HomeMy WebLinkAbout1987-Local Law#2_Flood Damage Prevention.pdf6 0 . 3 (b) & (c)
(FOLLOWING COMPLIES WITH NATIONAL FLOOD INSURANCE PROGRAM FLOOD
PLAIN MANAGEMENT CRITEP.IA 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 Ulysses finds
that the potential and/or actual
Damages from flooding and erosion may be a problem to the residents of
the Town of Ulysses and that such damages
may include: destruction or loss of private and public housing, damage to public
facilities, both p u b l i c a l l y 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, s t ream channels, and
natural protective barriers which are involved in the accommodation of flood
waters;
(4) control filling, grading, dredging and other development
which may increase erosion or flood 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 p u 1 i c m:mey 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 p ub 1 i c facilities and utilities such as
water and gas mains, electric, telephone, sewer lines,
streets and bridges located in areas of special flood hazard;
(6) to help maintain a stable tax base by providing for the
sound use and development of areas of special flood
hazard so as to minimize future flood blight areas;
(7) to provide that developers are notified that property is in
an area of special flood hazard; and,
(8) to ensure that those who occupy the areas of special flood
hazard assume responsibility for their actions.
SECTION 2.0
DEFINITIONS
Unless specifically defined below, words or p h r a s e s used in this
local law shall be interpreted so as to give then 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 Local Administrator's
interpretation of any provision of this L o c a 1 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 (FIR -I) 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
community subject to a one percent or greater chance of flooding in
any given year. This area may be designated as Zone A, AE, AH, A0,
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" in eans that portion of a building having its floor
subgrade (below ground level) on all sides.
"Breakaway wall" in eans 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 wilding 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" moans 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 b u i Wings 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 wilding wilt to have the
lowest floor elevated above the ground level by m eans 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
60,3(b) &, !cl
(2) the unusual and rapid accumulation or runoff of surface
waters from 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 river line 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 (FIIZMr 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 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 o r passengers, shipbuilding, and
ship repair. The term does not include long-term storage,
manufacture, sales, or service facilities.
"Highest adiacent 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 c on sidered a
building's lowest floor; provided,. that such enclosure is not built
so as to render the structure in violation of the applicable non -
elevation design requirements of this Local Law.
"Manufactured Home" means a structure, transportable in one or
more sections, which is b u ilt 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 Home" - has the same meaning as "Manufactured home".
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 areas 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 rounds 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" Dans a walled and roofed building, a manufactured home,
or a gas or liquid storage tank, that is principally above ground.
"Substantial improvement" ffe ans 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" nuns a grant of relief from the requirements of this local
law which permits construction or use in a manner that w,uld otherwise , be
prohibited by this local law.
5
SECTI00 3,0
GENERAL PROVISIONS
3.1 LANDS TO WHICH THIS LOCAL LAW APPLIES
This local law shall apply to all areas of special
hazards within the jurisdiction of THE TOWN of
Ulysses
60,J(b) &(c)
flood
3.2 BASIS FOR ESTAALISHING THE AREAS OF SPECIAL FLOOD HAZARD
(1) The areas of special flood hazard identified by the Federal
Emergency Management Agency in a scientific and engineering
report entitled "The Flood Insurance Study for the
Town of Ulysses ,of
0'1 Akins County, New York,,, dated
February 19 1987 , with accompanying Flood
Insurance Rate Maps is hereby adopted and declared to be a part
of this Local Law, The Flood Insurance Study and FIRM are on file
at
Office of the Ulysses Town Clerk
(OR)
(2) The areas of special flood hazard identified by the Federal
Insurance Administration on its Flood Hazard Boundary Map
(F'HBM), or Flood Insurance Rate Map (FIRM) No
dated 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 Octoberl, 1986 and
shall supersede 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 SEVERABILIIY
'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 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 tae
than $250 or imprisoned for not tore than 15 days or both. Each
day of noncompliance shall be considered aseparate offense.
Nothing herein contained shall prevent the Town
of Ulysses
2
3.6
4.1
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 L a w 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.
WARNINGS 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 he
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 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
ADMINISTRATION
DESIGNATION OF THE LOCAL ADMINISTRATION
The Ulysses Town Zoning Officers hereby appointed Local
Administrator to administer and implement this local law by
granting or denying development permit applications in
accordance with its provisions.
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
any non- residential
flood -proofed;
to mean sea level to which
structure will be
(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
€ 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 1 st 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 ADMISTRATOR
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 FL000 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 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 Section 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) &. (cl
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 10 2 7 8.
(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 W 0 RK ORDERS
(1) All floodplain 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.
I
60.3(b) & (b)
4.3-8 CERTIFICATE OF COMPLIANCE
(1) It shall be unlawful to use or occupy or to permit the
use or occupancy of any wilding 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 s y s tem.
0
60.31 bl ' I cl
(3) New and replacement sanitary sewage systems shall be
designed to minimize or eliminate infiltration of f loo d
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
5.1-5
(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) of either 5 lots or
3 acres whichever is less.
(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:
(3) Have the lowest floor, including basement or
cellar, elevated to or above the base flood
elevation.
11
60.3(b) &- (c)
(4) Have fully enclosed areas below the 1 o west 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 t w o 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.
5.2-2 NON RESIDENTIAL 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
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.
(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
60.31b] ' I cl
relation to mean sea level) to which the structure
is floodproofed.
The Local Pdninistrator 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 homes 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 mast 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 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 from 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.
6.1 APPEALS
BOARD
SECTION 6.0
VARIANCE PROCEDURE
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(hereafter '2BA")
60.3 (b) & (cl
(1) The Zoning Board of Appeals 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
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 ZBA
may appeal such decision to the Supreme Court pursuant to
Article 78 of the Civil Practice Law and Rules.
(4) In passing upon such applications, the ZBA 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;
(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 ZBA
may attach
such condition; 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
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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.
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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) adetermination 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 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.
(8) LOCAL LAW #1 of 1987 IS HEREBY REPELED.
Be it enacted this 11 day of March 19 87by the
Town of Ulysses of
Tompkins County, New York, to beef f ective upon its filing
with the Secretary of State.
Martin A. Luster. Supervisor• I
Robert
Weatherby Council.
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James Vorp. Council I
Carolyn Duddleston. Council. I
Thomas Reitz. Council