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HomeMy WebLinkAbout1987 LL 09 - Flood Damage Prevention (Please 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. Ithaca Townof..»».....».........»................................................................................................... Local Law No...................9 7 ...................................of the year 19............ FOR FLOOD DAY-AGE PREVENTION Alural law....1�................................................................................. .............»».............................»...............».......,»........... (l .n Wo) as authorized by the New York State Constitution, Article IX, Section 2, and Environmental Conservation Law, Article 36 Beit enacted by the ...................Town..............Board.............................................»....»....»....»..................................of the (Mme of 1ASIMIalve DOM .........I...... . . . .........................................Ia.c.a.th ..................... . .. .. ............ .... ....................... as follows: Town ..... ............. am Section 1. Article XV of the Zoning Ordinance of the Town of Ithaca, .which Article was added to such ordinance by Local Law #5 of the year 1985 be and the same is hereby amended to read as set forth below; J" tf additions! s see is needed lease attach>heets of the same size as this and number each) Page I SECTION 1.0 STATUTORY AUTHORIZATION AND PURPOSE 1.1 FINDIM5S The ToWA Board of the Town of Ithaca finds that the poten- tial at,,ijor actual damages from flooding and erosion may be , a problem to the residents of the Town of Ithaca 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 los;= 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 minimi:ac� 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; r (2) rewire 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 flood plains, stream c ��nnels, and natural protective barriers which are involved in the accommodation of flood waters; (4) control filling, grading, dredging and other development which may increase erosion or flood damages; (5) regulate the construction of flood barriers which will. unnaturally divert flood waters or which may increase flood hazards to other lands, and; (6) qualify and maintain eligibility for participation in the Rational 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 .inimize the need for rescue and relief efforts assvq-Rated with flooding and generally undertaken at the expense of the general public; (4) to minimize prolonged bus 4iess interruptions; (5) to minimize damage to public facilities and utilities such as water and gas mains, electric, telep4one, sewer lines, streets and bridges located in areas of special, flood hazard; Page la in Y (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 mean ing they have in common usage and to give this local law its iw,-;t rea.so-cable application. fAppe = means a request for a review of the Building Inspectorl's interpretation of any provision of this Local Law or a request for a variance. "Area of, shazloW 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 iof! special flood hazard," is the land "in the floodplain within a community subject to a one percent or greater change of flooding- 17,1 any given year. This area may be designated as Zone A, AE, AFI, AO, Al-99, V, VO, VE, or x71-30. It is also commonly referred to as the base floodplain or 100-year floodplain. "Base fl+ g means the flood having a one percent chance of being equalled or e ceed in any given year. I'Basement, means that portion of a building having its floor subgrade (below ground level) on all sides. "Building-v means any structure built for support, shelter, or enclosure for occupancy or storage. vgeJ2=r - has the same meaning as. "Basement,7 �LTeyeltamze= means any man-made change to improved or unimproved real estate, incl-,zl- g but net 34mited to buildings or other structures, mini", dredging, filling, paving, excavation or drilling operatio:, s located within the area of special flood hazard. evate. hmild naO neans 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. "Existing 'manufactured home park or manufactured home subAivi- s�'onO means a parcel: (or contiguous parcels) of land divid-d into tvo or more manufactured home for re-Ot or sale for w1h;nh the c , ,�truction of facilities foi, .ervicix the lot on wh'. .a the ma ,,aufacttured home is to be affi ,,d (including, at a the it _­'.•,)'Pion of utilities, eitger final site grading or the poi,* ng of concrete pads, and the construction of streets) is completed before the effective date of Local Law #5 - 1985. " oodf gr "F';,,:qdi_ng" means a general and temporary condition of partial or core„;J,ete inundation of normally dry land areas from: (1) the overflow of inland or tidal waters; Page lb (2) the unusual and rapid accumulation or runoff of surface waters from any source. OFloac Boundary and Floodway Map (FBFM)" means an official map of the community published by the Federal Emergency Management Agency as part of a river in Community's Flood Insurance Study. The FBFM delineates a Regulator; Floodway along water courses studied in detail in the Floud Insurance Study. "Flood Hazard B03jnclary Map (FHBMI" 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 is provided. Mood 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. Orlood 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, as eleva- tions of the base flood. VF1oodDKo__o ina" 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. "Elgodwav" - has the same meaning as 'Regulatory Floodway". fyunctionall d�^,peilent 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, shipbuild- ing, and ship repair. The term does not include long-term storage, manufacture, sales, or service facilities. Lowest Floor" means lowest level including basement, cellar, crawlspace or garage of the lowest enclosed area. Manufactured hrane„' 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. "';(ean Se-` eves 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. Jffgw Construction” means structures for which the "start of construction" commenced on or after the effective date of this Local Law. XPrincioa4lly Above Ground" means that at least 51 percent of the actual cash value of the structure, excluding land value, is above ground. Hp,gn .atory F oodX4.5ff 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 detenained 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. Page lc xtartof Construction" includes substantial improvement and means the first placement of permanent construction of a struct- ure (other than a manufactured home) on a site, such as the pouring of slabs or footings, the installation of piles, the construction of columns or any work beyond the stage of excava- tion. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets -and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not as part of the main structure. For manufactured homes, "start of construction" is the date- on which the construction of facilities for servicing the site on which the manufactured home is to be affixed (includ- ing, at a minimum, the coim-truction of streets, either final site grading or the pouring of,' concrete pads, and installation of utilities) is commenced but in any event, no later. than the placement of a manufactured home on a foundation. 11St_ru9t9gr_e_.! means a walled and roofed building, a. manufactured home, or a gas or liquid storage tank, that is principally above ground. I!,gUbstantial means any repair, reconstruction, or improvement of a struc� 1-re, the cost of which equals or exceeds 50 percent of the market value of the structure either: (Ij 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, coiling, floor or other structural part of the building com- mences, whether or not that alteration affects the exteCnal dimensions of the structure. The term does. not, however, include either: (1) any 'project for improvement of a structure to comply with exist,..Mg state or local building, fire, hea3th, sanitary, or safety code specifications which are solely necessary to assure safe living conditions; or (2) any alteration of a-structure or contributing structure 1-isted on the National Register of Historic Places or a State Inventory of Historic Places. vy4rianca! means a grant of relief from the requirements of this local law which permits construction or use in a manner that would otherwise be prohibited by this Local Law. SECTION 3.0 GENERAL PROVISIONS 3.1 LANDS TO WHICH THIS LOCAL LAW APPLIES This local law shall apply to all areas of special flood hazards within the jurisdiction of the Town of Ithaca. 3.2 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD The areas of special flood hazard identified by the Emergency Management Agency in a scientific and engineering report entitled "The Flood insurance Study for the Towvi of Ithaca, of Tompkins County, New York", dated June, 1984, with accompanying Flood Insurance Rate Mapes and Flood Boundary, Floodway Maps is hereby adopted and declared to be Page ld A,, a part of this Local Law. The Flood Insurance Study and maps are on file at the office of the Town Clerk. 3.3 I.NT•ERP7RETATION, 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 thi"s. 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 .invaslidity of any section or provision o£ this Local Law shall not invalidate any other section or provision thereof. 3.5 PENALTIES FOR NON-COMPLIANCE No development shall occur anv 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, including receipt of the development permit set forth below together with any building permits required pursuant to any building, zoning or other rule, law, or reSlulation governing construction. Any violation of the provisions of this Local Law by failure to comply with any of ills requirements, including violations of conditions and safeguards established in connection with conditions of the permit, shall constitute a misdemeaa~car. Any person who violates this Local Law or fails to ca'strply with any of its requirements shall, upon conviction thereof be fined not more than $500 or imprisoned for not more than 30 days or both, for each violation, and in addition, shall pay all costs and expenses involved in the- case. Each day of noncompliance shall 'be considered a separate offense. Nothing herein contained shall prevent the Building Inspec- tor from taking such other lawful action as necessary to prevent or remedy a violation. Any structure found not complying with the requirements of this Local Law for which the owns>r has not applied for and received an approved variance under Section 6.0 will be declared noncomplying 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 I man-made or natural causes. This local law defies not iriply that land outside the area of special flood hazards or uses permitted within such areas will be free from flooding or ^'e-ood damages. This local law shall not create liability or:,, the part � af the Town of Ithaca, any officer or employee, thereof, o� the Federal Emergency Management Agency, dor any flood damages thvfi: result from reliance on this local law or any administrative decision lawfully made thereunder. Page le e SECTION 4.0 ADMINISTRATION 4.1 REQUIREMENT FOR DEVELOPMENT PERMIT (1) A Development . Permit shall be obtained before any development or start of construction, whichever occurs earlier, within any area of special flood haz :L•d established in, section 3.2. (2) The Building Inspector is hereby appointed Local Administrator to administer and implement this local law by granting or denying Development Permit applicat- ions in accordance with its provisions. (3) The Building Inspector may include such conditions to the grant of any Development Permit as the Building Inspector may reasonably require to carry out tae purpose of this law, and, further, in consideration of the technical evaluations, all relevant factors and standards specified in other sections of this lacy including, but not limited to, those set forth in Section 6.1(4) , below. 4.2-1 DEVELOPMENT PERMIT APPLICATION (1) The application for the Development Permit must, be made by the Owner of the property, or by a person duly authorized by the Owner ("hereinafter collectively referred to as the «Owx+erl , on forms prepared by the Building Inspector. (2) The following information is required where applicable: (a) plans, in duplicate, drawn to scale showing the nature, location, dimension, and elevations of the area in question, existing and/or proposed structure�sa, fill, storage of materials and drainagl facilities, (b) elevation ih relation to mean sea level of the proposed lowest floor (includin5. basement or cellar) of all structures; (c) elevation in relation to mean sea leve]. to which any non-residential . structure will be flood-proofed; (d) 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) ; (e) certificate from-a licensed profe­ '.onal engineer or architect that tY . non- residential flood-proofed structu will. meet the flood-proofing criteria in Section 5.2; and (f) description of the extent to which any watercourse or regulated floodway will Page 1f be altered or relocated as a result of proposed. development. (g) such other • information as the Building Inspector may reasonably require. (3) Any permit issued may require that the work for which the permit is granted shall be begun on a date which shall, be no more than three months after its issue. The estimated. date of completion of the work shall appear on the. permit. The Building Inspector may grant extensions of time as the Building Inspector may reasonably determine, taking into account the factors and standards set forth elsewhere in this law and the Building Inspector may require additional conditions taking into account such factors and standards and any changes in the physical facts, or in any applicable law, code or regulations, and the extent of the progress. of such work at the time of application. Such application for .extension shall be made on forms prepared by the Building Inspector. 4.2-2 DUTIES OF OWNER (1) Upon placement of the lowest floor, or- flood-proofing by whatever means, it shall be the duty of the Owner to submit to the Building Inspector a certificate of the elevation of the lowest floor, or flood-proofed elevation, in relation ta,) mean sea level. The elevation certificate shall be prepared by or under the direct supervision of a licensed land sig ro:v eyor or .professional engineer and certif- ied 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. The Building Inspector shall review all data submitted. . Deficiencies detected shall be cause to issue a stop-work order for the project unless immediately corrected. (2) It shall be the responsibility of the Owner to insure that all work and construction has been dame in compliance with the require- raents of this law. The Owner shall sign and acknowledge a certificate that the work has been performed and completed in accordance with all provisions of, this law and thee conditio,as of a permit. The Buildinq Inspector may also require that such a certificate be signed by a competent person who has supervised or examined the work. 4.3 DUTIES AND RESPONSIBILITIES OF THE BUILDING INSPECTOR . Duties of the Buidling Inspector shall include, but not be limited to; 4.3-1 PERMIT APPLICATION �,, stTIEW (1) Review all Developiaent Permit applications to determine that the requirements of this local law have been satisfied. Page Ig, 9T (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 Permits for compliance with the provisions of Section 5.1-5, Encroachments. 4.3-2 USE OF OTHER BASE FLOOD AND FLOODWAY 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 Building Inspector shall obtain., rev!ew 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 Section 5.3 FLOODWAYS. 4.3-3 INFORMATION TO BE OBTA°.1,14ED 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 structures, and wkiether or not the structure contains a basement or cellar. (2) For all new or substantially improved floodproofed structuress (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 certifica- tions 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 AT- .TICN OF WATERCOURSES * (1) Notify adjacent communities and the New York State Department of Environmental Conserva- tion prior to any alteration or relocation of a watercourse, and submit. evidence of sucb. notification to the Federal Insuranc:.= Administrator. (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 INT-4PRETATION OF FIRM BOUNDARIES The Building Inspector shall have the authority_to mal°c . interpretations when there appears to be a conflict between the limits of the federally identified area of special flood hazard and actual.. field conditi=,,. Base flood elevation data established pursuant to Section 3.2 and/or Section 4.3-2, when available, )':age lh 09 r R b shall be used to accurately delineate the area of special flood hazards. The Building Inspector 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 floodplain development or construction found ongoing without an approved Development Permit, or any other required permits, shall be subject to the issuance of a stop work order by the Building Inspector. Disregar6 of a stop work order shall be subject to tue penalties described in Section 3.5 of this Local Law. (2) All floodplain development found to be not complying, with the provisions of this lawn and/or the conditions of the approved permit shall be subject to the issuance of a stop work. F,;�.rder by the Building Inspector, 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 Building Inspector or, if required by the Building' Inspector, the Owner's engineer or architect shall make periodic inspections at apprf.%j,rl,,?Atm:e times throughout the period of construction in order to monitor compliance with per,tc+.it conditions and enable the person who is conducting the inspection to certify that the development is in compliance with the requirements of either the •Development Permit or the approved variance. 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, con- verted or wholly or partly altered or enlarged in its use or structure until a Certificate of Compliance has been issued by the Building inspector stating that the building or land conforms to the requirements of this Local Law. . (2) All other development occurring within the rl,,nsignated flood hazard area will have upon cr.,mpletion a Cer,;tificate of compliance issued by the Building Inspector. All certifications shall Le based upon the inspections conducted subject to Section 4.3 'j, the certification of profes- sionally qualified representative._: made pursuant to Section 4.3- 7 and/or any certified elevat,_i,ons, hydraulic information., floodproofing, anchoring requirewents or encroachment analysis which may have been required as a condition of the approved. w,�ernuit. Page li Z19 V -SECTION 5.0 PROVISIONS FOR FLOOD HAZARD REDUCTION 5.1 GENERAL STANDARDS In all areas of special flood hazards the following stand- ards are required: 5.1-1 ANCHORI143' (1) All new construction and substantial improve-- meets shall be anchored to prevent flotation, collapse, or lateral movement of the struc- ture resulting from hydrodynamic and hydro- static loads, including the effects of buoyancy. (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. All manufac- tured homes to be p7 .,:. or substantially improved shall 'ie e1 on a permanent foundation such that tiu, rVest floor of the xmanufactured home is at e,ar above the base flood elevation and be securely anchored to an adequately anchored foundation system in accordance with the following requirements: (1) Ov :r-the-top .ties shall be provided at each of the four corners of the manufac- tured) home, with two additional ties per side at intermediate locations, with manufactured homes less than 50 feet long requiring one additional tie per side. (ii) Frame ties shall be provided at each corner of the home with five additional ties per side at intermediate paints, with manufactured homes less than 50 feet lone„ requiring four additional ties per side. (iii) All components of the anchoring system shall be capable of carrying a force of 4,800 pounds; and Civ', Any additions to the manufactured home shall be similarly anchored. 5.1-2 CONSTRUCTION MATERIALS AND METHODS (1) All new construction and substantial improve- . meets shall be constructed with materials and utility equipment resistant to flood damage, (2) All new construction and substantial improve- ments shall be constructed using methods and practices that minimize flood damage. 5.1-3 UTILITIES (1) All new construction and substantial improve- ment s1nall be constructed with electrical, heating, v�m^ntilation, plumbing, air condi.- tioning equipment, and other service facili- ties that are designed and/or located so as Page lj 9 to prevent water from entering or accumulat- ing within the components during conditions of flooding. When designed for location. below the base . flood elevation, a profes- sional engineer's or architect's certifica- tion is required that such utilities meet this specification. (2) All new and replacement water supply systems shall be designxad 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 infiltration of flood waters into the systems and discharge from the systems into flood r waters; and (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, including proposed manufactured home parks or subdivisions, shall be consistent with the need to minimize flood damage; (2) All subdivision proposals, including proposed manufactured home parks or subdivisions., 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, including proposed manufactured home parks or subdivisions, shall have adequate drainage provided to reduce exposure to flood damage; and, (4). Base flood elevation data shall be provided for subdivision proposals and other proposed developments (including proposals for manufa6tured home parks and subdivision:) greater than either 50 lots or 5 acres. 5.1-5 ENCROACHMENTS (1) In all areas of special flood hazard in h base flood elevation data is avai''; .e pursuant to Section 4.3•-2 or Section and no floodway has been determined eumul,i,,tive. effects of any proposed develo y- ment, 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'. (2) In all areas of the special flood hazard where floodway data is provided or available pursuant to Section 4.3-2 the requirem.;:,its of Section 5.3, Floodways, shall apply. 5.2 SPECIFIC STANDARDS In all areas of special flood hazards where base flood elr�vation data has been provided as set forth in Section 3.2 FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARDS Page lk 8 ' 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 improvement 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 commercial, industrial or other non-residen- tial structure, togetter with attendant utility and .sanitary facilities, shall either: have the lowest floor, including basement or cellar, elevated to or abo, e the base flood elevation; be floodproofed so that the structure is wad,�w°-- tight below the base flood level with ' wsA �,. substantially impermeable to the passage of water:. All structural. components located below the bass: flood level must be capable of resisting hydro- staticc and hydrodynamic loads and the effects of buoyancy. 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, andshall 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 strucl, ural components having the capability of resisting hydra- static ar-,i hydrodynamic loads and effects of buoyancy; and (ii) a licensed professional engineer or licensed land surveyor .mhall certify the specific elevation (in r4',ation to mean sea level) to which the structure is floodproofed. The Building Inspector shall maintain on record a copy of all such certificates noted in this section. 5.3 FLOODWAYS 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 m„ from potential erosion forces. When floodway data is 'i available for a particular site as provided by Section 3.2 and Section 4.3-2, all encroachments including fill, new. construction, substantial improvements, and other develop- ment 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 file base flood discharge. and no manufactured hamo shall be placed within the limits of the floodway except in an existing manufactured home park or existing manufactured home subdivision. Page 11 9 SECTION 6.0 VARIANCE PROCEDURE 6.1 APPEALS BOARD (1) 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 local law. (2.) The Zoning Board of Appeals shall hear and P 1 appeals when it is alleged there is an error in y requirement, decision, or determination made by e Building Inspector in the enforcement or administration of this local law. (3) Those aggrieved by the decision of the Zoning Board of Appeals, or any taxpayer owning property in the Town of Itiiaca who may have a significant interest in the decision and proceedings on which it was based, may appeal such, ion to the Supreme Court pursuant to Article 78 of Civil Practice Law and Rules. (4) Ire passing vp such applications, the Zoning Bo;, -d of Appy"° ls shall consider all technical evaluations, all relevant factors, 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; 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 ' 11ke dangers associated with conflu,. zing search a. l rescue operations during pc..n,-iods of floodin (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 Page lm (xii) the costs of providing governmental services during and after flood conditions, including search and rescue operations, maintenance and repair of public utilities and facilities such as sewer,. gas, electrical, and water systems and streets and bridges. (5) Upon consideration of the factors of Section 6.1(4) and the purposes of this local law, the Zoning Board of. Appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this local law. 6 The Zoning Board of ( ) =J Appeals shall maintain the records of all appeal actions including technical infonc7ation and report any variances to the Federal Emergency Management Agency upon request. 6.2 CONAITTONS FOR VARIANCES (1) Generally, variances may be issued for new constructi,,,,p,s and substantial improvements to be erected on a lot one-half acre or less in size contiguous to ai, surrounded by lots with existing structures constructed be',,aw the base flood level,. providing items (i-xii) in SK: °ion 6.1(4) have been fully considered. As the lot s;b.;ru,r increases beyond the one-half acre, the technical Jrr.,: t,ification required for issuing the variancf,. increases. (2) variances may be issued for the reconstruction, rehabilitation 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 the remainder of this section. (3) variances may be issued 'for new construction and substantial improvements and for other developmeent necessary for the conduct of a functionally depend oral. 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 me k; ds that minimize flood damages during the bas flood and create no additional threat to public. safety: (4) variances shall not be issued within any designated: flooda;ay if any increase in floodlevels during t'ne base flood discharge would result. (5) variances shall only be issued upon a determination that the variance is the minimum necessary, con.side rls�,+: the flood hazard, to afford relief. (6) variances shall be issued only upon: (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, Page In L •.: . tiµ .. :.,.,a a,,.. . ,. ,.. extraordinary public expense, create nui- sances, cause fraud on or. victimization of the public or ccnflic% With existing local laws or ordinances. (7) ?',ny applicant to whom 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 resulting from lowest floor elevation. This Local Law shall take effect -20 days after adoption or upon its filing with the office of the Secretary o State of the State of New York, whichever is later. rn U l Page to i (Complete the certificatio% in the paragraph which applies to the filing of this local law and strike out the matter therein which is not applicable.) 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto,designated as local law No. ..... .......of 1952... of the 711of...........lt.h.a,ca..........was duly passed by the.......Town Board Town ... ....­(No. of_L.g i-.I.oil.ve..B.dy.)............................ me M MW On................Mky..U.,.,,.,.,,,,,,19 E. 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.) I hereby certify that the local law annexed hereto,designatedas local law No.....................of 19........ County ofthe City of...................................was duly passed by the........................................................................ Town (Name of LegWati—Body) Village not disapproved on..................................................19........ and was approved by the ...- cive Chief';—*"''­ E**­iu'e'*c'**te0 `Iv**'''*1 c *f feet and after disapproval U. and was deemed duly adopted on.....___.........................................19_..... . in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto,designatedas local law No.................- of 19.......... County ofthe City of......................................was duly passed by the.................. .........—........................... Towna of Iv.Body) Village not disapproved on .........................................19........ and was approved by the................... .................... repassed after disapproval Elective Chief Txecutivo Officer* on .................11..................................19........ Such local law was submitted to the people by reason of a mandatory referendum,and received the affirmative vote of a majority of the qualified electors voting permissive general thereon at the special election held or............................................... 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 ofthe cityT,)W n Of.....................................was duly passed by the....I...............-N-am.e.o.f.Le..I.sja.t.iv-e.Bed.y)......................on Village not disapproved ved by the....................................................... n ....................................-1........ .... and was appro 0 repassed after disapvnval Elective Chief Executive officer It ... .................19......... Such local law b6, abject to a permissive referendum and no vl*iid 'p'e*titio'n'* ** ..requesting such referendum having been filed, -_id local law was deemed duly adopted on ...................................... 19........,it: accordance with the applicable provisions of law. riElective Cbkf Executive Officer means or includes the chief executive officer of a county elected on a county-wide basis. or,if tint `s. , a city village r he supervisor a own, none,the Aiian of the county legislative body,the mays�� A ci or o t rof t when such officer is vcsk th power to approve or veto local laws oror&Awlces- Page 2 RT t S. (Cite local law concerning Charter revision proposed by petition.) 1 herebycertif}'that thelocal lawannexed hereto,designated as local law No.....................of 19........ of the City of....................................................:.....................having been submitted to referendum pursuant to the provisions of§3876 of the Nunicipal Home Rule Law,and heaving received the affirmative vote of a majority pecial of the qualified electors of such cit} voting thereon at the general election held on.................................. ................19............became operative. „m 1County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto,designated as Local Law Na,,....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 Iaw,and having received the affirmative vote of a majority of the qualified electors of the ° cities of said county sas 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.) gW 1 fun certify that 1 have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom + zl of the whole of such original local law, and was finally adopted in the manner indicated in paragraph .1................ above. C e %VWM, Town 'l1ri6d Cte;k Date: May 14, 1987 r (Certification,to be executed by County , t,torn'; Corporation Counsel,Town Attorney, Village Attorney or other authorized Attorney of locality.) STATE OF NEN YORK COUNTY OF...:....Tompkins..................... 1, the undersigned, hereby cert' that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactme of the local law annexed hereto. fi `.. signature John C. Bart y Town Attorney .........< ..� , Tina Date: c.OPQ Ithaca of............ . . ...................................... Town ............ Page 3