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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: • Sincerely, ‘4")"."7"44.--1 4'74r-4-'° Enunazine Lindsay Head Clerk Enc. State Records and Lay. Bureau 3P.?Chi4 Op1 19I&31 i • (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 • • 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) 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 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 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. . 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 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. 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 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: • 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 • 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 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. Page 2 • • • 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. 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 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