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HomeMy WebLinkAboutSection 04 SECTION 4 FLOOD PLAIN AREA BUILDING PERMIT ORDINANCE OF THE TOWN OF NEWFIELD, NEW YORK ARTICLE I - PURPOSE AND INTENT and • SECTION 1.1 The purpose a intent of this ordinance is to. P P A. Protect the future health, safety and welfare of the in- habitants of the Town of Newfield from hazards due to periodic flooding. B. Minimize public and private damages including expenditures for relief, insurance and flood control projects. C. Protect human life and health. D. Minimize surface and ground water pollution which may affect human, animal or plant life. E. Require. Floodproofing of those structures that exist in or must of necessity be constructed on Flood Hazard Areas. F. To establish and maintain eligibility for the Town of Newfield, Tompkins County, New York, for its residents and property owners in the National Flood Insurance Program. SECTION 1.2 NON-LIABILITY - The Town of Newfield does not guarantee, warrant or represent that those structures or other improvements designed and constructed in accordance with the law will not be subject to Flood damage and hereby asserts that there is no liability on the part of • i ; the Town Board, its agencies, or employees for any flood damage that may occur as a result of reliance upon and compliance with this ordi- . nance. Nothing herein shall be intended to imply that areas outside delineated Special Flood Hazard Areas shall be free from flooding. SECTION 1.3 AUTHORITY This ordinance is enacted pursuant to the Town Law of the State of New York, ARTICLE 16. SECTION 1.4 DEFINITIONS A. Flood or Flooding shall mean a general and temporary condition of partial or complete inundation of normally dry land areas from: 1. the overflow of streams, rivers or other inland areas of water or • 2. abnormally rising lake waters resulting from severe storms or hurricanes. B. Floodproofing shall mean any combination of structural and nonstructural additions, changes. or adjustments to properties and structures which reduce or eliminate flood damage to lands, water, and sanitary facilities, structures, and contents of buildings. C. Permit shall mean a written approval from the Town Clerk as authorized by Planning Board under this ordinance, to construct or alter a structure or building. D. Special Flood Hazard Area(s) shall mean that maximum area of the flood plain that on the average is likely to be flooded once every 100 years (i.e. that has a one (1) percent chance of being flooded each - 100 year flood) and is delineated on the Flood Hazard Boundary Maps issued by the Federal Insurance Administration, Depart- ment of Housing and Urban Development. E. Structure means any building,including prefabricated buildings and mobile homes that is constructed, set, or erected on or under the ground or upon or annexed to another structure or building, or any movable building which shall be connected to the ground by a septic or sewage system. F. Alteration is as applied to a building or structure, a change or rearrangement in the structural parts or in the exit faci- lities or an enlargement, whether by extending on a side or by in- creasing in. height; or moving from one location or position to another; the term "alter" in its various modes and tenses and its participal form, refers to the making of an alteration. ARTICLE II - GENERAL PROVISIONS SECTION 2.1 Building_ Agent - The Planning Board of the Town of Newfield shall have the authority to : A. Deliniate or assist the Administrator of the National Flood Insurance Program or Federal Insurance Administration upon his • request, in deliniating the limits of the areas having Special Flood ".azards on available local maps of sufficient scale .to identify the location of building sites, r1,. B. Provide such other administration as the.Administrator may request concerning present uses and occupancy of the flood plain . C. Cooperate with Federal, State and Local agencies and private firms which undertake to study, survey, map, and identify flood plain or mudslide areas, and cooperate with neighboring comma- . nities with respect to management of adjoining flood plain and/or mudslide areas in order to prevent aggravation of existing hazards. D. Submit on the anniversary date. of the community's int, tial eligibility in an annual report .to the Administrator on the pro- gress made during the past year within the community in the development and implementation of flood plain management-measures. SECTION 2.2 RECORDS - The Planning Board of the Town of Newfield shall maintain for public inspection and to furnish upon request a record of elevations in relation to mean sea level of the lowest floor] • . all new or substantially new improved structures including basement, of 11 y - located in the Special Flood Hazard Area and shall also record, if the lowest floor is below grade in one or more sides, the elevation of the floor imediately above the lowest floor. SECTION 2.3 AMENDMENTS - Amendments to this ordinance- shall be made in accordance with Article 16 of the Town Law of the State of New York. SECTION 2.4 VIOLATIONS AND PENALTIES A. Every agent, architect, building contractor, owner, tenant or other person, having charge of any building or lands, who commences, takes part in or assists in any violation of any of the provisions of this ordinance, or who constructs, maintains any building or structure on premises, in, upon or by which any provision of this ordinance is violated, shall be subject to a fine of not more than • ten 10.00) dollars. For each and every day that said violation continues. B. ' Whenever the Town Board shall certify that any building or any part thereof, or any lands are being used in violation of the provisions of this ordinance, they shall authorize the Town Attorney to institute all actions and proceedings, either legal or equitable, • that may be appropriate or necessary for the enforcement of the pro- visions of this ordinance. C. For purposes of this section, each single violation shall be deemed to be a separate and actionable violation. SECTION 2.5 VALIDITY - The invalidity of any section or provision of this ordinance shall not invalidate any other section or provision thereof nor any other valid application of such section or provision. SECTION 2.6 REPEAL OF CONFLICTING LAWS - All laws ordinances, and parts of laws ordinances hertofore passed, which are in conflict with this ordinance are hereby -repealed. SECTION 2.7 INTERPRETATION - The Board of Appeal's interpretation and ruling on this ordinance regulations and their meaning shall be final and binding upon all persons affected thereby. SECTION 2.8 EFFECTIVE DATE - This ordinance shall, take effect 10 days after publication in the official Town paper. ARTICLE III - PROCEDURES SECTION 3.1 PERMITS - No building or other structure shall be erected in Special Flood Hazard Areas as set out in the Official Map unless and until a permit shall first have been issued by the Town Clerk acting upon instructions of the Planning Board. SECTION 3.2 ALTERATIONS - No exterior structural alteration • or addition to an existing structure having a value of cost in excess of Five Thousand Dollars ($5,000) shall be made until a permit shall first have been issued by the Town Clerk acting upon the instructions of the Planning Board. Ordinary repairs (e.g. roof repair, porch, new siding, painting, etc.) and interior renovations (e.g. remodeling of ceilings, walls, floors, etc.) to existing buildings or structures may be made without obtaining a permit. • SECTION 3.3 EXCEPTIONS - Except upon written order of the Board of Appeals or Planning Board as provided herein, no permit shall be • issued for any structure, addition or alteration which violated or will violate any provision of this ordinance. SECTION 3.4 PERMIT DATA - There shall be submitted to the Town Clerk with each application for a permit a copy of the layout or plan showing the actual dimensions of the lot or area where the structure or. alteration is or will be located. The plan and dimensions of each structure or extension to be constructed, the proposed location on the lot, tax lot number; together with such other information as may be necessary on a form provided by the Clerk to determine whether the proposed construction or alteration will comply with the provisions of this ordinance. Such information may require a detailed statement or plans and drawings of the work showing precautions taken to minimize impairment and contamination from flooding. SECTION 3.5 RECORDS - All applications, notices and signed state- ments ents re uired by this ordinance shall be presented to and kept on file 4 Y in the Office of the Town Clerk. SECTION 3.6 AMENDMENTS - Nothing in this ordinance shall pro- hibit the filing of amendments to any applications at any time before • the completion of the work for which a permit was sought and such amendments after approval shall be made a part of the application and filed as such. SECTION 3.7 TIME LIMIT FOR PERMIT The Planning.Board shall approve or reject any application or permit or amendment thereto, filed pursuant to the provisions of this ordinance within 7-business . days. If rejected, the Clerk shall give written notice giving reasons for rejection within ten (10) Business days by certified mail. SECTION 3.8 EXPIRATION OF PERMIT - Any permit issued by the Clerk under provisions of this ordinance but for which no actual work is commenced within one (1) year from ,the .date of issuance shall expire and be' null and void. SECTION 3.9 MISREPRESENTATION - The Planning Board may reject any permit or approval issued under the provisions of this ordinance in whcih any false statement or misrepresentation as to material fact of the application on which the permit or approval was based. ARTICLE IV ESTABLISHMENT OF AREAS AND AREA REGULATIONS SECTION 4.1 AREA BOUNDARY LINES - The delineation of Special Flood Hazard Areas and Non-Flood Hazard Areas and their boundary lines are drawn on the Official Map accompanying this ordinance and said map shall be made a part. hereof. SECTION -4.2 OFFICIAL MAP - Area boundary lines shall be inter- preted from the 'Offical .Map. Dimensions of such lines will be scaled from the Official Map and compared with ground distances between definite natural or man-made points. SECTION 4.3 INTERPRETATION In the ease of uncertainty as to the true location of Area boundary lines or on interpretation of Area regulations, the decision of the Board of Appeals or Planning Board is final. SECTION 4.4 MAP MODIFICATION, - The Area boundary lines will be further modified and shall become part of this ordinance following the establishment of Floodway and Floodway Fringe Areas as delineated in a survey to be made by the Federal Flood Administrator from the United States Department of Housing and Urban Development. Such modification shall not be .deemed an an amendment to this ordinance, as defined -in Section 2.3. Further modification will be 'in accordance with amendment': procedures as set forth herein. SECTION 4.5 APPLICATION OF REGULATIONS - The regulations for the Special Flood Hazard Areas shall be adhered to in compliance with this ordinance. SECTION 4.6 SPECIAL FLOOD HAZARD AREA REGULATIONS - A permit shall be issued when it is determined that the structure is located within the Special Flood Hazard Areas and the proposed construction or alteration is in full compliance with the statutes of the State of New York, National Board of Fire Underwriters standards and all other applicable Town law, codes, ordinances and regulations and the following Special Flood Hazard Areas regulations: A. (1) Alterations or repairs shall use construction materials and utility equipment that are resistant to flood damage, • and (2) Use construction methods and practices that will minimize flood damage. B. Proposed new construction, including prefabricated and mobile homes and/or substantial improvements or alterations shall: (1) Be protected against flood damage. (2) Be designed or modified and anchored to prevent flotation, collapse, or lateral movement of the structure. (3) Use construction materials and utility equipment that are resistant to flood damage. (4) Use construction methods and practices that will minimize flood damage. • C. New or replacement water supply systems and/or sanitary sewage systems shall be required to be designed to minimize or eli- minate infiltration of flood waters into the systems and discharges from the system into flood waters and require onsite waste disposal systems _ to be located so as to avoid impairment of them or contami- nation from: them during flooding. H. -- Other Special Flood Hazard. Area regulations. Before a permit is issued in a Special Flood Hazard Area the Planning Board shall: (1) Take into account flood plain management programs, if any, already in effect in neighboring areas and regulations that may be issued by the Flood Insurance Program or Federal Insurance Administrator. • (2) Provide that within the Special Flood Hazard Area the laws concerning land use and control and other measures de- signed to reduce flood losses shall take precedence over any con- flicting laws, ordinances, or codes. • . (3) Review all subdivision proposals and other proposed • new developments to assure that: • (a) . All such proposals are consistent with the need to mini- . mize flood damage and in accordance with the regulation herein. (b) All public utilities and facilities, such as sewer, gas, electrical and water systems are located, elevatedand• constructed to minimize or eliminate flood damage. (c) That adequate drainage is provided so as to reduce exposure to flood hazards. ARTICLE V - APPEALS SECTION 5.1 BOARD. OF APPEALS - The Town Board shall appoint 'a Board of Appeals consisting of five residents of the Town of Newfield over the age of 18 years, and shall designate its-chairman. • SECTION 5.2 ADMINISTRATION - The Board of Appeals shall ad- . minister its duties in accordance with Section 267 of the Town Law. SECTION 5.3 VARIANCE., - The Board of Appeals shall have the power in passing on appeals when not- so prohibited by the National'Flood Insurance Program Regulations, where, as a result of exceptional physical conditions connected with a particular or insurmountable • • •hardship in the way of carrying out the strict letter of this law that would deprive the owner of the reasonable use of the land or building involved, to vary or modify the application of the regulations ordinance. or provisions of this A . An application for a variance shall be reviewed at a public hearing. The time and date for which shall be set by the Board of Appeals. Notice of the hearing shall be published in the official Town paper at least thirty (30) days prior to the • hearing date. To grant the variance, 60% of voting members present must give them affirmation. Such decisions shall. be rendered within twenty-one (21) days of the submission of the variance application. Upon the decigion 'being. made, the Board of Appeals shall issue .a written reply to the applicant. . The fee for the variance application shall be set by the Town Board. Adopt?"' -ww�' ./q75