Chapter 65
FLOOD DAMAGE PREVENTION
[HISTORY: Adopted
by the Board of Trustees 3-3-1997 by L.L. No. 1-1997. Amendments noted where
applicable.]
GENERAL REFERENCES
Building construction See Ch. 43.
ARTICLE I
Findings;
Purpose; Definitions
§ 65-1. Findings.
The Board of Trustees
hereby finds that the potential and/or actual damages from flooding and erosion
may be a problem to the residents of the Village and that such damages may
include destruction or loss of private and public housing, damage to public facilities,
both publicly and privately owned, and injury to and loss of human life. In
order to minimize the threat of such damages and to achieve the purposes and
objectives hereinafter set forth, this chapter is adopted.
§ 65-2. Statement of purpose.
It is the purpose of this
chapter 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:
A. 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;
B. Require that uses vulnerable to floods, including facilities
which serve such uses, be protected against flood damage at the time of initial
construction;
C. Control the alteration of natural floodplains, stream channels
and natural protective barriers which are involved in the accommodation of
floodwaters;
D. Control filling, grading, dredging and other development which
may increase erosion or flood damages;
E. Regulate the construction of flood barriers which will
unnaturally divert floodwaters or which may increase flood hazards to other
lands; and
F. Qualify and maintain participation in the National Flood
Insurance Program.
§ 65-3. Objectives.
The objectives of this
chapter are to:
A. Protect human life and health;
B. Minimize expenditure of public money for costly flood control
projects;
C. Minimize the need for rescue and relief efforts associated with
flooding and generally undertaken at the expense of the general public;
D. Minimize prolonged business interruptions;
E. Minimize damage to public facilities and utilities, such as water
and gas mains, electric, telephone, sewer lines, streets and bridges, located
in areas of special flood hazard;
F. 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;
G. Provide that developers are notified that property is in an area
of special flood hazard; and
H. Ensure that those who occupy the areas of special flood hazard
assume responsibility for their actions.
§ 65-4. Definitions.
Unless specifically
defined below, words or phrases used in this chapter shall be interpreted so as
to give them the meaning they have in common usage and to give this chapter its
most reasonable application.
APPEAL A request for a
review of the local administrator's interpretation of any provision of this
chapter or a request for a variance.
AREA OF SHALLOW FLOODING
A designated AO, AH or VO Zone on a community's Flood Insurance Rate Map (FIRM)
with a one-percent or greater annual chance of flooding to an average annual
depth of 1 to 3 feet where a clearly defined channel does not exist, where the
path of flooding is unpredictable and where velocity flow may be evident. Such
flooding is characterized by ponding or sheet flow.
AREA OF SPECIAL FLOOD
HAZARD The land in the floodplain within a community subject to a one-percent
or greater chance of flooding in any given year. This area may be designated as
Zone A, AE, AH, AO, A1-A30, A99, V, VO, VE or V1-V30. It is also commonly
referred to as the "base floodplain" or "one-hundred-year
floodplain."
BASE FLOOD The flood
having a one-percent chance of being equaled or exceeded in any given year.
BASEMENT That portion of
a building having its floor subgrade (below ground level) on all sides.
BREAKAWAY WALL A wall
that is not part of the structural support of the building and is intended
through its design and construction to collapse under specific lateral loading
forces without causing damage to the elevated portion of the building or the
supporting foundation system.
BUILDING See
"structure."
CELLAR The same meaning
as "basement."
COASTAL HIGH-HAZARD AREA
An area of special flood hazard extending from offshore to the inland limit of
a primary frontal dune along an open coast and any other area subject to
high-velocity wave action from storms or seismic sources. The area is
designated on a FIRM as Zone V1-V30, VE, VO or V.
CRAWL SPACE An enclosed
area beneath the lowest elevated floor, 18 inches or more in height, which is
used to service the underside of the lowest elevated floor. The elevation of
the floor of this enclosed area, which may be of soil, gravel, concrete or
other material, must be equal to or above the lowest adjacent exterior grade.
The enclosed crawl space area shall be properly vented to allow for
equalization of hydrostatic forces which would be experienced during periods of
flooding.
DEVELOPMENT Any man-made
change to improved or unimproved real estate, including but not limited to
buildings or other structures, mining, dredging, filling, paving, excavation or
drilling operations or storage of equipment or materials.
ELEVATED BUILDING
A. A nonbasement building:
(1) Built, in the case of a building in Zone A1-A30, AE, A, A99, AO,
AH, B, C, X or D, to have the top of the elevated floor or, in the case of a
building in Zone V1-30, VE or V, to have the bottom of the lowest horizontal
structure member of the elevated floor elevated above the ground level by means
of pilings, columns (posts and piers) or shear walls parallel to the flow of
the water; and
(2) Adequately anchored so as not to impair the structural integrity
of the building during a flood of up to the magnitude of the base flood.
B. In the case of Zone A1-A30, AE, A, A99, AO, AH, B, C, X or D,
"elevated building" also includes a building elevated by means of
fill or solid foundation perimeter walls with openings sufficient to facilitate
the unimpeded movement of floodwaters. In the case of Zones V1-V30, VE or V,
"elevated building" also includes a building otherwise meeting the
definition of "elevated building," even though the lower area is
enclosed by means of breakaway walls that meet the federal standards.
EXISTING MANUFACTURED HOME
PARK OR SUBDIVISION A manufactured home park or subdivision for which the
construction of facilities for servicing the lots on which the manufactured
homes are to be affixed (including, at a minimum, the installation of
utilities, the construction of streets and either final site grading or the
pouring of concrete pads) is complete before the effective date of the
floodplain management regulations adopted by the community.
EXPANSION TO AN EXISTING
MANUFACTURED HOME PARK OR SUBDIVISION The preparation of additional sites by
the construction of facilities for servicing the lots on which the manufactured
homes are to be affixed (including the installation of utilities, the
construction of streets and either final site grading or the pouring of concrete
pads).
FEDERAL EMERGENCY
MANAGEMENT AGENCY The federal agency that administers the National Flood
Insurance Program.
FLOOD BOUNDARY AND
FLOODWAY MAP (FBFM) An official map of the community published by the Federal
Emergency Management Agency as part of a riverine community's Flood Insurance
Study. The FBFM delineates a regulatory floodway along watercourses studied in
detail in the Flood Insurance Study.
FLOOD ELEVATION STUDY An
examination, evaluation and determination of the flood hazards and, if
appropriate, corresponding water surface elevations or an examination,
evaluation and determination of flood-related erosion hazards.
FLOOD HAZARD BOUNDARY MAP
(FHBM) 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 designated as Zone A but no flood elevations are provided.
FLOOD INSURANCE RATE MAP
(FIRM) An official map of a community, on which the Federal Emergency
Management Agency has delineated both the areas of special flood hazard and the
risk premium zones applicable to the community.
FLOOD INSURANCE STUDY
See "flood elevation study."
FLOOD or FLOODING
A. A general and temporary condition of partial or complete
inundation of normally dry land areas from:
(1) Overflow of inland or tidal waters; or
(2) Unusual and rapid accumulation or runoff of surface waters from
any source.
B. Flood or flooding also means the collapse or subsidence of
land along the shore of a lake or other body of water as a result of erosion or
undermining caused by waves or currents of water exceeding anticipated cyclical
levels or suddenly caused by an unusually high water level in a natural body of
water, accompanied by a severe storm or by an unanticipated force of nature,
such as a flash flood or an abnormal tidal surge, or by some similarly unusual
and unforeseeable event which results in flooding as defined in Subsection
A(1), above.
FLOODPLAIN or FLOOD-PRONE
AREA Any land area susceptible to being inundated by water from any source.
(See definition of "flooding.")
FLOODPROOFING Any
combination of structural and nonstructural additions, changes or adjustments
to structures which reduce or eliminate flood damage to real estate or improved
real property, water and sanitary facilities, structures and their contents.
FLOODWAY The same
meaning as "regulatory floodway."
FUNCTIONALLY DEPENDENT USE
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, shipbuilding
and ship repair facilities. The term does not include long-term storage,
manufacturing, sales or service facilities.
HIGHEST ADJACENT GRADE
The highest natural elevation of the ground surface, prior to construction,
next to the proposed walls of a structure.
HISTORIC STRUCTURE Any structure
that is:
A. Listed individually in the National Register of Historic Places
(a listing maintained by the Department of the Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements for
individual listing on the National Register;
B. Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary to
qualify as a registered historic district;
C. Individually listed on a state inventory of historic places in
states with historic preservation programs which have been approved by the
Secretary of the Interior; or
D. Individually listed on a local inventory of historic places in
communities with historic preservation programs that have been certified either:
(1) By an approved state program as determined by the Secretary of
the Interior; or
(2) Directly by the Secretary of the Interior in states without
approved programs.
LOCAL ADMINISTRATOR The
person appointed by the community to administer and implement this chapter by
granting or denying development permits in accordance with its provisions. This
person is often the Code Enforcement Officer, Building Inspector or employee of
an engineering department.
LOWEST FLOOR The lowest
floor of the lowest enclosed area (including basement or cellar). An unfinished
or flood-resistant enclosure, usable solely for parking of vehicles, building
access or storage, in an area other than a basement area is not considered a
building's lowest floor, provided that such enclosure is not built so as to
render the structure in violation of the applicable nonelevation design
requirements of this chapter.
MANUFACTURED HOME A
structure, transportable in 1 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 does not include a recreational
vehicle.
MANUFACTURED HOME PARK OR
SUBDIVISION A parcel (or contiguous parcels) of land divided into 2 or more
manufactured home lots for rent or sale.
MEAN SEA LEVEL For
purposes of the National Flood Insurance Program, the National Geodetic
Vertical Datum (NGVD) of 1929 or other datum to which base flood elevations
shown on a community's Flood Insurance Rate Map are referenced.
MOBILE HOME The same
meaning as "manufactured home."
NATIONAL GEODETIC VERTICAL
DATUM (NGVD) As corrected in 1929, a vertical control used as a reference for
establishing varying elevations within the floodplain.
NEW CONSTRUCTION
Structures for which the start of construction commenced on or after the
effective date of a floodplain management regulation adopted by the community
and includes any subsequent improvements to such structure.
NEW MANUFACTURED HOME PARK
OR SUBDIVISION A manufactured home park or subdivision for which the
construction of facilities for servicing the lots in which the manufactured
homes are to be affixed (including at a minimum, the installation of utilities,
the construction of streets and either final site grading or the pouring of
concrete pads) is completed on or after the effective date of floodplain
management regulations adopted by a community.
ONE-HUNDRED-YEAR FLOOD
The same meaning as "base flood."
PRIMARY FRONTAL DUNE A
continuous or nearly continuous mound or ridge of sand with relatively steep
seaward and landward slopes immediately landward and adjacent to the beach and
subject to erosion and overtopping from high tides and waves during major
coastal storms. The inland limit of the primary frontal dune occurs at the
point where there is a distinct change from a relatively steep slope to a
relatively mild slope.
PRINCIPALLY ABOVE GROUND
That at least 51% of the actual cash value of the structure, excluding land
value, is above ground.
RECREATIONAL VEHICLE A
vehicle which is:
A. Built on a single chassis;
B. Four hundred square feet or less when measured at the largest
horizontal projections;
C. Designed to be self-propelled or permanently towable by a
light-duty truck; and
D. Not designed primarily for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel or seasonal use.
REGULATORY FLOODWAY The
channel of a river or other watercourse and the adjacent land areas that must
be reserved in order to discharge the base flood without cumulatively
increasing the water surface elevation more than a designated height as
determined by the Federal Emergency Management Agency in a Flood Insurance
Study or by other agencies as provided in § 65-6 of this chapter.
SAND DUNES Naturally
occurring accumulations of sand in ridges or mounds landward of the beach.
START OF CONSTRUCTION
Includes substantial improvement and means the initiation, excluding planning
and design, of any phase of a project, physical alteration of the property and
shall include land preparation, such as clearing, grading and filling;
installation of streets and/or walkways; excavation for a basement, footings,
piers or foundations; or the erection of the temporary forms. It also includes
the placement and/or installation on the property of accessory buildings
(garages, sheds), storage trailers and building materials. For manufactured
homes, the actual start means affixing of the manufactured home to its
permanent site.
STRUCTURE A walled and
roofed building, including a gas or liquid storage tank, that is principally
above ground, as well as a manufactured home.
SUBSTANTIAL DAMAGE
Damage of any origin sustained by a structure whereby the cost of restoring the
structure to its before damaged condition would equal or exceed 50% of the
market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT
Any reconstruction, rehabilitation, addition or other improvement of a
structure, the cost of which equals or exceeds 50% of the market value of the
structure before the start of construction of the improvement. The term
includes structures which have incurred substantial damage, regardless of the
actual repair work performed. The term does not, however, include either:
A. Any project for improvement of a structure to correct existing
violations of state or local health, sanitary or safety code specifications
which have been identified by the local code enforcement official and which are
the minimum necessary to assure safe living conditions; or
B. Any alteration of an historic structure, provided that the
alteration will not preclude the structure's continued designation as an
historic structure.
VARIANCE A grant of
relief from the requirements of this chapter which permits construction or use
in a manner that would otherwise be prohibited by this chapter.
ARTICLE II
General
Provisions
§ 65-5. Lands to which this chapter applies.
This chapter shall apply
to all areas of special flood hazard within the jurisdiction of the Village.
§ 65-6. Basis for establishing areas of special flood
hazard.
A. The areas of special flood hazard for the Village (Community No.
360468) are identified and defined on the following documents prepared by the
Federal Emergency Management Agency:
(1) A scientific and engineering report entitled "Flood
Insurance Study, Nassau County, New York (all jurisdictions)," dated April
2, 1997.
(2) Flood Insurance Rate Map for Nassau County, New York (all
jurisdictions) as shown on Index No. 36059C0000, and Panel 0112, whose
effective date is April 2, 1997.
B. The above documents are hereby adopted and declared to be a part
of this chapter. The Flood Insurance Study and/or maps are on file with the
Village Clerk.
§ 65-7. Interpretation; conflict with other laws.
A. This chapter includes all revisions to the National Flood
Insurance Program through November 1, 1989, and shall supersede all previous
laws adopted for the purpose of flood damage prevention.
B. In their interpretation and application, the provisions of this
chapter shall be held to be minimum requirements, adopted for the promotion of
the public health, safety and welfare. Whenever the requirements of this
chapter 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.
§ 65-8. Penalties for offenses. [Amended 5-3-2004 by L.L. No. 1-2004]
No structure in an area of
special flood hazard 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 chapter and any other applicable regulations.
Any infraction of the provisions of this chapter by failure to comply with any
of its requirements, including infractions of conditions and safeguards
established in connection with conditions of the permit, shall constitute a
violation. Any person found guilty of a violation of this chapter shall be
punishable as set forth in Chapter 1, General Provisions, Article III, General
Penalty. Each day of noncompliance shall be considered a separate offense.
Nothing herein contained shall prevent the Village from taking such other
lawful action as necessary to prevent or remedy an infraction. Any structure
found not compliant with the requirements of this chapter for which the
developer and/or owner has not applied for and received an approved variance
under Article VI of this chapter will be declared noncompliant, and
notification sent to the Federal Emergency Management Agency.
§ 65-9. Warning and disclaimer of liability.
The degree of flood
protection required by this chapter is considered reasonable for regulatory
purposes and is based on scientific and engineering considerations. Larger
floods can and will occur on rare occasions. Flood heights may be increased by
man-made or natural causes. This chapter does not imply that land outside the
area of special flood hazards or uses permitted within such areas will be free
from flooding or flood damages. This chapter shall not create liability on the
part of the Village, any officer or employee thereof or the Federal Emergency
Management Agency for any flood damages that result from reliance on this
chapter or any administrative decision lawfully made thereunder.
ARTICLE III
Administration
§ 65-10. Function of local administrator.
The Building Inspector is
hereby appointed local administrator to administer and implement this chapter
by granting or denying floodplain development permits in accordance with its
provisions.
§ 65-11. Floodplain development permits.
A. Purpose. A floodplain development permit is hereby established
for all construction and other development to be undertaken in areas of special
flood hazard in this community for the purpose of protecting its citizens from
increased flood hazards and ensuring that new development is constructed in a
manner that minimizes its exposure to flooding. It shall be unlawful to
undertake any development in an area of special flood hazard, as shown on the
Flood Insurance Rate Map enumerated in § 65-6, without a valid floodplain
development permit. Application for a permit shall be made on forms furnished
local administrator and may include but not be limited to plans, in duplicate,
drawn to scale and showing the nature, location, dimensions and elevations of
the area in question; existing or proposed structures; fill; storage of
materials; drainage facilities; and the location of the foregoing.
B. Fees and deposits. All applications for a floodplain development
permit shall be accompanied by an application fee in an amount hereafter
stipulated as determined by the Board of Trustees. In addition, the applicant
shall be responsible for reimbursing the Village for any additional costs
necessary for review, inspection and approval of the project. The local
administrator may require a deposit of no more than $500 to cover these
additional costs.
§ 65-12. Application for permit.
The applicant shall
provide at least the following information, where applicable. Additional
information may be required on the permit application form.
A. The proposed elevation, in relation to mean sea level, of the
lowest floor (including basement or cellar) of any new or substantially
improved structure to be located in Zones A1-A30, AE or AH or Zone A if base
flood elevation data are available. Upon completion of the lowest floor, the
permittee shall submit to the local administrator the as-built elevation,
certified by a licensed professional engineer or surveyor.
B. The proposed elevation, in relation to mean sea level, of the
bottom of the lowest structural member of the lowest floor (excluding pilings
and columns) of any new or substantially improved structure to be located in
Zone V1-V30 or VE or Zone V if base flood elevation data are available. Upon
completion of the lowest floor, the permittee shall submit to the local
administrator the as-built elevation, certified by a licensed professional
engineer or surveyor.
C. The proposed elevation, in relation to mean sea level, to which
any new or substantially improved nonresidential structure will be
floodproofed. Upon completion of the floodproofed portion of the structure, the
permittee shall submit to the local administrator the as-built floodproofed
elevation, certified by a professional engineer or surveyor.
D. A certificate from a licensed professional engineer or architect
that any utility floodproofing will meet the criteria in § 65-19C, Utilities.
E. A certificate from a licensed professional engineer or
architect that any nonresidential floodproofed structure will meet the
floodproofing criteria in § 65-22, Nonresidential structures except coastal
high-hazard areas.
F. A description of the extent to which any watercourse will be
altered or relocated as a result of proposed development. Computations by a
licensed professional engineer must be submitted that demonstrate that the
altered or relocated segment will provide equal or greater conveyance than the
original stream segment. The applicant must submit any maps, computations or
other material required by the Federal Emergency Management Agency (FEMA) to
revise the documents enumerated in § 65-6, when notified by the local
administrator, and must pay any fees or other costs assessed by FEMA for this
purpose. The applicant must also provide assurances that the conveyance
capacity of the altered or relocated stream segment will be maintained.
G. A technical analysis, by a licensed professional engineer, if
required by the local administrator, which shows whether proposed development
to be located in an area of special flood hazard may result in physical damage
to any other property.
H. In Zone A, when no base flood elevation data are available from
other sources, base flood elevation data shall be provided by the permit
applicant for subdivision proposals and other proposed developments (including
proposals for manufactured home and recreational vehicle parks and
subdivisions) that are greater than either 50 lots or 5 acres.
I. In Zones V1-V30 and VE and also Zone V if base flood elevation
are available, designs and specifications, certified by a licensed professional
engineer or architect, for any breakaway walls in a proposed structure with
design strengths in excess of 20 pounds per square foot.
J. In Zones V1-V30 and VE and also Zone V if base flood elevation
are available, for all new and substantial improvements to structures,
floodplain development permit applications shall be accompanied by design plans
and specifications, prepared in sufficient detail to enable independent review
of the foundation support and connection components. Said plans and
specifications shall be developed or reviewed by a licensed professional
engineer or architect and shall be accompanied by a statement, bearing the
signature of the architect or engineer, certifying that the design and methods
of construction to be used are in accordance with accepted standards of
practice and with all applicable provisions of this chapter.
§ 65-13. Duties and responsibilities of the local
administrator.
Duties of the local
administrator shall include but not be limited to the following:
A. Permit application review. The local administrator shall conduct
the following permit application review before issuing a floodplain development
permit:
(1) Review all applications for completeness, particularly with the
requirements of § 65-12, and for compliance with the provisions and standards
of this chapter.
(2) Review subdivision and other proposed new development, including
manufactured home parks to determine whether proposed building sites will be
reasonably safe from flooding. If a proposed building site is located in an
area of special flood hazard, all new construction and substantial improvements
shall meet the applicable standards of Article IV and, in particular, § 65-18B.
(3) Determine whether any proposed development in an area of special
flood hazard may result in physical damage to any other property (e.g., stream
bank erosion and increased flood velocities). The local administrator may
require the applicant to submit additional technical analyses and data
necessary to complete the determination. If the proposed development may result
in physical damage to any other property or fails to meet the requirements of
Article IV, no permit shall be issued. The applicant may revise the application
to include measures that mitigate or eliminate the adverse effects and resubmit
the application.
(4) Determine that all necessary permits have been received from
those governmental agencies from which approval is required by state or federal
law.
B. Use of other flood data.
(1) When the Federal Emergency Management Agency has designated areas
of special flood hazard on the community's Flood Insurance Rate Map (FIRM) but
has neither produced water surface elevation data (these areas are designated
Zone A or V on the FIRM) nor identified a floodway, the local administrator
shall obtain, review and reasonably utilize any base flood elevation and
floodway data available from a federal, state or other source, including data
developed pursuant to § 65-12H, as criteria for requiring that new
construction, substantial improvements or other proposed development meet the
requirements of this chapter.
(2) When base flood elevation data are not available, the local
administrator may use flood information from any other authoritative source,
such as historical data, to establish flood elevations within the areas of
special flood hazard, for the purposes of this chapter.
C. Alteration of watercourses.
(1) Notification to adjacent communities and the New York State
Department of Environmental Conservation prior to permitting any alteration or
relocation of a watercourse, and submittal of evidence of such notification
shall be submitted to the Regional Director, Region II, Federal Emergency
Management Agency.
(2) Determine that the permit holder has provided for maintenance
within the altered or relocated portion of said watercourse so that the
flood-carrying capacity is not diminished.
D. Construction stage.
(1) In Zones A1-A30, AE and AH and also Zone A if base flood
elevation data are available, upon placement of the lowest floor or completion
of floodproofing of a new or substantially improved structure, obtain from the
permit holder a certification of the as-built elevation of the lowest floor or floodproofed
elevation, in relation to mean sea level. The certificate shall be prepared by
or under the direct supervision of a licensed land surveyor or professional
engineer and certified by same. For manufactured homes, the permit holder shall
submit the certificate of elevation upon placement of the structure on the
site. A certificate of elevation must also be submitted for a recreational
vehicle if it remains on a site for 180 consecutive days or longer (unless it
is fully licensed and ready for highway use).
(2) In Zones V1-V30 and VE and also Zone V if base flood elevation
data are available, upon placement of the lowest floor of a new or
substantially improved structure, the permit holder shall submit to the local
administrator a certificate of elevation, in relation to mean sea level, of the
bottom of the lowest structural member of the lowest floor (excluding pilings
and columns). For manufactured homes, the permit holder shall submit the
certificate of elevation upon placement of the structure on the site. An
elevation certificate must also be submitted for a recreational vehicle if it
remains on a site 180 consecutive days or longer (unless it is fully licensed
and ready for highway use).
(3) Any further work undertaken prior to submission and approval of
the certification shall be at the permit holder's risk. The local administrator
shall review all data submitted. Deficiencies detected shall be cause to issue
a stop-work order for the project unless immediately corrected.
§ 65-14. Inspections.
The local administrator
and/or the developer's engineer or architect shall make periodic inspections at
appropriate times throughout the period of construction in order to monitor
compliance with permit conditions and enable said inspector to certify, if
requested, that the development is in compliance with the requirements of the
floodplain development permit and/or any variance provisions.
§ 65-15. Stop-work orders.
A. The local administrator shall issue or cause to be issued a
stop-work order for any floodplain development found ongoing without a
development permit. Disregard of a stop-work order shall subject the violator
to the penalties described in § 65-8 of this chapter.
B. The local administrator shall issue or cause to be issued a
stop-work order for any floodplain development found noncompliant with the
provisions of this chapter and/or the conditions of the development permit.
Disregard of a stop-work order shall subject the violator to the penalties
described in § 65-8 of this chapter.
§ 65-16. Certificate of compliance.
A. In areas of special flood hazard, as determined by documents
enumerated in § 65-6, it shall be unlawful to occupy or to permit the use or
occupancy of any building or premises, or both, or part thereof hereafter
created, erected, changed, converted or wholly or partly altered or enlarged in
its use or structure until a certificate of compliance has been issued by the
local administrator, stating that the building or land conforms to the
requirements of this chapter.
B. A certificate of compliance shall be issued by the local
administrator upon satisfactory completion of all development in areas of
special flood hazard.
C. Issuance of the certificate shall be based upon the inspections
conducted as prescribed in § 65-14, Inspections, and/or any certified
elevations, hydraulic data, floodproofing, anchoring requirements or
encroachment analyses which may have been required as a condition of the
approved permit.
§ 65-17. Information to be retained.
The local administrator
shall retain and make available for inspection copies of the following:
A. Floodplain development permits and certificates of compliance;
B. Certifications of as-built lowest floor elevations of
structures, required pursuant to § 65-13D(1) and (2) and whether or not the
structures contain a basement;
C. Floodproofing certificates required pursuant to § 65-13D(1) and
whether or not the structures contain a basement;
D. Certifications required pursuant to § 65-21N and § 65-12J;
E. Variances issued pursuant to Article V; and
F. Notices required under § 65-13C.
ARTICLE IV
Construction
Standards
§ 65-18. General standards.
The following standards
apply to new development, including new and substantially improved structures,
in the areas of special flood hazard shown on the Flood Insurance Rate Map
designated in § 65-6.
A. Coastal high-hazard areas. The following requirements apply
within Zones V1-V30, VE and V:
(1) All new construction, including manufactured homes and
recreational vehicles on site 180 days or longer and not fully licensed for
highway use, shall be located landward of the reach of high tide.
(2) The use of fill for structural support of buildings, manufactured
homes or recreational vehicles on site 180 days or longer is prohibited.
(3) Man-made alteration of sand dunes which would increase potential
flood damage is prohibited.
B. Subdivision proposals. The following standards apply to all new
subdivision proposals and other proposed development in areas of special flood
hazard (including proposals for manufactured home and recreational vehicle
parks and subdivisions):
(1) Proposals shall be consistent with the need to minimize flood
damage;
(2) Public utilities and facilities, such as sewer, gas, electrical
and water systems, shall be located and constructed so as to minimize flood
damage; and
(3) Adequate drainage shall be provided to reduce exposure to flood
damage.
C. Encroachments.
(1) Within Zones A1-A30 and AE, on streams without a regulatory
floodway, no new construction, substantial improvements or other development
(including fill) shall be permitted unless:
(a) The applicant demonstrates that the cumulative effect of the
proposed development, when combined with all other existing and anticipated
development, will not increase the water surface elevation of the base flood
more than 1 foot at any location; or
(b) The Village agrees to apply to the Federal Emergency Management Agency
(FEMA) for a conditional FIRM revision, FEMA approval is received and the
applicant provides all necessary data, analyses and mapping and reimburses the
Village for all fees and other costs in relation to the application. The
applicant must also provide all data, analyses and mapping and reimburse the
Village for all costs related to the final map revision.
(2) On streams with a regulatory floodway, as shown on the Flood
Boundary and Floodway Map or the Flood Insurance Rate Map adopted in § 65-6, no
new construction, substantial improvements or other development in the floodway
(including fill) shall be permitted unless:
(a) A technical evaluation by a licensed professional engineer shows
that such an encroachment shall not result in any increase in flood levels
during occurrence of the base flood levels during occurrence of the base flood;
or
(b) The Village agrees to apply to the Federal Emergency Management
Agency (FEMA) for a conditional FIRM and floodway revision, FEMA approval is
received and the applicant provides all necessary data, analyses and mapping
and reimburses the Village for all fees and other costs in relation to the
application. The applicant must also provide all data, analyses and mapping and
reimburse the Village for all costs related to the final map revisions.
§ 65-19. Standards for all structures.
A. Anchoring. New structures and substantial improvement to
structures in areas of special flood hazard shall be anchored to prevent
flotation, collapse or lateral movement during the base flood. This requirement
is in addition to applicable state and local anchoring requirements for
resisting wind forces.
B. Construction materials and methods.
(1) New construction and substantial improvements to structures shall
be constructed with materials and utility equipment resistant to flood damage.
(2) New construction and substantial improvements to structures shall
be constructed using methods and practices that minimize flood damage.
(3) For enclosed areas below the lowest floor of a structure within
Zone A1-A30, AE or AH and also Zone A if base flood elevation data are
available, new and substantially improved structures shall have fully enclosed
areas below the lowest floor that are usable solely for parking of vehicles,
building access or storage in an area other than a basement and which are
subject to flooding designed to automatically equalize hydrostatic flood forces
on exterior walls by allowing for the entry and exit of floodwaters. Designs
for meeting this requirement must either be certified by a licensed
professional engineer or architect or meet or exceed the following minimum
criteria: A minimum of 2 openings have a total net area of not less than 1
square inch for every square foot of enclosed area subject to flooding; and the
bottom of all such openings no higher than 1 foot above the lowest adjacent
finished grade. Openings may be equipped with louvers, valves, screens or other
coverings or devices, provided that they permit the automatic entry and exit of
floodwaters.
(4) Within Zones V1-V30 and VE and also within Zone V if base flood
elevation are available, new construction and substantial improvements shall
have the space below the lowest floor either free from obstruction or
constructed with nonsupporting breakaway walls, open wood latticework or insect
screening intended to collapse under wind and water loads without causing
collapse, displacement or other structural damage to the elevated portion of
the building or supporting foundation system. The enclosed space below the
lowest floor shall be used only for parking vehicles, building access or
storage. Use of this space for human habitation is expressly prohibited. The
construction of stairs, stairwells and elevator shafts are subject to the design
requirements for breakaway walls.
C. Utilities.
(1) Machinery and equipment servicing a building must either be
elevated to or above the base flood level or designed to prevent water from
entering or accumulating within the components during a flood. This includes
heating, ventilating, air-conditioning equipment, hot-water heaters,
appliances, elevator-lift machinery and electrical junction and circuit breaker
boxes. When located below the base flood elevation, a professional engineer's
or architect's certification of the design is required.
(2) New and replacement water supply systems shall be designed to
minimize or eliminate infiltration of floodwaters into the system.
(3) New and replacement sanitary sewage systems shall be designed to
minimize or eliminate infiltration of floodwaters. Sanitary sewer and storm
drainage systems for buildings that have openings below the base flood
elevation shall be provided with automatic backflow valves or other automatic
backflow devices that are installed in each discharge line passing through a
building's exterior wall.
(4) On-site waste disposal systems shall be located to avoid
impairment to them or contamination from them during flooding.
§ 65-20. Residential structures except in coastal
high-hazard areas.
The following standards,
in addition to the standards in §§ 65-18B and C and 65-19, apply to structures
located in areas of special flood hazard as indicated:
A. Within Zones A1-A30, AE and AH and also Zone A if base flood
elevation data are available, new construction and substantial improvements
shall have the lowest floor (including basement) elevated to or above the base
flood level.
B. Within Zone A, when no base flood elevation data are available,
new and substantially improved structures shall have the lowest floor
(including basement) elevated at least 3 feet above the highest adjacent grade.
C. Within Zone AO, new and substantially improved structures shall
have the lowest floor (including basement) elevated above the highest adjacent
grade at least as high as the depth number specified in feet on the community's
Flood Insurance Rate Map enumerated in § 65-6 (at least 2 feet if no depth
number is specified).
D. Within Zones AH and AO, adequate drainage paths are required to
guide floodwaters around and away from proposed structures on slopes.
§ 65-21. Residential structures in coastal high-hazard
areas.
The following standards,
in addition to the standards in §§ 65-18B and C and 65-19, apply to structures
located in areas of special flood hazard shown as Zones V1-V30, VE or V on the
community's Flood Insurance Rate Map designated in § 65-6.
A. Elevation. New construction and substantial improvements shall
be elevated on pilings, columns or shear walls such that the bottom of the
lowest horizontal structural member supporting the lowest elevated floor
(excluding columns, piles, diagonal bracing attached to the piles or columns,
grade beams, pile caps and other members designed to either withstand storm
action or break away without imparting damaging loads to the structure) is
elevated to or above the level of the base flood so as not to impede the flow
of water.
B. Determination of loading forces. Structural design shall consider
the effects of wind and water loads acting simultaneously during the base flood
on all building components.
(1) The structural design shall be adequate to resist water forces
that would occur during the base flood. Horizontal water loads considered shall
include inertial and drag forces of waves, current drag forces and impact
forces from waterborne storm debris. Dynamic uplift loads shall also be
considered if bulkheads, walls or other natural or man-made flow obstructions
could cause wave runup beyond the elevation of the base flood.
(2) Buildings shall be designed and constructed to resist the forces
due to wind pressure. Wind forces on the superstructure include windward and
leeward forces on vertical walls, uplift on the roof, internal forces when
openings allow wind to enter the house and upward force on the underside of the
house when it is exposed. In the design, the wind should be assumed to blow
potentially from any lateral direction relative to the house.
(3) Wind loading values used shall be those required by the Building
Code.
C. Foundation standards.
(1) The pilings or column foundation and structure attached thereto
shall be adequately anchored to resist flotation, collapse or lateral movement
due to the effects of wind and water pressures acting simultaneously on all
building components. Foundations must be designed to transfer safely to the
underlying soil all loads due to wind, water, dead load, live load and other
loads (including uplift due to wind and water).
(2) Spread footings and fill material shall not be used for
structural support of a new building or substantial improvement of an existing
structure.
D. Pile-foundation design.
(1) The design ratio of pile spacing to pile diameter shall not be
less than 8 to 1 for individual piles. (This shall not apply to pile clusters
located below the design grade). The maximum center-to-center spacing of wood
piles shall not be more than 12 feet on center under load bearing sills, beams
or girders.
(2) Pilings shall have adequate soil penetration (bearing capacity)
to resist the combined wave and wind loads (lateral and uplift) associated with
the base flood acting simultaneously with typical structure (live and dead)
loads and shall include consideration of decreased resistance capacity caused
by erosion of solid strata surrounding the piles. The minimum penetration for
foundation piles is to an elevation of 5 feet below mean sea level (msl) datum
if the base flood elevation (BFE) is plus 10 msl or less or to be at least 10
feet below msl if the BFE is greater than plus 10 msl.
(3) Pile-foundation analysis shall also include consideration of
piles in column action from the bottom of the structure to the stable soil
elevation of the site. Pilings may be horizontally or diagonally braced to
withstand wind and water forces.
(4) The minimum acceptable sizes for timber piles are a tip diameter
of 8 inches for round timbers piles and 8 inches by 8 inches for square timber
piles. All wood piles must be treated in accordance with requirements of
EPEE-C3 to minimize decay and damage from fungus.
(5) Reinforced-concrete piles shall be cast of concrete having a
twenty-eight-day ultimate compressive strength of not less than 5,000 pounds
per square inch and shall be reinforced with a minimum of 4 longitudinal steel
bars, having a combined area of not less than 1% nor more than 4% of the gross
concrete area. Reinforcing for the precast piles shall have a concrete cover of
not less than 1 1/4 inches for No. 5 bars and smaller and not less than 1 1/2
inches for No. 6 through No. 11 bars. Reinforcement for piles cast in the field
shall have a concrete cover of not less than 2 inches.
(6) Piles shall be driven by means of a pile driver or drop hammer,
jetted or augered into place.
(7) Additional support for piles in the form of bracing may include
lateral or diagonal bracing between piles.
(8) When necessary, piles shall be braced at the ground line in both
directions by a wood timber grade beam or a reinforced-concrete grade beam.
These at-grade supports should be securely attached to the piles to provide
support even if scoured from beneath.
(9) Diagonal bracing between piles, consisting of 2-inch-by-8-inch
(minimum) members bolted to the piles, shall be limited in location to below
the lowest supporting structural member and above the stable solid elevation
and aligned in the vertical plane along pile rows perpendicular to the
shoreline. Galvanized-steel rods (minimum diameter of 1/2 inch) or cable-type bracing is permitted
in any plane.
(10) Knee braces, which stiffen both the upper portion of a pile and the
beam-to-pile connection, may be used along pile rows perpendicular and parallel
to the shoreline. Knee braces shall be 2-by-8 lumber bolted to the sides of the
pile/beam, or 4-by-4 or larger braces framed into the pile/beam. Bolting shall
consist of 2 five-eighths-inch galvanized-steel bolts (each end) for 2-by-8
members or 1 five-eighths-inch lag bolt (each end) for square members. Knee
braces shall not extend more than 3 feet below the elevation of the base flood.
E. Column-foundation design. Masonry piers or poured-in-place
concrete piers shall be internally reinforced to resist vertical and lateral
loads and be connected with a movement-resisting connection to a pile cap or
pile shaft.
F. Connectors and fasteners. Galvanized metal connectors, wood
connectors or bolts of size and number adequate for the calculated loads must
be used to connect adjoining components of a structure. Toe nailing as a
principal method of connection is not permitted. All metal connectors and
fasteners used in exposed locations shall be steel, hot-dipped galvanized after
fabrication. Connectors in protected interior locations shall be fabricated
from galvanized sheet.
G. Beam-to-pile connections. The primary floor beams or girders
shall span the supports in the direction parallel to the flow of potential
floodwater and wave action and shall be fastened to the columns or pilings by
bolting, with or without cover plates. Concrete members shall be connected by
reinforcement, if cast in place, or, if precast, shall be securely connected by
bolting and welding. If sills, beams or girders are attached to wood piling at
a notch, a minimum of 2 five-eighths-inch galvanized steel bolts or 2
hot-dipped galvanized straps 3/16 inch by 4 inches by 18 inches, each bolted
with 2 one-half-inch lag bolts per beam member, shall be used. Notching of pile
tops shall be the minimum sufficient to provide ledge support for beam members
without unduly weakening pile connections. Piling shall not be notched so that
the cross section is reduced below 50%.
H. Floor and deck connections.
(1) Wood 2-by-4-inch (minimum) connectors or metal joist anchors
shall be used to tie floor joists to floor beams/girders. These should be
installed on alternate floor joists, at a minimum. Cross bridging of all floor
joists shall be provided. Such cross bridging may be one-by-three-inch members,
placed 8 feet on center maximum or solid bridging of same depth as the joist at
the same spacing.
(2) Plywood should be used for subflooring and attic flooring to
provide good torsional resistance in the horizontal plane of the structure. The
plywood should not be less than three-fourths-inch total thickness and should
be exterior grade and fastened to beams or joists with 8d annular- or
spiral-thread galvanized nails. Such fastening shall be supplemented by the
application of waterproof industrial adhesive applied to all bearing surfaces.
I. Exterior wall connections. All bottom plates shall have any
required breaks under a wall stud or an anchor bolt. Approved anchors will be
used to secure rafters or joists and top and bottom plates to studs in exterior
and bearing walls to form a continuous tie. Continuous 15/32-inch or thicker
plywood sheathing, overlapping the top wall plate and continuing down to the
sill, beam or girder may be used to provide the continuous tie. If the sheets
of plywood are not vertically continuous, then 2-by-4 nailer blocking shall be
provided at all horizontal joints. In lieu of the plywood, galvanized-steel
rods of one-half-inch diameter or galvanized-steel straps not less than 1 inch
wide by 1/16 inch thick may be used to connect from the top wall plate to the
sill, beam or girder. Washers with a maximum diameter of 3 inches shall be used
at each end of the one-half-inch round rods. These anchors shall be installed
no more than 2 feet from each corner rod, no more than 4 feet on center.
J. Ceiling joist/rafter connections.
(1) All ceiling joists or rafters shall be installed in such a manner
that the joists provide a continuous tie across the rafters. Ceiling joists and
rafters shall be securely fastened at their intersections. A metal or wood
connector shall be used at alternate ceiling joist/rafter connections to the
wall top plate.
(2) Gable roofs shall be additionally stabilized by installing 2-by-4
blocking on 2-foot centers between the rafters at each gable end. Blocking
shall be installed a minimum of 8 feet toward the house interior from each
gable end.
K. Projecting members. All cantilevers and other projecting members
must be adequately supported and braced to withstand wind and water uplift
forces. Roof eave overhangs shall be limited to a maximum of 2 feet and joist
overhangs to a maximum of 1 foot. Larger overhangs and porches will be
permitted if designed or reviewed by a registered professional engineer or
architect and certified in accordance with § 65-12J of this chapter.
L. Roof sheathing.
(1) Plywood or other material, when used as roof sheathing, shall not
be less than 15/32 inch in thickness and shall be of exterior sheathing grade
or equivalent. All attaching devices for sheathing and roof coverings shall be
galvanized or be of other suitable corrosion-resistant material.
(2) All corners, gable ends and roof overhangs exceeding 6 inches
shall be reinforced by the application of waterproof industrial adhesive applied
to all bearing surfaces of any plywood sheet used in the sheathing of such
corner, gable end or roof overhang.
(3) In addition, roofs should be sloped as steeply as practicable to
reduce uplift pressures, and special care should be used in securing ridges,
hips, valleys, eaves, vents, chimneys and other points of discontinuity in the
roofing surface.
M. Protection of openings. All exterior glass panels, windows and
doors shall be designed, detailed and constructed to withstand loads due to the
design wind speed of 75 miles per hour. Connections for these elements must be
designed to transfer safely the design loads to the supporting structure. Panel
widths of multiple-panel sliding glass doors shall not exceed 3 feet.
N. Breakaway wall design standards.
(1) The breakaway wall shall have a design safe-loading resistance of
not less than 10 and not more than 20 pounds per square foot, with the
criterion that the safety of the overall structure at the point of wall failure
be confirmed using established procedures. Grade beams shall be installed in
both directions for all piles considered to carry the breakaway wall load. Knee
braces are required for front row piles that support breakaway walls.
(2) Use of breakaway-wall strengths in excess of 20 pounds per square
foot shall not be permitted unless a registered professional engineer or
architect has developed or reviewed the structural design and specifications
for the building foundation and breakaway-wall components and certifies that:
the breakaway walls will fail under water loads less than those that would
occur during the base flood; and the elevated portion of the building and
supporting foundation system will not be subject to collapse, displacement or
other structural damage due to the effects of wind and water loads acting
simultaneously on all building components (structural and nonstructural). Water
loading values used shall be those associated with the base flood. Wind loading
values shall be those required by the Building Code.
§ 65-22. Nonresidential structures except in coastal
high-hazard areas.
The following standards
apply to new and substantially improved commercial, industrial and other
nonresidential structures, in addition to the requirements in §§ 65-18B and C
and 65-19:
A. Within Zones A1-A30, AE and AH and also Zone A if base flood
elevation data are available, new construction and substantial improvements of
any nonresidential structure, together with attendant utility and sanitary
facilities, shall either:
(1) Have the lowest floor, including basement or cellar, elevated to
or above the base flood elevation; or
(2) Be floodproofed so that the structure is watertight below the
base flood level with walls substantially impermeable to the passage of water.
All structural components located below the base flood level must be capable of
resisting hydrostatic and hydrodynamic loads and the effects of buoyancy.
B. Within Zone AO, new construction and substantial improvements of
nonresidential structures shall:
(1) Have the lowest floor (including basement) elevated above the
highest adjacent grade at least as high as the depth number specified in feet
on the community's FIRM (at least 2 feet if no depth number is specified); or
(2) Together with attendant utility and sanitary facilities, be
completely floodproofed to that level to meet the floodproofing standard
specified in § 65-22A(2).
C. If the structure is to be floodproofed, a licensed professional
engineer or architect shall develop and/or review structural design,
specifications and plans for construction. A floodproofing certificate or other
certification shall be provided to the local administrator that certifies the
design and methods of construction are in accordance with accepted standards or
practice for meeting the provisions of § 65-22A(2), including the specific
elevation (in relation to mean sea level) to which the structure is to be
floodproofed.
D. Within Zones AH and AO, adequate drainage paths are required to
guide floodwaters around and away from proposed structures on slopes.
E. Within Zone A, when no base flood elevation data are available,
the lowest floor (including basement) shall be elevated at least 3 feet above
the highest adjacent grade.
§ 65-23. Nonresidential structures in coastal
high-hazard areas.
In Zones V1-V30, VE and
also Zone V if base flood elevations are available, new construction and
substantial improvements of any nonresidential structure, together with attendant
utility and sanitary facilities, shall have the bottom of lowest member of the
lowest floor elevated to or above the base flood elevation. Floodproofing of
structures is not an allowable alternative to elevating the lowest floor to the
base flood elevation in Zones V1-V30, VE and V.
§ 65-24. Manufactured homes and recreational vehicles.
The following standards,
in addition to the standards in §§ 65-18 and 65-19, apply, in areas of special
flood hazard, to manufactured homes and to recreational vehicles which are
located in areas of special flood hazard.
A. Recreational vehicles placed on sites within Zones A1-A30, AE,
AH, V1-V30, V and VE shall either be on site fewer than 180 consecutive days;
be fully licensed and ready for highway use; or meet the requirements for
manufactured homes in § 65-24B, D and E. A recreational vehicle is ready for
highway use if it is on its wheels or jacking system, is attached to the site
only by quick-disconnect-type utilities and security devices and has no permanently
attached additions.
B. A manufactured home that is placed or substantially improved in
Zones A1-A30, AE, AH, V1-V30 or VE that is on a site either: outside of an
existing manufactured home park or subdivision as herein defined; in a new
manufactured home park or subdivision as herein defined; in an expansion to an
existing manufactured home park or subdivision as herein defined; or in an
existing manufactured home park or subdivision as herein defined on which a
manufactured home has incurred substantial damage as the result of a flood
shall, within Zones A1-A30, AE and AH, be elevated on a permanent foundation
such that the lowest floor is elevated to or above the base flood elevation and
is securely anchored to an adequately anchored foundation system to resist
flotation, collapse and lateral movement or, within Zones V1-V30 and VE, be
elevated on a pile foundation such that the bottom of the lowest structural
member of the lowest floor (excluding pilings and columns) is elevated to or
above the base flood elevation and securely anchored to an adequately anchored
foundation system to resist flotation, collapse and lateral movement. Elevation
on piers consisting of dry-stacked blocks is prohibited. Methods of anchoring
may include but are not limited to use of over-the-top or frame ties to ground
anchors.
C. A manufactured home to be placed or substantially improved in
Zone A1-A30, AE, AH, V1-V30 or VE in an existing manufactured home park or
subdivision that is not to be placed on a site on which a manufactured home has
incurred substantial damage shall be:
(1) Elevated in a manner such as required in § 65-24B; or
(2) Elevated such that the manufactured home chassis is supported by
reinforced piers or other foundation elements of at least equivalent strength
that are no less than 36 inches in height above grade and are securely anchored
to an adequately anchored foundation system to resist flotation, collapse or
lateral movement. Elevation on piers consisting of dry-stacked blocks is
prohibited.
D. Within Zones A or V, when no base flood elevation data are
available, new and substantially improved manufactured homes shall be elevated
such that the manufactured home chassis is supported by reinforced piers or
other foundation elements of at least equivalent strength that are no less than
36 inches in height above the lowest adjacent grade and are securely anchored
to an adequately anchored foundation system to resist flotation, collapse or
lateral movement. Elevation on piers consisting of dry-stacked blocks is
prohibited.
E. Within Zone AO, the floor shall be elevated above the highest
adjacent grade at least as high as the depth number specified on the Flood
Insurance Rate Map enumerated in § 65-6 (at least 2 feet if no depth number is
specified). Elevation on piers consisting of dry-stacked blocks is prohibited.
ARTICLE V
Variance
Procedure
§ 65-25. Appeals Board.
A. The Board of Zoning Appeals shall hear and decide appeals and
requests for variances from the requirements of this chapter. [Amended 5-3-2004 by L.L. No. 1-2004]
B. 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 local administrator in the enforcement or administration of this
chapter.
C. Those aggrieved by the decision of the Board of Zoning Appeals
may appeal such decision to the Supreme Court pursuant to Article 78 of the
Civil Practice Law and Rules.
D. 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 chapter and:
(1) The danger that materials may be swept onto other lands to the
injury of others;
(2) The danger to life and property due to flooding or erosion
damage;
(3) The susceptibility of the proposed facility and its contents to
flood damage and the effect of such damage on the individual owner;
(4) The importance of the services provided by the proposed facility
to the community;
(5) The necessity to the facility of a waterfront location, where
applicable;
(6) The availability of alternative locations for the proposed use
which are not subject to flooding or erosion damage;
(7) The compatibility of the proposed use with existing and
anticipated development;
(8) The relationship of the proposed use to the Comprehensive Plan
and floodplain management program of that area;
(9) The safety of access to the property in times of flood for
ordinary and emergency vehicles;
(10) The costs to local governments and the dangers associated with
conducting search and rescue operations during periods of flooding;
(11) The expected heights, velocity, duration, rate of rise and sediment
transport of the floodwaters and the effects of wave action, if applicable,
expected at the site; and
(12) The costs of providing governmental services during and after flood
conditions, including search and rescue operations and maintenance and repair
of public utilities and facilities, such as sewer, gas, electrical and water
systems and streets and bridges.
E. Upon consideration of the factors of § 65-25D and the purposes
of this chapter, the Board of Zoning Appeals may attach such conditions to the
granting of variances as it deems necessary to further the purposes of this
chapter.
F. The local administrator shall maintain the records of all
appeal actions, including technical information, and report any variances to
the Federal Emergency Management Agency upon request.
§ 65-26. Conditions for variances.
A. Generally, variances may be issued for new construction and
substantial improvements to be erected on a lot of 1/2 acre or less in size
contiguous to and surrounded by lots with existing structures constructed below
the base flood level, provided that the items in § 65-25D(1) through (12) have
been fully considered. As the lot size increases beyond the 1/2 acre, the
technical justification required for issuing the variance increases.
B. Variances may be issued for the repair or rehabilitation of
historic structures upon determination that:
(1) The proposed repair or rehabilitation will not preclude the
structure's continued designation as an historic structure.
(2) The variance is the minimum necessary to preserve the historic
character and design of the structure.
C. Variances may be issued by a community for new construction and
substantial improvements and for other development necessary for the conduct of
a functionally dependent use, provided that:
(1) The criteria of Subsections A, D, E and F of this section are
met.
(2) The structure or other development is protected by methods that
both minimize flood damages during the base flood and create no additional
threat to public safety.
D. Variances shall not be issued within any designated floodway if
any increase in flood levels during the base flood discharge would result.
E. Variances shall only be issued upon a determination that the
variance is the minimum necessary, considering the flood hazard, to afford
relief.
F. Variances shall only be issued upon receiving written
justification of:
(1) A showing of good and sufficient cause;
(2) A determination that failure to grant the variance would result
in exceptional hardship to the applicant; and
(3) A determination that the granting of a variance will not result in
increased flood heights, additional threats to public safety, extraordinary
public expense, create nuisances, cause fraud on or victimization of the public
or conflict with existing laws or ordinances.
G. Any applicant to whom a variance is granted for a building with the lowest floor below the base flood elevation shall be given written notice over the signature of a community official that the cost of flood insurance will be commensurate with the increased risk resulting from lowest floor elevation.[1]
[1]. Editor's Note:
Attachment A, Model Floodplain Development Application Form, and Attachment B,
Sample Certificate of Compliance, which were included at the end of L.L. No.
1-1997, are on file and available for inspection in the Village Clerk's office.