[HISTORY: Adopted by the Board of Trustees of the Village of Chester
as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-9-1975[1]]
[1]
Editor's Note: The preamble to this resolution provided as follows:
"WHEREAS, certain areas of the Village of Chester are subject to periodic
flooding from streams, causing serious damages to properties within these
areas; and
"WHEREAS, relief is available in the form of federally subsidized
flood Insurance as authorized by the National Flood Insurance Act of 1968;
and
"WHEREAS, it is the intent of this Board of Trustees to require the
recognition and evaluation of flood hazards in all official actions relating
to land use in the floodplain areas having special flood hazards; and
"WHEREAS, this body has the legal authority to adopt land use and
control measures to reduce future flood losses pursuant to Article 7 of the
Village Law of the State of New York, Article 18 of the Executive Law of the
State of New York and § 10 of the Municipal Home Rule Law of the
State of New York;
"NOW, THEREFORE, BE IT RESOLVED . . ."
The Board of Trustees hereby assures the Federal Insurance Administration
that it will enact, as necessary, and maintain in force for those areas having
flood or mudslide hazards, adequate land use and control measures with effective
enforcement provisions consistent with the criteria set forth in § 1910
of the National Flood Insurance Program Regulations.
The Board of Trustees hereby vests the Building Inspector with the responsibility,
authority and means to:
A.
Delineate or assist the Administrator,[1] at his request, in delineating the limits of the areas having
special flood hazards on available local maps of sufficient scale to identify
the location of building sites.
[1]
Editor's Note: As used in this section, "Administrator" refers to
the Administrator of the Federal Insurance Administration.
B.
Provide such information as the Administrator may request
concerning present uses and occupancy of the floodplain.
C.
Cooperate with the federal, state and local agencies
and private firms which undertake to study, survey, map and identify floodplains,
and cooperate with neighboring communities with respect to management of adjoining
floodplains in order to prevent aggravation of existing hazards.
D.
Submit on the anniversary date of the community's initial
eligibility an annual report to the Administrator on the progress made during
the past year within the community in the development and implementation of
floodplain management measures.
The Board of Trustees hereby appoints the Village Clerk to maintain
for public inspection and to furnish upon request a record of elevations (in
relation to mean sea level) of the lowest floor, including basement, of all
new or substantially improved structures located in the special flood hazard
areas. If the lowest floor is below grade on one or more sides, the elevation
of the floor immediately above must also be recorded.
The Board of Trustees hereby agrees to take such other official action
as may be reasonably necessary to carry out the objectives of the program.
[Adopted 6-9-1975]
The Building Inspector shall review all building permit applications
for new construction or substantial improvements[1] to determine whether proposed building sites will
be reasonably safe from flooding. If a proposed building site is in a location
that has a flood hazard, any proposed new construction or substantial improvement
(including prefabricated and mobile homes) must:
The Building Inspector shall review subdivision proposals and other
proposed new developments[1] to assure that:
A.
All such proposals are consistent with the need to minimize
flood damage.
B.
All public utilities and facilities, such as sewer, gas,
electrical and water systems, are located, elevated and constructed to minimize
or eliminate flood damage.
C.
Adequate drainage is provided so as to reduce exposure
to flood hazards.
The Building Inspector shall require new or replacement water supply
systems[1] and/or sanitary sewage systems to be designed to minimize or eliminate
infiltration of floodwaters into the systems and discharges from the systems
into floodwaters and shall require on-site waste disposal systems to be located
so as to avoid impairment of them or contamination from them during flooding.
