The Village Board of the Village of Haverstraw finds that the
potential and/or actual damages from flooding and erosion may be a
problem to the residents of the Village of Haverstraw 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.
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 for and maintain participation in the National Flood Insurance
Program.
The objectives of this chapter are:
A. To protect human life and health;
B. To minimize expenditure of public money for costly flood-control
projects;
C. To minimize the need for rescue and relief efforts associated with
flooding and generally undertaken at the expense of the general public;
D. To minimize prolonged business interruptions;
E. To 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. 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;
G. To provide that developers are notified that property is in an area
of special flood hazard; and
H. To ensure that those who occupy the areas of special flood hazard
assume responsibility for their actions.
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.
ADVISORY BASE FLOOD ELEVATION (ABFE)
The elevation shown on a community's Advisory Flood Hazard
Map that indicates the advisory stillwater elevation plus wave effect
(ABFE = SWEL + wave effect) resulting from a flood that has a 1% for
greater chance of being equaled or exceeded in any given year.
[Added 7-19-2021 by L.L.
No. 6-2021]
ADVISORY FLOOD HAZARD AREA (AFHA)
The land in the floodplain within a community subject to
flooding from the 1% annual chance event depicted on the Advisory
Flood Hazard Map.
[Added 7-19-2021 by L.L.
No. 6-2021]
ADVISORY FLOOD HAZARD MAP
The official map on which the Federal Emergency Management
Administration has delineated the areas of advisory flood hazards
applicable to the community.
[Added 7-19-2021 by L.L.
No. 6-2021]
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 one foot to three 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." For purposes of this chapter, the
term "special flood hazard area (SFHA)" is synonymous in meaning with
the phrase "area of special flood hazard."
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.
[Added 7-19-2021 by L.L.
No. 6-2021]
CELLAR
Has 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. The "coastal high hazard area" shall also include areas
an a FIRM within a Zone AE that is bounded by a line labeled "limit
of moderate wave action."
[Added 7-19-2021 by L.L.
No. 6-2021]
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 the 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 nonbasement building i) 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 ii) 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. 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 Zone 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.
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 or FLOODING
A.
A general and temporary condition of partial or complete inundation
of normally dry land areas from:
(1)
The overflow of inland or tidal waters.
(2)
The 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.
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
Has 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 Building Inspector,
Code Enforcement Officer, 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 the 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 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 does not include a "recreational vehicle."
MEAN SEA LEVEL
For purposes of the National Flood Insurance Program, the
National Geodetic Vertical Datum (NGVD) of 1929, the North American
Vertical Datum of 1988 (NAVD 88), or other datum, to which base flood
elevations shown on a community's Flood Insurance Rate Map are referenced.
MOBILE HOME
Has the same meaning as "manufactured home."
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.
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.
[Added 7-19-2021 by L.L.
No. 6-2021]
PRINCIPALLY ABOVE GROUND
That at least 51% of the actual cash value of the structure,
excluding land value, is above the 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 §
141-14B of this chapter.
SAND DUNES
Naturally occurring accumulations of sand in ridges or mounds
landward of the beach.
[Added 7-19-2021 by L.L.
No. 6-2021]
START OF CONSTRUCTION
The date of permit issuance for new construction and substantial
improvements to existing structures, provided that the actual start
of construction, repair, reconstruction, rehabilitation, addition
placement, or other improvement is within 180 days after the date
of issuance. The "actual start of construction" means the first placement
of permanent construction of a building (including a manufactured
home) on a site, such as the pouring of a slab or footings, installation
of pilings or construction of columns. Permanent construction does
not include land preparation (such as clearing, excavation, grading,
or filling), or the installation of streets or walkways, or excavation
for a basement, footings, piers or foundations, or the erection of
temporary forms, or the installation of accessory buildings such as
garages or sheds not occupied as dwelling units or not part of the
main building. For a substantial improvement, the actual "start of
construction" means the first alteration of any wall, ceiling, floor,
or other structural part of a building, whether or not that alteration
affects the external dimensions of the building.
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.
VIOLATION
The failure of a structure or other development to be fully
compliant with the community's floodplain management regulations.