HomeMy WebLinkAboutSection 13 SECTION
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LOCAL LAW NO. 3
FOR THE YEAR 1985
BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF NEWFIELD
AS FOLLOWS:
SECTION 1. 0
Title, Statutory Authorization and Purpose
1. 1 TITLE
This local law shall be known as Flood Damage Prevention
Local Law.
1. 2 STATUTORY AUTHORIZATION
The People of the State of New York have in The New York
State Constitution, Article IX, Section 2 , delegated the respon-
sibility to local governmental units to adopt regulations designed
to promote the public health, safety, and general welfare of its
citizenry. Therefore, be it enacted by the Town Board of the Town (O
of Newfield, New York, as follows:
1. 3 STATEMENT OF PURPOSE
It is the purpose of this local law to promote the public
health, safety, and general welfare, and to minimize public and
private losses due to flood conditions in specific areas by
provisions designed:
(1) To protect human life and health;
(2) To minimize expenditure of public money for costly
flood control projects;
(3), To minimize the need for rescue and relief efforts
associated with flooding and generally 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, and streets and bridges located in areas
of special flood hazard;
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(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 insure that potential buyers 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
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
application.
"Appeal" means a request for a review of the interpretation of any
provision of this law or a request for a variance.
"Area of special flood hazard" means the land in the flood plain
within a community subject to a one percent or greater chance of
flooding in any given year.
"Base flood" means the flood having a one percent chance of being
�•- equalled or exceeded in any given year.
"Development" means any man-made change to improved or unimproved
real estate, including but not limited to buildings or other
structures, mining, dredging, filling, paving, excavation or
drilling operations located within the area of special flood
hazard.
"Flood" or "Flooding" mean a general and temporary condition of
partial or complete inundation of normally dry land areas from:
(1) The overflow of inland or tidal waters and/or
(2) The unusual and rapid accumulation or runoff of surface
waters from any source.
"Flood Hazard Boundary Map" (FHBM) means the official map issued
by the Federal Insurance Administration where the areas of special
flood hazard have been designated Zone A.
"Flood Insurance Rate Map" (FIRM) means the official map on which
the Federal Insurance Administration has delineated both the areas
of special flood hazards and the risk premium zones applicable to
the community.
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"Lowest Floor" means lowest level including basement, cellar,
crawlspace, or garage of lowest enclosed area.
"Mobile home" means a structure that is transportable in one or
more sections, built on a permanent chassis, and designed to be
used with or without a permanent foundation when connected to the
required utilities. It does not include recreational vehicles or
travel trailers.
"Structure" means a walled and roofed building, a mobile home, or
a gas or liquid storage tank, that is principally above ground.
"Substantial improvement" means any repair, reconstruction, or
improvement of a structure, the cost of which equals or exceeds
50 percent of the market value of the structure either:
(1) before the improvement or repair is started, or
(2) if the structure has been damaged and is being restored,
before the damage occurred.
For the purposes of this definition "Substantial improvement"
is considered to occur when the first alteration of any wall,
ceiling, floor or other structural part of the building commences,
whether or not that alteration affects the external dimensions of
the structure. The term does not, however, include either:
(1) any project for improvement of a structure to comply with
existing state Uniform Fire Prevention and Building Code
or local health, sanitary, or safety code specifications
which are solely necessary to assure safe living con-
ditions, or
(2) any alteration of a structure listed on the National
Register of Historic Places or a State Inventory of
Historic Places.
"Variance" means a grant of relief from the requirements of this
local law which permits construction in a manner that would
otherwise be prohibited by his local law.
SECTION 3. 0
General Provisions
3. 1 LANDS TO WHICH THIS LOCAL LAW APPLIES
This local law shall apply to all areas of specific flood
hazards within the jurisdiction of the Town of Newfield.
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3. 2 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD
The areas of special flood hazard identified by the Federal
Insurance Administration on its Flood Hazard Boundary Map (FHBM)
or Flood Insurance Rate Map (FIRM) No. ;Ei(008'S3 dated
/1)/9/ 7 /974 _ and any revisions thereto, are adopted by
refererfce and declared to be a part of this local law. The FHBM
or FIRM is on f i le a ,ys a, 4,011/n6 ,8Q/5+ d 1/ /y. E-4
3. 3 INTERPRETATION, CONFLICT WITH OTHER LAWS
In their interpretation and application, the provisions of
this local law shall be held to be minimum requirements, adopted
for the promotion of the public health, morals, safety, or the
general welfare. Whenever the requirements of this local law
are at variance with the requirements of any other lawfully
adopted rules , regulations, or ordinances, the most restrictive,
or that imposing the higher standards, shall govern.
3. 4 VALIDITY
The invalidity of any section or provision of this local law
shall not invalidate any other section or provision thereof.
3. 5 PENALTIES FOR NON-COMPLIANCE
No structure or land shall hereafter be constructed, located,
extended, converted, or altered without full compliance with the
terms of this local law and other applicable regulations. Viola-
tion of the provisions of this local law by failure to comply
with any of its requirements (including violations of conditions
and safeguards established in connection with conditions) shall
constitute a misdemeanor. Any person who violates this local law
or fails to comply with any of its requirements shall, upon con-
viction thereof, be fined not more than $250. 00 or imprisoned for
not more than 15 days or both for each violation and, in addition,
shall pay all costs and expenses involved in the case. Nothing
herein contained shall prevent the Town of Newfield from taking
such other lawful action as necessary to prevent or remedy a
violation.
3. 6 WARNING AND DISCLAIMER OF LIABILITY
The degree of flood protection required by this local law is
considered reasonable for regulatory purposes and is based on
scientific and engineering considerations. Larger floods can and
will 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 Newfield, any officer or employee thereof or the Federal In-
surance Administration , for any flood damages that result from
reliance on this local law or any administrative decision law-
fully made thereunder.
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SECTION 4 . 0
Administration
4. 1 ESTABLISHMENT OF DEVELOPMENT PERMIT
A Development Permit shall be obtained before construction
or development begins within any area of special flood hazard
established in Section 3. 2 . Application for a Development Permit
shall be made on forms furnished by the Town Building Code En-
forcement Officer and may include, but not be limited to : plans
in duplicate drawn to scale showing the nature, location, dimen-
sions, and elevations of the area in question; existing or pro-
posed structures, fill, storage of materials, drainage facilities,
and the location of the foregoing.
4. 2 DESIGNATION OF THE TOWN BUILDING CODE ENFORCEMENT OFFICER
The Town Building Code Enforcement Officer is hereby appointed
to administer and implement this local law by granting or denying
development permit applications in accordance with its provisions.
4. 3 DUTIES AND RESPONSIBILITIES OF THE TOWN BUILDING CODE
ENFORCEMENT OFFICER
Duties of the Town Building Code Enforcement Officer shall
include, but not be limited to:
4. 3-1 Permit Review
(1) Review all development permits to determine that the
permit requirements of this local law have been satisfied.
(2) Review all development permits to determine that all
necessary permits have been obtained from those Federal,
State or local governmental agencies from which prior
approval is required,
(3) Review all development permits to determine if the
proposed development adversely affects the flood carrying
capacity of the area of special flood hazard. For the
purposes of this local law, "adversely affects" means
damage to adjacent properties because of rises in flood
stages attributed to physical changes of the channel and
the adjacent overbank areas.
(i) If it is determined that there is no adverse
effect, then the permit shall be granted con-
sistent with the provisions of this local law.
(ii) If it is determined that there is an adverse
effect, then flood damage mitigation measures
shall be made a condition of the permit.
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4 . 3-2 Use of Other Base Flood Data
When base flood elevation data has not been provided in
accordance with Section 3. 2 , BASIS FOR ESTABLISHING THE
AREAS OF SPECIAL FLOOD HAZARD, the Town Building Code
Enforcement Officer shall obtain, review and reasonably
utilize any base flood elevation data available from a
Federal, State or other source, in order to administer
Section 5.2 , SPECIFIC STANDARDS.
4. 3-3 Information to be Obtained and Maintained.
(1) Obtain and record the actual elevation (in relation to
mean sea level) of the lowest floor (including basement
or cellar) of all new or substantially improved struc-
tures, and whether or not the structure contains a
basement or cellar. .
(2) For all new or substantially improved floodproofed
structures:
(i) Obtain and record the actual elevation (in relation
to mean sea level) to which the structure has been
floodproofed.
(ii) Maintain the floodproofing certifications required
in Section 5. 2-2 (3) .
(3) Maintain for public inspection all records pertaining_ to
the provisions of this local law.
4. 3-4 Alteration of Watercourses
(1) Notify adjacent communities and the New York State Depart-
ment of Environmental Conservation prior to any alteration
or relocation of a watercourse, and submit evidence of
such notification to the Federal Insurance Administration.
(2) Require that maintenance is provided within the altered or
relocated portion of said watercourse so that the flood
carrying capacity is not diminished.
4. 3-5 Interpretation of FHBM or FIRM Boundaries
Make interpretations where needed, as to the exact loca-
tion of the boundaries of the areas of special flood
hazards (for example, where there appears to be a con-
flict between a mapped boundary and actual field
conditions) .
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SECTION 5. 0
Provisions for Flood Hazard Reduction
5. 1 GENERAL STANDARDS
In all areas of special flood hazards the following standards
are required:
5. 1-1 Anchoring
(1) All new construction and substantial improvements shall
be anchored to prevent flotation, collapse, or lateral
movement of the structure.
(2) All mobile homes and any additions thereto shall be
anchored to resist flotation, collapse, or lateral
movement by providing an anchoring system designed to
withstand a wind force of 90 miles per hour.
5. 1-2 Construction Materials and Methods
(1) All new construction and substantial improvements shall
be constructed with materials and utility equipment
resistant to flood damage.
(2) All new construction and substantial improvements shall
be constructed using methods and practices that minimize
flood damage.
5. 1-3 Utilities
(1) All new and replacement water supply systems shall be
designed to minimize or eliminate infiltration of flood
waters into the system;
(2) New and replacement sanitary sewage systems shall be
designed to minimize or eliminate infiltration of flood
waters; and
(3) On-site waste disposal systems shall be located to avoid
impairment to them or contamination from them during
flooding.
5. 1-4 Subdivision Proposals
(1) All subdivision proposals shall be consistent with the
need to minimize flood damage;
(2) All subdivision proposals shall have public utilities
and facilities such as sewer, gas, electrical, and water
systems located and constructed to minimize flood
damage;
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(3) All subdivision proposals shall have adequate drainage
provided to reduce exposure to flood damage; and
•w, (4) Base flood elevation data shall be provided for sub-
division proposals and other proposed development which
contain at least 50 lots or 5 acres (whichever is less) .
5. 1-5 Encroachments
Any proposed development shall be analyzed to determine
effects on the flood carrying capacity of the area of
special flood hazard as set forth in Section 4 . 3-1 (3) ,
Permit Review.
5. 2 SPECIFIC STANDARDS
In all areas of special flood hazards where base flood eleva-
tion data has been provided as set forth in Section 4 . 3-2 , Use of
Other Base Flood Data, the following standards are required:
5. 2-1 Residential Construction
New construction and substantial improvements of any
residential structure shall have the lowest floor,
including basement or cellar, elevated to or above the
base flood elevation,
5. 2-2 Nonresidential Construction
New construction and substantial improvement of any com-
mercial, industrial or other nonresidential structure
,,.. shall either have the lowest floor, including basement
or cellar, elevated to or above the base flood elevation;
or, together with attendant utility and sanitary facili-
ties, shall:
(1) be floodproofed so that below the base flood level
the structure is watertight with walls substantially
impermeable to the passage of water;
(2) have structural components capable of resisting
hydrostatic and hydrodynamic loads and effects of
bouyancy; and
(3) be certified by a registered professional engineer
or architect that the standards of this subsection
are satisfied. Such certifications shall be pro-
vided to the official as set forth in Section
4. 3-3 (2) .
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SECTION 6. 0
Variance Procedure
6. 1 APPEAL BOARD
(1) The Town Board as established by Town Board shall hear
and decide appeals and requests for variances from the
requirements of this local law.
(2) The Town Board shall hear and decide appeals when it is
alleged there is an error in any requirement, decision,
or determination made by the Town Building Code Enforce-
ment Officer in the enforcement or administration of
this local law.
(3) Those aggrieved by the decision of the Town Building
Code Enforcement Officer or any taxpayer, may appeal
such decision to the supreme court as provided in The
New York State Constitution, Article VI , Section 2 .
(4) In passing upon such applications, the Town Board shall
consider all technical evaluations, all relevant fac-
tors, standards specified in other section of this
local law and:
(i) the danger that materials may be swept onto other
lands to the injury of others;
(ii) the danger of 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 com-
prehensive plan and flood plain management program
of that area;
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(ix) the safety of access to the property in times of
flood for ordinary and emergency vehicles;
(x) 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
(xi) the costs of providing governmental services during
and after flood conditions, including maintenance
and repair of public utilities and facilities such
as sewer, gas, electrical, and water systems and
streets and bridges.
(5) Upon consideration of the factors of Section 6. 1 (4) and
the purposes of this local law, the Town Board may attach
such conditions to the granting of variances as it deems
necessary to further the purposes of this local law.
(6) The Town Clerk shall maintain the records of all appeal
actions including technical information and report any
variances to the Federal Insurance Administration upon
request.
6 . 2 CONDITIONS FOR VARIANCES
(1) Generally, variances may be issued for new construction
and substantial improvements to be erected on a lot of
one-half acre or less in size contiguous to and surrounded
by lots with existing structures constructed below the
base flood level, providing item (i-xi) in Section 6 .1 (4)
have been fully considered. As the lot size increases
beyond the one-half acre, the technical justification
required for issuing the variance increases.
(2) Variances may be issued for the reconstruction, rehabili-
tation or restoration of structures listed on the National
Register of Historic Places or the State Inventory of
Historic Places, without regard to the procedures set
forth in the remainder of this section.
(3) Variances shall not be issued within any designated flood-
way if any increase in flood levels during the base flood
discharge would result.
(4) Variances shall only be issued upon a determination that
the variance is the minimum necessary, considering the
flood hazard, to afford relief.
(5) Variances shall only be issued upon:
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(i) a showing of good and sufficient cause;
(ii) a determination that failure to grant the variance
would result in exceptional hardship to the appli-
cant; and
(iii) a determination that the granting of a variance
will not result in increased flood heights , addi-
tional threats to public safety, extraordinary
public expense, create nuisances, cause fraud on
or victimization of the public as identified in
Section 6. 1 (4) or conflict with existing local
laws or ordinances.
(6) Any applicant to whom a variance is granted shall be
given written notice that the structure will be permitted
to be built with a lowest floor elevation below the base
flood elevation and that the cost of flood insurance will
be commensurate with the .increased risk resulting from
lowest floor elevation.
SECTION 7 . 0
Repeal of Conflicting Local Laws
7. 1 All local laws, ordinances and parts of laws and ordinances
heretofore passed which are in conflict with this local law are
hereby repealed.
SECTION 8 . 0
Effective Date
8. 1 This local law shall take effect immediately upon its filing
with the Secretary of State in accordance with the provisions of
Section 27 of the municipal Home Rule law.
APPROVED by Town Supervisor after hearing pursuant to Section
24 of the Municipal Home Rule law.
Town Supervisor
!I' d,
...
(Pie..Use this Form for Filing your Local law with the Secretary of State)
Text of law should be given as amended. Do not include matter being
eliminated and do not use italics or underlining to indicate new matter.
Caw,*
atic
of Newf ield
Town
• xialhreltX
Local Law No. 1 d the year 19
A local 1aw
Ormindla
as authorized, by the,New York State Constitution, Article IX, Section 2, and
Environmental Conservation Law, Article 361
Be It enacted by the
of the
. Meonam
r ;art of .Newf ield Tompkins "follows:
Town
giAllPer
1
FOCI( sciditiopfilipeci,please attach sheets of the same sine as this and number each) !igt
60.3(b) & (c)
(FOLLOWING COMPLIES WITH NATIONAL FLOOD INSUPANCE
PROGRAM FLOOD PLAIN MANAGEMENT CRITERIA FOR FLOOD-PRONE AREAS
(44 CFR 60.3(b] & (c]) AS REVISED 10/1/86)
FLOOD DAMAGE PREVENTION LOCAL LAW
SECTION 1.0
STATUTORY AUTHORIZATION AND PURPOSE
1.1 FINDINGS
The Town Board of the Town of
Newfield finds that the potential and/or actual
damages from flooding and erosion may be a problem to the residents of •
the Town of Newfield and that
such damages may include: destruction or loss of private and public
housing, damage to public facilities, both publically and privately
owned, and injury to and loss of human life. In order to minimize the
threat of such damages and to achieve the purposes and objectives
hereinafter set forth, this local law is adopted.
1.2 STATEMENT OF PURPOSE
It is the purpose of this local law to promote the public health,
safety, and general welfare, and to minimize public and private losses
due to flood conditions in specific areas by provisions designed to:
(1) regulate uses which are dangerous to health, safety and
property due to water or-erosion 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 accamiodation of flood waters;
(4) control filling, grading, dredging and other development
which may increase erosion or flood damages;
(5) regulate the construction of flood barriers which will
unnaturally divert flood waters or which may increase flood
hazards to other lands; and
(6) qualify and maintain participation in the National Flood
Insurance Program.
1.3 OBJECTIVES
The objectives of this local law are:
(1) to protect human life and health;
(2) to minimize expenditure of public money for costly flood
control projects;
(3) to minimize the need for rescue and relief efforts asso-
ciated 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, sewer lines,
streets and bridges located in areas of special flood hazard;
2
60.3(b) & (c)
(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 local
law shall be interpreted so as to give them the meaning they have in
canon usage and to give this local law its most reasonable
application.
"Appeal" means a request for a review of the Local Administrator's
interpretation of any provision of this Local Law or a request for a
variance.
"Area of shallow flooding" means a designated AO or VO Zone on a
community's Flood Insurance Rate Map (FIRM) with base flood depths
from one to three feet where a clearly defined channel does not exist,
where the path of flooding is unpredictable.and indeterminate, and
where velocity flow may be evident.
"Area of special flood hazard" is the land in the floodplain within a
cammunity 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,
Al-99, V, VO, VE, or V1-30. It is also commonly referred to as the
base floodplain or 100-year floodplain.
"Base flood" means the flood having a one percent chance of being
equalled,or exceeded in any given year.
"Basement" means that portion of a building having its floor subgrade
(below ground level) on all sides.
"Breakaway wall" means a wall that is not part of the structural
support of the building and is intended through its design and
construction to collapse under specific lateral loading forces without
causing damage to the elevated portion of the building or the
supporting foundation system.
"Building" means any structure built for support, shelter, or
enclosure for occupancy or storage.
"Cellar" - has the same meaning as "Basement".
"Coastal high hazard area" means the area subject to high velocity
waters including, but not limited to, hurricane wave wash. The area
is designated on a FIRM as Zone V1 - 30, VE, VO or V.
"Development" means any man-made change to improved or unimproved real
estate, including but not limited to buildings or other structures,
mining, dredging, filling, paving, excavation or drilling operations
located within the area of special flood hazard.
"Elevated building" means a non-basement building built to have the
lowest floor elevated above the ground level by means of fill, solid
foundation perimeter walls, pilings, columns (posts and piers), or
shear walls.
"Flood" or "Flooding" means a general and temporary condition of
partial or complete inundation of normally dry land areas from:
(1) the overflow of inland or tidal waters;
3
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60.3(b) & (c)
• (2) the unusual and rapid accumulation or runoff of surface
waters fran any source.
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 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 defined
but no water surface elevation data is 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.
"Flood Insurance Study" is the official report provided by the Federal
Emergency Management Agency. The report contains flood profiles, as
well as the Flood Boundary Floodway Map and the water surface
elevations of the base flood.
"Flood proofing" 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".
"Floor" means the top surface of an enclosed area in a building
(including basement), i.e., top of slab in concrete slab construction
or top of wood flooring in wood frame construction.
"Functionally dependent use" means a ube 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. The term does not include long-term storage,
manufacture, 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.
"Lowest Floor" means lowest level including basement or cellar of the
lowest enclosed area. An unfinished or flood resistant enclosure,
usable solely for parking of vehicles, building access, or storage in
an area other than a basement or cellar is not considered a building's
lowest floors provided, that such enclosure is not built so as to
render the structure in violation of the applicable non-elevation
design requirements of this Local Law.
"Manufactured hone" means a structure, transportable in one or more
sections, which is built on a permanent chassis and designed to be
used with or without a permanent foundation when connected to the
required utilities. The term also includes park trailers, travel
trailers, and similar transportable structures placed on a site for
180 consecutive days or longer and intended to be improved property.
"Mean Sea Level" means, for purposes of the National Flood Insurance
Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other
datum, to which base flood elevations shown on a community's Flood
Insurance Rate,Map are referenced.
"Mobile hone" - has the same meaning as "Manufactured home".
4
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60.3(b) & (c)
"National Geodetic Vertical Datum (NGVD)" as corrected in 1929 is a
vertical control used as a reference for establishing elevations
within the flood plain.
"New construction" means structures for which the "start of
construction" commenced on or after the effective date of this Local
Law.
"Principally Above Ground" means that at least 51 percent of the
actual cash value of the structure, excluding land value, is above
ground.
"100-year Flood" - has the same meaning as "Base Flood."
"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 4.3-2 of this Law.
"Sand dunes" means naturally occurring accumulations of sand in ridges
or mounds landward of the beach.
"Start of construction" means the initiation, excluding planning and
design, of any phase of a project, physical alteration of the
property, and shall include land preparation, such as clearing,
grading, and filling; installation of streets and/or walkways;
excavation for a basement, footings, piers, or foundations or the
erection of temporary forms. It also includes the placement and/or
installation on the property of accessory buildings (garages, sheds),
storage trailers, and building materials.
"Structure" means a walled and roofed building, a manufactured home,
or a gas or liquid storage tank, that is principally above ground.
"Substantial improvement" means any repair, reconstruction, or
improvement of a structure, the cost of which equals or exceeds 50
percent of the market value of the structure, excluding land values,
either:
(1) before the improvement or repair is started; or
(2) if the structure has been damaged and is being restored,
before the damage occurred.
For the purposes of this definition "substantial improvement" is
considered to commence when the first alteration of any wall, ceiling,
floor or other structural part of the building commences, whether or
not that alteration affects the external dimensions of the structure.
The term does not, however, include either:
(1) any project for improvement of a structure to comply with
existing state or local building, fire, health, sanitary, or
safety code specifications which are solely necessary to
assure safe living conditions; or
(2) any alteration of a structure or contributing structure
listed on the National Register of Historic Places or a
State Inventory of Historic Places.
"Variance" means a grant of relief from the requirements of this local
law which permits construction or use in a manner that mould otherwise
be prohibited by this local law.
5
•
60.3(b) &(c)
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
hazards within the jurisdiction of the Town of
Newfield
3.2 BASIS FOR •-LISHING THE AREAS OF SPEC •.' HAZARD
(1) The areas of spe•'al flood hazard iden fied by the Federal
Emergency Managemen. Agency in a sci tific and engineering
report entitled "The Insuran - Study for the
of , of
Count; ew York', dated
, 19 , th ac ying Flood Insurance
Rate Maps is hereby adopt.: and declar-• - be a part of this
Local Law. The Flood I,_ ance Study and FI•' - on file at
(Oft)
(2) The areas of special flood hazard identified by the Federal
Insurance Administration on its Flood Hazard Boundary Map
(FHBM), or Flood Insurance Rate Map (FIRM) No. 0I-04-Community 360853B
dated April 29. 1985 is hereby adopted and
declared to be a part of this Local Law. The FHBM or FIRM is
on file at
3.3 INTERPRETATION, CONFLICT WITH OTHER LAWS
This Local Law is adopted in response to revisions to the
National Flood Insurance Program effective October 1, 1986 and
shall supercede all previous laws adopted for the purpose of
establishing and maintaining eligibility for flood insurance.
In their interpretation and application, the provisions of this
local law shall be held to be minimum requirements, adopted for
the promotion of the public health, safety, and welfare.
Whenever the requirements of this local law are at variance
with the requirements of any other lawfully adopted rules,
regulations, or ordinances, the most restrictive, or that
imposing the higher standards, shall govern.
3.4 SEVERABILITY
The invalidity of any section or provision of this local law
shall not invalidate any other section or provision thereof.
3.5 PENALTIES FOR NON-( LIANCE
No structure shall hereafter be constructed, located, extended,
converted, or altered and no land shall be excavated or filled
without full compliance with the terms of this Local Law and
any other applicable regulations. Any infraction of the
provisions of this Local Law by failure to comply with any of
its requirements, including infractions of conditions and
safeguards established in connection with conditions of the
permit, shall constitute a violation. Any person who violates
this Local Law or fails to comply with any of its requirements
shall, upon conviction thereof, be fined no more than $250 or
imprisoned for not more than 15 days or both. Each day of
noncompliance shall be considered a separate offense. Nothing
herein contained shall prevent the Town of Newfield
6
60.3(b) & (c)
from taking such other lawful action as necessary to prevent or
remedy an infraction. Any structure found not compliant with
the requirements of this Local Law for which the developer
and/or owner has not applied for and received an approved
variance under Section 6.0 will be declared noncompliant and
notification sent to the Federal Emergency Management Agency.
3.6 WARNING AND DISCLAIMER OF LIABILITY
The degree of flood protection required by this local law is
considered reasonable for regulatory purposes and is based on
scientific and engineering considerations. Larger floods can
and will 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 Newfield , 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 administrative decision lawfully made thereunder.
SECTION 4.0
AtI4INISTRATION
4.1 DESIGNATION OF THE LOCAL ADMINISTRATOR
• Offic
The Building Code Enforcement Is hereby appointed Local
Administrator to administer and implement this local law by
granting or denying development permit applications in
accordance with its provisions.
4.2 ESTABLISHMENT OF DEVELOPMENT PERMIT
A Development Permit shall be obtained before the start of
construction or any other development within the area of
special flood hazard as established in Section 3.2. Applica-
tion for a Development 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.
4.2-1 APPLICATION STAGE.
The following information is required where applicable:
(a) Elevation in relation to mean sea level of the
proposed lowest floor (including basement or
cellar) of all structures;
(b) Elevation in relation to mean sea level to which
any non- residential structure will be
flood-proofed;
(c) When required, a certificate from a licensed
professional engineer or architect that the utility
floodproofing will meet the criteria in Section
5.1-3(1);
(d) Certificate from a licensed professional engineer
or architect that the non-residential flood-proofed
structure will meet the flood-proofing criteria in
Section 5.2-2; and
(e) Description of the extent to which any watercourse
will be altered or relocated as a result of •
proposed development.
. 7
60.3(b) & (c)
4.2-2 CONSTRUCTION STAGE.
Upon placement of the lowest floor, or flood-proofing by
whatever means, it shall be the duty of the permit holder
to submit to the Local Administrator a certificate of the
as-built elevation of the lowest floor, or flood-proofed
elevation, in relation to mean sea level. The elevation
certificate shall be prepared by or under the direct
supervision of a licensed land surveyor or professional
engineer and certified by same. When flood-proofing is
utilized for a particular building, the flood proofing
certificate shall be prepared by or under the direct
supervision of a licensed professional engineer or
architect and certified by same. Any further work
undertaken prior to submission and approval of the
certificate 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.
4.3 DUTIES,AND RESPONSIBILITIES OF THE LOCAL ADMINISTRATOR
Duties of the Local Administrator shall include, but not be
limited to:
4.3-1 PERMIT APPLICATION REVIEW
(1) Review all development permit applications to determine
that the requirements of this local law have been
satisfied.
(2) Review all development permit applications to determine
that all necessary permits have been obtained from
those Federal, State or local governmental agencies
from which prior approval is required.
(3) Review all development permit applications to determine
if the proposed development adversely affects the area
of special flood hazard. For the purposes of this
local law, "adversely affects" means physical damage to
adjacent properties. A hydraulic engineering study may
be required of the applicant for this purpose.
(i) If there is no adverse effect, then the permit
shall be granted consistent with the provisions of
this local law.
(ii) If there is an adverse effect, then flood damage
mitigation measures shall be made a condition of
the permit.
(4) Review all development permits for compliance with the
provisions of Section 5.1-5, Encroachments.
4.3-2 USE OF OTHER BASE FLOOD AND F'LOODIAY DATA
When base flood elevation data has not been provided in
accordance with Section 3.2, BASIS FOR ESTABLISHING THE
AREAS OF SPECIAL FLOOD HAZARD, the Local Administrator 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
Section 5.1-4(4) in order to administer Section 5.2,
SPECIFIC STANDARDS and $ection 5:3 FLOODWAYS.
4.3-3 INFORMATION TO BE OBTAINED AND MAINTAINED
(1) Obtain and record the actual elevation, in relation to
mean sea level, of the lowest floor including basement
or cellar of all new or substantially improved
8
60.3(b) & (c)
structures, and whether or not the structure contains a
basement or cellar.
(2) For all new or substantially improved floodproofed
structures:
(i) obtain and record the actual elevation, in
relation to mean sea level, to which the structure
has been floodproofed; and
(ii) maintain the floodproofing certifications required
in Sections 5.1 and 5.2.
(3) Maintain for public inspection all records pertaining
to the provisions of this local law including variances,
when granted, and Certificates of Compliance.
4.3-4 ALTERATION OF WATERCOURSES
(1) Notify adjacent communities and the New York State
Department of Environmental Conservation prior to any
alteration or relocation of a watercourse, and submit
evidence of such notification to the Regional Director,
Federal Emergency Management Agency, Region II, 26
Federal Plaza, New York, NY 10278.
(2) Require that maintenance is provided within the altered
or relocated portion of said watercourse so that the
flood carrying capacity is not diminished.
4.3-5 INTERPRETATION OF FHBM, FIRM OR FBFM BOUNDARIES
The Local Administrator shall have the authority to make
interpretations when there appears to be a conflict between.
the limits of the federally identified area of special flood
hazard and actual field conditions.
Base flood elevation data established pursuant to Section
3.2 and/or Section 4.3-2, when available, shall be used to
accurately delineate the area of special flood hazards.
The Local Administrator shall use flood information from any
other authoritative source, including historical data, to
establish the limits of the area of special flood hazards
when base flood elevations are not available.
4.3-6 STOP WORK ORDERS
(1) All flocdplain development found ongoing without an
approved permit shall be subject to the issuance of a
stop work order by the Local Administrator. Disregard
of a stop work order shall be subject to the penalties
described in Section 3.5 of this Local Law.
(2) All floodplain development found noncompliant with the
provisions of this law and/or the conditions of the
approved permit shall be subject to the issuance of a
stop work order by the Local Administrator. Disregard
of a stop work order shall be subject to the penalties
described in Section 3.5 of this Local Law.
4.3-7 INSPECTIONS
The Local Administrator and/or the developer's engineer or
architect shall make periodic inspections at appropriate
times throughout the period of construction-in order to
monitor compliance with permit conditions and enable said
inspector to certify that the development is in compliance
with the requirements of this Local Law.
9
60.3(b) & (c)
4.3-8 CERTIFICATE OF COMPLIANCE
(1) It shall be unlawful to use or 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
either the Development Permit or the approved variance.
(2). All other development occurring within the area of
special flood hazard will have upon completion a
Certificate of Compliance issued by the Local
Administrator.
All certificates shall be based upon the inspections conducted
subject to Section 4.3-7 and/or any certified elevations,
hydraulic information, floodproofing, anchoring requirements or
encroachment analysis which may have been required as a condition
of the approved permit.
SECTION 5.0
PROVISIONS FOR FLOOD HAZARD REDUCTION
5.1 GENERAL STANDARDS
In all areas of special flood hazards the following standards are
required:
5.1-1 ANCHORING
(1) All new construction and substantial improvements shall
be anchored to prevent flotation, collapse, or lateral
movement of the structure.
(2) All manufactured homes shall be installed using methods
and practices which minimize flood damage. .
Manufactured homes must be elevated and anchored to
resist flotation, collapse, or lateral movement.
Methods of anchoring may include, but are not to be
limited to, use of over-the- top or frame ties to
ground anchors. This requirement is in addition to
applicable State and local anchoring requirements for
resisting wind forces.
5.1-2 CONSTRUCTION MATERIALS AND METHODS
(1) All new construction and substantial improvements shall
be constructed with materials and utility equipment
resistant to flood damage.
(2) All new construction and substantial improvements shall
be constructed using methods and practices that
minimize flood damage.
5.1-3 UTILITIES
(1) Electrical, heating, ventilation, plumbing, air
conditioning equipment, and other service facilities
shall be designed and/or located so as to prevent water
from entering or accumulating within the components
. during conditions of flooding. When designed for
location below the base flood elevation, a professional
engineer's or architect's certification is required.
(2) All new and replacement water supply systems shall be
designed to minimize or eliminate infiltration of flood
waters into the system.
10
60.3(b) & (c)
•
(3) New and replacement sanitary sewage systems shall be
designed to minimize or eliminate infiltration of flood
waters.
(4) On-site waste disposal systems shall be located to
avoid impairment to them or contamination from them
during flooding.
5.1-4 SUBDIVISION PROPOSALS
(1) All subdivision proposals shall be consistent with the
need to minimize flood damage.
(2) All subdivision proposals shall have public
utilities and facilities such as sewer, gas,
electrical, and water systems located and
constructed to minimize flood damage.
(3) All subdivision proposals shall have adequate
drainage provided to reduce exposure to flood
damage.
(4) Base flood elevation data shall be provided for
subdivision proposals and other proposed
developments (including proposals for manufactured
home parks and subdivisions) greater than either 50
lots or 5 acres.
5.1-5 ENCROACHMENTS
(1) All proposed development in riverine situations
where no flood elevation data is available
(unnumbered A Zones) shall be analyzed to determine
the effects on the flood carrying capacity of the
area of special flood hazards set forth in section
4.3-1(3), Permit Review. This may require the
submission of additional technical data to assist in the
determination.
(2) In all areas of special flood hazard in which base
flood elevation data is available pursuant to
Section 4.3-2 or Section 5.1-4(4) and no floodway
has been determined the cumulative effects of any
proposed development, when combined with all other
existing and anticipated development, shall not
increase the water surface elevation of the base
flood more than one foot at any point.
(3) In all areas of the special flood hazard where
floodway data is provided or available pursuant to
Section 4.3-2, the requirements of Section 5.3
FLOODWAYS, shall apply.
5.2 SPECIFIC STANDARDS
In all areas of special flood hazards where base flood
elevation data has been provided as set forth in Section 3.2(1)
BASIS FOR. ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD and
Section 4.3-2, USE OF OTHER BASE FLOOD DATA, the following
standards are required:
5.2-1 RESIDENTIAL CONSTRUCTION
New construction and substantial improvements of any
resident structure shall:
(1) Have the lowest floor, including basement or
cellar, elevated to or above the base flood
• elevation.
11
• 60.3(b) & (c)
(2) Have fully enclosed areas below the lowest floor
that are subject to flooding designed to
automatically equalize hydrostatic flood forces on
exterior walls by allowing for the entry and exit
of floodwaters. Designs for meeting this
requirement must either be certified by a
licensed professional engineer or architect or meet
or exceed the following minimum criteria:
(i) a minimum of two openings having a total net
area of not less than one square inch for
every square foot of enclosed area subject to
flooding;
(ii) the bottan of all such openings shall be no
higher than one foot above the lowest
adjacent finished grade; and
(iii)openings may be equipped with louvers,
valves, screens or other coverings or devices
provided they permit the automatic entry and
exit of floodwaters. •
5.2-2 NONRESIDENTIAL CONSTRUCTION
New construction and substantial improvements of any
commercial, industrial or other non-residential structure,
together with attendant utility and sanitary facilities,
shall either: have the lowest floor, including basement or
cellar, elevated to or above the base flood elevation; or
be floodproofed to the base flood level.
(1) If the structure is to be elevated, fully enclosed
areas below the base flood elevation shall be
designed to automatically (without human interven-
tion) allow for the entry and exit of floodwaters for
the purpose of equalizing hydrostatic flood forces on
exterior walls. Designs for meeting this requirement
must either be certified by a licensed professional
engineer or a licensed architect or meet the following
criteria:
(i) a minimum of two openings having a total net area
of not less than one square inch for every square
foot of enclosed area subject to flooding;
(ii) the bottan of all such openings shall be no higher
than one foot above the lowest adjacent finished
grade; and
(iii)openings may be equipped with louvers, valves,
screens or other coverings or devices provided
they permit the automatic entry and exit of
floodwaters.
(2) If the structure is to be floodproofed:
(i) a licensed professional engineer or architect
shall develop and/or review structural design,
specifications, and plans for the construction,
and shall certify that the design and methods of
construction are in accordance with accepted
standards of practice to make the structure
watertight with walls substantially impermeable to
the passage of water, with structural components
having the capability of resisting hydrostatic and
• hydrodynamic loads and effects of buoyancy; and
(ii) a licensed professional engineer or licensed land
surveyor shall certify the specific elevation (in
12
60.3(b) & (c)
relation to mean sea level) to which the structure
is floodproofed.
6 "
The Local Administrator shall maintain on record a copy of
all such certificates noted in this section.
5.2-3 CONSTRUCTION STANDARDS FOR AREAS OF SPECIAL FLOOD HAZARDS
WITHOUT BASE FLOOD ELEVATIONS
(1) New construction or substantial improvements of
structures including manufactured hones shall have the
lowest floor (including basement) elevated at least 2
feet above the highest adjacent grade next to the
proposed foundation of the structure.
(2) Fully enclosed areas below the lowest floor that are
subject to flooding shall be designed to automatically
(without human intervention) allow for the entry and
exit of floodwaters for the purpose of equalizing
hydrostatic flood forces on exterior walls. Designs
for meeting this requirement must either be certified
by a licensed professional engineer or a licensed
architect or meet the following criteria:
(i) a minimum of two openings having a total net area
of not less than one square inch for every square
foot of enclosed area subject to flooding;
(ii) the bottom of all such openings shall be no higher
than one foot above the lowest adjacent finished
grade; and
(iii)openings may be equipped with louvers, valves,
screens or other coverings or devices provided
they permit the automatic entry and exit of
floodwaters.
5.3 FIL OE U YS
Located within areas of special flood hazard are areas designated
as floodways (see definition, Section 2.0) . The floodway is an
extremely hazardous area due to high velocity flood waters
carrying debris and posing additional threats fran potential
erosion forces. When floodway data is available for a particular
site as provided by Section 4.3-2, all encroachments including
fill, new construction, substantial improvements, and other
development are prohibited within the limits of the floodway
unless a technical evaluation demonstrates that such
encroachments shall not result in any increase in flood levels
during the occurrence of the base flood discharge.
SECTION 6.0
VARIANCE PROCEDURE
6.1 APPEALS BOARD
(1) The Town Board as established by
the Town of Newfield shall hear and decide
appeals and requests for variances fran the requirements
of this local law.
(2) The Town Board 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 administration of this
local law.
(3) Those aggrieved by the decision of the Town Board
may appeal such decision to the Supreme Court pursuant to
Article 78 of the Civil Practice Law and Rules.
• 13
60.3(b) & (c)
(4) In passing upon such applications, the Town Board
shall consider all technical evaluations, all relevant
factors, standards specified in other sections of this
local law and
• (i) the danger that materials may be swept onto other
lands to the injury of others;
(ii) the danger to life and property due to flooding or
erosion damage;
(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 flood plain management
program of that area;
(ix) the safety of access to the property in times of
flood for ordinary and emergency vehicles;
•
(x) the costs to local governments and the dangers
associated with conducting search and rescue
operations during periods of flooding;
4
(xi) the expected heights, velocity, duration, rate of
rise, and sediment transport of the flood waters and
. the effects of wave action, if applicable, expected
at the site; and
(xii) the costs of providing governmental services during
And after flood conditions, including search and
rescue operations, maintenance and repair of public
utilities and facilities such as sewer, gas,
electrical, and water systems and streets and
bridges.
(5) Upon consideration of the factors of Section 6.1(4) and
the purposes of this local law, the Town Board
may attach such conditions to the granting of variances as
it deems necessary to further the purposes of this local
law.
(6) The Local Administrator shall maintain the records of all
appeal actions including technical information and report
any variances to the Federal Emergency Management Agency
upon request.
6.2 CONDITIONS FOR VARIANCES
(1) Generally, variances may be issued for new construction
and substantial improvements to be erected on a lot of
one-half acre or less in size contiguous to and surrounded
by lots with existing structures constructed below the
base flood level, providing item (i-xii) in Section 6.1(4)
have been fully considered. As the lot size increases
beyond the one-half acre, the technical justification
required for issuing the variance increases.
14
60.3(b) & (c)
• (2) Variances may be issued for the reconstruction, rehabili-
tation or restoration of structures and contributing
structures listed on the National Register of Historic
Places or the State Inventory of Historic Places, without
regard to the procedures set forth in this local law.
(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 1, 4, 5, and 6 of this
Section are met;
(ii) the structure or other development is protected by
methods that minimize flood damages during the base
flood and create no additional threats 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, considering the flood
hazard, to afford relief.
(6) Variances shall only be issued upon receiving written
justification:
(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 local laws or
ordinances.
(7) Any applicant to wham a variance is granted for a building
with the lowest floor below the base flood elevation shall
be given written notice that the cost of flood insurance
will be commensurate with the increased risk.
He it enacted this day of , 19 by the
Town Board of the Town of Newfield,
Tompkins County, New York, to be effective
April 1, 1987 •
•
•
SEAL
ATTEST. CLERK
•
15
•
(Complete the certification in the paragraph which applies to the filing of this local law and strike out the
Batter therein which Is not •r.nli�ihl,t 1
1. (Final adoption by local legislative body only.)
1 hereby certify that the local law annexed hereto,designated as local law No. __._ of 19
County
of the City of was duly passed by the _
Town (Name v Legislative Body)
Village
on 19 in accordance with the applicable provisions of Law.
•
2. (Passage by local legislative body with approval or no disapproval by Elective Chief Executive Officer,'
or repassage after disapproval.)
1 hereby certify that the local law annexed hereto,designatedas local law No. of 19
County
of the City of was duly passed by the
Town (N.m..1 L..i.l.tive Body)
Village
not disapproved
on.. . .19 and was approved by the
repassed after disapproval Elective Chief Executive Officer•
and was deemed duly adopted on 19 i in accordance with the applicable
provisions of law.
3. (Final adoption by referendum.)
1 hereby certify that the local law annexed hereto,designated as local law No. of 19
County
of the City of was duly passed by the
Town (Name el Losi letiv.Seely)
Village not disapproved
on 19 and was approved by the
repassed after disapproval Elective Chief Esecvti.e Officer•
on. 19 . Such local law was submitted to the people by reason of a
mandatory
permissive referendum,and received the affirmative vote of a majority of the qualified electors voting
general
thereon at the special election held on 19 , In accordance with the appli.
annual
cable provisions of law.
4. (Subject to permissive referendum,and final adoption because no valid petition filed requesting
referendum.)
I hereby certify that the local law annexed hereto,designated as local law No...........-...... of 19..........
County
of the Town of.......... was duly passed by the........ on
m....t twai.f.tl..Bodr)
Village not disapproved
19 and was approved by the on
repassed after disapproval Elective Chief Executive Officer•
. . 19 . Such local law being subject to is permissive referendum and no
valid petition requesting such referendum having been filed, said local law was deemed duly adopted on
19 , in accordance with the applicable provisions of law.
•
*Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-wide bash
or,if ty h'
there be none,the chairman or the
of the county rive body, mayor of a or tNage supervisor of town,
�a Y Y city
when such officer h vested with power to approve or veto foul laws or erdloauwir. •
Page 16
•
•
•
S. (City local law concerning Charter reylslon proposed by petition.)
I herein certify that the local law ann.:ed hereto.designated as local law No.....___ __ of 19.._....
of the City of _ ..___._. .._....hosing been submitted to referendum pursuant to the
provisions of 11 3736 of the Lunicipal flume Rule Law.and having received the affirmative vote of a majority
of the qualified electors of such city voting thereon at the
special election held on
..19...._._...became operative.
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto.designated as Local Law No.:,,:.:of 19......of the
County of , State of New York, having been submitted to the Electors at the
General Election of November , 19 ,pursuant to subdivisions 5 and 7 of Section 33 of the Muni-
cipal Home Rule Law,and having received the affirmative vote of a majority of the qualified electors of the
cities of said county as a unit and of a majority of the qualified electors of the towns of said county
considered as a unit voting at said general election,became operative.
(If any other authorized form of final adoption has been followed, please provide an appropriate
certification.)
Nur I further certify that I have compared the preceding local law with the original on file in this office
and that the same is a correct transcript therefrom and of the whole of such original local law, and was
finally adopted in the manner indicated in paragraph above.
perk of the County legislative body,City.Town or Wisp Clerk or
onion designated by local legislative body
Date:
(Seal)
(Certification tole executed by County Attorney, Corporation Counsel,Town Attorney, Village Attorney
or other authorized Attorney of locality.)
STATE OF NEW YORK
COUNTY OF .__---
I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all
proper proceedings have been had or taken for the enactment of the local law annexed hereto.
Signature
Tate
Date: County
TPI of...... _.._
Town
Village
Page 17
•
ATTACHMENTS
A. Flood Hazard Area Development Permit Application Form.
B. Certificate of Compliance.
•
FOR OFFICIAL USE ONLY
Permit No.
Fee Received Date
of
County, New York
Permit Application for Development
in
Flood Hazard Areas
A. General instructions page 4 (Applicant to read and sign)
B. For assistance in completing or submittal of this application contact:
, Floodplain Administrator,
(Name)
(Address)
, N Y ( ) -
1. Name and Address of Applicant
(First Name) (MI) (Last Name)
Street Address:
' Post Office: State: Zip Code:
Telephone: ( ) -
• 2. Name and Address of Owner (If Different)
(First Name) (MI) (Last Name)
Street Address:
Post Office: State: Zip Code:
Telephone: ( ) -
3. Engineer, Architect, Land Surveyor (If Applicable)
(First Name) (MI) (Last Name)
• Street Address:
Post Office: State: Zip Code:
Telephone: ( ) -
• 1
PROJECT LOCATION
Street Address: Tax Map No.
Name of, distance and direction from nearest intersection or other landmark •
Name of Waterway: •
PROJECT DESCRIPTION (Check all applicable boxes and see Page 4, Item 3)
Structures Structure Type
New Construction Residential (1-4 family)
Addition Residential (More than 4 family)
Alteration Commercial
Relocation Industrial
Demolition Mobile Hare (single lot)
Replacement Mobile Hone (Park)
Bridge or Culvert
Estimated value of improvements if addition or alteration:
Other Development Activities
Fill Excavation Mining Drilling Grading
Watercourse alteration Water System Sewer System
Subdivision (New) Subdivision (Expansion)
Other (Explain) •
CERTIFICATIC?
Application is hereby made for the issuance of a floodplain development
permit. The applicant certifies that the above statements are true and
agrees that the issuance of the permit is based on the accuracy thereof.
False statements.made herein are punishable under law. As a condition to
the issuance of a permit, the applicant accepts full responsibility for all
damage, direct or indirect, of whatever nature, and by wherever suffered,
arising out of the project described herein and agrees to indemnify and
save harmless to the community from suits, actions, damages and costs of
every name and description resulting from the said project. Further, the
applicant agrees that the issuance of,a permit is not to be interpreted as
a guarantee of freedom from risk of future flooding. The applicant
certifies that the premises, structure, development, etc. will not be
utilized or occupied until a Certificate of Compliance has been applied for
and received. It is understood that this application is made in addition
q iced bytthe laws of1theeState or New Yobuilding tne permit f Nlewfieldn re-
Date Signature of Applicant
2
of
Flood Hazard Development Permit
Administrative Action
Completed by Floodplain Administrator
Proposed project located in "A" zone with elevation
"A" zone without elevation
Floodway
Coastal High Hazard Area (V-Zone)
Base flood elevation at site is
Source documents:
PLAN REVIEW
Elevation to which lowest floor is to be elevated ft. (NGVD)
Elevation to which structure is to be floodproofed ft. (NGVD)
Elevation to which compacted fill is to be elevated ft. (NGVD)
ACTION
Permit is approved, proposed development in compliance with applica-
ble floodplain management standards.
Additional information required for review. Specify: (i.e, encroach-
ment analyis)
Permit is conditionally granted, conditions attached.
Permit is denied. Proposed development not in conformance with appli-•
- cable floodplain management standards. Explanation attached. A
variance, subject to Public Notice and Hearing, is required to
continue project.
Signature Date
(Permit Issuing Officer)
This permit is valid for a period of one year from the above date of
approval.
BUILDING CONSTRUCTION DOCUMENTATION
The certified "As Built" elevation of lowest floor (including basement) of
structure is ft. NGVD.
Certification of registered professional engineer, land surveyor or other
recognized agent, documenting these elevations is attached.
CERTIFICATE OF OCCUPANCY/COMPLIANCE
Certificate of Occupancy and/or Compliance Issued:
Date Signature
3
•
of
County, New York
Development in Flood Hazard Areas
Instructions
1. Type or print in ink
2. Submit copies of all papers including detailed construction plans
and specifications.
3. Furnish plans drawn to scale, showing nature, dimension and elevation
of area in question; existing or proposed structures, fill, storage of
materials, drainage facilities and the location of the foregoing.
Specifically the following is required: (A) Nb"VD (Mean Sea Level)
elevation of lowest floor including basement of all structures; (B)
description of alterations to any watercourse; (C) statement of
techniques to be employed to meet requirements to anchor structures,
use flood resistant materials and construction practices; (D) show new
and replacement potable water supply and sewage systems will be
constructed to minimize flood damage hazards; (E) Plans for
subdivision proposal greater than 50 lots or 5 acres (whichever is
least) must provide base flood elevations if they are not available;
(F) Additional information as may be necessary for the floodplain
administrator to evaluate application.
•4. Where a non-residential structure is intended to be made watertight
below the base flood level, a registered professional engineer or
architect must develop and/or review strucutral design, specifications,
and plans for the construction and certify that the design and methods
of construction are in accordance with accepted standards of practice
for meeting the applicable provisions of the local floodplain
management regulations.
• 5. No work on the project shall be started until a permit has been issued
by the floodplain administrator.
6. Applicant is hereby informed that other permits may be required to
fulfill local, state and federal regulatory compliance.
I •
7. Applicant will provide all required elevation certifications and obtain
a certificate of compliance prior to any use or occupancy of any
structure or other development.
Applicant's signature Date
4
CERTIFICATE OF COMPLIANCE
• for
• FIAODPLAIN DEVELOPMENT
THISCERTIFICA1E IS NOT A SUBSTITUTE FOR THE REQUIRED CERTIFICATE OF COMPLIANCE UNDER THE
E CUM.
YORK S1ATE UNIFURM BU1LD1Nu AND eIR
of
County, N.Y.
(Applicant shall fill in all pertinent information in Section A
including 1 or 2
SECTION A
Premises location Permit No.
Variance No.
Date
CHECK ONE
Applicant New Building
Name & Address Existing Building
Other (List)
Telephone No.
1. I certify that I have completed the above project in accordance with
the Community's floodplain management regulations and have net all the
requirements which were conditions of my permit. I now request can-
pletion of this Certificate of Compliance by the program administrator.
Signed
Date •
2. I certify that I have completed the above project in accordance
with conditions of variance number , dated
to the Camninity's floodplain management regulations and have net all
requirements which were a condition of the variance. I now request
completion of this certificate of compliance by the program administrator.
Signed
Date
SECTION B (Local Administrator will complete, file, and return a copy
to the applicant.)
Final Inspection Date by
This certifies that the above described floodplain development
complies with requirements of Flood Damage Prevention Local Law No.
, or has a duly granted variance.
Signed
(Local Administrator)
Date
Supporting Certifications: Floodproofing, elevation, hydraulic
analysis, etc; (List).
/7
LOCAL LAW NO. Ya
FOR THE YEAR 1988
BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF NEWFIELD
AS FOLLOWS:
SECTION 1 .0
Title, Statutory Authorization and Purposes
1.1 TITLE
This local law shall be known as Amendments to Flood Damage
Prevention Local Law.
1.2 STATUTORY AUTHORIZATION
The People of the State of New York have in The New York
State Constitution, Article IX, Section 2, delegated the respon-
sibility to local governmental units to adopt regulations designed
to promote the public health, safety, and general welfare of its
citizenry. Therefore, be it enacted by the Town Board of the Town
of Newfield, New York, as follows:
1 . 3 STATEMENT OF PURPOSE
It is the purpose of this local law to amend a portion of Local
Law No 3 for 1985 to comply with Federal Regulations pertaining
thereto and to promote the public health, safety, and general wel-
fare, and to minimize public and private losses due to flood
conditions in specific areas by provisions designed:
SECTION 2 . 0
Paragraph 3. 2 of Local Law No. 3 for the year 1985 shall
henceforth read:
3. 2 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD
The areas of special flood hazard identified by the Federal
Insurance Administration on its Flobd Hazard Boundary Map (FHBM)
or Flood Insurance Rate Map (FIRM) No. 360853B dated October 15,
1985 and any revisions thereto, are adopted by reference and
declared to be a part of this local law. The FHBM or FIRM is on
file at Office of Newfield Town Clerk.
SECTION 4 . 0
EFFECTIVE DATE
4 .1 EFFECTIVE DATE
This law shall take effect upon its filing with the Secretary of
State in accordance with Section 27 of the Municipal Home Rule Law./
(41, —7 -cot - -A-1 °-1--4/: /