HomeMy WebLinkAboutLL 1991 #1Flood Damage Protection NEW YORK STATE I)EPARTMOT OF STATE
Local Lavii Filing 162 WASHINGTON AVENUE, ALBANY, NY 12231
(Use this form to file a 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.
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of Danby
Town
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Local Law No. 1 of the year 19 91
A local law RELATING TO FLOOD DAMAGE PROTECTION
Be it enacted by the Town Board of the
(Name of Legislative Body)
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Section 1: The Town of Danby hereby enacts the following local law to be entitled "A LOCAL
LAW RELATING TO FLOOD DAMAGE PROTECTION" reading as follows:
SECTION 1.0
STATUTORY AUTHORIZATION AND PURPOSE
1.1 FINDINGS
The Town Board of the Town of Danby finds that the potential and/or actual damages from
flooding and erosion may be a problem to the residents of the Town of Danby 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 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 flood plains, stream 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
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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 National Flood Insurance Program.
1.3 OBJECTIVES
The objectives of this local law are: _
(1) to protect human life and health;
(2) to minimize expenditure of public money for costly flood control projects;
(3) to minimize the need for rescue and relief efforts 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, 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 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 Code Enforcement Officer's interpretation of any provision
of this Local Law or a request for a variance.
"Area of shallow flooding" means a designated AO or VO Zone on a community's Flood Insurance Rate
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Map (FIRM) with base flood depths from one to three feet where a clearly defined channel does not exist,
where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident.
"Area of special flood hazard" is the land in the flood plain 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, AO,
A1-99, V, VO, VE, or V1-30. It is also commonly referred to as the base flood plain or 100-year flood
plain.
"Base flood" means the flood having a one percent chance of being equalled or exceeded in any given
year.
"Basement" means that portion of a building having its floor subgrade (below ground level) on all sides.
"Building" means any structure built for support, shelter, or enclosure for occupancy or storage.
"Cellar" - has the same meaning as "Basement"
"Development" means any man-made change to improved or unimproved real estate, including but not
limited to buildings or other structures, mining, dredging, filling, paving, excavation or drilling
operations.
"Elevated building" means a non-basement building built to have the lowest floor elevated above the
ground level by means of fill, solid foundation perimeter walls, pilings, columns (posts and piers), or.
shear walls.
"Existing manufactured home park or manufactured home subdivision" means a parcel (or contiguous
parcels) of land divided into two or more manufactured home lots for rent or sale for which the
construction of facilities for servicing the lot on which the manufactured 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.
"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;
(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 in 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
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Emergency Management Agency, where the boundaries of the areas of special flood hazard have been
defined but no water surface elevation is provided.
"Flood Insurance Rate Map (FIRM)" means an official map of a community, issued by the Federal
Emergency Management Agency, 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 and Floodway Map, as elevations of
the base flood.
"Floodproofing" 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".
"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 facility. 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 home" 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 mobile homes, park trailers, travel trailers, and similar
transportable structures placed on a site for 180 consecutive days or longer.
"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.
"New Construction" means structures for which the "start of construction" commenced on or after the
effective date of this Local Law.
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"Principally Above Ground" means that at least 51 percent of the actual cash value of the structure,
excluding land value, is above ground.
"Regulatory Floodway" means the channel of a river or other watercourse and the adjacent land areas
that must be reserved in order to discharge the base flood without cumulatively increasing the water
surface elevation more than a designated height as determined by the Federal Emergency Management
Agency in a Flood Insurance Study or by other agencies as provided in Section 4.3-2 of this Law.
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"Start of Construction" includes substantial improvement and means the first placement of permanent
construction of a structure (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 (including,
at a minimum, the construction 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.
"Structure" means a walled and roofed building, a manufactured home, or a gas or liquid storage tank,
that is principally above ground.
"Substantial Improvement" means any repair, reconstruction, or improvement of a structure, the cost of
which equals or exceeds 50 percent of the market value of the structure either:
(1) before the improvement or repair is started; or
(2) if the structure has been damaged and is being restored, before the damage occurred.
For the purposes of this definition "substantial improvement" is considered to commence when the first
alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not
that alteration affects the external dimensions of the structure. The term does not, however, include
either:
(1) any project for improvement of a structure to comply with existing state or local building,
fire, health, sanitary, or safety code specifications which are solely necessary to assure
safe living conditions; or
(2) any alteration of a structure or contributing structure listed on the National Register of
Historic Places or a State Inventory of Historic Places.
"Variance" means a grant of relief from the requirements of this local law which permits construction
or use in a manner that would otherwise be prohibited by this Local Law.
SECTION 3.0
GENERAL PROVISIONS
3.1 LANDS TO WHICH THIS LOCAL LAW APPLIES
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This local law shall apply to all areas of special flood hazards within the jurisdiction of the Town
of Danby.
3.2 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD
The areas of special flood hazard identified by the Federal Emergency Management Agency and
set forth on flood insurance rate maps numbers 01-06 shown on the map indexed and related map for
Community No. 360845B effective May 15, 1985, as the same may be amended from time to time by
the Federal Emergency Management Agency.
3.3 INTERPRETATION, CONFLICT WITH OTHER LAWS
This Local Law is adopted in response to revisions to the National Flood Insurance Program
effective October 1, 1986 and shall 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 SEVERABILITY
The invalidity of any section or provision of this Local Law shall not invalidate any other section
or provision thereof.
3.5 PENALTIES FOR NON-COMPLIANCE
No development shall occur and 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 regulation governing construction. Any 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 of the permit, 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 $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 Code Enforcement Officer 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 owner 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.
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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
Danby, 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
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 hazard established in Section
3.2.
(2) The Code Enforcement Officer is hereby appointed Local Administrator to administer and
implement this local law by granting or denying Development Permit applications in
accordance with its provisions.
(3) The Code Enforcement Officer may include such conditions to the grant of any
Development Permit as the Code Enforcement Officer may reasonably require to carry out
the purpose of this law, and, further, in consideration of the technical evaluations, all
relevant factors and standards specified in other sections of this law including, but not
limited to, those set forth in Section 6.1(4), below.
4.2 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
"Owner"), on forms prepared by the Code Enforcement Officer.
(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 structures,fill, storage
of materials and drainage facilities,
(b) elevation in relation to mean sea level of the proposed lowest floor (including
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basement or cellar) of all structures;
(c) elevation in relation to mean sea level 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;
(e) certificate from a licensed professional engineer or architect that the non-
residential flood-proofed structure will meet the flood-proofing criteria in Section
5; and
(f) description of the extent to which any watercourse or regulated floodway will be
altered or relocated as a result of proposed development.
(g) such other information as the Code Enforcement Officer 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 Code Enforcement Officer
may grant extensions of time as the Code Enforcement Officer may reasonably determine,.
taking into account the factors and standards set forth elsewhere in this law and the Code
Enforcement Officer 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 Code Enforcement
Officer.
4.3 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 Code Enforcement Officer a certificate of the elevation
of the lowest floor, or flood-proofed elevation, in relation to mean sea level. The elevation
certificate shall be prepared by or under the direct supervision of a licensed land surveyor
or professional engineer and certified by same. When flood-proofing is utilized for a
particular building the flood-proofing certificate shall be prepared by or under the direct
supervision of a licensed professional engineer or architect and certified by same. The
Code Enforcement Officer 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 done in compliance with the requirements 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 the conditions of a permit. The Code Enforcement
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Officer may also require that such a certificate be signed by a competent person who has
supervised or examined the work.
4.4 CODE ENFORCEMENT OFFICER REVIEW AND ACTION
4.4-1 PERMIT APPLICATION REVIEW
Upon receipt of a completed application the Code Enforcement Officer will
(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 Permits for compliance with the provisions of Section 5
relating to encroachments.
4.4-2 USE OF OTHER BASE FLOOD AND FLOODWAY DATA
When base flood elevation data have not been provided in accordance with Section 3.2,.
BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD, the Code
Enforcement Officer 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 in order to administer Section 5.2, SPECIFIC
STANDARDS and Section 5.3 FLOODWAYS.
4.4-3 INFORMATION TO BE OBTAINED AND MAINTAINED
The Code Enforcement Officer shall, with the help of the Owner or, when necessary with
the help of an engineer paid for by the Owner
(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:
(a) obtain and record the actual elevation, in relation to mean sea level, to
which the structure has been floodproofed; and
(b) maintain the floodproofing certifications required in Sections 5.1 and 5.2.
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(3) Maintain for public inspection all records pertaining to the project as the same is
affected by the provisions of this local law including records of variances when
granted and Certificates of Compliance.
4.4-4 ALTERATION OF WATERCOURSES
The Code Enforcement Officer shall
(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 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.
4.4-5 INTERPRETATION OF FIRM BOUNDARIES
(1) The Code Enforcement Officer 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.
(2) Base flood elevation data established pursuant to Section 3.2 and/or Section 4.4-2,
when available, shall be used to accurately delineate the area of special flood
hazards.
(3) The Code Enforcement Officer 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.
4.4-6 STOP WORK ORDERS
(1) All flood plain 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 Code Enforcement Officer. Disregard of a
stop work order shall be subject to the penalties described in Section 3.5 of this
Local Law. •
(2) All flood plain development found to be not complying 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 Code Enforcement Officer. Disregard of a stop work
order shall be subject to the penalties described in Section 3.5 of this Local Law.
4.4-7 INSPECTIONS
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The Code Enforcement Officer or, if required by the Code Enforcement Officer, the
Owner'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 the person who is conducting the inspection to certify that the
development is in compliance with the requirements of either the Development Permit or
an approved variance.
4.4-8 CERTIFICATE OF COMPLIANCE
(1) It shall be unlawful to use or occupy or to permit the use or occupancy of any
building or premises, or both, or part thereof hereafter created, erected, changed,
converted or wholly or partly altered or enlarged in its use or structure until a
Certificate of Compliance has been issued by the Code Enforcement Officer
stating that the building or land conforms to the requirements of this Local Law.
(2) All other development occurring within the designated flood hazard area will have
upon completion a Certificate of Compliance issued by the Code Enforcement
Officer.
(3) All certifications shall be based upon the inspections conducted subject to Section
4.4-7, the certification of professionally qualified representatives made pursuant
to Section 4.4-7 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 resulting from
hydrodynamic and hydrostatic 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 manufactured homes to be
placed or substantially improved shall be elevated on a permanent foundation such
that the lowest floor of the manufactured home is at or above the base flood
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elevation and be securely anchored to an adequately anchored foundation system
in accordance with the following requirements:
(a) Over-the-top ties shall be provided at each of the four corners of the
manufactured home, with two additional ties per side at intermediate
locations, with manufactured homes less than 50 feet long requiring one
additional tie per side.
(b) Frame ties shall be provided at each corner of the home with five
additional ties per side at intermediate points, with manufactured homes
less than 50 feet long requiring four additional ties per side.
(c) Each component of the anchoring system shall be capable of individually
carrying a force of 4,800 pounds; and
(d) Any additions to the manufactured home shall 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 construction and substantial improvement shall be constructed with
electrical, heating, ventilation, plumbing, air conditioning equipment, and other
service facilities that are 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 that such utilities meet this
specification.
(2) All new and replacement water supply systems shall be designed 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 waters; and
(4) On-site waste disposal systems shall be located to avoid impairment to them or
contamination from them during flooding.
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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 manufactured home parks and
subdivisions) greater than either 50 lots or 5 acres.
5.1-5 ENCROACHMENTS
(1) In all areas of special flood hazard in which base flood elevation data are available
pursuant to Section 4.4-2 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.
(2) In all areas of the special flood hazard where floodway data are provided or
available pursuant to Section 4.4-2 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 have been provided as set
forth in Section 3.2 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD
HAZARDS and Section 4.4-2, USE OF OTHER BASE FLOOD DATA, the following standards
are required:
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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
(1) New construction and substantial improvement of any commercial, industrial or
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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 so that the structure is
watertight below the base flood level with walls substantially impermeable to the
passage of water. All structural components located below the base flood level
must be capable of resisting hydrostatic and hydrodynamic loads and the effects
of buoyancy.
(2) If the structure is to be floodproofed:
(a) 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
(b) a licensed professional engineer or licensed land surveyor shall certify the
specific elevation (in relation to mean sea level) to which the structure is
floodproofed.
(c) The Code Enforcement Officer 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 from potential erosion forces. When floodway data
are available for a particular site as provided by Section 3.2 and Section 4.4-2, 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 and no manufactured home shall be placed within the limits of the floodway except
in an existing manufactured home park or existing manufactured home subdivision.
SECTION 6.0
VARIANCE PROCEDURE
6.1 APPEALS BOARD
(1) The Board of Appeals as established by the Town Board shall hear and decide appeals and
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requests for variances from the requirements of this local law.
(2) The Board of Appeals shall hear and decide appeals when it is alleged there is an error in
any requirement, decision, or determination made by the Code Enforcement Officer in the
enforcement or administration of this local law.
(3) Those aggrieved by the decision of the Board of Appeals, or any taxpayer owning property
in the Town of Danby who may have a significant interest in the decision and proceedings
on which it was based, 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 Board of Appeals shall consider all technical
evaluations, all relevant factors, standards specified in other sections of this local law and:
(a) the danger that materials may be swept onto other lands to the injury of others;
(b) the danger to life and property due to flooding or erosion damage;
(c) the susceptibility of the proposed facility and its contents to flood damage and the
effect of such damage on the individual owner;
(d) the importance of the services provided by the proposed facility to the community;
(e) the necessity to the facility of a waterfront location, where applicable;
(f) the availability of alternative locations for the proposed use which are not subject
to flooding or erosion damage;
(g) the compatibility of the proposed use with existing and anticipated
development;
(h) the relationship of the proposed use to the comprehensive plan and flood plain
management program of that area;
(i) the safety of access to the property in times of flood for ordinary and emergency
vehicles;
(j) the costs to local governments and the dangers associated with conducting search
and rescue operations during periods of flooding;
(k) 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
(1) the costs of providing governmental services during and after flood conditions,
15
flood.!!,wp51,Danby,, 12/17/91 5•44pm
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
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 Board of Appeals shall maintain the records of all appeal actions including technical
information and report any variances to the Federal Emergency Management Agency upon
request.
6.2 CONDITIONS FOR VARIANCES
(1) Generally, variances may be issued for new construction and substantial improvements to
be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots
with existing structures constructed below the base flood level, providing the items in
Section 6.1(4) have been fully considered. As the lot size increases beyond the one-half
acre, the technical justification required for issuing the variance increases.
(2) Variances may be issued for the reconstruction, 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
development necessary for the conduct of a functionally dependent use provided that:
(a) the criteria of subparagraphs 1, 4, 5, and 6 of this section 6.2 are met;
(b) the structure or other development is protected by methods that minimize flood
damages during the base flood and create no additional threat 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 be issued only upon:
(a) a showing of good and sufficient cause;
(b) a determination that failure to grant the variance would result in exceptional
16
flood.!!, wp51,Danby, ,12/17/91 5:44pm
hardship to the applicant; and
(c) a determination that the granting of a variance will not result in increased flood
heights, additional threats to public safety, extraordinary public expense, create
nuisances, cause fraud on or victimization of the public or conflict with existing
local laws or ordinances.
(7) Any applicant to 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. _
Section 2: If any provision of this local law is found invalid by any court of competent jurisdiction,
such invalidity shall not affect any of the other provisions of this local law which shall
remain in full force and effect.
Section 3: This local law shall supersede any prior ordinances, laws, or provisions governing flood
damage protection previously enacted by the Town of Danby, including particularly Local
Law Number 4 for the year 1985.
Section 4: This law shall take effect ten days after its enactment.
•
17
•
(Complete the certification in the paragraph that applies lo the filing of this local law and
strike out that 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. 1 of 19.9 1
of the ( r�lrl;i4n,(�Pc ('I•own)(7► Wc) of Danby was duly passed by the
Town board on December 11 1991 , in accordance with the applicable provisions of law.
(Name of Legielative
y the Elective Chief Executive Officer•.)
I hereb• certify that the local law annexed hereto, designated as local law No. - f 19
-------------- --
of the (Co► ty)(City)(Town)(Village) of was duly sled by the
on IQ , and was (approvedl(nol disaPl)rove(l -ePassed after
�flnnie n1 Leginlndv-. 11...ly)
disapproval) by the _ and was deemed duly adopled on I9
e.ctive. Chief i°,xe.clltive. OIficeri)
in accordance with the , plicable provisions of law. -
3. (Final adoption by referendum.
I hereby certify that the local law anne• d hereto, designated as lo law No. of 19
of the (County)(City)(•I'own)(Village) of was duly passed by the
-
on 19 , at was (approved)(not disapproved)(repassed after
(Name of Legislative Body)
disapproval) by the r► 19 Such local law was
(Elective Chief Executive Officer')
submitted to the people by reason of a (nrandato (perm ,sive) referendum, and received the affirmative
vote of a majority of the qualified electors v ng thereon a he (general)(special)(annual) election held on
19 , in accordance wit] ►e applicable prove. • ms of law.
4. (Subject to permissive ref, endum and final adoption because no valid l 'lition was filed requesting
re ferndum.)
I hereby certify that e local law annexed hereto, designated as local law No. of 19
of the (County)(C )(Town)(Village) of was duly passed by the
on — 19 , and was (approved)(not disapp ved)(repassed after
(Name of Legisl. ive Body)
----------------- -----
disappro I) by the _ on 19 Such local , w was subject
(Elective Chief Executive Officer=)
pe issive referendum and no valid petition requesting such referendum was filed as of 19 .
'n accordance with the applicable provisions of law.
'Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a
county-wide basis or, if there be none, the chairman of the county legislaihe body, the mayor of a city
or village, or the supervisor of a town where such officer is vested with the bower to approve or veto local
laws or ordinances.
18
' (City local law concerning Charier revision_ proposed by peti_tinn ) ,
I here ertify that the local law annexed hereto, designated as local law No. 0 19_
of the City o having been submitted to refe • um pursuant to
the provisions of se •t• (36)(37) of the Municipal Home Rule Law, and having rece. •. the affirmative vote
• of a majority of the quali 1- : electors of such city voting thereon at the (speci general) election held on
19 , became op- • ive.
6. (County local law concerning adoption o ' 'Tarter.)
I hereby certify that the local law - - exed hereto, designated as local a o. of 19
of the County of , State of New irk, having been submitted to
the electors at the G• • - al Election of November 19 , pursuant to . divisions 5 and 7 of
section 33 of unicipal Home Rule Law, and having received the affirmative vote of a 'ority of the
qualifi-• - ectors of the cities of said county as a unit and of a majority of the qualified electors o .e towns
tip.. I . I . . •.• •. . .' I a • .. _. I. • • •. . a •_ a s. _.
(If any other authorized form of final adoption hac been followed, please provide an appropritate certification.
I further certify that I have compared the preceding local law with the original on file in this office and that
the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted
in the manner indicated in paragraph 1 , above.
a..,,,,A7 .,2e ti Clerk of the County legislative bo ity //, Town or Village Clerk
_ . or officer designated b 1 legilsative body
(Seal) - Date: December 12 , 1991
2.
(Certification 10 be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authorized Attorney of locality.)
STATE OF NEW YORK
COUNTY OF Tompkins
I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper
proceedings have been had or taken for the enactment of the local law annexed hereto.
(--)/9- r.,
signature)
Partner; Barney, Grossman, Roth &
ii
Lebow; Attorneys for the Town
title (/ — ----
qkliC of Danby
Town --
Date: December 13 , 1991
19
LOCAL LAW NO. 1 - 1991
RELATING TO FLOOD DAMAGE PROTECTION
Be it enacted by the Town Board of the Town of Danby as follows:
Section 1: The Town of Danby hereby enacts the following local law to be entitled "A LOCAL
LAW RELATING TO FLOOD DAMAGE PROTECTION" reading as follows:
SECTION 1.0.
STATUTORY AUTHORIZATION, AND PURPOSE
1.1 FINDINGS
The Town Board of the Town of Danby finds that the potential and/or actual damages from
flooding and erosion may be a problem to the residents of the Town of Danby 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 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 flood plains, stream 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 eligibility for participation in the National Flood Insurance Program.
1.3 OBJECTIVES
The objectives of this local law are:
flood.!!, wp51,Danby,, 12/17/91 9:27pm
(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, 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 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 Code Enforcement Officer's interpretation of any provision
of this Local Law or a request for a variance.
•
"Area of shallow flooding" means a designated AO or VO Zone on a community's Flood Insurance Rate
Map (FIRM) with base flood depths from one to three feet where a clearly defined channel does not exist,
where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident.
"Area of special flood hazard" is the land in the flood plain 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, AO,
Al-99, V, VO, VE, or V1-30. It is also commonly referred to as the base flood plain or 100-year flood
plain.
"Base flood" means the flood having a one percent chance of being equalled or exceeded in any given
year.
2
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"Basement" means that portion of a building having its floor subgrade (below ground level) on all sides.
"Building" means any structure built for support, shelter, or enclosure for occupancy or storage.
"Cellar" - has the same meaning as "Basement"
"Development" means any man-made change to improved or unimproved real estate, including but not
limited to buildings or other structures, mining, dredging, filling, paving, excavation or drilling
operations.
"Elevated building" means a non-basement building built to have the lowest floor elevated above the
ground level by means of fill, solid foundation perimeter walls, pilings, columns (posts and piers), or
shear walls.
"Existing manufactured home park or manufactured home subdivision" means a parcel (or contiguous
parcels) of land divided into two or more manufactured home lots for rent or sale for which the
construction of facilities for servicing the lot on which the manufactured 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.
"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;
(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 in 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 is provided.
"Flood Insurance Rate Map (FIRM)" means an official map of a community, issued by the Federal
Emergency Management Agency, 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 and Floodway Map, as elevations of
the base flood.
3
•
t /
flood.!!, wpSl,Danby,,12/17/91 9:27pm
"Floodproofing" 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".
"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 facility. 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 home" 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 mobile homes, park trailers, travel trailers, and similar
transportable structures placed on a site for 180 consecutive days or longer. •
"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.
"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.
•
"Regulatory Floodway" means the channel of a river or other watercourse and the adjacent land areas
that must be reserved in order to discharge the base flood without cumulatively increasing the water
surface elevation more than a designated height as determined by the Federal Emergency Management
Agency in a Flood Insurance Study or by other agencies as provided in Section 4.3-2 of this Law.
"Start of Construction" includes substantial improvement and means the first placement of permanent
construction of a structure (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 (including,
at a minimum, the construction 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
4
flood.!!, wpS1,Danby, , 12/17/91 9:27pm
home on a foundation. ,
"Structure" means a walled and roofed building, a manufactured home, or a gas or liquid storage tank,
that is principally above ground.
"Substantial Improvement means any repair, reconstruction, or improvement of a structure, the cost of
which equals or exceeds 50 percent of the market value of the structure either:
(1) before the improvement or repair is started; or
(2) if the structure has been damaged and is being restored, before the damage occurred.
For the purposes of this definition "substantial improvement" is considered to commence when the first
alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not
that alteration affects the external dimensions of the structure. The term does not, however, include
either:
(1) any project for improvement of a structure to comply with existing state or local building,
fire, health, sanitary, or safety code specifications which are solely necessary to assure
safe living conditions; or
. (2) any alteration of a structure or contributing structure listed on the National Register of
Historic Places or a State Inventory of Historic Places. ,
"Variance" means a grant of relief from the requirements of this local law which permits construction
or use in a manner that 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 Danby.
3.2 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD
•
The areas of special flood hazard identified by the Federal Emergency Management Agency and
set forth on flood insurance rate maps numbers 01-06 shown on the map indexed and related map for
Community No. 360845B effective May 15, 1985, as the same may be amended from time to time by
the Federal Emergency Management Agency.
3.3 INTERPRETATION, CONFLICT WITH OTHER LAWS
0 5
Jlood.11, wpS1,Danby„,12/17/91 9:27pm
•
This Local Law is adopted in response to revisions to the National Flood Insurance Program
effective October 1, 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 SEVERABILITY
The invalidity of any section or provision of this Local Law shall not invalidate any other section
or provision thereof. •
3.5 PENALTIES FOR NON-COMPLIANCE
No development shall occur and 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 regulation governing.construction. Any 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 of the permit, 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 $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 Code Enforcement Officer 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 owner 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 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
Danby, 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.
•
6
•
: • .
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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 hazard established in Section
3.2.
(2) The Code Enforcement Officer is hereby appointed Local Administrator to administer and
implement this local law by granting or denying Development Permit applications in
accordance with its provisions.
(3) The Code Enforcement Officer may include such conditions to the grant of any
Development Permit as the Code Enforcement Officer may reasonably require to carry out
the purpose of this law, and, further, in consideration of the technical evaluations, all
relevant factors and standards specified in other sections of this law including, but not
limited to, those set forth in Section 6.1(4), below.
4.2 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
"Owner"), on forms prepared by the Code Enforcement Officer.
(2) The following information is required where applicable:
Ii
(a) plans, in duplicate, drawn to scale showing the nature, location, dimension, and
elevations of the area in question, existing and/or proposed structures,fill, storage
of materials and drainage facilities,
(b) elevation in relation to mean sea level of the proposed lowest floor (including
basement or cellar) of all structures; •
(c) elevation in relation to mean sea level 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;
(e) certificate from a licensed professional engineer or architect that the non-
residential flood-proofed structure will meet the flood-proofing criteria in Section
5; and
7
flood.!!, wpSl,Danby,,12/17/919:27pm
(f) description of the extent to which any watercourse or regulated floodway will be
altered or relocated as a result of proposed development.
(g) such other information as the Code'Enforcement Officer 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 Code Enforcement Officer
may grant extensions of time as the Code Enforcement Officer may reasonably determine,
taking into account the factors and standards set forth elsewhere in this law and the Code
Enforcement Officer 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 Code Enforcement
Officer. _ .
4.3 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 Code Enforcement Officer a certificate of the elevation
of the lowest floor, or flood-proofed elevation, in relation to mean sea level. The elevation
certificate shall be prepared by or under the direct supervision of a licensed land surveyor
or professional engineer and certified by same. When flood-proofing is utilized for a
particular building the flood-proofing certificate shall be prepared by or under the direct
supervision of a licensed professional engineer or architect and certified by same. The
Code Enforcement Officer 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 done in compliance with the requirements 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 the conditions of a permit. The Code Enforcement
Officer may also require that such a certificate be signed by a competent person who has
supervised or examined the work.
4.4 CODE ENFORCEMENT OFFICER REVIEW AND ACTION
4.4-1 PERMIT APPLICATION REVIEW . .. . .
Upon receipt of a completed application the Code Enforcement Officer will
(1) •Review all Development Permit applications to determine that the requirements of
this local law have been satisfied. •
8
•
flood.!1, wp51,Danby, , 12/17/91 9:27pm
® 2 Review all Development Permit applications to determine that all necessary
(2) . 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
relating to encroachments.
4.4-2 USE OF OTHER BASE FLOOD AND FLOODWAY DATA
When base flood elevation data have not been provided in accordance with Section 3.2,
BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD, the Code
Enforcement Officer 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 in order to administer Section 5.2, SPECIFIC
STANDARDS and Section 5.3 FLOODWAYS.
4.4-3 INFORMATION TO BE OBTAINED AND MAINTAINED
The Code Enforcement Officer shall, with the help of the Owner or, when necessary with
the help of an engineer paid for by the Owner .
(1)• Obtain and record the actual elevation, in relation to mean sea level, of the lowest
t. 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:
•
(a) obtain and record the actual elevation, in relation to mean sea level, to
which the structure has been floodproofed; and
(b) maintain the floodproofing certifications required in Sections 5.1 and 5.2.
(3) Maintain for public inspection all records pertaining to the project as the same is
affected by the provisions of this local law including records of variances when
granted and Certificates of Compliance. • •
4.4-4 ALTERATION OF WATERCOURSES
The Code Enforcement Officer shall
(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 Administrator.
® 9 .
flood.!!, wp51,Danby, ,12/17/91 9:27pm
(2) Require that maintenance is provided within the'altered or relocated portion of
said watercourse so that the flood carrying capacity is not diminished.
4.4-5 INTERPRETATION OF FIRM BOUNDARIES
(1) The Code Enforcement Officer 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.
• (2) Base flood elevation data established pursuant to Section 3.2 and/or Section 4.4-2,
• when available, shall be used to accurately delineate the area of special flood
hazards.
(3) The Code Enforcement Officer -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.
4.4-6 STOP WORK ORDERS
(1) All flood plain 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 Code Enforcement Officer. Disregard of a
stop work order shall be subject to the penalties described in Section 3.5 of this
Local Law. ,
(2) • All flood plain development found to be not complying 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 Code Enforcement Officer. Disregard of a stop work
order shall be subject to the penalties described in Section 3.5 of this Local Law.
4.4-7 INSPECTIONS t.,:,., ., '
The Code Enforcement Officer or,' if required by the Code Enforcement Officer, the
• • Owner'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 the person who is conducting the inspection to certify that the
development is in compliance with the requirements of either the Development Permit or
an approved variance.
4.4-8 CERTIFICATE OF COMPLIANCE
(1) It shall be unlawful to use or occupy or to permit the use or occupancy of any
building or premises, or both;or part thereof hereafter created, erected, changed,
•
converted or wholly or partly altered or enlarged in its use or structure until a
10
flood.!!, wp51,Danby, ,12/17/91 9:27pm
® Certificate of Compliance has been issued by the Code Enforcement Officer
stating that the building or land conforms to the requirements of this Local Law.
(2) All other development occurring within the designated flood hazard area will have
upon completion a Certificate of Compliance issued by the Code Enforcement
Officer.
(3) All certifications shall be based upon the inspections conducted subject to Section
4.4-7, the certification of professionally qualified representatives made pursuant
to Section 4.4-7 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 resulting from
hydrodynamic and hydrostatic 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 manufactured homes to be
placed or substantially improved shall be elevated on a permanent foundation such
that the lowest floor of the manufactured home is at or above the base flood
elevation and be securely anchored to an adequately anchored foundation system
in accordance with the following requirements: .
(a) . Over-the-top ties shall be provided at each of the four corners of the
manufactured home,. with two additional ties per side at intermediate
locations, with manufactured homes less than 50 feet long requiring one
additional tie per side.
(b) Frame ties shall be provided at each corner of the home with five
additional ties per side at intermediate points, with manufactured homes
less than 50 feet long requiring four additional ties per side.
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(c) Each component of the anchoring system shall be capable of individually
' ' carrying a force of 4,800 pounds; and •
• ' (d) • , Any;additions'to the manufactured home shall 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 construction and substantial improvement shall be constructed with
electrical, heating, ventilation, plumbing, air conditioning equipment, and other
service facilities that are 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 that such utilities meet this
specification.
(2) 'All new and replacement water supply systems shall be designed 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 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
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® damage; and,
(4) Base flood elevation data shall be provided for subdivision proposals and other
proposed developments (including proposals for manufactured home parks and
subdivisions) greater than either 50 lots or 5 acres.
5.1-5 ENCROACHMENTS
(1) In all areas of special flood hazard in which base flood elevation data are available
pursuant to Section 4.4-2 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.
(2) In all areas of the special flood hazard where floodway data are provided or
available pursuant to Section 4.4-2 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 have been provided as set
forth in Section 3.2 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD
HAZARDS and Section 4.4-2, 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
(1) New construction and substantial improvement 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 so that the structure is
watertight below the base flood level with walls substantially impermeable to the
passage of water. All structural components located below the base flood level
must be capable of resisting hydrostatic and hydrodynamic loads and the effects
• of buoyancy.
(2) If the structure is to be floodproofed:
(a) a licensed professional engineer or architect shall develop and/or review
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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
(b) a licensed professional engineer or licensed land surveyor shall certify the
specific elevation (in relation to mean sea level) to which the structure is
floodproofed.
•
(c) The Code Enforcement Officer 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 from potential erosion forces. When floodway data
are available for a particular site as provided by Section 3.2 and Section 4.4-2, 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 and no manufactured home shall be placed within the limits of the floodway except
in an existing manufactured home park or existing manufactured home subdivision.
SECTION 6.0
VARIANCE PROCEDURE
6.1 APPEALS BOARD '
(1) The 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 Board of Appeals shall hear and decide appeals when it is alleged there is an error in
any requirement, decision, or determination made by the Code Enforcement Officer in the
enforcement or administration of this local law.
(3) Those aggrieved by the decision of the Board of Appeals, or any taxpayer owning property
in the Town of Danby who may have a significant interest in the decision and proceedings
on which it was based, may appeal such decision to the Supreme Court pursuant to Article
78 of the Civil Practice Law and Rules.
•
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(4) In passing upon such applications, the Board of Appeals shall consider all technical
evaluations, all relevant factors, standards specified in other sections of this local law and:
(a) the danger that materials may be swept onto other lands to the injury of others;
(b) the danger to life and property due to flooding or erosion damage;.
(c) the susceptibility of the proposed facility and its contents to flood damage and the
. effect of such damage on the individual owner;
(d) the importance of the services provided by the proposed facility to the community;
(e) the necessity to the facility of a waterfront location, where applicable;
(f) the availability of alternative locations for the proposed use which are not subject
to flooding or erosion damage;
(g) the compatibility of the proposed use with existing and anticipated
development;
(h) the relationship of the proposed use to the comprehensive plan and flood plain
management program of.that area; . 0
(i) the safety of access to the property in times of flood for ordinary and emergency
vehicles
(j) the costs to local governments and the dangers associated with conducting search
and rescue operations during periods of flooding; •
(k) 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
(1) 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
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 Board of Appeals shall maintain the records of all appeal actions including technical
information and report any variances to the Federal Emergency Management Agency upon
request.
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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 the items in
Section 6.1(4) have been fully considered. As the lot size increases beyond the one-half
acre, the technical justification required for issuing the variance increases.
(2) Variances may be issued for the reconstruction, 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
development necessary for the conduct of a functionally dependent use provided that:
(a) the criteria of subparagraphs 1, 4, 5, and 6 of this section 6.2 are met;
(b) the structure or other development is protected by methods that minimize flood
damages during the base flood and create no additional threat 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 be issued only upon:
(a) a showing of good and sufficient cause;
(b) a determination that failure to grant the variance would result in exceptional
hardship to the applicant; and
(c) a determination that the granting of a variance will not result in increased flood
heights, additional threats to public safety, extraordinary public expense, create
nuisances, cause fraud on or victimization of the public or conflict with existing
local laws or ordinances.
(7) Any applicant to 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.
•
•
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Section 2: If any provision of this local law is found invalid by any court of competent jurisdiction,
such invalidity shall not affect any of the other provisions of this local law which shall
remain in full force and effect.
Section 3: This local law shall supersede any prior ordinances, laws, or provisions governing flood
damage protection previously enacted by the Town of Danby, including particularly Local
Law Number 4 for the year 1985.
Section 4: This law shall take effect ten days after its enactment.
(11) 17
LOCAL LAW NO. 1 - 1991
RELATING TO FLOOD DAMAGE PROTECTION
Be it enacted by the Town Board of the Town of Danby as follows:
Section 1: The Town of Danby hereby enacts the following local law to be entitled "A LOCAL
LAW RELATING TO FLOOD DAMAGE PROTECTION" reading as follows:
SECTION 1.0
STATUTORY AUTHORIZATION AND PURPOSE
1.1 FINDINGS
The Town Board of the Town of Danby finds that the potential and/or actual damages from
flooding and erosion may be a problem to the residents of the Town of Danby 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 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 flood plains, stream 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 eligibility for participation in the National Flood Insurance Program.
1.3 OBJECTIVES
The objectives of this local law are:
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(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, 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 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 Code Enforcement Officer's interpretation of any provision
of this Local Law or a request for a variance.
"Area of shallow flooding" means a designated AO or VO Zone on a community's Flood Insurance Rate
Map (FIRM) with base flood depths from one to three feet where a clearly defined channel does not exist,
where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident.
"Area of special flood hazard" is the land in the flood plain 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, AO,
Al-99, V, VO, VE, or V1-30. It is also commonly referred to as the base flood plain or 100-year flood
plain.
"Base flood" means the flood having a one percent chance of being equalled or exceeded in any given
year.
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"Basement" means that portion of a building having its floor subgrade (below ground level) on all sides.
"Building" means any structure built for support, shelter, or enclosure for occupancy or storage.
"Cellar" - has the same meaning as "Basement"
"Development" means any man-made change to improved or unimproved real estate, including but not
limited to buildings or other structures, mining, dredging, filling, paving, excavation or drilling
operations.
"Elevated building" means a non-basement building built to have the lowest floor elevated above the
ground level by means of fill, solid foundation perimeter walls, pilings, columns (posts and piers), or
shear walls.
"Existing manufactured home park or manufactured home subdivision" means a parcel (or contiguous
parcels) of land divided into two or more manufactured home lots for rent or sale for which the
construction of facilities for servicing the lot on which the manufactured 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.
"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;
(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 in 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 is provided.
"Flood Insurance Rate Map (FIRM)" means an official map of a community, issued by the Federal
Emergency Management Agency, 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 and Floodway Map, as elevations of
the base flood.
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"Floodproofing" 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".
"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 facility. 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 home" 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 mobile homes, park trailers, travel trailers, and similar
transportable structures placed on a site for 180 consecutive days or longer.
"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.
"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.
"Regulatory Floodway" means the channel of a river or other watercourse and the adjacent land areas
that must be reserved in order to discharge the base flood without cumulatively increasing the water
surface elevation more than a designated height as determined by the Federal Emergency Management
Agency in a Flood Insurance Study or by other agencies as provided in Section 4.3-2 of this Law.
"Start of Construction" includes substantial improvement and means the first placement of permanent
construction of a structure (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 (including,
at a minimum, the construction 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
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home on a foundation.
"Structure" means a walled and roofed building, a manufactured home, or a gas or liquid storage tank,
that is principally above ground.
"Substantial Improvement" means any repair, reconstruction, or improvement of a structure, the cost of
which equals or exceeds 50 percent of the market value of the structure either:
(1) before the improvement or repair is started; or
(2) if the structure has been damaged and is being restored, before the damage occurred.
For the purposes of this definition "substantial improvement" is considered to commence when the first
alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not
that alteration affects the external dimensions of the structure. The term does not, however, include
either:
(1) any project for improvement of a structure to comply with existing state or local building,
fire, health, sanitary, or safety code specifications which are solely necessary to assure
safe living conditions; or
(2) any alteration of a structure or contributing structure listed on the National Register of
Historic Places or a State Inventory of Historic Places.
•
"Variance" means a grant of relief from the requirements of this local law which permits construction
or use in a manner that 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 Danby.
3.2 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD
The areas of special flood hazard identified by the Federal Emergency Management Agency and
set forth on flood insurance rate maps numbers 01-06 shown on the map indexed and related map for
Community No. 360845B effective May 15, 1985, as the same may be amended from time to time by
the Federal Emergency Management Agency.
3.3 INTERPRETATION, CONFLICT WITH OTHER LAWS
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This Local Law is adopted in response to revisions to the National Flood Insurance Program
effective October 1, 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 SEVERABILITY
The invalidity of any section or provision of this Local Law shall not invalidate any other section
or provision thereof.
3.5 PENALTIES FOR NON-COMPLIANCE
No development shall occur and 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 regulation governing construction. Any 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 of the permit, 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 $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 Code Enforcement Officer 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 owner 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 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
Danby, 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.
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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 hazard established in Section
3.2.
(2) The Code Enforcement Officer is hereby appointed Local Administrator to administer and
implement this local law by granting or denying Development Permit applications in
accordance with its provisions.
(3) The Code Enforcement Officer may include such conditions to the grant of any
Development Permit as the Code Enforcement Officer may reasonably require to carry out
the purpose of this law, and, further, in consideration of the technical evaluations, all
relevant factors and standards specified in other sections of this law including, but not
limited to, those set forth in Section 6.1(4), below.
4.2 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
"Owner"), on forms prepared by the Code Enforcement Officer.
(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 structures, fill, storage
of materials and drainage facilities,
(b) elevation in relation to mean sea level of the proposed lowest floor (including
basement or cellar) of all structures;
(c) elevation in relation to mean sea level 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;
(e) certificate from a licensed professional engineer or architect that the non-
residential flood-proofed structure will meet the flood-proofing criteria in Section
5; and
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(f) description of the extent to which any watercourse or regulated floodway will be
altered or relocated as a result of proposed development.
(g). such other information as the Code Enforcement Officer 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 Code Enforcement Officer
may grant extensions of time as the Code Enforcement Officer may reasonably determine,
taking into account the factors and standards set forth elsewhere in this law and the Code
Enforcement Officer 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 Code Enforcement
Officer.
4.3 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 Code Enforcement Officer a certificate of the elevation
of the lowest floor, or flood-proofed elevation, in relation to mean sea level. The elevation
certificate shall be prepared by or under the direct supervision of a licensed land surveyor
or professional engineer and certified by same. When flood-proofing is utilized for a
particular building the flood-proofing certificate shall be prepared by or under the direct
supervision of a licensed professional engineer or architect and certified by same. The
Code Enforcement Officer 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 done in compliance with the requirements 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 the conditions of a permit. The Code Enforcement
Officer may also require that such a certificate be signed by a competent person who has
supervised or examined the work.
4.4 CODE ENFORCEMENT OFFICER REVIEW AND ACTION
4.4-1 PERMIT APPLICATION REVIEW
Upon receipt of a completed application the Code Enforcement Officer will
(1) Review all Development Permit applications to determine that the requirements of
this local law have been satisfied.
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(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
relating to encroachments.
4.4-2 USE OF OTHER BASE FLOOD AND FLOODWAY DATA
When base flood elevation data have not been provided in accordance with Section 3.2,
BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD, the Code
Enforcement Officer 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 in order to administer Section 5.2, SPECIFIC
STANDARDS and Section 5.3 FLOODWAYS.
4.4-3 INFORMATION TO BE OBTAINED AND MAINTAINED
The Code Enforcement Officer shall, with the help of the Owner or, when necessary with
the help of an engineer paid for by the Owner
(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:
(a) obtain and record the actual elevation, in relation to mean sea level, to
which the structure has been floodproofed; and
(b) maintain the floodproofing certifications required in Sections 5.1 and 5.2.
(3) Maintain for public inspection all records pertaining to the project as the same is
affected by the provisions of this local law including records of variances when
granted and Certificates of Compliance.
4.4-4 ALTERATION OF WATERCOURSES
The Code Enforcement Officer shall
(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 Administrator.
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(2) Require that maintenance is provided within the altered or relocated portion of
said watercourse so that the flood carrying capacity is not diminished.
4.4-5 INTERPRETATION OF FIRM BOUNDARIES
(1) The Code Enforcement Officer 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.
(2) Base flood elevation data established pursuant to Section 3.2 and/or Section 4.4-2,
when available, shall be used to accurately delineate the area of special flood
hazards.
(3) The Code Enforcement Officer 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.
4.4-6 STOP WORK ORDERS
(1) All flood plain 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 Code Enforcement Officer. Disregard of a
stop work order shall be subject to the penalties described in Section 3.5 of this
Local Law.
(2) All flood plain development found to be not complying 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 Code Enforcement Officer. Disregard of a stop work
order shall be subject to the penalties described in Section 3.5 of this Local Law.
4.4-7 INSPECTIONS
The Code Enforcement Officer or, if required by the Code Enforcement Officer, the
Owner'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 the person who is conducting the inspection to certify that the
development is in compliance with the requirements of either the Development Permit or
an approved variance.
4.4-8 CERTIFICATE OF COMPLIANCE
(1) It shall be unlawful to use or occupy or to permit the use or occupancy of any
building or premises, or both, or part thereof hereafter created, erected, changed,
converted or wholly or partly altered or enlarged in its use or structure until a
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Certificate of Compliance has been issued by the Code Enforcement Officer
stating that the building or land conforms to the requirements of this Local Law.
(2) All other development occurring within the designated flood hazard area will have
upon completion a Certificate of Compliance issued by the Code Enforcement
Officer.
(3) All certifications shall be based upon the inspections conducted subject to Section
4.4-7, the certification of professionally qualified representatives made pursuant
to Section 4.4-7 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 resulting from
hydrodynamic and hydrostatic 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 manufactured homes to be
placed or substantially improved shall be elevated on a permanent foundation such
that the lowest floor of the manufactured home is at or above the base flood
elevation and be securely anchored to an adequately anchored foundation system
in accordance with the following requirements:
(a) Over-the-top ties shall be provided at each of the four corners of the
manufactured home, with two additional ties per side at intermediate
locations, with manufactured homes less than 50 feet long requiring one
additional tie per side.
(b) Frame ties shall be provided at each corner of the home with five
additional ties per side at intermediate points, with manufactured homes
less than 50 feet long requiring four additional ties per side.
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(c) Each component of the anchoring system shall be capable of individually
carrying a force of 4,800 pounds; and
(d) Any additions to the manufactured home shall 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 construction and substantial improvement shall be constructed with
electrical, heating, ventilation, plumbing, air conditioning equipment, and other
service facilities that are 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 that such utilities meet this
specification.
(2) All new and replacement water supply systems shall be designed 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 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
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damage; and,
(4) Base flood elevation data shall be provided for subdivision proposals and other
proposed developments (including proposals for manufactured home parks and
subdivisions) greater than either 50 lots or 5 acres.
5.1-5 ENCROACHMENTS
(1) In all areas of special flood hazard in which base flood elevation data are available
pursuant to Section 4.4-2 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.
(2) In all areas of the special flood hazard where floodway data are provided or
available pursuant to Section 4.4-2 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 have been provided as set
forth in Section 3.2 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD
HAZARDS and Section 4.4-2, 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
(1) New construction and substantial improvement 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 so that the structure is
watertight below the base flood level with walls substantially impermeable to the
passage of water. All structural components located below the base flood level
must be capable of resisting hydrostatic and hydrodynamic loads and the effects
of buoyancy.
(2) If the structure is to be floodproofed:
(a) a licensed professional engineer or architect shall develop and/or review
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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
(b) a licensed professional engineer or licensed land surveyor shall certify the
specific elevation (in relation to mean sea level) to which the structure is
floodproofed.
(c) The Code Enforcement Officer 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 from potential erosion forces. When floodway data
are available for a particular site as provided by Section 3.2 and Section 4.4-2, 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 and no manufactured home shall be placed within the limits of the floodway except
in an existing manufactured home park or existing manufactured home subdivision.
SECTION 6.0
VARIANCE PROCEDURE
6.1 APPEALS BOARD
(1) The 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 Board of Appeals shall hear and decide appeals when it is alleged there is an error in
any requirement, decision, or determination made by the Code Enforcement Officer in the
enforcement or administration of this local law.
(3) Those aggrieved by the decision of the Board of Appeals, or any taxpayer owning property
in the Town of Danby who may have a significant interest in the decision and proceedings
on which it was based, may appeal such decision to the Supreme Court pursuant to Article
78 of the Civil Practice Law and Rules.
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(4) In passing upon such applications, the Board of Appeals shall consider all technical
evaluations, all relevant factors, standards specified in other sections of this local law and:
(a) the danger that materials may be swept onto other lands to the injury of others;
(b) the danger to life and property due to flooding or erosion damage;
(c) the susceptibility of the proposed facility and its contents to flood damage and the
effect of such damage on the individual owner;
(d) the importance of the services provided by the proposed facility to the community;
(e) the necessity to the facility of a waterfront location, where applicable;
(f) the availability of alternative locations for the proposed use which are not subject
to flooding or erosion damage;
(g) the compatibility of the proposed use with existing and anticipated
development;
(h) the relationship of the proposed use to the comprehensive plan and flood plain
management program of that area;
(i) the safety of access to the property in times of flood for ordinary and emergency
vehicles;
(j) the costs to local governments and the dangers associated with conducting search
and rescue operations during periods of flooding;
(k) 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
(1) 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
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 Board of Appeals shall maintain the records of all appeal actions including technical
information and report any variances to the Federal Emergency Management Agency upon
request.
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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 the items in
Section 6.1(4) have been fully considered. As the lot size increases beyond the one-half
acre, the technical justification required for issuing the variance increases.
(2) Variances may be issued for the reconstruction, 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
development necessary for the conduct of a functionally dependent use provided that:
(a) the criteria of subparagraphs 1, 4, 5, and 6 of this section 6.2 are met;
(b) the structure or other development is protected by methods that minimize flood
damages during the base flood and create no additional threat 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 be issued only upon:
(a) a showing of good and sufficient cause;
(b) a determination that failure to grant the variance would result in exceptional
hardship to the applicant; and
(c) a determination that the granting of a variance will not result in increased flood
heights, additional threats to public safety, extraordinary public expense, create
nuisances, cause fraud on or victimization of the public or conflict with existing
local laws or ordinances.
(7) Any applicant to 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.
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Section 2: If any provision of this local law is found invalid by any court of competent jurisdiction,
such invalidity shall not affect any of the other provisions of this local law which shall
remain in full force and effect.
Section 3: This local law shall supersede any prior ordinances, laws, or provisions governing flood
damage protection previously enacted by the Town of Danby, including particularly Local
Law Number 4 for the year 1985.
Section 4: This law shall take effect ten days after its enactment.
•
17
LOCAL LAW NO. 1 - 1991
RELATING TO FLOOD DAMAGE PROTECTION
Be it enacted by the Town Board of the Town of Danby as follows:
Section l: The Town of Danby hereby enacts the following local law to be entitled "A LOCAL
LAW RELATING TO FLOOD DAMAGE PROTECTION" reading as follows:
SECTION 1.0
STATUTORY AUTHORIZATION AND PURPOSE
1.1 FINDINGS
The Town Board of the Town of Danby finds that the potential and/or actual damages from
flooding and erosion may be a problem to the residents of the Town of Danby 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 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 flood plains, stream 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 eligibility for participation in the National Flood Insurance Program.
1.3 OBJECTIVES
The objectives of this local law are:
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(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, 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 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 Code Enforcement Officer's interpretation of any provision
of this Local Law or a request for a variance.
"Area of shallow flooding" means a designated AO or VO Zone on a community's Flood Insurance Rate
Map (FIRM) with base flood depths from one to three feet where a clearly defined channel does not exist,
where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident.
"Area of special flood hazard" is the land in the flood plain 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, AO,
Al-99, V, VO, VE, or V1-30. It is also commonly referred to as the base flood plain or 100-year flood
plain.
"Base flood" means the flood having a one percent chance of being equalled or exceeded in any given
year.
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"Basement" means that portion of a building having its floor subgrade (below ground level) on all sides.
"Building" means any structure built for support, shelter, or enclosure for occupancy or storage.
"Cellar" - has the same meaning as "Basement"
"Development" means any man-made change to improved or unimproved real estate, including but not
limited to buildings or other structures, mining, dredging, filling, paving, excavation or drilling
operations.
"Elevated building" means a non-basement building built to have the lowest floor elevated above the
ground level by means of fill, solid foundation perimeter walls, pilings, columns (posts and piers), or
shear walls.
"Existing manufactured home park or manufactured home subdivision" means a parcel (or contiguous
parcels) of land divided into two or more manufactured home lots for rent or sale for which the
construction of facilities for servicing the lot on which the manufactured 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.
"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;
(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 in 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 is provided.
"Flood Insurance Rate Map (FIRM)" means an official map of a community, issued by the Federal
Emergency Management Agency, 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 and Floodway Map, as elevations of
the base flood.
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"Floodproofing" 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".
"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 facility. 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 home" 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 mobile homes, park trailers, travel trailers, and similar
transportable structures placed on a site for 180 consecutive days or longer.
"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.
"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.
"Regulatory Floodway" means the channel of a river or other watercourse and the adjacent land areas
that must be reserved in order to discharge the base flood without cumulatively increasing the water
surface elevation more than a designated height as determined by the Federal Emergency Management
Agency in a Flood Insurance Study or by other agencies as provided in Section 4.3-2 of this Law.
"Start of Construction" includes substantial improvement and means the first placement of permanent
construction of a structure (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 (including,
at a minimum, the construction 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
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home on a foundation.
"Structure" means a walled and roofed building, a manufactured home, or a gas or liquid storage tank,
that is principally above ground.
"Substantial Improvement" means any repair, reconstruction, or improvement of a structure, the cost of
which equals or exceeds 50 percent of the market value of the structure either:
(1) before the improvement or repair is started; or
(2) if the structure has been damaged and is being restored, before the damage occurred.
For the purposes of this definition "substantial improvement" is considered to commence when the first
alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not
that alteration affects the external dimensions of the structure. The term does not, however, include
either:
(1) any project for improvement of a structure to comply with existing state or local building,
fire, health, sanitary, or safety code specifications which are solely necessary to assure
safe living conditions; or
(2) any alteration of a structure or contributing structure listed on the National Register of
Historic Places or a State Inventory of Historic Places.
"Variance" means a grant of relief from the requirements of this local law which permits construction
or use in a manner that 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 Danby.
3.2 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD
The areas of special flood hazard identified by the Federal Emergency Management Agency and
set forth on flood insurance rate maps numbers 01-06 shown on the map indexed and related map for
Community No. 360845B effective May 15, 1985, as the same may be amended from time to time by
the Federal Emergency Management Agency.
3.3 INTERPRETATION, CONFLICT WITH OTHER LAWS
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This Local Law is adopted in response to revisions to the National Flood Insurance Program
effective October 1, 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 SEVERABILITY
The invalidity of any section or provision of this Local Law shall not invalidate any other section
or provision thereof.
3.5 PENALTIES FOR NON-COMPLIANCE
No development shall occur and 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 regulation governing.construction. Any 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 of the permit, 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 $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 Code Enforcement Officer 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 owner 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 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
Danby, 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.
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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 hazard established in Section
3.2.
(2) The Code Enforcement Officer is hereby appointed Local Administrator to administer and
implement this local law by granting or denying Development Permit applications in
accordance with its provisions.
(3) The Code Enforcement Officer may include such conditions to the grant of any
Development Permit as the Code Enforcement Officer may reasonably require to carry out
the purpose of this law, and, further, in consideration of the technical evaluations, all
relevant factors and standards specified in other sections of this law including, but not
limited to, those set forth in Section 6.1(4), below.
4.2 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
"Owner"), on forms prepared by the Code Enforcement Officer.
(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 structures, fill, storage
of materials and drainage facilities,
(b) elevation in relation to mean sea level of the proposed lowest floor (including
basement or cellar) of all structures;
(c) elevation in relation to mean sea level 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;
(e) certificate from a licensed professional engineer or architect that the non-
residential flood-proofed structure will meet the flood-proofing criteria in Section
5; and
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(f) description of the extent to which any watercourse or regulated floodway will be
altered or relocated as a result of proposed development.
(g) such other information as the Code Enforcement Officer 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 Code Enforcement Officer
may grant extensions of time as the Code Enforcement Officer may reasonably determine,
taking into account the factors and standards set forth elsewhere in this law and the Code
Enforcement Officer 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 Code Enforcement
Officer.
4.3 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 Code Enforcement Officer a certificate of the elevation
of the lowest floor, or flood-proofed elevation, in relation to mean sea level. The elevation
certificate shall be prepared by or under the direct supervision of a licensed land surveyor
or professional engineer and certified by same. When flood-proofing is utilized for a
particular building the flood-proofing certificate shall be prepared by or under the direct
supervision of a licensed professional engineer or architect and certified by same. The
Code Enforcement Officer 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 done in compliance with the requirements 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 the conditions of a permit. The Code Enforcement
Officer may also require that such a certificate be signed by a competent person who has
supervised or examined the work.
4.4 CODE ENFORCEMENT OFFICER REVIEW AND ACTION
4.4-1 PERMIT APPLICATION REVIEW
Upon receipt of a completed application the Code Enforcement Officer will
(1) Review all Development Permit applications to determine that the requirements of
this local law have been satisfied.
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(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
relating to encroachments.
4.4-2 USE OF OTHER BASE FLOOD AND FLOODWAY DATA
When base flood elevation data have not been provided in accordance with Section 3.2,
BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD, the Code
Enforcement Officer 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 in order to administer Section 5.2, SPECIFIC
STANDARDS and Section 5.3 FLOODWAYS.
4.4-3 INFORMATION TO BE OBTAINED AND MAINTAINED
The Code Enforcement Officer shall, with the help of the Owner or, when necessary with
the help of an engineer paid for by the Owner
(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:
(a) obtain and record the actual elevation, in relation to mean sea level, to
which the structure has been floodproofed; and
(b) maintain the floodproofing certifications required in Sections 5.1 and 5.2.
(3) Maintain for public inspection all records pertaining to the project as the same is
affected by the provisions of this local law including records of variances when
granted and Certificates of Compliance.
4.4-4 ALTERATION OF WATERCOURSES
The Code Enforcement Officer shall
(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 Administrator.
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(2) Require that maintenance is provided within the altered or relocated portion of
said watercourse so that the flood carrying capacity is not diminished.
4.4-5 INTERPRETATION OF FIRM BOUNDARIES
(1) The Code Enforcement Officer 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.
(2) Base flood elevation data established pursuant to Section 3.2 and/or Section 4.4-2,
when available, shall be used to accurately delineate the area of special flood
hazards.
(3) The Code Enforcement Officer 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.
4.4-6 STOP WORK ORDERS
(1) All flood plain 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 Code Enforcement Officer. Disregard of a
stop work order shall be subject to the penalties described in Section 3.5 of this
Local Law.
(2) All flood plain development found to be not complying 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 Code Enforcement Officer. Disregard of a stop work
order shall be subject to the penalties described in Section 3.5 of this Local Law.
4.4-7 INSPECTIONS
The Code Enforcement Officer or, if required by the Code Enforcement Officer, the
Owner'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 the person who is conducting the inspection to certify that the
development is in compliance with the requirements of either the Development Permit or
an approved variance.
4.4-8 CERTIFICATE OF COMPLIANCE
(1) It shall be unlawful to use or occupy or to permit the use or occupancy of any
building or premises, or both, or part thereof hereafter created, erected, changed,
converted or wholly or partly altered or enlarged in its use or structure until a
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Certificate of Compliance has been issued by the Code Enforcement Officer
stating that the building or land conforms to the requirements of this Local Law.
(2) All other development occurring within the designated flood hazard area will have
upon completion a Certificate of Compliance issued by the Code Enforcement
Officer.
(3) All certifications shall be based upon the inspections conducted subject to Section
4.4-7, the certification of professionally qualified representatives made pursuant
to Section 4.4-7 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 resulting from
hydrodynamic and hydrostatic 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 manufactured homes to be
placed or substantially improved shall be elevated on a permanent foundation such
that the lowest floor of the manufactured home is at or above the base flood
elevation and be securely anchored to an adequately anchored foundation system
in accordance with the following requirements:
(a) Over-the-top ties shall be provided at each of the four corners of the
manufactured home, with two additional ties per side at intermediate
locations, with manufactured homes less than 50 feet long requiring one
additional tie per side.
(b) Frame ties shall be provided at each corner of the home with five
additional ties per side at intermediate points, with manufactured homes
less than 50 feet long requiring four additional ties per side.
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(c) Each component of the anchoring system shall be capable of individually
carrying a force of 4,800 pounds; and
(d) Any additions to the manufactured home shall 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 construction and substantial improvement shall be constructed with
electrical, heating, ventilation, plumbing, air conditioning equipment, and other
service facilities that are 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 that such utilities meet this
specification.
(2) All new and replacement water supply systems shall be designed 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 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
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damage; and,
(4) Base flood elevation data shall be provided for subdivision proposals and other
proposed developments (including proposals for manufactured home parks and
subdivisions) greater than either 50 lots or 5 acres.
5.1-5 ENCROACHMENTS
(1) In all areas of special flood hazard in which base flood elevation data are available
pursuant to Section 4.4-2 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.
(2) In all areas of the special flood hazard where floodway data are provided or
available pursuant to Section 4.4-2 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 have been provided as set
forth in Section 3.2 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD
HAZARDS and Section 4.4-2, 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
(1) New construction and substantial improvement 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 so that the structure is
watertight below the base flood level with walls substantially impermeable to the
passage of water. All structural components located below the base flood level
must be capable of resisting hydrostatic and hydrodynamic loads and the effects
of buoyancy.
(2) If the structure is to be floodproofed:
(a) a licensed professional engineer or architect shall develop and/or review
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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
(b) a licensed professional engineer or licensed land surveyor shall certify the
specific elevation (in relation to mean sea level) to which the structure is
floodproofed.
(c) The Code Enforcement Officer 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 from potential erosion forces. When floodway data
are available for a particular site as provided by Section 3.2 and Section 4.4-2, 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 and no manufactured home shall be placed within the limits of the floodway except
in an existing manufactured home park or existing manufactured home subdivision.
SECTION 6.0
VARIANCE PROCEDURE
6.1 APPEALS BOARD
(1) The 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 Board of Appeals shall hear and decide appeals when it is alleged there is an error in
any requirement, decision, or determination made by the Code Enforcement Officer in the
enforcement or administration of this local law.
(3) Those aggrieved by the decision of the Board of Appeals, or any taxpayer owning property
in the Town of Danby who may have a significant interest in the decision and proceedings
on which it was based, may appeal such decision to the Supreme Court pursuant to Article
78 of the Civil Practice Law and Rules.
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(4) In passing upon such applications, the Board of Appeals shall consider all technical
evaluations, all relevant factors, standards specified in other sections of this local law and:
(a) the danger that materials may be swept onto other lands to the injury of others;
(b) the danger to life and property due to flooding or erosion damage;
(c) the susceptibility of the proposed facility and its contents to flood damage and the
effect of such damage on the individual owner;
(d) the importance of the services provided by the proposed facility to the community;
(e) the necessity to the facility of a waterfront location, where applicable;
(f) the availability of alternative locations for the proposed use which are not subject
to flooding or erosion damage;
(g) the compatibility of the proposed use with existing and anticipated
development;
(h) the relationship of the proposed use to the comprehensive plan and flood plain
management program of that area;
(i) the safety of access to the property in times of flood for ordinary and emergency
vehicles;
(j) the costs to local governments and the dangers associated with conducting search
and rescue operations during periods of flooding;
(k) 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
(1) 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
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 Board of Appeals shall maintain the records of all appeal actions including technical
information and report any variances to the Federal Emergency Management Agency upon
request.
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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 the items in
Section 6.1(4) have been fully considered. As the lot size increases beyond the one-half
acre, the technical justification required for issuing the variance increases.
(2) Variances may be issued for the reconstruction, 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
development necessary for the conduct of a functionally dependent use provided that:
(a) the criteria of subparagraphs 1, 4, 5, and 6 of this section 6.2 are met;
(b) the structure or other development is protected by methods that minimize flood
damages during the base flood and create no additional threat 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 be issued only upon:
(a) a showing of good and sufficient cause;
(b) a determination that failure to grant the variance would result in exceptional
hardship to the applicant; and
(c) a determination that the granting of a variance will not result in increased flood
heights, additional threats to public safety, extraordinary public expense, create
nuisances, cause fraud on or victimization of the public or conflict with existing
local laws or ordinances.
(7) Any applicant to 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.
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Section 2: If any provision of this local law is found invalid by any court of competent jurisdiction,
such invalidity shall not affect any of the other provisions of this local law which shall
remain in full force and effect.
Section 3: This local law shall supersede any prior ordinances, laws, or provisions governing flood
damage protection previously enacted by the Town of Danby, including particularly Local
Law Number 4 for the year 1985.
Section 4: This law shall take effect ten days after its enactment.
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