HomeMy WebLinkAboutLL 1985 #4 Flood Damage Prevention • 1A ,,. STATE OF NEW YORK
"TAI DEPAHTMENT OF STATE
•
162 WASHINGTON AVENUE
GAIL S.SHAFFER ALBANY,NEW YORK 12231
Secretary of State
Linda Fetherba" 6/10/85
Town Clerk •
Town of Denby
1830 Danby Rd •
Ithaca NY 14850
Dear Sir/Madam: •
We are returning Local Law(s)No. 4 of the year 1985
of the Town of Danby for the reason(s)indicated below:
The date of passage of this local law must be set forth in paragraph of each certification
form.
® The certification of the clerk of the municipality must be signed and/or dated where indicated.
t l T• he certification of the attorney of the municipality must be signed and/or dated where indicated.
aA• t least one copy of this local law must contain the original signature of the •
ElT• his local law refers to itself as an ordinance/resolution
•
Section 2(9)(b) of the Municipal Home Rule Law states a local law "shall not mean or include or-
dinance, resolution." •
Local laws must be filed in numerical order with this office. To date, we have no record of Llocal Law
No. 2&3 having been filed;therefore,we are unable to file the enclosed law at this time. .
DSection 130.3 of Title 19 NYCRR requires that all local laws be filed on forms provided by this office
and that all additional pages be of the same size as the forms provided.
Section 130.2 of Title 19 NYCRR requires that one copy of the local law be an original or first copy. The
enclosed copies are of too poor a quality to permit microfilming and reproduction by this office.
t l O• ther:
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Sincerely,
‘4")"."7"44.--1 4'74r-4-'°
Enunazine Lindsay
Head Clerk
Enc. State Records and Lay. Bureau
3P.?Chi4 Op1 19I&31
i
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(Please Use this Form for Filing your Local Law with the Secretary of State)
Text of law.should be given as amended. Do not include matter being
eliminated and do not use italics or underlining to indicate new matter.
County
Town of .Darby
age
Local Law No. 4 of the year 19 85
•
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A local law ....tm..ew stabl.i.sh..Florad...Damage..Pr venti.on
(Inert title) •
Be it enacted by the Taun...Baar.d of the
(Name d Lmgi■l.ti.e Body)
County
Town of Danby.... as follows;
e
Section 1.0 Statutory Authorization and Purpose
1.1 Statutory Authorization
The People 'of the State of New York have in the New York State
Constitution, Article IX, Section 2,, delegated the responsibility to
local governmental units to adopt regulations designed to-promote the
public health, safety, .andgeneral-welfare of__its:.citizenr.y. - -Therefore,
be it enacted by the Town Board of .the'.Town:_..of,Danby,• New:.York as:
:follows:
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. Protect human life and health;
2. Minimize expenditure' of public money for costly flood control projects;
3. Minimize the need for rescue and relief efforts associated with flooding and
generally undertaken at the expense of the general public;
4. Minimize prolonged business interruptions;
5. Minimize damage to public facilities and utilities such as water 'and gas
mains, electric, telephone, and sewer lines, and streets and bridges located in
• areas of special flood hazard;
6. 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. Insure that potential buyers are notified that property is in an area of
special flood hazard; and
8. -Ensure that those who occupy the areas of special flood hazard assume
p. (If additional s.ace is needed, .lease attach sheets of the same size as this and number each)
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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: (1) a request for a review of the interpretation of any
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provision of this law or (2) a request for a variance.
Area of special flood hazard: the land in the flood plain within a
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community subject to a one percent or greater chance of flooding in any
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given year.
Base flood: the flood having a one percent chance of being equaled or
exceeded- in any given year.
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. Development: any,man-made change to improved or unimproved -real estate,
including buildings or other structures, mining, dredging, filling,
paving excavation or drilling operations.
Flood or Flooding: a general and temporary condition of partial or
• complete inundation of normally dry land areas from:
(1) the overflow of inland or tidal waters or
(2) the unusual and rapid accumulation or runoff of surface waters
from any source.
Flood Insurance Rate Map (FIRM) : the official map issued' by the Federal
• Insurance Administration where the areas of .special flood hazard have
been designated Zone A.
Lowest Floor: lowest .level including basement, crawlspace, or garage of
lowest enclosed area.
Mobile Home: a structure that is transportable in one or more sections,
built on a permanent chassis, and designed to be used with or without a
permanent- foundation when connected to the required Utilities. It does
not include recreational vehicles. or travel trailers.
Structure: a walled, and roofed building, a mobile home, or a gas or
liquid storage tank, that is principally above ground.
•
Substantial improvement: any repair, reconstruction, or improvement of a
structure, the cost of which equals or exceeds 50 percent of the market
• value of the structure either:
(1) before the improvement or repair is started, or
(2) if the structure has .been damaged and is being restored, before
the damage occurred.
• For the purposes. of this definition substantial improvement is
considered to occur when the first alteration of any wall, ceiling,
floor, or other structural part of the building commences., whether or
not that alteration affects the external dimensions of the structure.
The term does not, however, include either:. - -
, (1) any project for improvement of a structure to comply with
existing state or local health, sanitary, or safety code
specifications which are solely necessary to assure safe living
conditions, or
(2) any alteration of a structure listed on the National Register of
Historic Places .or a State Inventory of Historic Places.
Variance: a grant of relief from the requirements of this local law
which permits construction in a manner that would .otherwise be
prohibited by'.this.-local, law.
Page 2
Section 3.0 General -Provisions
3.1 Lands to Which this Local Law Applies
This local law applies to all areas of special flood hazards with 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 Insurance
Administration on its Flood Insurance Rate Map (FIRM) , No. H 01-06,
dated June 25, 1976, and any revisions thereto, are adopted by
reference and declared, to be a part of_this local law. The FHBM is on
file at Town Clerk's Office, 1830 Danby Road.
3.3 Interpretation, Conflict with Other Regulations
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, or the general welfare. Whenever the
requirements of this section are at variance with the requirements of
any other lawfully adopted rules, regulations, or ordinances, the most
restrictive, or that imposing the higher standards, shall govern.
3.4 Validity
The invalidity of any section or provision of this local law shall not
invalidate any other section or provision thereof.
3.5 Penalties for Noncompliance
No structure or land shall hereafter be constructed, located, extended,
converted, or altered without full compliance with the terms of this.
local law and other applicable regulations. Violation of the provisions
of this local law by failure to comply with any of its requirements
(including violations of conditions and safeguards established in
connection with conditions) shall constitute a misdemeanor. Any person
who violates this local law or fails to comply with any of its
requirements shall, upon conviction thereof, be fined not more than
$250 or imprisoned for not more than thirty days or both for each
violation and, in addition, shall pay all. costs and expenses involved in
the case. Nothing herein contained shall prevent the Town Board from
taking such other lawful action as necessary to prevent or remedy a
violation.
Section 4.0 Administration
4.1 Establishment of Development Permit
A Development Permit shall be obtained before construction or
development begins within any area of special flood hazard established
in Section 3.2. Application for a Development Permit shall be made on
forms furnished by the Zoning Officer, and may include: plans drawn to
scale showing the nature, location, dimensions, and elevations of the
area in question; existing or proposed structures, fill, storage of
materials, drainage facilities; and any other materials the Zoning
Officer deems necessary to evaluate the proposal.
4.2 Designation of the Zoning Officer
The Zoning Officer is hereby appointed to administer and implement this
local law by granting or denying development permit 'applications in
. accordance with its provisions.
4.3 Duties and Responsibilities of the Zoning Officer
Duties of the Zoning Officer include the following:
4.3-1 Permit Review
1. Review all applications to determine that the permit requirements of this
local law have been satisfied.
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• 2. Review all applications to determine that all necessary permits have been
obtained from those federal, state, or other local governmental agencies from
which prior approval is required.
3. Review all development permits. to determine if the proposed
development adversely affects the flood carrying capacity of the area of
special flood hazard. For the purposes of this local law, "adversely
affects" means damage' to adjacent properties because of rises in flood
stages attributed to physical changes of the channel and the adjacent .
overbank areas.
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(i) If it is determined that there is no adverse effect, then the
permit shall be granted consistent with the provisions of this local
law.
(ii) If it is determined that there is an adverse effect, then flood
damage mitigation measures shall be made a condition of the permit.
4.3-2 Use 'of •Other Base Flood Data
When base. flood elevation data-has not been provided in accordance with
Section 3.2, Basis for Establishing the Areas of Special Flood Hazard,
.the Zoning Officer shall obtain, review .and'reasonably utilize any
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• base flood elevation data available from a Federal, State, or other
' source, in order to administer Section 5.2, .-Specific Standards.
4'.3-3 Information to be Obtained and Maintained
1. Obtain and record the actual elevation (in relation to mean sea
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level) of the lowest floor (including basement) of 'all new or
substantially improved structures, and whether or not the structure
contains'a basement.
2. For all new or substantially improved floodproofed structures:
(i) obtain and record the actual elevation (in relation to mean
sea level) to which. the structure has been floodproofed.
(ii). maintain the floodproofing certifications required in Section
5.2-2(3) .
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3. Maintain for .public inspection all records pertaining to the
provisions of this local law.
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4.3-4 Alteration. of Watercourses
1. Notify adjacent communities and the New York State Department of
Environmental Conservation prior .to .any alteration or' relocation of a
watercourse, and submit evidence IA such notification to the Federal
Insurance Administration.
2. Require that maintenance is provided within the altered or relocated,
,portion of said'watercourse so that the flood carrying capacity is not
diminished.
4.3-5 Interpretation 'of FIRM Boundaries
Make' interpretilons where needed, as to the exact location of the
boundaries of the areas of special flood hazards (for example, where
there appears to be a conflict between'a mapped boundary and actual
field conditions) .
Section 5.0 Provisions for Flood Hazard Reduction
5.1 General Standards
In all areas _of special flood hazards the following additional site plan review
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. .
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' 2. All mobile homes and any additions thereto shall be anchored to resist
' flotation, collapse, or lateral movement by providing an anchoring system
designed to withstand a wind force of 145km/90'miles per hour. (An error.
Standard cannot be met) .
5.1.2 Construction Materials and Methods
1. All new construction and substantial improvements shall be
constructed with materials and utility equipment resistant to flood
damage.
2. All new construction and substantial improvements shall be
constructed using methods and practices that minimize flood damage.
5.1.3 Utilities
1. All new and replacement water supply systems shall be designed to minimize
or eliminate infiltration of flood waters into the system;
2. New and replacement sanitary sewage systems shall be designed to minimize or
eliminate infiltration of flood waters into the systems and discharge from the
systems into flood waters; and
3. On-site waste disposal systems shall be located to avoid impairment to or
contamination from them during flooding.
5.1.4 Subdivision Proposals
1. All subdivision proposals shall be consistent with the need to minimize
flood damage;
2. All subdivision proposals shall have public utilities and facilities such as
sewer, gas, electrical, and water systems located and constructed to minimize
flood damage;
3. All subdivision proposals shall have adequate drainage provided to reduce
exposure to flood damage; and .
4. Base flood elevation data shall be provided for subdivision proposals
and other proposed development which contain at least 50 lots or an
area of 2 ha or 5 acres (whichever is less) .
5.1.5 Encroachments
Any proposed development shall be analyzed to determine effects on the flood
carrying capacity of the.area of special flood hazard as set forth in Section
4.3-1(3) , Permit Review.
5.2 Specific Standards
In all areas of special flood hazards where base flood elevation data
has been provided as set forth in Section 4.3-2, Use of Other Base Flood
Data, the following standards are required:
5.2-1 Residential Construction
New construction and substantial improvements of any residential
structure shall have the lowest floor, including basement, elevated to
or above the base flood elevation.
5.2-2 Nonresidential Construction
New construction and substantial improvement of any commercial, .
industrial, or other nonresidential structure shall either have the
lowest floor, including basement, elevated to or above the base flood
elevation; or, together with attendant utility and sanitary facilities,
shall:
1. be floodproofed so that below the base flood level the structure is
watertight with walls substantially impermeable to the passage of water;
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2. have structural components capable of resisting hydrostatic and
hydrodynamic loads and effects of bouyancy; and
3. be certified by a registered professional engineer or architect that
the standards of this subsection are satisfied. Such certifications
shall be provided to the official as set forth in Section 4.3-3(2) .
Section 6.0 . Variance Procedure
6:1 Board of Zoning Appeals
1.. The Board of Zoning Appeals, as established by the Town Board shall hear
and decide appeals, from the requirements. of this local law.
2. The Board of Zoning Appeals shall hear and decide appeals when it is alleged
there is an error in any requirement,-decision, or determination made by
the Zoning Officer in enforcement or administration of this local .
law.
3. Those aggrieved by the decision of the Zoning Officer, or any
taxpayer, may appeal such decision to the supreme court as provided in
the New York State Constitution, Article VI, Section 2.
4. In passing upon such applications, the Board of Zoning 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 of 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 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
k. the costs of providing governmental services during and after
flood conditions, including maintenance and repair of public
utilities and facilities such as sewer, gas, electrical, and water
systems and streets and bridges.
5. Upon consideration of the factors of Section .6.1(4) and the purposes
of this local law, the Board of Zoning Appeals may attach such conditions to
the granting of variances as it deems necessary to further the purposes
of this local law. .
6. The Zoning Officer shall maintain the records of all appeal actions
including technical information and report any variances to the Federal
Insurance Administration 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 acre in
size contiguous to and surrounded by lots with existing structures
constructed below the base flood level, providing items (a-m) in Section
6.1(4) have been' fully considered. As the lot size increases beyond the
one acre, the technical justification required for issuing the
variance increases.
1. Variances may be issued for the reconstruction. rehabilitation, or
restoration of structures listed on .the National Register of Historic
Places. or the State Inventory 'of Historic Places, without regard to the
procedures set forth in. the remainder of this section.
3. Variances shall not be issued within- any designated _floodway if any
• increase in flood levels during the base flood discharge would result.
4. Variances shall only be issued upon a determination that the
variance is the minimum necessary, considering the flood hazard, to
afford relief.
5. Variances shall only be issued upon:
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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 as identified in Section 6.1(4) or
conflict with existing local laws or ordinances.
6. Any applicant to whom a variance is granted shall be given written
notice that the structure will be permitted to be built with a lowest
floor elevation below the base flood elevation and that the cost of
flood insurance will be commensurate with the increased risk resulting
from lowest floor elevation.
Be it enacted this 8th day of April, 1985 by the Town of Danby of
Tompkins County, New York, to be effective upon filing with the state.
Mary flit?, rnunrilperson
Qnrnthy RnhPrts, rni,nrilperson
�. ,- •�s . Ri r fliPtri rh, rnunri lman
Mildred I _ Miller, Supervisor
- AbcPnt • rnunrilman Fdward Shay
. SEAL
CPq:J14-1Jai._
ATTES . Town CLERK
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(Complete the certification in the paragraph which applies to the filing of this local law and strike out the
matter therein which is not applicable.)
1. (Final adoption by local legislative body only.) •
I hereby certify that the local law annexed hereto,designated as local law No. 4 of 1985...
County
of the City of Danby was duly passed by the Town Board
Town (Name of Legislative Body)
Village
on Apri 1 8 • 19 85 in accordance with the applicable provisions of law.
2. (Passage by local legislative body with approval or no disapproval by Elective Chief Executive Officer,*
or repassage after disapproval.)
I hereby certify that the local law annexed hereto,designated as local law No. of 19
County
•
of the City of
Town was duly passed by the
(Name of Legislative Body)
Village • •
not disapproved
. on 19 and was approved by the
repassed after disapproval Elective Chief Executive Officer*
and was deemed duly adopted on 19 , in accordance with the applicable
provisions of law.
•
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto,designated as local law No. of 19
County
of the Clty of was duly passed by the
• Town (Name of Legislative Body)
Village not disapproved
on 19. and was approved by the
repassed after disapproval Elective Chief Ixecutive Officer,*
on 19 . Such local law was submitted to the people by reason of a
mandatory referendum,and received the affirmative vote of a majority of the qualified electors voting
permissive
general
thereon at the special election held on 19 , in accordance with the appli-
annual
cable provisions of law.
4. (Subject to permissive referendum,and final adoption because no valid petition filed requesting
referendum.)
I hereby certify that the local law annexed hereto,designated as local law No. of 19
County
of the City of f was duly passed by the
Town on
(Name of Legislative Body)
Village not disapproved
19 and was approved by the on
repassed after disapproval Elective Chief Executive Officer*
• 19 . Such local law being subject to a permissive referendum and no
valid petition requesting such referendum having been filed, said local law was deemed duly adopted on
19 , in accordance with the applicable provisions of law.
•
*Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-wide basis
or,if there be none, the chairman of the county legislative body,the mayor of a city or village or the supervisor of a town,
where such officer is vested with power to approve or veto local laws or ordinances.
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5. (City local law concerning Charter recision proposed by petition.) •
I hereby ce 'tiff than the local law,.:u axed hereto, designated as local law No. of 19
of the City of !laving been submitted to referendum pursuant to the
provisions of § 37 of tine ',;unicipal lime Rule Law,and having received the affirmative vote of a majority
of the qualified electors of such city voting thereon at the geneenerral al election held on
g
19 became operative.
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as Local Law No. of 19...... of the
County of , State of New York, 'having been submitted to the Electors at the
General Election of November , 19 , pursuant to subdivisions 5 and 7 of Section 33 of the Muni-
cipal Home Rule Law,and having received the affirmative vote of a majority of the qualified electors of the
cities of said county as a.unit and of a majority of the qualified electors of the towns of said county
considered as a unit voting at said general election, became operative.
(If any other authorized form of final adoption has been followed, please provide an appropriate
certification.)
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.
/7141 , .J 0,
rk of the County le:.slative body,City or Village Clerk or
officer designated by local 1.1'slative body
Date: Apri 1 25, . 1985
_
(Seal), • •
(Certification to 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.
Signature
M ovvte�
Title
Date: ay►r
� s� � � e -Utunty
Town
Page 3
(Please Use this Form for Filing your Local Law with the Secretary of State)
Text of law should be given as amended. Do not include matter being
eliminated and do not use italics or underlining to indicate new matter.
County
City of Leahy
Town
Village •
Local Law No. 4 of the year 1985
A local law ....trz..nstabli.sh..Flamd...Dama.ge..P.reuent i.oa
amen title)
Be it enacted by the Tawn...Bo.ar.d of the
(Name d Legislative Body)
County
{:l"' of Danby • as follows:
Town •
Village
Section 1.0 .Statutory Authorization and Purpose
1.1 Statutory Authorization
The People of the State of New York have in the New York State
Constitution, Article IX, Section 2,, delegated the responsibility to
local governmental units to adopt regulations designed'to.promote the
public health, safety,..and: general-welfare; of:. its..citizenry. . Therefore,
be it enacted by the Town Board of .the "Town:-of,Danby, -New -York as.
:follows:
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. Protect human life and health;
2. Minimize expenditure of public money for costly flood control projects;
3. Minimize the need for rescue and relief efforts associated with flooding and
generally undertaken at the expense of the general public;
4. Minimize prolonged business interruptions;
5. Minimize damage to public facilities and utilities such as water and gas
mains, electric, telephone, and sewer lines, and streets and bridges located in
areas of special flood hazard;
6. 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. Insure that potential buyers are notified that property is in an area of
special flood hazard; and
8. Ensure that those who occupy the areas of special flood hazard assume
If additional space is needed, please attach sheets of the same size as this and number each)"
Page 1
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: (1) a request for a review of,the interpretation of any
provision of this law or (2) a request for a variance.
Area of special flood hazard: the land in the flood plain within a
community subject to a one percent or greater chance of flooding in any
given year. •
Base flood: the flood having a one percent chance of being equaled or
exceeded in any given year.
Development: any man-made change to improved or unimproved real estate,
including buildings or other structures, mining, dredging, filling,
paving excavation or drilling operations.
Flood or Flooding: a general and temporary condition of partial or
• complete inundation of normally dry land areas from:
(1) the overflow of inland or tidal waters or
(2) the unusual and rapid accumulation or runoff of surface waters
from any source. •
Flood Insurance Rate Map (FIRM) : the official map issued by the Federal
Insurance Administration where the areas of special flood hazard have
been designated. Zone A.
Lowest Floor: lowest level including- basement, crawlspace, or garage of
lowest enclosed area.
Mobile Home: a structure that is transportable in one or more sections,
built on a permanent chassis, and designed to be used with or without a
permanent foundation when connected to the required utilities. It does
not include recreational vehicles or travel trailers.
Structure: a walled and roofed building, a mobile home, or a gas or
liquid storage tank, that is principally above ground.
Substantial improvement: any repair, reconstruction, or improvement of a
structure, the cost of which equals or exceeds 50 percent of the market
value of the structure either:
(1) before the improvement or repair is started, or
(2) if the structure has been damaged and is being restored, before
the damage occurred.
For the purposes of this definition substantial improvement is
considered to occur when the first alteration of any wall, ceiling,
floor, or other structural part of the building commences, whether or
not that alteration affects the external dimensions of the structure.
The term does not, however, include either:.
(1) any project for improvement of a structure to comply with
existing state or local health, sanitary, or safety code
specifications which are solely necessary to assure safe living
conditions, or
(2) any alteration of a structure listed on the National Register of
Historic Places or a State Inventory of Historic Places.
Variance: a grant of relief from the requirements of this local law
which permits construction in a manner that would otherwise be
prohibited by this local. law.
Page 2
Section 3.0 General 'Provisions
3.1. Lands to Which this Local Law Applies
This local law applies to all areas of special flood hazards with 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 Insurance
Administration on its Flood Insurance Rate Map (FIRM) , No. H 01-06,
dated June 25, 1976, and any revisions thereto, are adopted by
reference and declared. to be a part of this local law. The FHBM is on
file at Town Clerk's Office, 1830 Danby Road.
3.3 Interpretation, Conflict with Other Regulations
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, or the general welfare. Whenever the
requirements of this section are at variance with the requirements of
any other lawfully adopted rules, regulations, or ordinances, the most
restrictive, or that imposing the higher standards, shall govern.
3.4 Validity
The invalidity of any section or provision of this local law shall not
invalidate any other section or provision thereof.
3.5 Penalties for Noncompliance
No structure or land shall hereafter be constructed, located, extended,
converted, or altered without full compliance with the terms of this
local law and other applicable regulations. Violation of the provisions
of this.'local law by failure to comply with any of its requirements
(including violations of conditions and safeguards established in
connection with conditions) shall constitute a misdemeanor. Any person
who violates this local law or fails to comply with any of its
requirements shall, upon conviction thereof, be fined not more than
$250 or imprisoned for not more than thirty days. or both for each
violation and, in addition, shall pay all, costs and expenses involved in
the case. Nothing herein contained shall prevent the Town Board from
taking such other lawful action as necessary to prevent or remedy a
violation.
Section 4.0 Administration
•
4.1 Establishment of Development Permit
A Development Permit shall be obtained before construction or
development begins within any area of special flood hazard established
in Section 3.2. Application for a Development Permit shall be made on
forms furnished by the Zoning Officer, and may include: plans drawn to
scale showing the nature, location, dimensions, and elevations of the
area in question; existing or proposed structures, fill, storage of
materials, drainage facilities; and any other materials the Zoning
Officer deems necessary to evaluate the proposal.
4.2 Designation of the Zoning Officer
The Zoning Officer is hereby appointed to administer, and implement this
local law by granting or denying development permit`applications in
accordance with its provisions.
4.3 Duties and Responsibilities of the Zoning Officer
Duties of the Zoning Officer include the following:
4.3-1 Permit Review
1. Review all applications to determine that the permit requirements of this
local law have been satisfied.
Page 3 .
•
2. Review all applications to determine that all necessary permits have been
• obtained from those federal, state, or other local governmental agencies from
which prior approval is required.
3. Review all development permits to determine if the proposed
•
development adversely affects the flood carrying capacity of the area of '
special flood hazard. For the purposes of this local law, "adversely
affects" means damage' to adjacent properties because of rises in flood
stages attributed to physical changes of the channel and the adjacent
overbank areas.
(i) If it is determined that there is no adverse effect, then the
permit shall be granted consistent -with the provisions of this local
law.
(ii) If it is determined that there is an adverse effect, then flood
damage mitigation measures shall be made a condition of the permit.
4.3-2 Use of Other Base Flood Data
When base. flood elevation data-has not been provided in accordance with
Section 3.2, Basis fortEstablishing the Areas of Special Flood Hazard,
•
the Zoning Officer shall obtain, review and 'reasonably utilize any
• base flood elevation data available from a Federal, State, or other
source, in order to administer Section 5.2, Specific Standards.
•
4.3-3 Information to be Obtained .and Maintained
1. Obtain and record the actual elevation (in relation to mean sea
level) of the lowest floor (including basement) of .all new or
substantially improved structures, and whether or not the structure
contains a basement.
2. For• all new or substantially improved floodproofed structures:
(i) obtain and record the actual elevation (in relation to mean
sea level) to which. the structure has been floodproofed.
(ii). maintain the floodproofing certifications required in Section
5.2-2(3) .
•
3. Maintain for, public inspection all records pertaining to the
provisions of this local law.
4.3-4 Alteration of Watercourses
1. Notify adjacent communities and the New York State Department of
Environmental Conservation prior ,to any alteration or relocation of a
watercourse, •and submit evidence of such notification to the Federal
Insurance Administration.
2. Require that maintenance is provided within the altered or relocated •
.portion of said'watercourse so that the flood carrying capacity is not
diminished.
4.3-5 , Interpretation of FIRM Boundaries •
Make interpretaions where needed, as to the exact location of the
boundaries of the areas of special flood hazards (for example, where
there appears to be a conflict between-a mapped boundary and actual
field conditions) .
•
Section 5.0 Provisions for Flood Hazard Reduction .
5.1 General Standards
In all areas .of special flood hazards the following additional site, plan review
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.
Page 4
•
2. All mobile homes and any additions thereto shall be anchored to resist
flotation, collapse, or lateral movement by providing an anchoring system
designed to withstand a wind force of 145km/90 miles per hour. (An error: •
Standard cannot be met) .
5.1.2 Construction 'Materials and Methods
1. All new construction and substantial improvements shall be
constructed with materials and utility equipment resistant to flood
damage.
•
2. All new construction and substantial improvements shall be •
constructed using methods and practices that minimize flood damage.
5.1.3 Utilities
1. All new and replacement water supply systems shall be designed to minimize
or eliminate infiltration of flood waters into the system;
2. New and replacement sanitary sewage. systems shall be designed to minimize or
eliminate infiltration of floodwaters into the systems and discharge from the
systems into flood waters; and
3. On-site waste disposal systems .shall be located to avoid impairment to or
contamination from them during flooding.
5.1.4 Subdivision Proposals
1. . All'subdivision proposals shall be consistent with the need to-minimize
flood damage;
2. All subdivision proposals shall have public utilities and facilities such as
sewer, gas, electrical, and water systems located and constructed to minimize
• flood damage;
3. All subdivision proposals shall have adequate drainage provided to reduce
exposure to flood damage; and.
4. Base flood elevation data shall be provided for subdivision proposals -
and other proposed, development which contain at least 50 lots or an
area of 2 ha or 5 acres (whichever is less) .
5,.1.5 Encroachments
Any proposed development shall be analyzed to determine effects on the flood
carrying capacity of the-area of special flood hazard as set forth in Section '
4.3-1(3) , Permit Review.
5.2 Specific Standards
In all areas of special flood hazards where base flood elevation data
has been provided as set forth in Section 4.3-2, Use of Other Base Flood
Data, the following standards are required:
•
5.2-1 Residential Construction
New construction and substantial improvements of any residential
structure shall have the lowest floor, including basement, elevated to
or above the base flood elevation.
5.2-2 Nonresidential Construction
New construction and substantial improvement of any commercial,
industrial, or other' nonresidential structure shall either have the
lowest floor, including basement, elevated to or above the base flood
elevation; or, together with attendant utility and sanitary facilities,
. shall:
1. be floodproofed so that below the base flood level the structure is
watertight with walls substantially impermeable to the passage of water;
•
Page 5
•
2. have structural components capable of resisting hydrostatic and
hydrodynamic loads and effects of bouyancy; and
3. be certified. by a registered professional engineer or architect that
the standards of this subsection are satisfied. Such. certifications
shall be provided to the official as set forth in Section 4.3-3(2) .
Section 6.0 . Variance Procedure •
•
6:1 Board of Zoning Appeals
•
1. The Board of Zoning Appeals, as established by the Town Board shall hear
and decide appeals. from the requirements. of this local law. •
2. The Board of Zoning Appeals shall hear and decide appeals when it is alleged
•
there is an error in any requirement, 'decision, or determination made by
the Zoning Officer in enforcement or administration of this local
law. '
•
'3. Those aggrieved by the decision of the Zoning Officer, or any
taxpayer, may appeal such decision to the supreme court as provided in '
the New York State. Constitution, Article VI, Section 2.
4. In passing upon such applications, the Board of Zoning 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 of ,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 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
k. the costs of providing governmental services during and after
flood conditions, including maintenance and repair of public
utilities and facilities such as sewer, gas, electrical, and water
systems and streets and bridges.
•
5. Upon consideration of the factors of Section 6.1(4) and the purposes
of this local law, the Board of Zoning Appeals may attach such conditions to
the granting of variances as it deems necessary to further the purposes
of this local law. '
6. The Zoning Officer shall -maintain the.records .of all appeal actions
.including technical information and report any variances to the Federal
Insurance Administration upon request.
Page 6
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 acre in
. size contiguous to and surrounded by lots with existing structures
constructed below the base flood level, providing items (a-m) in Section
6.1(4) have been fully considered. As the lot size increases beyond the
one acre, the technical justification required for issuing the
variance increases.
1. Variances may be issued for the reconstruction.' rehabilitation, or
restoration of structures listed on the National Register of Historic
Placgs..or the State Inventory of Historic Places, without regard to the
procedures set forth in 'the remainder of this section.
3. Variances shall not be issued within any designated floodway if any
increase in flood levels during the base flood discharge would result.
•
4. Variances shall only be issued upon a determination that the
variance is the minimum necessary, considering the flood hazard, to
afford relief.
•
•
5. Variances shall only be issued upon:
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 as identified in Section 6.1(4) or
conflict with existing local laws or ordinances. .
. 6. Any applicant to whom a variance is granted shall be given written
notice that the structure will be permitted to be built with a lowest
floor elevation below the base flood elevation and that the cost .of
flood insurance will be commensurate with the increased risk resulting
from lowest floor elevation.
Be it enacted this 8th day of April, 1985 by the Town of Danby of
Tompkins County, New York, to be effective upon filing with the state.
Mary flt7, Cnunrilperson
•
flnrnthy Rnhprts, Cnuari ]person
• Ric fliptrich, Cnunci irnan
•
" • Mildred 1 _ Mi1lPr, Supervisor
C
=% - Ahspnt: Cnuncilman Fdwar1 Shay
.
•�•..,���. SEAL
ATTES . Town CLERK
•
Page 7
•
•
(Complete the certification in the paragraph which applies to the filing of this local law and strike out the.
matter therein which is not applicable.) •
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto,designated as local law No. 4 of 19$`J....
County
of the City of Darby was duly passed by the Town Board
Town (Name of Legislative Body)
Village
on
April 8 19 85 in accordance with the applicable provisions of law.
2. (Passage by local legislative body with approval or no disapproval by Elective Chief Executive Officer,*
or repassage after disapproval.)
I hereby certify that the local law annexed hereto,designated as local law No. of 19
County
City
of the Town of was duly passed by the •
• (Name of Legislative Body)
Village
not disapproved
' . on 19 and was approved • by the
repassed after disapproval Elective Chief Executive Officer *
and was deemed duly adopted on 19 ,:in accordance with the applicable
provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto,designated as local law No. of 19
County
of the
City of was duly passed by the
Town (Name of Legislative Body)
Village not disapproved -
on 19 and was approved by the
repassed after disapproval Elective Chief Txecutiye Officer
on 19 . Such local law was submitted to the people by reason of a
mandatory referendum,and received the affirmative vote of a majority of the qualified electors voting
permissive
general
thereon at the special election held on 19 , in accordance'with the appli-
annual -
cable provisions of law.
•
4. (Subject to permissive referendum,and final adoption because no valid petition filed requesting
referendum.)
I hereby certify that the local law annexed hereto,designated as local law No. of 19
•
County
of the City of was duly passed by the on
Town (Name of Legislative Body)
Village not disapproved
19 and was approved by the on
repassed after disapproval Elective Chief Executive Officer*
19 Such local law being subject to a permissive referendum and no
valid petition requesting such referendum having been filed, said local law was deemed duly adopted on
19 , in accordance with the applicable provisions of law.
•
*Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-wide basis
or,if there be none, the chairman of the county legislative body,the mayor of a city or village or the supervisor of a town,
where such officer is vested with power to approve or veto local laws or ordinances.
Page 2
5. (City local law concerning Charter reti ision proposed by petition.) .
I hereby tliaL Ulu lo,:r:; IJw ,',Griexed hereto, designated as local law No.. of 19
of the City of hiving been submitted to referendum pursuant to the
provisions of § 37 of litc ',iunicip�l Ik ine Rule Law,and Laving received the affirmative vote of a majority
special
of the qualified electors of such city voting thereon at the general election held on
19 became operative.
6. (County local law concerning adoption of Charter.) •
I hereby certify that the local law annexed hereto, designated as Local Law No. of 19...... of the
County of , State of New York, 'having been submitted to the Electors at the
General Election of November , 19 pursuant to subdivisions 5 and 7 of Section 33 of the Muni-
cipal Home Rule Law,and having received the affirmative vote of a majority of the qualified electors of the
cities of said county as a unit and of a majority of the qualified electors of the towns, of said county
considered as a unit voting at said general election, became operative.
(If any other authorized form of final adoption has been followed, please provide an appropriate
certification.)
J 1 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.
i nfiQ
rk of the County le;, ative body,City or Village Clerk or
officer designated by local 1 slative body
Date: Apri 1' 25, 1985
(Seal)
(Certification to 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.
•
)6(AAA.,,e/t, 0 , 0
Signature
%vIlI/tec.
Title
_ Date: Girt 2S1 , cl e
of 1--)Gt_
Town
Page 3
•
•
•
(Please Use this Form for Filing your Local Law with the Secretary of State) •
Text of law should be given as amended. Do not include matter being
eliminated and do not use italics or underlining to indicate new matter.
County
•
Town
of Aa�tby
age
Local Law No. • 4 ...................... of the year 1985
A local law ....t.a..establ i glz..Fiorad..Aamaget t) i am
•
•
Be it enacted by the 000.0.. Tawn...Board ..._........08.00......._ of the
thane at Legiolative Hay)
County
it; of ......... Danby as follows:
Section 1.0 Statutory Authorization and Purpose
1.1 Statutory Authorization
The People 'of the State of New York have in the New York State
Constitution, Article IX, Section 2,, delegated the responsibility to
local governmental units to adopt regulations 'designed to:promote the
public health, safety, and general: welfare:of its.:citizenry.'• Therefore,
be it enacted by the Town Board •of -the Town.:of.Danby, -New--..York as.
.follows:
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. Protect human life and health;
2. Minimize expenditure' of public money for costly flood control projects;
3. Minimize the need for rescue and relief efforts associated with flooding and
generally undertaken at the expense of the general public;
4. Minimize prolonged business interruptions;
5. Minimize damage to public facilities and utilities such as water 'and gas
mains, electric, telephone, and sewer lines, and streets and bridges located in
areas of special flood hazard;
6. Help maintain a ..t:.ble 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. Insure that potential buyers are notified that property is in an area of
special flood hazard; and
8. Ensure that those who occupy the areas of special flood hazard assume
If additional s•ace is needed 'lease attach sheets of the same size as this and number each)
Page 1
0000.. r. •„, ,... .,
•
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: (1) a request for a review of the interpretation of any
provision of this law or (2) a request for a variance.
Area of special flood hazard: the land in the flood plain within a
community subject to c one percent or greater chance of flooding in any
given year.
Base flood: the flood having a one percent chance of being equaled or
exceeded in any given year.
Development: any man-made change to improved or unimproved real estate,
including buildings or other structures, mining, dredging, filling,
paving excavation or drilling operations.
Flood or Flooding: a general and temporary condition of partial or
• complete inundation of normally dry land areas from:
(1) the overflow of inland or tidal waters or
(2) the unusual and rapid accumulation or runoff of surface waters
from any source.
Flood Insurance Rate Map (FIRM) : the official map issued by the Federal
Insurance Administration where the areas of special flood hazard have
been designated Zone A.
Lowest Floor: lowest level including basement, crawlspace, or garage of
lowest enclosed area.
Mobile Home: a structure that is transportable in one or more sections,
built on a permanent chassis, and designed to be used with or without a
permanent foundation when connected to the required utilities. It does
not include recreational vehicles or travel trailers.
Structure: a walled and roofed building, a mobile home, or a gas or
liquid storage tank, that is principally above ground.
Substantial improvement: any repair, reconstruction, or improvement of a
structure, the cost of which equals or exceeds 50 percent of the market
value of the structure either:
(1) before the improvement or repair is started, or
(2) if the structure has been damaged and is being restored, before
the damage occurred.
For the purposes of this definition substantial improvement is
considered to occur when the first alteration of any wall, ceiling,
floor, or other structural part of the building commences, whether or
not that alteration affects the external dimensions of the structure.
The term does not, however, include either:
(1) any project for improvement of 'a-structure to comply with
existing state or local health, sanitary, or safety code
specifications which are solely necessary to assure safe living
conditions, or
(2) any alteration of a structure listed on the National Register of
Historic Places or a State Inventory of Historic Places.
Variance: a grant of relief from the requirements of this local law
which permits construction in a manner that would otherwise be
prohibited by this local, law.
Page 2
•
Section 3.0 General Provisions
3.1 Lands to Which this Local Law Applies
This local law applies to all areas of special flood hazards with 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 Insurance
Administration on its Flood Insurance Rate Map (FIRM) , No. H 01-06,
dated June 25, 1976, and any revisions thereto, are adopted by
reference and declared to be a part of this local. law. The FHBM is on
file at Town Clerk's Office, 1830 Danby Road.
3.3 Interpretation, Conflict with Other Regulations
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, or the general welfare. Whenever the
requirements of this section are at variance with the requirements of
any other lawfully adopted rules, regulations, or ordinances, the most
restrictive, or that imposing the higher standards, shall govern.
3.4 Validity
The invalidity of any section or provision of this local law shall not
invalidate any other section or provision thereof.
3.5 Penalties for Noncompliance
No structure or land shall hereafter be constructed, located, extended,
converted, or altered without full compliance with the terms of this
local law and other applicable regulations. Violation of the provisions
of this local law by failure to comply with any of its requirements
(including violations of conditions and safeguards established in
connection with conditions) shall constitute a misdemeanor. Any person
who violates this local law or fails to comply with any of its
requirements shall, upon conviction thereof, be fined not more than
$250 or imprisoned for not more than thirty days or both for each
violation and, in addition, shall pay all costs and expenses involved in
the case. Nothing herein contained shall prevent the Town Board from
taking such other lawful action as necessary to prevent or remedy a
violation.
Section 4.0 Administration
4.1 Establishment of Development Permit
A Development Permit shall be obtained before construction or
development begins within any area of special flood hazard established
in Section 3.2. Application for a Development Permit shall be made on
forms furnished by the Zoning Officer, and may include: plans drawn to
scale showing the nature, location, dimensions, and elevations of the
area in question; existing or proposed structures, fill, storage of
materials, drainage facilities; and any other materials the Zoning
Officer deems necessary to evaluate the proposal.
4.2 Designation of the Zoning Officer
The Zoning Officer is hereby appointed to-administer and implement this
local law by granting or denying development permit applications in
accordance with its provisions.
4.3 Duties and Responsibilities of the Zoning Officer
Duties of the Zoning Officer include the following:
4.3-1 Permit Review
1. Review all applications to determine that the permit requirements of this
local law have been satisfied.
Page 3
2. Review all applications to determine that all necessary permits have been
obtained from those federal, state, or other local governmental agencies from
which prior approval is required. ,_.
3. Review all development permits to determine if the proposed
development adversely affects the flood carrying capacity of the area of
special flood hazard. For the purposes of this local law, "adversely
affects" means damage to adjacent properties because of rises in flood
stages attributed to physical changes of the channel and the adjacent
overbank areas.
(i) If it is determined that there is no adverse effect, then the
permit shall be granted consistent with the provisions of this local
law.
(ii) If it is determined that there is an adverse effect, then flood
damage mitigation measures shall be made a condition of the permit.
4.3-2 Use of Other Base Flood Data
When base flood elevation data has not been provided in accordance with
Section 3.2, Basis for Establishing the Areas of Special Flood Hazard,
the Zoning Officer shall obtain, review and reasonably utilize any
base flood elevation data available from a Federal, State, or other
source, in order to administer Section 5.2, Specific Standards.
4.3-3 Information to be Obtained and Maintained
1. Obtain and record the actual elevation (in relation to mean sea
level) of the lowest floor (including basement) of all new or
substantially improved structures, and whether or not the structure
contains a basement.
2. For all new or substantially improved floodproofed structures:
(i) obtain and record the actual elevation (in relation to mean
sea level) to which the structure has been floodproofed.
(ii) maintain the floodproofing certifications required in Section
5.2-2(3) .
3. Maintain for public inspection all records pertaining to the
provisions of this local law.
4.3-4 Alteration of Watercourses
1. - Notify adjacent communities and the New York State Department of
Environmental Conservation prior to any alteration or relocation of a
watercourse, and submit evidence of such notification to the Federal
Insurance Administration.
2. Require that maintenance is provided within the altered or relocated
p o rtion of said watercourse so that the flood carrying capacity is not
diminished.
4.3-5 Interpretation of FIRM Boundaries
Make interpretaions where needed, as to the exact location of the
boundaries of the areas of special flood hazards (for example, where
there appears to be a conflict between a-mapped boundary and actual
field conditions) .
Section 5.0 Provisions for Flood Hazard Reduction
5.1 General Standards
In all areas of special flood hazards the following additional site plan review
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.
Page 4
•
. All mobile homes and any additions thereto shall be anchored to resist
flotation, collapse, or lateral movement by providing an anchoring system
designed to withstand a wind force of 145km/90 miles per hour. (An error.
Standard cannot be met).
5.1.2 Construction Materials and Methods
1. All new construction and substantial improvements shall be
constructed with materials and utility equipment resistant to flood
damage.
2. All new construction and substantial improvements shall be
constructed using methods and practices that minimize flood damage.
5.1.3 Utilities
1. All new and replacement water supply systems shall be designed to minimize
or eliminate infiltration of flood waters into the system;
2. New and replacement sanitary sewage systems shall be designed to minimize or
eliminate infiltration of flood waters into the systems and discharge from the
systems into flood waters; and
3. On-site waste disposal systems shall be located to avoid impairment to or
contamination from them during flooding.
5.1.4 Subdivision Proposals
1. All subdivision proposals shall be consistent with the need to minimize
flood damage;
2. All subdivision proposals shall have public utilities and facilities such as
sewer, gas, electrical, and water systems located and constructed to minimize
flood damage;
3. All subdivision proposals shall have adequate drainage provided to reduce
exposure to flood damage; and .
4. Base flood elevation data shall be provided for subdivision proposals
and other proposed development which contain at least 50 lots or an
area of 2 ha or 5 acres (whichever is less).
5.1.5 Encroachments
Any proposed development shall be analyzed to determine effects on the flood
carrying capacity of the.area of special flood hazard as set forth in Section
4.3-1(3), Permit Review.
5.2 Specific Standards
In all areas of special flood hazards where base flood elevation data
has been provided as set forth in Section 4.3-2, Use of Other Base Flood
Data, the following standards are required:
5.2-1 Residential Construction
New construction and substantial improvements of any residential
structure shall have the lowest floor, including basement, elevated to
or above the base flood elevation.
5.2-2 Nonresidential Construction
New construction and substantial improvement of any commercial,
industrial, or other nonresidential structure shall either have the
lowest floor, including basement, elevated to or above the base flood
elevation; or, together with attendant utility and sanitary facilities,
shall:
1. be floodproofed so that below the base flood level the structure is
watertight with walls substantially impermeable to the passage of water;
Page 5
•
2. have structural components capable of resisting hydrostatic and
hydrodynamic loads and effects of bouyancy; and
3. be certified by a registered professional engineer or architect that
the standards of this subsection are satisfied. Such certifications
shall be provided to the official as set forth in Section 4.3-3(2) .
Section 6.0 . Variance Procedure .
6.1 Board of Zoning Appeals
1. The Board of Zoning Appeals, as established by the Town Board shall hear
and decide appeals from the requirements. of this local law.
2. The Board of Zoning Appeals shall hear and decide appeals when it is alleged
there is an error in any requirement, decision, or determination made by
the Zoning Officer in enforcement or administration of this local
law.
3. Those aggrieved by the decision of the Zoning Officer, or any
taxpayer, may appeal such decision to the supreme court as provided in
the New York State Constitution, Article VI, Section 2.
4. In passing upon such applications, the Board of Zoning 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 of 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 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
k. the costs of providing governmental services during and after
flood conditions, including maintenance and repair of public
utilities and facilities such as sewer, gas, electrical, and water
systems and streets and bridges.
5. Upon consideration of the factors of Section 6.1(4) and the purposes
of this local law, the Board of Zoning Appeals may attach such conditions to
the granting of variances as it deems necessary to further the purposes
of this local law.
6. The Zoning Officer shall maintain the records of all appeal actions
including technical information and report any variances to the Federal
Insurance Administration 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 acre in
size contiguous to and surrounded by lots with existing structures
constructed below the base flood level, providing items (a-m) in Section
6.1(4) have been fully considered. As the lot size increases beyond the
one acre, the technical justification required for issuing the
variance increases.
1. Variances may be issued for the reconstruction. rehabilitation, or
restoration of structures listed on the National Register of Historic
Placqs or the State .Inventory of Historic Places, without regard to the
procedures set forth in the remainder of this section.
3. Variances shall not be issued within any designated floodway if any
increase in flood levels during the base flood discharge would result.
4. Variances shall only be issued upon a determination that the
variance is the minimum necessary, considering the flood hazard, to
afford relief.
5. Variances shall only be issued upon:
•
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 as identified in Section 6.1(4) or
conflict with existing local laws or ordinances.
6. Any applicant to whom a variance is granted shall be given written
notice that the structure will be permitted to be built with a lowest
floor elevation below the base flood elevation and that the cost of
flood insurance will be commensurate with the increased risk resulting
from lowest floor elevation.
Be it enacted this 8th day of April, 1985 by the Town of Danby of
Tompkins County, New York, to be effective upon filing with the state.
Mary flltz, Cniin,Ci 1percoa
flnrnthy RnhPrtc• Cnunrilpersnn
A,:� Ric fliPtrich, Cougri loran
Mi ldrPd I _ Mi 1 lPr, SiipPrvisnr
AhcPnt foun-i'marl Friward shay
SEAL
•
ATTES parLi
Town CLERK
Page 7
•
(Complete the certification in the paragraph which applies to the filing of this local law and strike out the
matter therein which is not applicable.)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto,designated as local law No. 4 of 190....
County
of the City of f Darby Town Board
was duly passed by the
Town (Name of Legislative Body)
Village
on
April 8 19 85 in accordance with the applicable provisions of law. •
2. (Passage by local legislative body with approval or no disapproval.by Elective Chief Executive Officer,*
or repassage after disapproval.)
I hereby certify that the local law annexed hereto,designated as local law No. of 19
County
of the City of
Town was duly passed by the
(Name of Legislative Body)•
Village
not disapproved
. on .19 and was approved by the
repassed after disapproval Elective Chief Executive Officer
and was deemed duly adopted on 19 , in accordance with the applicable
provisions of law.
3. (Final adoption by referendum.) •
I hereby certify that the local law annexed hereto,designated as local law No. of 19
County
of the City of was duly passed by the
Town (Name of Legislative Body)
Village not disapproved
on 19 and was approved by the
repassed after disapproval Elective Chief kxecutive Officer*
on 19 . Such local law was submitted to the people by reason of a
mandatory referendum,and received the affirmative vote of a majority of the qualified electors voting
permissive
general
thereon at the special election held on 19 , in accordance with the appli-
annual
cable provisions of law.
4. (Subject to permissive referendum,and final adoption because no valid petition filed requesting
referendum.)
I hereby certify that the local law annexed hereto,designated as local law No. of 19
County
of the City o f was duly passed by the
Town on
(Name of Legislative Body)
Village not disapproved
19 and was approved, , by the on
repassed after disapproval Elective Chief Executive"Officer*`
19 . Such local law being subject to a permissive referendum and no
valid petition requesting such referendum having been filed, said local law was deemed duly adopted on
19 , in accordance with the applicable provisions of law.
•
•
*Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-wide basis
or, if there be none, the chairman of the county legislative body,the mayor of a city or village or the supervisor of a town,
where such officer is vested with power to approve or veto local laws or ordinances.
Page 2
/1•
•
5. (City local law concerning Charter re■ision proposed by petition.)
• I hereby ce;.tif that the loc.al la%1 :;hexed hereto,designated as local law No. • of 19
of the City of having been submitted to referendum pursuant to the
provisions of § 37 of Lilt N;unicipallkwe Rule Law,and having received the affirmative vote of a majority
of the qualified electors of such city voting thereon at the special election held on
general
19 became operative.._-
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as Local Law No. of 19...... of the
County of State of New York, having been submitted to the Electors at the
General Election of November , 19 , pursuant to subdivisions 5 and.7 of Section 33 of the Muni-
cipal Home Rule Law,and having received the affirmative vote of a majority of the qualified electors of the
cities of said county as a unit and of a majority of the qualified electors of the towns of said county
considered as a unit voting at said general election, became operative. •
(If any other authorized form of final adoption has been followed, please provide an appropriate
certification.)
Bili " l 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.
rk of the County le the body,City or Village Cloak or
officer designated by local l alive body
Date: April 25, 1985 •
•
(Seal)
(Certification to 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 Jaw annexed hereto.
16,
Signature
A;to ej
Title
Date: a Or t I .2 CI 19 e Cmunty V��� •
Town
of
Page 3