or phrases used in this chapter shall
be interpreted so as to give them the meaning they have in common usage and to give this chapter its most rea-
sonable application.
“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 habitation.
"Appeal" means a request for a review of the Local Administrator's interpretation of any provision of this
Chapter 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 Chapter, the term “special flood hazard area (SFHA)” is synonymous in meaning with
the phrase “area of special flood hazard.”
"Base flood" means the flood having a one percent chance of being equaled or exceeded in any given year.
"Basement" means that portion of a building having its floor subgrade (below ground level) on all sides.
"Building" See "Structure"
"Cellar" has the same meaning as "Basement".
"Crawl Space" means an enclosed area beneath the lowest elevated floor, eighteen inches or more in height,
which is used to service the underside of the lowest elevated floor. The elevation of the floor of this enclosed
area, which may be of soil, gravel, concrete, or other material, must be equal to or above the lowest adjacent
exterior grade. The enclosed crawl space area shall be properly vented to allow for the equalization of hydro-
static forces which would be experienced during periods of flooding.
"Development" means any man-made change to improved or unimproved real estate, including but not lim-
ited to buildings or other structures, mining, dredging, filling, paving, excavation or drilling operations 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 foundation perimeter walls with
openings sufficient to facilitate the unimpeded movement of flood waters. In the case of Zones V1-V30, VE,
or V, "elevated building" also includes a building otherwise meeting the definition of "elevated building",
even though the lower area is enclosed by means of breakaway walls that meet the federal standards.
"Federal Emergency Management Agency" means the Federal agency that administers the National Flood
Insurance Program.
"Flood" or "Flooding" means a general and temporary condition of partial or complete inundation of nor-
mally dry land areas from:
(l) the overflow of inland or tidal waters;
(2) the unusual and rapid accumulation or runoff of surface waters from any source.
"Flood" or "flooding" also means the collapse or subsidence of land along the shore of a lake or other body
of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated
cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied
by a severe storm, or by an unanticipated force of nature, such as a flash flood or an ab normal tidal surge, or
by some similarly unusual and unforeseeable event which results in flooding as defined in (1) above.
"Flood Boundary and Floodway Map (FBFM)" means an official map of the community published by the
Federal Emergency Management Agency as part of a riverine community's Flood Insurance Study. The FBFM
delineates a Regulatory Floodway along water courses studied in detail in the Flood Insurance Study.
"Flood Elevation Study" means an examination, evaluation, and determination of the flood hazards and, if
appropriate, corresponding water surface elevations, or an examination, evaluation, and determination 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 desig-
nated as Zone A but no flood elevations are provided.
"Flood Insurance Rate Map (FIRM)" means an official map of a community, on which the Federal Emer-
gency Management Agency has delineated both the areas of special flood hazard and the risk premium zones
applicable to the community.
"Flood Insurance Study" see "flood elevation study".
"Floodplain" or "Flood-prone area" means any land area susceptible to being inundated by water from any
source (see definition of "Flooding").
"Floodproofing" means any combination of structural and non-structural additions, changes, or adjustments
to structures which reduce or eliminate flood damage to real estate or improved real property, water and
sanitary facilities, structures, and their contents.
"Floodway" - has the same meaning as "Regulatory Floodway".
"Functionally 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 facilities. The term does not include long-term
storage, manufacturing, sales, or service facilities.
"Highest adjacent grade" means the highest natural elevation of the ground surface, prior to construction,
next to the proposed walls of a structure.
"Historic structure" means any structure that is:
(1) listed individually in the National Register of Historic Places (a listing maintained by the Department
of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
(2) certified or preliminarily determined by the Secretary of the Interior as contributing to the historical
significance of a registered historic district or a district preliminarily determined by the Secretary to
qualify as a registered historic district;
(3) individually listed on a state inventory of historic places in states with historic preservation programs
which have been approved by the Secretary of the Interior; or
(4) individually listed on a local inventory of historic places in communities with historic preservation
programs that have been certified either:
(i) by an approved state program as determined by the Secretary of the Interior or
(ii) directly by the Secretary of the Interior in states without approved programs.
"Local Administrator" is the person appointed by the community to administer and implement this chapter
by granting or denying development permits in accordance with its provisions. This person is often the Build-
ing Inspector, Code Local Administrator, 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
than a basement area is not considered a building's lowest floor; provided, that such enclosure is not built so
as to render the structure in violation of the applicable non-elevation design requirements of this Chapter.
"Manufactured home" means a structure, transportable in one or more sections, which is built on a perma-
nent chassis and designed to be used with or without a permanent foundation when connected to the required
utilities. The term does not include a "Recreational vehicle"
"Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into two
or more manufactured home lots for rent or sale.
"Mean sea level" means, for purposes of the National Flood Insurance Program, the National Geodetic Ver-
tical Datum (NGVD) of l929, the North American Vertical Datum of 1988 (NAVD 88), or other datum, to
which base flood elevations shown on a community's Flood Insurance Rate Map are referenced.
"Mobile home" - has the same meaning as "Manufactured home".
"New construction" means structures for which the "start of construction" commenced on or after the effec-
tive date of a floodplain management regulation 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.
"Recreational vehicle" means a vehicle which is:
(1) built on a single chassis;
(2) 400 square feet or less when measured at the largest horizontal projections;
(3) designed to be self-propelled or permanently towable by a light duty truck; and,
(4) not designed primarily for use as a permanent dwelling but as temporary living quarters for recrea-
tional, camping, travel, or seasonal use.
"Regulatory Floodway" means the channel of a river or other watercourse and the adjacent land areas that
must be reserved in order to discharge the base flood without cumulatively increasing the water surface
elevation more than a designated height as determined by the Federal Emergency Management Agency in a
Flood Insurance Study or by other agencies as provided in Section 4.4-2 of this Law.
"Start of construction" means the date of permit issuance for new construction and substantial improve-
ments to existing structures, provided that actual start of construction, repair, reconstruction, rehabilitation,
addition placement, or other improvement is within 180 days after the date of issuance. The actual start of
construction means the first placement of permanent construction of a building (including a manufactured
home) on a site, such as the pouring of a slab or footings, installation of pilings or construction of columns.
Permanent construction does not include land preparation (such as clearing, excavation, grading, or fill-
ing), or the installation of streets or walkways, or excavation for a basement, footings, piers or foundations,
or the erection of temporary forms, or the installation of accessory buildings such as garages or sheds not
occupied as dwelling units or not part of the main building. For a substantial improvement, the actual “start
of construction” means the first alteration of any wall, ceiling, floor, or o ther structural part of a building,
whether or not that alteration affects the external dimensions of the building.
"Structure" means a walled and roofed building, including a gas or liquid storage tank that is principally
above ground, as well as a manufactured home.
"Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring
the structure to its before damaged condition would equal or exceed 50 percent of the market value of the
structure before the damage occurred.
"Substantial improvement" means any reconstruction, rehabilitation, addition, or other improvement of a
structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start
of construction" of the improvement. The term includes structures which have incurred "substantial damage",
regardless of the actual repair work performed. The term does not, however, include either:
(1) any project for improvement of a structure to correct existing violations of state or local health, sani-
tary, or safety code specifications which have been identified by the local code enforcement official
and which are the minimum necessary to assure safe living conditions; or
(2) any alteration of a "Historic structure", provided that the alteration will not preclude the structure's
continued designation as a "Historic structure".
"Variance" means a grant of relief from the requirements of this chapter which permits construction or use
in a manner that would otherwise be prohibited by this chapter.
“Violation” means the failure of a structure or other development to be fully compliant with the community’s
flood plain management regulations.
SECTION 3.0 - GENERAL PROVISIONS.
3.1 LANDS TO WHICH THIS CHAPTER APPLIES. This chapter shall apply to all areas of special flood
hazard within the jurisdiction of the Town of Lansing, Tompkins County, New York.
3.2 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD. The areas of special
flood hazard for the Town of Lansing, Community Number 360852 are identified and defined on the following
documents prepared by the Federal Emergency Management Agency.
(1) Flood Insurance Rate Map Panels: 36109C0009D, 36109C0013D, 36109C0020D, 36109C0040D,
36109C0056D, 36109C0057D, 36109C0059D, 36109C0076D, 36109C0077D, 36109C0078D,
36109C0079D, 36109C0081D, 36109C0082D, 36109C0083D, 36109C0084D, 36109C0086D,
36109C0087D, 36109C0091D, 36109C0092D, 36109C0093D, 36109C0094D, 36109C0105D,
36109C0115D, 36109C0182D, 36109C0201D, 36109C0202D, whose effective date is June 18, 2025.
(2) A scientific and engineering report entitled “Flood Insurance Study, Tompkins County, New York, (All
Jurisdictions),” dated June 18, 2025.
The above documents are hereby adopted and declared to be a part of this Chapter. The Flood Insurance Study
and/or maps are on file at: Lansing Town Hall, 29 Auburn Rd, Lansing NY, 14882
3.3 INTERPRETATION AND CONFLICT WITH OTHER LAWS. This Chapter includes all revisions to
the National Flood Insurance Program through June 26, 2001, and shall supersede all previous laws adopted for
the purpose of flood damage prevention.
In their interpretation and application, the provisions of this chapter shall be held to be minimum require-
ments, adopted for the promotion of the public health, safety, and welfare. Whenever the requirements of this
chapter are at variance with the requirements of any other lawfully adopted rules, regulations, or ordinances, the
most restrictive, or that imposing the higher standards, shall govern.
3.4 SEVERABILITY. The invalidity of any section or provision of this chapter shall not invalidate any other
section or provision thereof.
3.5 VIOLATIONS; PENALTIES FOR NON-COMPLIANCE. No structure in an area of special flood haz-
ard 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 chapter and any other applicable regulations. Any infraction
of the provisions of this chapter by failure to comply with any of its requirements, including infractions of condi-
tions and safeguards established in connection with conditions of the permit, shall constitute a violation. The
following are violations of this chapter: (i) any act or failure to act in violation of, or non-compliance with, the
requirements of this chapter; and (ii) any act or failure to act in violation of, or non-compliance with, the terms
and conditions of any permit, stop work order, or certificate of compliance issued under this chapter.
The violation of this chapter shall be a criminal offense classified as a “violation,” punishable by a monetary fine
of not less than $100 nor more than $500, or imprisonment for not more than l5 days, or both. Each day of
noncompliance may be charged as, and shall be considered, a separate offense. Each conviction of each offense
shall be separately sentenced under law. In addition:
(1) Any structure found not compliant with the requirements of this chapter for which the developer and/or
owner has not applied for and received an approved variance under Section 6.0 will be declared non -
compliant and notification sent to the Federal Emergency Management Agency and each and all remedies
and rights provided to the Town under this section shall be cumulative, and the Town's pursuit of any one
right or remedy does not effect a waiver or an election of remedies, and the Town may thereafter pursue
or continue to pursue any other right or remedy it may have in law, equity, or in admiralty , whether sim-
ultaneously or sequentially; and
(2) Any violation of or noncompliance with this chapter may also and separately result in the termination,
modification, or revocation of any permits or approvals as issued, the refusal of the Town to issue any
approvals, endorsements, certifications, building permits, certificates of occupancy, certificates of com-
pliance, and any similar or other document or approval, until the applicant or person rectifies and cures
each and all such violations; and
(3) Until the violation or noncompliance is abated, the Town may suspend any review or other proceedings
in relation to any pending matters, permit approvals, or land use reviews or approvals; and
(4) Any person who has been in violation of this chapter may also be required to restore or repair any land to
its undisturbed condition and any repair, remediation, or removal not undertaken in compliance with an
order of the Town may be undertaken, after due notice, by the Town, with the cost of the same to be paid
by the applicant or landowner and to become a lien upon the subject real property until paid, and the Town
may also commence any one or more civil proceedings in any court of competent jurisdiction to recover
the costs of such remediation, removal, repair, or restoration, together with all consequential and incidental
losses, costs, expenses, and damages, including reasonable attorneys’ and experts' fees.
For purposes of this chapter, the Town's justice court is hereby vested and imbued with jurisdiction to issue
administrative and other warrants in compliance with common law and the New York Criminal Procedure Law
and administrative codes of the State of New York, as well as to hear and adjudicate allegations relating to the
criminal violation of this chapter and thereafter, if appropriate, impose any fine, penalty, or sanction. Whenever
the Town shall believe from evidence satisfactory to it that there is a violation of this chapter, the Town may also
bring an action to enjoin and restrain the continuation of such violation and in any such action preliminary relief
may be granted under Article 63 of the Civil Practice Law and Rules and the Town shall not be required to: (i)
post any bond or undertaking; (ii) prove that there is or will likely be irreparable harm; or (iii) prove that the Town
has no adequate remedy at law. In such action, the court may also award any damages or other relief requested,
including declaring the rights and interests of any parties and imposing any criminal convictions and sentences.
3.6 WARNING AND DISCLAIMER OF LIABILITY. The degree of flood protection required by this
chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations.
Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural
causes. This chapter does not imply that land outside the area of special flood hazards or uses permitted within
such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the
Town of Lansing any officer or employee thereof, or the Federal Emergency Management Agency, for any flood
damages that result from reliance on this chapter, or any administrative decision lawfully made there under.
SECTION 4.0 - ADMINISTRATION
4.1 DESIGNATION OF THE LOCAL ADMINISTRATOR. The Director of Planning & Code Enforcement
or other such person(s) as hereafter so appointed by resolution of the Town Board is hereby appointed Local
Administrator to administer and implement this chapter by granting or denying floodplain development permits
in accordance with its provisions.
4.2 THE FLOODPLAIN DEVELOPMENT PERMIT.
4.2-1 PURPOSE. A floodplain development permit is hereby established for all construction and other
development to be undertaken in areas of special flood hazard in this community for the purpose of protecting
its citizens from increased flood hazards and ensuring that new development is constructed in a manner that
minimizes its exposure to flooding. It shall be unlawful to undertake any development in an area of special
flood hazard, as shown on the Flood Insurance Rate Map enumerated in Section 3.2, without a valid floodplain
development permit. Application for a permit shall be made on forms furnished by the Local Administrator
and may include, but not be limited to: plans, in duplicate, drawn to scale and showing: the nature, location,
dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials,
drainage facilities, and the location of the foregoing. The Local Administrator may amend and update the
permit whenever deemed necessary or required to comply with law or achieve the purposes and goals of this
chapter.
4.2-2 FEES. All applications for a floodplain development permit shall be accompanied by an application
fee as periodically set by the Town Board, with an initial fee hereby set at $200.00. In addition, the applicant
shall be responsible for reimbursing the Town of Lansing for any additional costs necessary for review, in-
spection, and approval of this project. The Local Administrator may require a deposit as may be periodically
set by resolution of the Town Board, with an initial maximum deposit set at $500.00 to cover these additional
costs. These fees and deposit amounts may hereafter be periodically amended or updated by resolution of the
Town Board.
4.3 APPLICATION FOR A PERMIT. The applicant shall provide the following information as appropriate.
Additional information may be required on the permit application form.
(1) The proposed elevation, in relation to mean sea level, of the lowest floor (including basement or cellar) of
any new or substantially improved residential structure to be located in a special flood hazard area. Upon
completion of the lowest floor, the permitee shall submit to the Local Administrator the as-built elevation,
certified by a licensed professional engineer or surveyor.
(2) The proposed elevation, in relation to mean sea level, of the lowest floor (including basement or cellar) of
any new or substantially improved non-residential structure to be located in Zones A1-A30, AE, or AH
or Zone A if base flood elevation data are available. Upon completion of the lowest floor, the permitee
shall submit to the Local Administrator the as-built elevation, certified by a licensed professional engineer
or surveyor.
(3) The proposed elevation, in relation to mean sea level, to which any new or substantially improved non-
residential structure will be floodproofed. Upon completion of the floodproofed portion of the structure,
the permitee shall submit to the Local Administrator the as -built floodproofed elevation, certified by a
professional engineer or surveyor.
(4) A certificate from a licensed professional engineer or architect that any utility floodproofing will meet the
criteria in Section 5.2-3, UTILITIES.
(5) A certificate from a licensed professional engineer or architect that any non-residential floodproofed struc-
ture will meet the floodproofing criteria in Section 5.4, NON-RESIDENTIAL STRUCTURES.
(6) A description of the extent to which any watercourse will be altered or relocated as a result of proposed
development. Computations by a licensed professional engineer must be submitted that demonstrate that
the altered or relocated segment will provide equal or greater conveyance than the original stream seg-
ment. The applicant must submit any maps, computations or other material required by the Federal Emer-
gency Management Agency (FEMA) to revise the documents enumerated in Section 3.2, when notified
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 phys-
ical damage to any other property.
(8) In Zone A, when no base flood elevation data are available from other sources, base flood elevation data
shall be provided by the permit applicant for subdivision proposals and other proposed developments
(including proposals for manufactured home and recreational vehicle parks and subdivisions) that are
greater than either 50 lots or 5 acres.
4.4 DUTIES AND RESPONSIBILITIES OF THE LOCAL ADMINISTRATOR. Duties of the Local Ad-
ministrator shall include, but not be limited to, the following.
4.4-1 PERMIT APPLICATION REVIEW. The Local Administrator shall conduct the following permit
application review before issuing a floodplain development permit:
(1) Review all applications for completeness, particularly with the requirements of subsection 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 de-
termine whether proposed building sites will be reasonably safe from flooding. If a proposed building
site is located in an area of special flood hazard, all new construction and substantial improvements
shall meet the applicable standards of Section 5.0, CONSTRUCTION STANDARDS and, in particu-
lar, sub-section 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 velocities). The Local
Administrator may require the applicant to submit additional technical analyses and data necessary to
complete the determination.
If the proposed development may result in physical damage to any other property or fails to meet
the requirements of Section 5.0, CONSTRUCTION STANDARDS, no permit shall be issued. The
applicant may revise the application to include measures that mitigate or eliminate the adverse effects
and re-submit the application.
(4) Determine that all necessary permits have been received from those governmental agencies from
which approval is required by State or Federal law.
4.4-2 USE OF OTHER FLOOD DATA
(1) When the Federal Emergency Management Agency has designated areas of special flood hazard on
the community's Flood Insurance Rate map (FIRM) but has neither produced water surface elevation
data (these areas are designated Zone A or V on the FIRM) nor identified a floodway, the Local Ad-
ministrator shall obtain, review and reasonably utilize any base flood elevation and floodway data
available from a Federal, State or other source, including data developed pursuant to paragraph 4.3(7),
as criteria for requiring that new construction, substantial improvements or other proposed develop-
ment meet the requirements of this law.
(2) When base flood elevation data are not available, the Local Administrator may use flood information
from any other authoritative source, such as historical data, to establish flood elevations within the
areas of special flood hazard, for the purposes of this law.
(3) When an area of special flood hazard, base flood elevation, and/or floodway data are available from a
Federal, State or other authoritative source, but differ from the data in the documents enumerated in
Section 3.2, the Local Administrator may reasonably utilize the other flood information to enforce
more restrictive development standards.
4.4-3 ALTERATION OF WATERCOURSES
(l) Notification to adjacent municipalities that may be affected and the New York State Department of
Environmental Conservation prior to permitting any alteration or relocation of a watercourse and sub-
mit evidence of such notification to the Regional Administrator, Region II, Federal Emergency Man-
agement Agency.
(2) Determine that the permit holder has provided for maintenance within the altered or relocated portion
of said watercourse so that the flood carrying capacity is not diminished.
4.4-4 CONSTRUCTION STAGE
(1) In Zones A1-A30, AE and AH, and Zone A if base flood elevation data are available, upon placement
of the lowest floor or completion of floodproofing of a new or substantially improved structure, obtain
from the permit holder a certification of the as-built elevation of the lowest floor or floodproofed
elevation, in relation to mean sea level. The certificate shall be prepared by or under the direct super-
vision of a licensed land surveyor or professional engineer and certified by same. For manufactured
homes, the permit holder shall submit the certificate of elevation upon placement of the structure on
the site. A certificate of elevation must also be submitted for a recreational vehicle if it remains on a
site for 180 consecutive days or longer (unless it is fully licensed and ready for highway use).
(2) Any further work undertaken prior to submission and approval of the certification shall be at the permit
holder's risk. The Local Administrator shall review all data submitted. Deficiencies detected shall be
cause to issue a stop work order for the project unless immediately corrected.
4.4-5 INSPECTIONS. The Local Administrator and/or the developer's engineer or architect shall make
periodic inspections at appropriate times throughout the period of construction to monitor compliance with
permit conditions and enable said inspector to certify, if requested, that the development is in compliance with
the requirements of the floodplain development permit and/or any variance provisions.
4.4-6 STOP WORK ORDERS
(1) The Local Administrator shall issue, or cause to be issued, a stop work order for any floodplain devel-
opment found ongoing without a development permit. Disregard of a stop work order shall subject the
violator to the penalties described in Section 3.5 of this chapter.
(2) The Local Administrator shall issue, or cause to be issued, a stop work order for any floodplain devel-
opment found non-compliant with the provisions of this law and/or the conditions of the development
permit. Disregard of a stop work order shall subject the violator to the penalties described in Section
3.5 of this chapter.
4.4-7 CERTIFICATE OF COMPLIANCE
(l) In areas of special flood hazard, as determined by documents enumerated in Section 3.2, it shall be
unlawful to occupy or to permit the use or occupancy of any building or premises, or both, or part
thereof hereafter created, erected, changed, converted or wholly or partly altered or enlarged in its use
or structure until a certificate of compliance has been issued by the Local Administrator stating that
the building or land conforms to the requirements of this chapter.
(2) A certificate of compliance shall be issued by the Local Administrator upon satisfactory completion
of all development in areas of special flood hazard.
(3) Issuance of the certificate shall be based upon the inspections conducted as prescribed in Section 4.4-
5, INSPECTIONS, and/or any certified elevations, hydraulic data, floodproofing, anchoring require-
ments or encroachment analyses which may have been required as a condition of the approved permit.
4.4-8 INFORMATION TO BE RETAINED. The Local Administrator shall retain, and make available
for inspection, copies of the following:
(1) Floodplain development permits and certificates of compliance;
(2) Certifications of as-built lowest floor elevations of structures, required pursuant to sub-sections 4.4-
4(1) and 4.4-4(2), and whether or not the structures contain a basement;
(3) Floodproofing certificates required pursuant to sub-section 4.4-4(1), and whether or not the structures
contain a basement;
(4) Variances issued pursuant to Section 6.0, VARIANCE PROCEDURES; and,
(5) Notices required under sub-section 4.4-3, ALTERATION OF WATERCOURSES.
SECTION 5.0 - CONSTRUCTION STANDARDS.
5.1 GENERAL STANDARDS. The following standards apply to new development, including new and sub-
stantially improved structures, in the areas of special flood hazard shown on the Flood Insurance Rate Map des-
ignated in Section 3.2.
5.1-1 SUBDIVISION PROPOSALS. The following standards apply to all new subdivision proposals and
other proposed development in areas of special flood hazard (including proposals for manufactured home and
recreational vehicle parks and subdivisions):
(l) Proposals shall be consistent with the need to minimize flood damage;
(2) Public utilities and facilities such as sewer, gas, electrical and water systems shall be located and
constructed so as to minimize flood damage; and,
(3) Adequate drainage shall be provided to reduce exposure to flood damage.
5.1-2 ENCROACHMENTS
(1) Within Zones A1-A30 and AE, on streams without a regulatory floodway, no new construction,
substantial improvements, or other development (including fill) shall be permitted unless:
(i) the applicant demonstrates that the cumulative effect of the proposed development, when com-
bined with all other existing and anticipated development, will not increase the water surface
elevation of the base flood more than one foot at any location, or,
(ii) the Town of Lansing agrees to apply to the Federal Emergency Management Agency (FEMA)
for a conditional FIRM revision, FEMA approval is received, and the applicant provides all
necessary data, analyses and mapping and reimburses the Town of Lansing for all fees and
other costs in relation to the application. The applicant must also provide all data, analyses and
mapping and reimburse the Town of Lansing 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 Section 3.2, no new construction, substantial improve-
ments, or other development in the floodway (including fill) shall be permitted unless:
(i) a technical evaluation by a licensed professional engineer demonstrates through hydrologic
and hydraulic analyses performed in accordance with standard engineering practice that such
an encroachment shall not result in any increase in flood levels during occurrence of the base
flood, or,
(ii) the Town of Lansing agrees to apply to the Federal Emergency Management Agency (FEMA)
for a conditional FIRM and floodway revision, FEMA approval is received, and the applicant
provides all necessary data, analyses and mapping and reimburses the Town of Lansing for
all fees and other costs in relation to the application. The applicant must also provide all data,
analyses and mapping and reimburse the Town of Lansing for all costs related to the final map
revisions.
(3) In Zones A1-A30, AE and AH, and also Zone A if base flood elevation data are available, if any
development is found to increase or decrease base flood elevations, the shall as soon as practicable,
but not later than six months after the date such information becomes available, notify FEMA and
the New York State Department of Environmental Conservation of the changes by submitting
technical or scientific data in accordance with standard engineering practice.
5.2 STANDARDS FOR ALL STRUCTURES. The following standards apply to new development, includ-
ing new and substantially improved structures, in the areas of special flood hazard shown on the Flood Insur-
ance Rate Map designated in Section 3.2.
5.2-1 ANCHORING. New structures and substantial improvement to structures in areas of special flood
hazard shall be anchored to prevent flotation, collapse, or lateral movement during the base flood. This
requirement is in addition to applicable State and local anchoring requirements for resisting wind forces.
5.2-2 CONSTRUCTION MATERIALS AND METHODS
(l) New construction and substantial improvements to structures shall be constructed with materials
and utility equipment resistant to flood damage.
(2) New construction and substantial improvements to structures shall be constructed using methods
and practices 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 substantially improved structures shall have fully enclosed areas below the lowest floor that
are useable solely for parking of vehicles, building access or storage in an area other than a base-
ment and which are subject to flooding, designed to automatically equalize hydrostatic flood forces
on exterior walls by allowing for the entry and exit of flood waters. Designs for meeting this
requirement must either be certified by a licensed professional engineer or architect or meet or
exceed the following minimum criteria:
(i) a minimum of two openings of each enclosed area having a total net area of not less than one
square inch for every square foot of enclosed area subject to flooding;
(ii) the bottom of all such openings no higher than one foot above the lowest adjacent finished
grade and;
(iii) openings not less than three inches in any direction.
Openings may be equipped with louvers, valves, screens or other coverings or devices provided they
permit the automatic entry and exit of floodwaters. Enclosed areas sub-grade on all sides are consid-
ered basements and are not permitted.
5.2-3 UTILITIES
(1) New and replacement electrical equipment, heating, ventilating, air conditioning, plumbing con-
nections, and other service equipment shall be located at least two feet above the base flood ele-
vation, at least three feet above the highest adjacent grade in a Zone A without an available base
flood elevation where permitted, or be designed to prevent water from entering and accumulating
within the components during a flood and to resist hydrostatic and hydrodynamic loads and
stresses. Electrical wiring and outlets, switches, junction boxes and panels shall be elevated or
designed to prevent water from entering and accumulating within the components unless they con-
form to the appropriate provisions of the electrical part of the Building Code of New York State
or the Residential Code of New York State for location of such items in wet locations;
(2) New and replacement water supply systems shall be designed to minimize or eliminate infiltration
of flood waters into the system;
(3) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltra-
tion of flood waters. Sanitary sewer and storm drainage systems for buildings that have openings
below the base flood elevation shall be provided with automatic backflow valves or other auto-
matic backflow devices that are installed in each discharge line passing through a building's exte-
rior wall; and,
(4) On-site waste disposal systems shall be located to avoid impairment to them or contamination
from them during flooding.
5.2-4 STORAGE TANKS
(1) Underground tanks shall be anchored to prevent flotation, collapse, and lateral movement during
conditions of the base flood.
(2) Above-ground tanks shall be:
(i) anchored to prevent floatation, collapse, or lateral movement during conditions of the base
flood or;
(ii) installed at or above the base flood elevation as shown on the Flood Insurance Rate Map enu-
merated in Section 3.2 plus two feet.
5.3 RESIDENTIAL STRUCTURES
5.3-1 ELEVATION. The following standards apply to new and substantially improved residential
structures located in areas of special flood hazard, in addition to the requirements in sub-sections 5.1-1,
SUBDIVISION PROPOSALS, and 5.1-2, ENCROACHMENTS, and Section 5.2, STANDARDS FOR
ALL STRUCTURES.
(1) Within Special Flood Hazard Areas, new construction and substantial improvements shall have
the lowest floor (including basement) elevated to or above two feet above the base flood elevation.
(2) Within Zone A, if the Base flood elevation is not specified, a base flood elevation shall be deter-
mined by either of the following:
(i) Obtain and reasonably use data available from a federal, state, or other source plus 2 feet of
freeboard or:
(ii) Determine the base flood elevation in accordance with accepted hydrologic and hydraulic en-
gineering practices, plus freeboard. Determinations shall be undertaken by a registered design
professional who shall be documented that the technical methods used reflect currently ac-
cepted engineering practice. Studies, analyses, and computations shall be submitted in suffi-
cient detail to allow thorough review and approval.
(3) Within Zone AO, new construction and substantial improvements shall have the lowest floor (in-
cluding basement) elevated above the highest adjacent grade at least as high as the depth number
specified in feet on the community's Flood Insurance Rate Map enumerated in Section 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.
5.4 NON-RESIDENTIAL STRUCTURES. The following standards apply to new and substantially
improved commercial, industrial, and other non-residential structures located in areas of special flood hazard,
in addition to the requirements in sub-sections 5.1-1, SUBDIVISION PROPOSALS, and 5.1-2,
ENCROACHMENTS, and Section 5.2, STANDARDS FOR ALL STRUCTURES.
(1) Within Zones A1-A30, AE and AH, and also Zone A if base flood elevation data are available, new
construction and substantial improvements of any non-residential structure shall either:
(i) have the lowest floor, including basement or cellar, elevated to or above two feet above the base
flood elevation; or
(ii) be floodproofed so that the structure is watertight below two feet above the base flood elevation,
including attendant utility and sanitary facilities, with walls substantially impermeable to the pas-
sage of water. All structural components located below the base flood level must be capable of
resisting hydrostatic and hydrodynamic loads and the effects of buoyancy.
(2) Within Zone AO, new construction and substantial improvements of non-residential structures shall:
(i) have the lowest floor (including basement) elevated above the highest adjacent grade at least as
high as the depth number specified in feet on the community's FIRM plus two feet (at least three
feet if no depth number is specified), or
(ii) together with attendant utility and sanitary facilities, be completely floodproofed to that level to
meet the floodproofing standard specified in sub-section 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, specifications, and plans for construction. A Floodproofing Certificate or
other certification shall be provided to the Local Administrator that certifies the design and methods
of construction are in accordance with accepted standards of practice for meeting the provisions of
Section 5.4(1)(ii), including the specific elevation (in relation to mean sea level) to which the structure
is to be floodproofed.
(4) Within Zones AH and AO, adequate drainage paths are required to guide flood waters around and
away from proposed structures on slopes.
(5) Within Zone A, when no base flood elevation data are available, the lowest floor (including basement)
shall be elevated at least three feet above the highest adjacent grade.
5.5 MANUFACTURED HOMES AND RECREATIONAL VEHICLES. The following standards in
addition to the standards in Section 5.1, GENERAL STANDARDS, and Section 5.2, STANDARDS FOR
ALL STRUCTURES apply, as indicated, in areas of special flood hazard to manufactured homes and to rec-
reational vehicles which are located in areas of special flood hazard.
(1) Recreational vehicles placed on sites within Zones A1-A30, AE and AH shall either:
(i) be on site fewer than 180 consecutive days,
(ii) be fully licensed and ready for highway use, or
(iii) meet the requirements for manufactured homes in paragraphs 5.5(2), (3) and (4).
A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to
the site only by quick disconnect type utilities and security devices and has no permanently attached
additions.
(2) A manufactured home that is placed or substantially improved in Zones A1-A30, AE, AH and Zone
A shall be elevated on a permanent foundation such that the bottom of the frame of the manufactured
home chassis is elevated to or above two feet above the base flood elevation and is securely anchored
to an adequately anchored foundation system to resist flotation, collapse and lateral movement.
(3) Within Zone AO, the bottom of the frame of the manufactured home chassis shall be elevated above
the highest adjacent grade at least as high as the depth number specified on the Flood Insurance Rate
Map enumerated in Section 3.2 plus two feet (at least three feet if no depth number is specified).
(4) The foundation and anchorage of manufactured homes to be located in identified floodways shall be
designed and constructed in accordance with Section 5.2-1, ANCHORING.
5.6 ACCESSORY STRUCTURES INCLUDING DETACHED GARAGES. The following standards
apply to new and substantially improved accessory structures, including detached garages, in the areas of
special flood hazard shown on the Flood Insurance Rate Map designated in Section 3.2.
(1) The accessory structure must meet the definition of structure, for floodplain management purposes,
provided in 44 CFR § 59.1, where walled and roofed shall be interpreted as having two outside rigid
walls and a fully secured roof.
(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 there-
fore not necessarily in need of a variance, if the community chooses to allow it:
(i) 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 Section 5.2-1, ANCHORING,
(4) The portions of the accessory structure located below BFE plus two feet of freeboard must be con-
structed with flood-resistant materials.
(5) Mechanical and utility 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 elevation data are not available, areas below three feet
above the highest adjacent grade shall be constructed using methods and practices that minimize flood
damage.
(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 hydrostatic pressure.
The design must meet the NFIP design and performance standards for openings per 44 CFR §
60.3(c)(5) and must allow for the automatic entry and exit of floodwaters without manual operation or
the presence of a person (or persons).
SECTION 6.0 - VARIANCE PROCEDURE
6.1 APPEALS BOARD.
(l) The Zoning Board of Appeals as established by the Town Board shall hear and decide appeals and requests
for variances from the requirements of this chapter.
(2) The Zoning Board of Appeals shall hear and decide appeals when it is alleged there is an error in any
requirement, decision, or determination made by the Local Administrator in the enforcement or admin-
istration of this chapter.
(3) Those aggrieved by the decision of the Zoning Board of Appeals may appeal such decision to the Supreme
Court pursuant to Article 78 of the Civil Practice Law and Rules.
(4) In passing upon such applications, the Zoning Board of Appeals shall consider all technical evaluations,
all relevant factors, standards specified in other sections of this chapter 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 susceptibility of the proposed facility and its contents to flood damage and the effect of such
damage on the individual owner;
(iv) the importance of the services provided by the proposed facility to the community;
(v) the necessity to the facility of a waterfront location, where applicable;
(vi) the availability of alternative locations for the proposed use which are not subject to flooding or
erosion damage;
(vii) the compatibility of the proposed use with existing and anticipated development;
(viii) the relationship of the proposed use to the comprehensive plan and floodplain management program
of that area;
(ix) the safety of access to the property in times of flood for ordinary and emergency vehicles;
(x) the costs to local governments and the dangers associated with conducting search and rescue opera-
tions during periods of flooding;
(xi) the expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and
the effects of wave action, if applicable, expected at the site; and
(xii) the costs of providing governmental services during and after flood conditions, including search and
rescue operations, maintenance and repair of public utilities and facilities such as sewer, gas, elec-
trical, and water systems and streets and bridges.
(5) Upon consideration of the factors of Section 6.l(4) and the purposes of this chapter, the Zoning Board of
Appeals may attach such conditions to the granting of variances as it deems necessary to further the pur-
poses of this chapter.
(6) The Local Administrator shall maintain the records of all appeal actions including technical information
and report any variances to the Federal Emergency Management Agency upon request.
6.2 CONDITIONS FOR VARIANCES
(l) Generally, variances may be issued for new construction and substantial improvements to be erected on a
lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed
below the base flood level, providing items (i-xii) in Section 6.l(4) have been fully considered. As the lot
size increases beyond the one-half acre, the technical justification required for issuing the variance in-
creases.
(2) Variances may be issued for the repair or rehabilitation of historic structures upon determination that:
(i) the proposed repair or rehabilitation will not preclude the structure's continued designation as a "His-
toric 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 construction and substantial improvements and for other
development necessary for the conduct of a functionally dependent use provided that:
(i) the criteria of subparagraphs l, 4, 5, and 6 of this Section are met; and
(ii) the structure or other development is protected by methods that minimize flood damages during the
base flood and create no additional threat to public safety.
(4) Variances shall not be issued within any designated floodway if any increase in flood levels during the
base flood discharge would result.
(5) Variances shall only be issued upon a determination that the variance is the minimum necessary, consid-
ering the flood hazard, to afford relief.
(6) Variances shall only be issued upon receiving written justification of:
(i) a showing of good and sufficient cause;
(ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant;
and
(iii) a determination that the granting of a variance will not result in increased flood heights, additional
threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization
of the public or conflict with existing codes, local laws, or ordinances.
(7) Any applicant to whom a variance is granted for a building with the lowest floor below the base flood
elevation shall be given written notice over the signature of a community official that:
(i) the issuance of a variance to construct a structure below the base flood level will result in increased
premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage; and
(ii) such construction below the base flood level increases risks to life and property.
Such notification shall be maintained with the record of all variance actions as required in Section 4.4 -8 of
this Chapter.
Be it enacted this ____ day of _____, 2025 by the Town Board of the Town of Lansing, Tompkins County, New
York, to be effective immediately upon adoption.
Ruth Groff, Town Supervisor: ____________________________
Councilperson Judy Drake: ____________________________
Councilperson Laurie Hemmings: ____________________________
Councilperson Christine Montague: ____________________________
Councilperson Joseph Wetmore: ____________________________
SEAL
ATTEST: _________________________________
Deborah Munson, Town Clerk
Attachment A
MODEL FLOODPLAIN DEVELOPMENT
APPLICATION FORM
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 until a permit is issued.
2. The permit may be revoked if any false statements are made herein.
3. If revoked, all work must cease until permit is re-issued.
4. Development shall not be used or occupied until a Certificate 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 regula-
tory requirements.
7. Applicant hereby gives consent to the Local Administrator or his/her representative to make reasonable
inspections 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: _____________________________________________________________________________
ENGINEER: ____________________________________________________________________________
PROJECT LOCATION: To avoid delay in processing the application, please provide enough information to eas-
ily identify the project location. Provide the street address, lot number or legal description (attach) and, outside
urban areas, the distance to the nearest intersecting road or well-known landmark. A map attached to this appli-
cation, and a sketch showing the project layout would be helpful.
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
DESCRIPTION OF WORK (Check all applicable boxes):
A. STRUCTURAL DEVELOPMENT
ACTIVITY STRUCTURE TYPE
New Structure Residential (1-4 Family)
Addition .. Residential (More than 4 Family)
Alteration ... Non-residential (Floodproofing? Yes No)
Relocation .. Combined Use (Residential & Commercial)
Demolition .. Manufactured (Mobile) Home
Replacement (In Manufactured Home Park? Yes No)
ESTIMATED COST OF PROJECT $_________________
B. OTHER DEVELOPMENT ACTIVITIES:
Fill Mining Drilling Grading
Excavation (Except for Structural Development Checked Above)
Watercourse Alteration (Including Dredging and Channel Modifications)
Drainage Improvements (Including Culvert Work), Stormwater Control Structures or Ponds
Road, Street or Bridge Construction
Subdivision (New or Expansion)
Individual Water or Sewer System
Other (Please Specify): _____
After completing SECTION 2, APPLICANT should submit form to Local Administrator for review.
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. Entire property is in Zone B, C or X.
The proposed development is in adjacent to a flood prone area.
100-Year flood elevation at the site is:
__________Ft. NGVD 1929/ NAVD 1988 (MSL)
Unavailable
See Section 4 for additional instructions for development that is or may be in a flood prone area.
___________________________________
SIGNED ... DATE
SECTION 4: ADDITIONAL INFORMATION REQUIRED (To be completed by LOCAL ADMINISTRA-
TOR)
The applicant must submit the documents checked below before the application can be processed:
A site plan showing the location of all existing structures, water bodies, adjacent roads, lot dimensions
and proposed development.
Development plans and specifications, drawn to scale, including where applicable: details for anchor-
ing structures, proposed elevation of lowest floor (including basement), types of water resistant mate-
rials used below the first floor, details of floodproofing of utilities located below the first floor, details
of enclosures below the first floor, openings in foundation for entry and exit of floodwaters.
Other____________________________________________
Elevation Certificate
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 elevations if they are not
otherwise available).
Plans showing the watercourse location, proposed relocations, Floodway location.
Topographic information showing existing and proposed grades, location of all proposed fill.
Top of new fill elevation __________Ft. NGVD 1929/ NAVD 1988 (MSL)
PE Certification of Soil Compaction
Floodproofing protection level (non-residential only) NGVD 1929/ NAVD 1988 (MSL)
For floodproofed structures, applicant must attach certification from registered engineer or architect.
Other: __________________________________________________________________
SECTION 5: PERMIT DETERMINATION (To be completed by LOCAL ADMINISTRATOR)
I have determined that the proposed activity: A. Is B. Is not
in conformance with provisions of Town Code Chapter 142. This permit is hereby issued subject to the conditions
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 application to the Local Administrator or may request a hearing from the Board of Appeals.
Expiration Date: ______________________
APPEALS: Appealed to Board of Appeals? Yes No
Hearing date:__________________________
Appeals Board Decision --- Approved? Yes No
Conditions: _________________________________________________________________________
_________________________________________________________________________
.
SECTION 6: AS-BUILT ELEVATIONS (To be submitted by APPLICANT before Certificate of Compliance
is issued)
The following information must be provided for project structures. This section must be completed by a registered
professional engineer or a licensed land surveyor (or attach a certification to this application). Complete 1 or 2
below.
1. Actual (As-Built) Elevation 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 Elevation Certificate FEMA Form 81-31
2. Actual (As-Built) Elevation of floodproofing protection is FT. NGVD 1929/ NAVD 1988 (MSL).
Attach Floodproofing Certificate FEMA Form 81-65
NOTE: Any work performed prior to submittal of the above information is at the risk of the Applicant.
SECTION 7: COMPLIANCE ACTION (To be completed by LOCAL ADMINISTRATOR)
The LOCAL ADMINISTRATOR will complete this section as applicable based on inspection of the project to
ensure compliance with the community's laws, codes, and rules for flood damage prevention.
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)
Certificate of Compliance issued: DATE:_________________________________________
BY: _______________________________________________
Attachment B
SAMPLE CERTIFICATE OF COMPLIANCE FOR
DEVELOPMENT IN A SPECIAL FLOOD HAZARD AREA
CERTIFICATE OF COMPLIANCE
FOR DEVELOPMENT IN A SPECIAL FLOOD HAZARD AREA
(Owner Must Retain This Certificate)
Premises located at: __________________________________________________________
__________________________________________________________
Owner: __________________________________________________________
Owner’s Address: __________________________________________________________
__________________________________________________________
__________________________________________________________
Permit No. ___ Permit Date: _______
Check One:
___New Building
___Existing Building
___Fill
___Other:
The Local Floodplain Administrator is to complete a. or b. below:
a. Compliance is hereby certified with the requirements of Town Code Chapter 142.
Signed: ___________________, Dated: _________________
b. Compliance is hereby certified with the requirements of Town Code Chapter 142, as modified by variance
no. ______, dated _____.
Signed: ______________________, Dated: ________________________