HomeMy WebLinkAbout1987 LL 09 - Flood Damage Prevention (Please Use this Form for Filing your Local Law with the Secretary of State)
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Ithaca
Townof..»».....».........»...................................................................................................
Local Law No...................9 7
...................................of the year 19............
FOR FLOOD DAY-AGE PREVENTION
Alural law....1�................................................................................. .............»».............................»...............».......,»...........
(l .n Wo)
as authorized by the New York State Constitution, Article IX,
Section 2, and Environmental Conservation Law, Article 36
Beit enacted by the ...................Town..............Board.............................................»....»....»....»..................................of the
(Mme of 1ASIMIalve DOM
.........I...... .
. . .........................................Ia.c.a.th ..................... . ..
.. ............ .... ....................... as follows:
Town ..... .............
am
Section 1. Article XV of the Zoning Ordinance of the Town of
Ithaca, .which Article was added to such ordinance by Local Law
#5 of the year 1985 be and the same is hereby amended to read
as set forth below;
J"
tf additions! s see is needed lease attach>heets of the same size as this and number each)
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SECTION 1.0
STATUTORY AUTHORIZATION AND PURPOSE
1.1 FINDIM5S
The ToWA Board of the Town of Ithaca finds that the poten-
tial at,,ijor actual damages from flooding and erosion may be
, a problem to the residents of the Town of Ithaca and that
such damages may include: destruction or loss of private and
public housing, damage to public facilities, both publicly
and privately owned, and injury to and los;= of human life.
In order to- minimize the threat of such damages and to
achieve the purposes and objectives hereinafter set forth,
this local law is adopted.
1.2 STATEMENT OF PURPOSE
It is the purpose of this local- law to promote the public
health, safety, and general welfare, and to minimi:ac� public
and private losses due to flood conditions in specific
areas by provisions designed to:
(1) regulate uses which are dangerous to health, safety
and property due to water or erosion hazards, or which
result in damaging increases in .erosion or in flood
heights or velocities; r
(2) rewire that uses vulnerable to floods, including
facilities which serve such uses, be protected against
flood damage at the time of initial construction;
(3) control the alteration of natural flood plains, stream
c ��nnels, and natural protective barriers which are
involved in the accommodation of flood waters;
(4) control filling, grading, dredging and other
development which may increase erosion or flood
damages;
(5) regulate the construction of flood barriers which will.
unnaturally divert flood waters or which may increase
flood hazards to other lands, and;
(6) qualify and maintain eligibility for participation in
the Rational Flood Insurance Program.
1,3 OBJECTIVES
The objectives of this local law are:
(1) to protect human life and health;
(2) to minimize expenditure of public money for costly
flood control projects;
(3) to .inimize the need for rescue and relief efforts
assvq-Rated with flooding and generally undertaken at
the expense of the general public;
(4) to minimize prolonged bus 4iess interruptions;
(5) to minimize damage to public facilities and utilities
such as water and gas mains, electric, telep4one, sewer
lines, streets and bridges located in areas of special,
flood hazard;
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(6) to help maintain a stable tax base by providing for the
sound use and development of areas of special flood
hazard so as to minimize future flood blight areas;
(7) to provide that developers are notified that property
is in an area of special flood hazard; and,
(8) to ensure that those who occupy the areas of special
flood hazard assume responsibility for their actions.
SECTION 2.0
DEFINITIONS
Unless specifically.defined below, words or. phrases used in this
local law shall be interpreted so as to give them the mean ing
they have in common usage and to give this local law its iw,-;t
rea.so-cable application.
fAppe = means a request for a review of the Building Inspectorl's
interpretation of any provision of this Local Law or a request
for a variance.
"Area of, shazloW flooding means a designated AO or VO Zone on a
community°s Flood Insurance Rate Map (FIRM) with base flood
depths from one to three feet where a clearly defined channel
does not exist, where the path of flooding is unpredictable and
indeterminate, and where velocity flow -may be evident.
"Area iof! special flood hazard," is the land "in the floodplain
within a community subject to a one percent or greater change of
flooding- 17,1 any given year. This area may be designated as Zone
A, AE, AFI, AO, Al-99, V, VO, VE, or x71-30. It is also commonly
referred to as the base floodplain or 100-year floodplain.
"Base fl+ g means the flood having a one percent chance of being
equalled or e ceed in any given year.
I'Basement, means that portion of a building having its floor
subgrade (below ground level) on all sides.
"Building-v means any structure built for support, shelter, or
enclosure for occupancy or storage.
vgeJ2=r - has the same meaning as. "Basement,7
�LTeyeltamze= means any man-made change to improved or unimproved
real estate, incl-,zl- g but net 34mited to buildings or other
structures, mini", dredging, filling, paving, excavation or
drilling operatio:, s located within the area of special flood
hazard.
evate. hmild naO neans a non-basement building. built to have
the lowest floor elevated above the ground level by means of
fill, solid• foundation perimeter walls, pilings, columns (posts
and piers), or shear walls.
"Existing 'manufactured home park or manufactured home subAivi-
s�'onO means a parcel: (or contiguous parcels) of land divid-d into
tvo or more manufactured home for re-Ot or sale for w1h;nh the
c , ,�truction of facilities foi, .ervicix the lot on wh'. .a the
ma ,,aufacttured home is to be affi ,,d (including, at a the
it _'.•,)'Pion of utilities, eitger final site grading or the
poi,* ng of concrete pads, and the construction of streets) is
completed before the effective date of Local Law #5 - 1985.
" oodf gr "F';,,:qdi_ng" means a general and temporary condition of
partial or core„;J,ete inundation of normally dry land areas from:
(1) the overflow of inland or tidal waters;
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(2) the unusual and rapid accumulation or runoff of surface
waters from any source.
OFloac Boundary and Floodway Map (FBFM)" means an official map of
the community published by the Federal Emergency Management
Agency as part of a river in Community's Flood Insurance Study.
The FBFM delineates a Regulator; Floodway along water courses
studied in detail in the Floud Insurance Study.
"Flood Hazard B03jnclary Map (FHBMI" means an official map of a
community, issued by the Federal Emergency Management Agency,
where the boundaries of the areas of special flood hazard have
. been defined but no water surface elevation is provided.
Mood Insurance Rate „Map (FIRM)" means an official map of a
community, on which the Federal Emergency Management Agency has
delineated both the areas of special flood hazard and the risk
premium zones applicable to the community.
Orlood insurance Study is the official report provided by the
Federal Emergency Management Agency. The, report contains flood
profiles, as well as the Flood Boundary Floodway. Map, as eleva-
tions of the base flood.
VF1oodDKo__o ina" means. any combination of structural and non--
structural additions, changes, or adjustments to structures which
reduce. or eliminate flood damage to real estate or improved real
property, water and sanitary facilities, structures and their
contents.
"Elgodwav" - has the same meaning as 'Regulatory Floodway".
fyunctionall d�^,peilent use" means a use which cannot perform its
intended purpose unless it is located or carried out in close
proximity to water, such as a docking or port facility necessary
for the loading and unloading of cargo or passengers, shipbuild-
ing, and ship repair. The term does not include long-term
storage, manufacture, sales, or service facilities.
Lowest Floor" means lowest level including basement, cellar,
crawlspace or garage of the lowest enclosed area.
Manufactured hrane„' means a structure, transportable in one or
more sections, which is built on a permanent chassis and designed
to be used with or without a permanent foundation when connected
to the required utilities. The term also includes park trailers,
travel trailers., and similar transportable structures placed on a
site for 180 consecutive days or longer.
"';(ean Se-` eves means, for purposes of the National Flood
Insurance Program, the National Geodetic Vertical Datum (NGVD) of
1929 or other datum, to which base flood elevations shown on a
community's Flood Insurance Rate Map are referenced.
Jffgw Construction” means structures for which the "start of
construction" commenced on or after the effective date of this
Local Law.
XPrincioa4lly Above Ground" means that at least 51 percent of the
actual cash value of the structure, excluding land value, is
above ground.
Hp,gn .atory F oodX4.5ff means the channel of a river or other
watercourse and the adjacent land areas that must be reserved in
order to discharge the base flood without cumulatively increasing
the water surface elevation more than a designated height as
detenained by the Federal Emergency Management Agency in a Flood
Insurance Study or by other agencies as provided in Section 4.3-2
of this Law.
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xtartof Construction" includes substantial improvement and
means the first placement of permanent construction of a struct-
ure (other than a manufactured home) on a site, such as the
pouring of slabs or footings, the installation of piles, the
construction of columns or any work beyond the stage of excava-
tion. Permanent construction does not include land preparation,
such as clearing, grading, and filling; nor does it include the
installation of streets -and/or walkways; nor does it include
excavation for a basement, footings, piers or foundations or the
erection of temporary forms; nor does it include the installation
on the property of accessory buildings, such as garages or sheds
not occupied as dwelling units or not as part of the main
structure. For manufactured homes, "start of construction" is
the date- on which the construction of facilities for servicing
the site on which the manufactured home is to be affixed (includ-
ing, at a minimum, the coim-truction of streets, either final site
grading or the pouring of,' concrete pads, and installation of
utilities) is commenced but in any event, no later. than the
placement of a manufactured home on a foundation.
11St_ru9t9gr_e_.! means a walled and roofed building, a. manufactured
home, or a gas or liquid storage tank, that is principally above
ground.
I!,gUbstantial means any repair, reconstruction, or
improvement of a struc� 1-re, the cost of which equals or exceeds
50 percent of the market value of the structure either:
(Ij before the improvement or repair is started; or
(2) if the structure has been damaged and is being
restored, before the damage occurred.
For the purposes of this definition "substantial improvement" is
considered to commence when the first alteration of any wall,
coiling,
floor or other structural part of the building com-
mences, whether or not that alteration affects the exteCnal
dimensions of the structure. The term does. not, however, include
either:
(1) any 'project for improvement of a structure to comply
with exist,..Mg state or local building, fire, hea3th,
sanitary, or safety code specifications which are
solely necessary to assure safe living conditions; or
(2) any alteration of a-structure or contributing structure
1-isted on the National Register of Historic Places or a
State Inventory of Historic Places.
vy4rianca! means a grant of relief from the requirements of this
local law which permits construction or use in a manner that
would otherwise be prohibited by this Local Law.
SECTION 3.0
GENERAL PROVISIONS
3.1 LANDS TO WHICH THIS LOCAL LAW APPLIES
This local law shall apply to all areas of special flood
hazards within the jurisdiction of the Town of Ithaca.
3.2 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD
The areas of special flood hazard identified by the
Emergency Management Agency in a scientific and engineering
report entitled "The Flood insurance Study for the Towvi of
Ithaca, of Tompkins County, New York", dated June, 1984,
with accompanying Flood Insurance Rate Mapes and Flood
Boundary, Floodway Maps is hereby adopted and declared to be
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a part of this Local Law. The Flood Insurance Study and
maps are on file at the office of the Town Clerk.
3.3 I.NT•ERP7RETATION, CONFLICT WITH OTHER LAWS
This Local Law is adopted in response to .revisions to the
National Flood Insurance Program effective October 1, 1986
and shall supercede all previous laws adopted for the
purpose of establishing and .maintaining eligibility for
flood insurance.
In their interpretation and application, the provisions of
thi"s. Local Law shall be held to be minimum requirements,
adopted for the promotion of the public health, safety, and
welfare. Whenever the requirements of this local law are at
variance with the. requirements of any other lawfully adopted
rules,, regulations,. or ordinances, the most restrictive, or
that imposing the higher standards, shall govern.
3.4 SEVERABILITY,
The .invaslidity of any section or provision o£ this Local Law
shall not invalidate any other section or provision thereof.
3.5 PENALTIES FOR NON-COMPLIANCE
No development shall occur anv no structure shall hereafter
be constructed, located, extended, converted, or altered and
no land shall be excavated or filled.without full compliance
with the terms of this Local Law and any other applicable
regulations, including receipt of the development permit set
forth below together with any building permits required
pursuant to any building, zoning or other rule, law, or
reSlulation governing construction. Any violation of the
provisions of this Local Law by failure to comply with any
of ills requirements, including violations of conditions and
safeguards established in connection with conditions of the
permit, shall constitute a misdemeaa~car. Any person who
violates this Local Law or fails to ca'strply with any of its
requirements shall, upon conviction thereof be fined not
more than $500 or imprisoned for not more than 30 days or
both, for each violation, and in addition, shall pay all
costs and expenses involved in the- case. Each day of
noncompliance shall 'be considered a separate offense.
Nothing herein contained shall prevent the Building Inspec-
tor from taking such other lawful action as necessary to
prevent or remedy a violation. Any structure found not
complying with the requirements of this Local Law for which
the owns>r has not applied for and received an approved
variance under Section 6.0 will be declared noncomplying and
notification sent to the 'Federal Emergency Management
Agency.
3.6 WARNING AND DISCLAIMER OF LIABILITY
The degree of flood protection required by this local law is
considered reasonable for regulatory purposes and is based
on scientific and engineering considerations. Larger floods
can and will occur on rare occasions. Flood heights may be
increased by I man-made or natural causes. This local law
defies not iriply that land outside the area of special flood
hazards or uses permitted within such areas will be free
from flooding or ^'e-ood damages. This local law shall not
create liability or:,, the part � af the Town of Ithaca, any
officer or employee, thereof, o� the Federal Emergency
Management Agency, dor any flood damages thvfi: result from
reliance on this local law or any administrative decision
lawfully made thereunder.
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SECTION 4.0
ADMINISTRATION
4.1 REQUIREMENT FOR DEVELOPMENT PERMIT
(1) A Development . Permit shall be obtained before any
development or start of construction, whichever occurs
earlier, within any area of special flood haz :L•d
established in, section 3.2.
(2) The Building Inspector is hereby appointed Local
Administrator to administer and implement this local
law by granting or denying Development Permit applicat-
ions in accordance with its provisions.
(3) The Building Inspector may include such conditions to
the grant of any Development Permit as the Building
Inspector may reasonably require to carry out tae
purpose of this law, and, further, in consideration of
the technical evaluations, all relevant factors and
standards specified in other sections of this lacy
including, but not limited to, those set forth in
Section 6.1(4) , below.
4.2-1 DEVELOPMENT PERMIT APPLICATION
(1) The application for the Development Permit
must, be made by the Owner of the property, or
by a person duly authorized by the Owner
("hereinafter collectively referred to as the
«Owx+erl , on forms prepared by the Building
Inspector.
(2) The following information is required where
applicable:
(a) plans, in duplicate, drawn to scale
showing the nature, location, dimension,
and elevations of the area in question,
existing and/or proposed structure�sa,
fill, storage of materials and drainagl
facilities,
(b) elevation ih relation to mean sea level
of the proposed lowest floor (includin5.
basement or cellar) of all structures;
(c) elevation in relation to mean sea leve].
to which any non-residential . structure
will be flood-proofed;
(d) when required, a certificate from a
licensed professional engineer or
architect that the utility floodproofing
will meet the criteria in Section 5.1-.
3(1) ;
(e) certificate from-a licensed profe '.onal
engineer or architect that tY . non-
residential flood-proofed structu will.
meet the flood-proofing criteria in
Section 5.2; and
(f) description of the extent to which any
watercourse or regulated floodway will
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be altered or relocated as a result of
proposed. development.
(g) such other • information as the Building
Inspector may reasonably require.
(3) Any permit issued may require that the work
for which the permit is granted shall be
begun on a date which shall, be no more than
three months after its issue. The estimated.
date of completion of the work shall appear
on the. permit. The Building Inspector may
grant extensions of time as the Building
Inspector may reasonably determine, taking
into account the factors and standards set
forth elsewhere in this law and the Building
Inspector may require additional conditions
taking into account such factors and
standards and any changes in the physical
facts, or in any applicable law, code or
regulations, and the extent of the progress.
of such work at the time of application.
Such application for .extension shall be made
on forms prepared by the Building Inspector.
4.2-2 DUTIES OF OWNER
(1) Upon placement of the lowest floor, or-
flood-proofing by whatever means, it shall be the
duty of the Owner to submit to the Building
Inspector a certificate of the elevation of
the lowest floor, or flood-proofed elevation,
in relation ta,) mean sea level. The elevation
certificate shall be prepared by or under the
direct supervision of a licensed land
sig ro:v eyor or .professional engineer and certif-
ied by same. When flood-proofing is utilized
for a particular building the flood-proofing
certificate shall be prepared by or under the
direct supervision of a licensed professional
engineer or architect and certified by same.
The Building Inspector shall review all data
submitted. . Deficiencies detected shall be
cause to issue a stop-work order for the
project unless immediately corrected.
(2) It shall be the responsibility of the Owner
to insure that all work and construction has
been dame in compliance with the require-
raents of this law. The Owner shall sign and
acknowledge a certificate that the work has
been performed and completed in accordance
with all provisions of, this law and thee
conditio,as of a permit. The Buildinq
Inspector may also require that such a
certificate be signed by a competent person
who has supervised or examined the work.
4.3 DUTIES AND RESPONSIBILITIES OF THE BUILDING INSPECTOR .
Duties of the Buidling Inspector shall include, but not be
limited to;
4.3-1 PERMIT APPLICATION �,, stTIEW
(1) Review all Developiaent Permit applications to
determine that the requirements of this local
law have been satisfied.
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(2) Review all. Development Permit applications to
determine that all necessary permits have
been obtained from those Federal, State or
local governmental agencies from which prior
approval is required.
(3) Review all Development Permits for compliance
with the provisions of Section 5.1-5,
Encroachments.
4.3-2 USE OF OTHER BASE FLOOD AND FLOODWAY DATA
When base flood elevation data has not been
provided in accordance with Section 3.2, BASIS FOR
ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD,
the Building Inspector shall obtain., rev!ew and
reasonably utilize any base flood elevation and
floodway data available from a Federal, State or
other source, including data developed pursuant to
Section 5.1-4(4) in order to administer Section
5.2, SPECIFIC STANDARDS and Section 5.3 FLOODWAYS.
4.3-3 INFORMATION TO BE OBTA°.1,14ED AND MAINTAINED
(1) Obtain and record the actual elevation, in
relation to mean sea level, of the lowest
floor, including basement or cellar of all
new or substantially improved structures, and
wkiether or not the structure contains a
basement or cellar.
(2) For all new or substantially improved
floodproofed structuress
(i) obtain and record the actual elevation,
in relation to mean sea level, to which
the structure has been floodproofed; and
(ii) maintain the floodproofing certifica-
tions required in Sections 5.1 and 5.2.
(3) Maintain for public inspection all records
pertaining to the provisions of this local
law including variances when granted and
Certificates of Compliance.
4.3-4 AT- .TICN OF WATERCOURSES
* (1) Notify adjacent communities and the New York
State Department of Environmental Conserva-
tion prior to any alteration or relocation of
a watercourse, and submit. evidence of sucb.
notification to the Federal Insuranc:.=
Administrator.
(2) Require that maintenance is provided within
the altered or relocated portion of said
watercourse so that the flood carrying
capacity is not diminished.
4.3-5 INT-4PRETATION OF FIRM BOUNDARIES
The Building Inspector shall have the authority_to
mal°c . interpretations when there appears to be a
conflict between the limits of the federally
identified area of special flood hazard and actual..
field conditi=,,.
Base flood elevation data established pursuant to
Section 3.2 and/or Section 4.3-2, when available,
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shall be used to accurately delineate the area of
special flood hazards.
The Building Inspector shall use flood information
from any other authoritative source, including
historical data, to establish the limits of the
area of special flood hazards when base flood
elevations are not available.
4.3-6 STOP WORK ORDERS
(1) All floodplain development or construction
found ongoing without an approved Development
Permit, or any other required permits, shall
be subject to the issuance of a stop work
order by the Building Inspector. Disregar6 of
a stop work order shall be subject to tue
penalties described in Section 3.5 of this
Local Law.
(2) All floodplain development found to be not
complying, with the provisions of this lawn
and/or the conditions of the approved permit
shall be subject to the issuance of a stop
work. F,;�.rder by the Building Inspector,
Disregard of a stop work order shall be
subject to the penalties described in Section
3.5 of this Local Law.
4.3-7 INSPECTIONS
The Building Inspector or, if required by the
Building' Inspector, the Owner's engineer or
architect shall make periodic inspections at
apprf.%j,rl,,?Atm:e times throughout the period of
construction in order to monitor compliance with
per,tc+.it conditions and enable the person who is
conducting the inspection to certify that the
development is in compliance with the requirements
of either the •Development Permit or the approved
variance.
4.3-8 CERTIFICATE OF COMPLIANCE .
(1) It shall be unlawful to use or occupy or to
permit' the' use or occupancy of any building
or premises, or ' both, or part thereof
hereafter created, erected, changed, con-
verted or wholly or partly altered or
enlarged in its use or structure until a
Certificate of Compliance has been issued by
the Building inspector stating that the
building or land conforms to the requirements
of this Local Law. .
(2) All other development occurring within the
rl,,nsignated flood hazard area will have upon
cr.,mpletion a Cer,;tificate of compliance issued
by the Building Inspector.
All certifications shall Le based upon the inspections
conducted subject to Section 4.3 'j, the certification of profes-
sionally qualified representative._: made pursuant to Section 4.3-
7 and/or any certified elevat,_i,ons, hydraulic information.,
floodproofing, anchoring requirewents or encroachment analysis
which may have been required as a condition of the approved.
w,�ernuit.
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Z19 V
-SECTION 5.0
PROVISIONS FOR FLOOD HAZARD REDUCTION
5.1 GENERAL STANDARDS
In all areas of special flood hazards the following stand-
ards are required:
5.1-1 ANCHORI143'
(1) All new construction and substantial improve--
meets shall be anchored to prevent flotation,
collapse, or lateral movement of the struc-
ture resulting from hydrodynamic and hydro-
static loads, including the effects of
buoyancy.
(2) All manufactured homes shall be installed
using methods and practices which minimize
flood damage. Manufactured homes must be
elevated and anchored to resist flotation,
collapse, or lateral movement. All manufac-
tured homes to be p7 .,:. or substantially
improved shall 'ie e1 on a permanent
foundation such that tiu, rVest floor of the
xmanufactured home is at e,ar above the base
flood elevation and be securely anchored to
an adequately anchored foundation system in
accordance with the following requirements:
(1) Ov :r-the-top .ties shall be provided at
each of the four corners of the manufac-
tured) home, with two additional ties per
side at intermediate locations, with
manufactured homes less than 50 feet
long requiring one additional tie per
side.
(ii) Frame ties shall be provided at each
corner of the home with five additional
ties per side at intermediate paints,
with manufactured homes less than 50
feet lone„ requiring four additional ties
per side.
(iii) All components of the anchoring system
shall be capable of carrying a force of
4,800 pounds; and
Civ', Any additions to the manufactured home
shall be similarly anchored.
5.1-2 CONSTRUCTION MATERIALS AND METHODS
(1) All new construction and substantial improve- .
meets shall be constructed with materials and
utility equipment resistant to flood damage,
(2) All new construction and substantial improve-
ments shall be constructed using methods and
practices that minimize flood damage.
5.1-3 UTILITIES
(1) All new construction and substantial improve-
ment s1nall be constructed with electrical,
heating, v�m^ntilation, plumbing, air condi.-
tioning equipment, and other service facili-
ties that are designed and/or located so as
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to prevent water from entering or accumulat-
ing within the components during conditions
of flooding. When designed for location.
below the base . flood elevation, a profes-
sional engineer's or architect's certifica-
tion is required that such utilities meet
this specification.
(2) All new and replacement water supply systems
shall be designxad to minimize or eliminate .
infiltration of flood waters into the system;
(3) New and replacement sanitary sewage systems
shall be designed to minimize or eliminate
infiltration of flood waters into the systems
and discharge from the systems into flood
r waters; and
(4)' on-site waste disposal systems shall be
located to avoid impairment to them or
contamination from them during flooding.
5.1-4 SUBDIVISION PROPOSALS
(1) All subdivision proposals, including proposed
manufactured home parks or subdivisions,
shall be consistent with the need to minimize
flood damage;
(2) All subdivision proposals, including proposed
manufactured home parks or subdivisions.,
shall have public utilities and facilities
such as sewer, gas, electrical, and water
systems located and constructed to minimize
flood damage;
(3) All subdivision proposals, including proposed
manufactured home parks or subdivisions,
shall have adequate drainage provided to
reduce exposure to flood damage; and,
(4). Base flood elevation data shall be provided
for subdivision proposals and other proposed
developments (including proposals for
manufa6tured home parks and subdivision:)
greater than either 50 lots or 5 acres.
5.1-5 ENCROACHMENTS
(1) In all areas of special flood hazard in h
base flood elevation data is avai''; .e
pursuant to Section 4.3•-2 or Section
and no floodway has been determined
eumul,i,,tive. effects of any proposed develo y-
ment, when combined with all' other existing
and anticipated development, shall not
increase the water surface elevation of the
base flood more than one foot at any point'.
(2) In all areas of the special flood hazard
where floodway data is provided or available
pursuant to Section 4.3-2 the requirem.;:,its of
Section 5.3, Floodways, shall apply.
5.2 SPECIFIC STANDARDS
In all areas of special flood hazards where base flood
elr�vation data has been provided as set forth in Section 3.2
FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARDS
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and Section 4.3-2, USE OF OTHER BASE FLOOD DATA, the
following standards are required:
5.2-1 RESIDENTIAL CONSTRUCTION
New construction and substantial improvement of
any residential structure shall have the lowest
floor, including basement or cellar, elevated to
% or above the base flood elevation;
5.2-2 NONRESIDENTIAL CONSTRUCTION
New construction and substantial improvement of
any commercial, industrial or other non-residen-
tial structure, togetter with attendant utility
and .sanitary facilities, shall either: have the
lowest floor, including basement or cellar,
elevated to or abo, e the base flood elevation;
be floodproofed so that the structure is wad,�w°--
tight below the base flood level with ' wsA �,.
substantially impermeable to the passage of water:.
All structural. components located below the bass:
flood level must be capable of resisting hydro-
staticc and hydrodynamic loads and the effects of
buoyancy.
If the structure is to be floodproofed:
(i) a licensed professional engineer or architect
shall develop and/or review structural
design, specifications, and plans for the
construction, andshall certify that the
design and methods of construction are in
accordance with accepted standards of
practice to make the structure watertight
with walls substantially impermeable to the
passage of water, with strucl, ural components
having the capability of resisting hydra-
static ar-,i hydrodynamic loads and effects of
buoyancy; and
(ii) a licensed professional engineer or licensed
land surveyor .mhall certify the specific
elevation (in r4',ation to mean sea level) to
which the structure is floodproofed.
The Building Inspector shall maintain on record a
copy of all such certificates noted in this
section.
5.3 FLOODWAYS
Located within areas of special flood hazard are areas
designated as floodways (see definition, Section 2.0) The
floodway is an extremely hazardous area due to high velocity
flood waters carrying debris and posing additional threats
m„ from potential erosion forces. When floodway data is
'i available for a particular site as provided by Section 3.2
and Section 4.3-2, all encroachments including fill, new.
construction, substantial improvements, and other develop-
ment are prohibited within the limits of the floodway unless
a technical evaluation demonstrates that such encroachments
shall not result in any increase in flood levels during the
occurrence of file base flood discharge. and no manufactured
hamo shall be placed within the limits of the floodway
except in an existing manufactured home park or existing
manufactured home subdivision.
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SECTION 6.0
VARIANCE PROCEDURE
6.1 APPEALS BOARD
(1) The Zoning Board of Appeals as established by the Town
Board shall hear and decide appeals and requests for
variances from the requirements of this local law.
(2.) The Zoning Board of Appeals shall hear and
P 1
appeals when it is alleged there is an error in y
requirement, decision, or determination made by e
Building Inspector in the enforcement or administration
of this local law.
(3) Those aggrieved by the decision of the Zoning Board of
Appeals, or any taxpayer owning property in the Town of
Itiiaca who may have a significant interest in the
decision and proceedings on which it was based, may
appeal such, ion to the Supreme Court pursuant to
Article 78 of Civil Practice Law and Rules.
(4) Ire passing vp such applications, the Zoning Bo;, -d of
Appy"° ls shall consider all technical evaluations, all
relevant factors, standards specified in other section
of this local law and:
(i) the danger. that materials may be swept onto
other lands to the injury of others;
the danger to life and property due to
flooding or erosion damage;
(iii) the susceptibility of the proposed facility
and its contents to flood damage and the
effect of such damage on the individual
„;- owner;
(iv) the importance of the services provided by
the proposed facility to the community;
(v) the necessity to the facility of a waterfront
location, where applicable;
(vi) the availability of alternative locations for
the proposed use which are not subject to
flooding or erosion damage;
(vii) the compatibility of the proposed use with
existing and anticipated development;
(viii) the relationship of the proposed use to the
comprehensive plan and flood plain management
program of that area;
(ix) the safety of access to the property in times
..,%' of flood for ordinary and emergency vehicles,
(x} the costs to local governments and ' 11ke
dangers associated with conflu,. zing search a. l
rescue operations during pc..n,-iods of floodin
(xi) the expected heights, velocity, duration,
rate of rise, and sediment transport of the
flood waters and the effects of wave action,
if applicable, expected at the site; and
Page lm
(xii) the costs of providing governmental services
during and after flood conditions, including
search and rescue operations, maintenance and
repair of public utilities and facilities
such as sewer,. gas, electrical, and water
systems and streets and bridges.
(5) Upon consideration of the factors of Section 6.1(4) and
the purposes of this local law, the Zoning Board of.
Appeals may attach such conditions to the granting of
variances as it deems necessary to further the purposes
of this local law.
6 The Zoning Board of
( ) =J Appeals shall maintain the records
of all appeal actions including technical infonc7ation
and report any variances to the Federal Emergency
Management Agency upon request.
6.2 CONAITTONS FOR VARIANCES
(1) Generally, variances may be issued for new constructi,,,,p,s
and substantial improvements to be erected on a lot
one-half acre or less in size contiguous to ai,
surrounded by lots with existing structures constructed
be',,aw the base flood level,. providing items (i-xii) in
SK: °ion 6.1(4) have been fully considered. As the lot
s;b.;ru,r increases beyond the one-half acre, the technical
Jrr.,: t,ification required for issuing the variancf,.
increases.
(2) variances may be issued for the reconstruction,
rehabilitation or restoration of structures and
contributing structures listed on the National Register.
of Historic places or the State inventory of Historic
Places, without regard to the procedures set .forth in
the remainder of this section.
(3) variances may be issued 'for new construction and
substantial improvements and for other developmeent
necessary for the conduct of a functionally depend oral.
use provided that:
(i) the criteria of subparagraphs 1, 4, 5, and 6 of
this section are met;
(ii) the structure or other development is protected by
me k; ds that minimize flood damages during the
bas flood and create no additional threat to
public. safety:
(4) variances shall not be issued within any designated:
flooda;ay if any increase in floodlevels during t'ne
base flood discharge would result.
(5) variances shall only be issued upon a determination
that the variance is the minimum necessary, con.side rls�,+:
the flood hazard, to afford relief.
(6) variances shall be issued only upon:
(i) a showing of good and sufficient cause;
(ii) a determination that failure to grant, the
variance would result in exceptional hardship
to the applicant; and
(iii) a determination that the granting of a
variance will not result in increased flood.
heights, additional threats to public safety,
Page In
L
•.: . tiµ .. :.,.,a a,,.. . ,. ,..
extraordinary public expense, create nui-
sances, cause fraud on or. victimization of
the public or ccnflic% With existing local
laws or ordinances.
(7) ?',ny applicant to whom a. variance is granted for a
building with 'the lowest floor below the base flood
elevation shall be given written notice that the cost
of flood insurance will be commensurate with the
increased risk resulting from lowest floor elevation.
This Local Law shall take effect -20 days after
adoption or upon its filing with the office of the Secretary o
State of the State of New York, whichever is later.
rn
U l
Page to
i
(Complete the certificatio% 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. ..... .......of 1952...
of the 711of...........lt.h.a,ca..........was duly passed by the.......Town Board
Town ... ....(No. of_L.g i-.I.oil.ve..B.dy.)............................
me
M MW
On................Mky..U.,.,,.,.,,,,,,19 E. 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,designatedas local law No.....................of 19........
County
ofthe City of...................................was duly passed by the........................................................................
Town (Name of LegWati—Body)
Village not disapproved
on..................................................19........ and was approved by the ...- cive Chief';—*"'' E**iu'e'*c'**te0
`Iv**'''*1 c
*f feet
and
after disapproval U.
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,designatedas local law No.................- of 19..........
County
ofthe City of......................................was duly passed by the.................. .........—...........................
Towna of Iv.Body)
Village not disapproved
on .........................................19........ and was approved by the................... ....................
repassed after disapproval Elective Chief Txecutivo Officer*
on .................11..................................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 or............................................... 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
ofthe cityT,)W n Of.....................................was duly passed by the....I...............-N-am.e.o.f.Le..I.sja.t.iv-e.Bed.y)......................on
Village not disapproved
ved by the....................................................... n
....................................-1........ .... and was appro 0
repassed after disapvnval Elective Chief Executive officer It
... .................19......... Such local law b6, abject to a permissive referendum and no
vl*iid 'p'e*titio'n'* ** ..requesting such referendum having been filed, -_id local law was deemed duly adopted on
...................................... 19........,it: accordance with the applicable provisions of law.
riElective Cbkf Executive Officer means or includes the chief executive officer of a county elected on a county-wide basis.
or,if tint `s. , a city village r he supervisor a own,
none,the Aiian of the county legislative body,the mays�� A ci or o t rof t
when such officer is vcsk th power to approve or veto local laws oror&Awlces-
Page 2
RT
t
S. (Cite local law concerning Charter revision proposed by petition.)
1 herebycertif}'that thelocal lawannexed hereto,designated as local law No.....................of 19........
of the City of....................................................:.....................having been submitted to referendum pursuant to the
provisions of§3876 of the Nunicipal Home Rule Law,and heaving received the affirmative vote of a majority
pecial
of the qualified electors of such cit} voting thereon at the general election held on..................................
................19............became operative.
„m 1County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto,designated as Local Law Na,,....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 Iaw,and having received the affirmative vote of a majority of the qualified electors of the
° cities of said county sas 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.)
gW 1 fun certify that 1 have compared the preceding local law with the original on file in this office
and that the same is a correct transcript therefrom + zl of the whole of such original local law, and was
finally adopted in the manner indicated in paragraph .1................ above.
C
e
%VWM, Town 'l1ri6d Cte;k
Date: May 14, 1987
r
(Certification,to be executed by County , t,torn'; Corporation Counsel,Town Attorney, Village Attorney
or other authorized Attorney of locality.)
STATE OF NEN YORK
COUNTY OF...:....Tompkins.....................
1, the undersigned, hereby cert' that the foregoing local law contains the correct text and that all
proper proceedings have been had or taken for the enactme of the local law annexed hereto.
fi `..
signature John C. Bart y
Town Attorney .........<
..� , Tina
Date: c.OPQ Ithaca
of............ . . ......................................
Town ............
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