HomeMy WebLinkAbout1987-Local Law#1_Flood Damage Prevention.pdfTOWN OF ULYSSES
Local Law Number 1, of the year 1987
A local law for FLOOD DAMAGE PREVENTION
Be it enacted by the Town of Ulysses Town Board, Tompkins
County, New York as follows:
1.1 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;
(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.
1-2 METHODS OF REDUCING FLOOD LOSSES
In order to accomplish its purposes, this Local Law includes
methods and provisions for:
(1) Restricting or prohibiting 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) Requiring that uses vulnerable to floods, including
facilities which serve such uses, be protected against
flood damage at the time of initial construction;
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(3) Controlling the alteration of natural flood plains,
stream channels, and natural protective barriers, which
help accommodate or channel flood waters;
(4) Controlling filling, grading, dredging, and other
development which may increase flood damage; and,
(5) Preventing or regulating the construction of flood
barriers which will unnaturally divert flood waters or
which may increase flood hazards in other areas.
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 Ulysses Town
Zoning Officer's interpretation of any provision of this
law or a request for a variance.
"Area of shallow flooding" - (Optional if applicable) means a
designated AO Zone on the Flood Insurance Rate Map (FIRM). The
base flood depths range from one to three feet, a clearly defined
channel does not exist, the path of flooding is unpredictable and
indeterminate; and, velocity flow may be evident.
"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
equaled 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, grading, paving, excavation
or drilling operations within the area of special flood hazard.
"Existing mobile home park or mobile home subdivision" means a
parcel (or contiguous parcels) of land divided into two or more
mobile home lots for rent or sale for which the construction of
facilities for servicing the lot on which the mobile home is to be
affixed (including, at a minimum, the installation of utilities,
either final site grading or the pouring of concrete pads, and the
construction of streets) is completed before the effective date of
this Local Law.
"Expansion to an existing mobile home park or mobile home
subdivision" means the preparation of additional sites by the
construction of facilities for servicing the lots on which the
mobile homes are to be affixed (including the installation of
utilities, either final site grading or pouring of concrete or the
construction of streets).
"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 and/or
(2) The unusual and rapid accumulation of runoff of surface
waters from any Source.
"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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"Flood Insurance Study" means the official report provided in which
the Federal Insurance Administration has provided flood profiles,
as well as the Flood Insurance Rate Map and the water surface
elevation of the base flood.
"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.
"New construction" means structures for which the "start of
construction" commenced on or after the effective date of this
Local Law.
"New mobile home park or mobile home subdivision" means a parcel
(or contiguous parcels) of land divided into two or more mobile
home lots for rent or sale for which the construction of facilities
for servicing the lot (including, at a minimum, the installation of
utilities, either final site grading or the pouring of concrete
pads and the construction of streets) is completed on or after the
effective date of this Local Law.
"Start of construction" means the first placement of permanent
construction of a structure (other than a mobile home) on a site,
such as the pouring of slabs or footings or any work beyond the
stage of excavation. 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 a structure (other than a mobile home)
without a basement or poured footings, the "start of construction"
includes the first permanent framing or assembly of the structure
or any part thereof on its piling or foundation. For mobile homes
not within a mobile home park or mobile home subdivision, "start of
construction" means the affixing of the mobile home to its
permanent site. For mobile homes within mobile home parks or
mobile home subdivisions, "start of construction" is the date on
which the construction of facilities for servicing the site on
which the mobile home is to be affixed (including, at a minimum,
the construction of streets, either final site grading or the
pouring of concrete pads, and installation of utilities) is
completed.
"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:
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(1) any project for improvement of a structure to comply with
existing State or local health, sanitary, or safety code
specification which are solely necessary to assure safe
living conditions, 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 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
Ulysses
3.2 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD
The areas of special flood hazard identified by the Federal
Insurance Administration in a scientific and engineering report
entitled "The Flood Insurance Study for the Town of Ulysses
of Tompkins County, New York", dated February 1 9, 1987
,with accompanying Flood Insurance Rate Maps and any revision thereto is
hereby adopted by reference and declared to be a part of this Local Law.
The Flood Insurance Study is on file in the office of the Ulysses Town
clerk.
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 standard , 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. Violation 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 conviction thereof, be
fined not more than $ 350.00 or imprisoned for not more than
fifty 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 zoning officer from taking such
other lawful action as necessary to prevent or remedy a violation
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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 Ulysses
any officer or employee thereof or the Federal Insurance
Administration, for any flood damages that result from reliance on
this local law or any administrative decision lawfully made
thereunder.
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 Ulysses Town Zoning O fficer
and may include, but not be limited to; plans in duplicate drawn to
scale 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 DESIGNATION , OF THE ULYSSES TOWN ZONING OFFICER
The Ulysses Town Zoning 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' ULYSSES TOWN ZONING OFFICER
Duties of the Ulysses Town Zoning 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 for compliance with the
provisions of Section 5.1-5, Encroachments.
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 Ulysses Zoning Officer obtain, review,
and reasonably utilize any base flood elevation data available from a
Federal, State or other source, in order to administer Sections 5.2-1,
SPECIFIC STANDARDS, Residential Construction, and 5.2-2, SPECIFIC
STANDARDS, Nonresidential Construction.
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 structures, and whether
or not the structure contains a basement or cellar).
(2) For all new or substantially improved floodproofed
structures:
(i) verify and record the actual elevation (in
relation to mean sea level); and
(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
Department 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 FIRM BOUNDARIES
Make interpretations where needed, as to the exact location of
the boundaries of the areas of special flood hazards (for example,
where there appears to be a conflict between a mapped boundary and
actual field conditions). The person contesting the location of the
boundary shall be given a reasonable opportunity to appeal the
interpretation as provided in Section 4.4.
4.4 VARIANCE PROCEDURE
4.4-1 APPEAL BOARD
Appeals (hereafter "ZBA")
(1) . The Zoning Board of /as established by the Town of Ulysses
shall hear and decide appeals and requests for variances
from the requirements of this local law.
(2) The ZBA shall hear and decide appeals when
it is alleged there is an error in any requirements,
decision, or determination made by the Zoning Officer
in the enforcement or administration of this local law.
(3) Those aggrieved by the decision of the ZBA
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 ZBA shall consider
all technical evaluations, all relevant factors, standards
specified in other section of this local law and:
(i) the danger that materials may he 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
contents to flood damage and the effect of such
damage on the individual owner;
(iv) the importance of the services provided by the
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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 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 4.4-1(4) and
the purposes of this local law, the ZBA
may attach such conditions to the granting of variances as
it deems necessary to further the purposes of this local
law.
(6) The Ulysses Town Zoning Officer shall maintain the
records of all appeal actions including technical
information and report any variances to the Federal
Insurance Administration upon request.
4.4-2 CONDITION 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 items (i -xi) in Section 4.4-1(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,
rehabilitation 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 floodway
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:
(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
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 as identified in
Section 4.4-1(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 flood elevation below the base flood
elevation and that the cost of flood insurance will be
commensurate with the increased risk resulting from the
reduced lowest floor elevation.
Section 5.0
Provisions of 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 shall be anchored to resist flotation,
collapse, or lateral movement by providing over -the -top and
frame ties to ground anchors.
Special requirements shall be that:
(i) over -the -top ties be provided at each of the four
corners of the mobile home, with two additional
ties per side at intermediate locations, with
mobile homes less than 50 feet long requiring one
additional tie per side;
(ii) frame ties be provided at each corner of the home
with five additional ties per side at intermediate
points, with mobile homes less than 50 feet long
requiring four additional ties per side;
(iii) all components of the anchoring system be capable
carrying a force of 4, 800 pounds; and,
(iv) any additions to the mobile home be similarly
anchored.
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
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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 into the systems and discharge from the systems into
flood waters; and
(3) On-site waste disposal systems shall be located to avoid
impairment to them or contamination from the 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; and,
(4) Base flood elevation data shall be provided for subdivision
proposals and other proposed development which contain at
least 50 lots or 3 acres (whichever is less).
5.1-5 ENCROACHMENTS
In all areas of special flood hazard in which base flood
elevation data has been provided, the cumulative effect 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 1 foot at any point.
5.2 SPECIFIC STANDARDS
In all areas of special flood hazards where base flood elevations
data have been provided as set forth in Section 3.2, BASIS FOR
ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD or in Section 4.3-2,
Use of Other Base Flood Data, the following standards are required:
5.2-J RESIDENTIAL CONSTRUCTION
New construction and substantial improvement of any residential
structure shall have the lowest floor, including basement or cellar,
elevated to or above base flood elevation.
5.2-2 NONRESIDENTIAL CONSTRUCTION
New construction and substantial improvement of any commercial,
industrial or other nonresidential structure shall either have the
lowest floor, including basement or cellar, elevated to the level of
the base flood elevation; or, together with attendant utility and
sanitary facilities, 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 buoyancy; and
(3) be certified by a registered professional engineer or
architect that the standards of this subsection are
satisfied. Such certifications shall be provided to the
official as set forth in Section 4.2.
5.2-3 MOBILE HOMES
(1) Mobile homes shall be anchored in accordance with Section
5.1-1(2).
(2) For new mobile home parks and mobile home subdivisions; for
expansions to existing mobile home parks and mobile home
subdivisions; for existing mobile home parks and mobile home
subdivisions where the repair, reconstruction or improvement
of the streets, utilities and pads equals or exceeds 50
percent of value of the streets, utilities and pads before
the repair, reconstruction or improvement has commenced; and
for mobile homes not placed in a mobile home park or mobile
home subdivision, require that:
(i) stands or lots are elevated on compacted fill or
on pilings so that the lowest flood of the mobile
home will be at or above the base flood level;
(ii) adequate surface drainage and access for a hauler
are provided; and,
(iii) in the instance of elevation on pilings, that:
lots are large enough to permit steps,
piling foundations are placed in stable soil
no more than ten feet apart, and
reinforcement is provided for pilings more than
six feet above the ground level.
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