A.
The boundary lines for the Floodway, Floodway Fringe
and Flood Hazard Area District as shown on the Official Ellicott Zoning
District Map. The boundaries for the Flood Hazard Area District originate
from the Federal Insurance Administration (FIA) Flood Hazard Boundary
Maps which are distributed to the Town. The boundaries for the Floodway/Floodway
Fringe originate in the study "Floodplain Information, Chadakoin River,"
prepared by the United States Corps. of Engineers, October 1970.
B.
It has also been determined that with the operation
of Warner Dam in accordance with a water level program that would
identify a Chautauqua Lake summer elevation at an acceptable maximum
of 1,308.25 feet above mean sea level that the onset of flood damage
would be at an elevation of 1,309 feet above mean sea level and that
the one-hundred-year flood level would place the lake elevation at
1,310.6 feet above mean sea level.
It should be noted that the Flood Hazard Area Maps may not include all special flood hazard areas within the Town and may be updated periodically by the Federal Insurance Administration. These further modifications (including expansion of the Floodway/Floodway Fringe designations) will meet amendment procedures as set forth in § 146-78. It should also be pointed out that an appeals procedure is available also within the 1969 Federal Flood Insurance Law, as amended.
The grant of a permit or approval of a subdivision
plan in any floodplain district shall not constitute a representation,
guarantee, or warranty of any kind by the municipality, or by any
official or employee thereof of the practicability or safety of the
proposed use, and shall create no liability upon the municipality,
its officials or employees.
It shall be required that all new construction,
substantial improvements, subdivision proposals, new developments
and new or replacement water supply/sanitary sewage systems will come
under the following permit system if it falls within the Flood Hazard
Area District:
A.
The Building Inspector shall review all building permit
applications for new construction or substantial improvements 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 be designed or modified and anchored
to prevent flotation, collapse or lateral movement of the structure,
use construction materials and utility equipment that are resistant
to flood damage and use construction methods and practices that will
minimize flood damage; and
B.
The Building Inspector shall review subdivision proposals
and other proposed new developments to assure that all such proposals
are consistent with the need to minimize flood damage, all public
utilities and facilities, such as sewer, gas, electrical and water
systems are located, elevated and constructed to minimize or eliminate
flood damage, and adequate drainage is provided so as to reduce exposure
to flood hazards; and
C.
The Building Inspector shall require new or replacement
water supply systems 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 require on-site
waste disposal systems to be located so as to avoid impairment of
them or contamination from them during flooding.
A.
When the Federal Insurance Administration provides the water surface elevations for the one-hundred-year flood but has not provided data sufficient to identify the Floodway/Floodway Fringe Districts, then the Town must: meet the requirements of § 146-54.
B.
Additionally, the Building Inspector will ensure that:
(1)
New construction or substantial improvements of residential
structures within the Flood Hazard Area District will have the lowest
floor (including basement) elevated to or above the level of the one-hundred-year
flood;
(2)
New construction or substantial improvements of nonresidential
structures within the Flood Hazard Area District will have the lowest
floor (including basement) elevated to or above the level of the one-hundred-year
flood or, together with attendant utility and sanitary facilities,
will be floodproofed up to the level of the one-hundred-year flood;
and
(3)
In riverine situations, provide that until a floodway
has been designated, no use including a landfill may be permitted
within the floodplain area having special flood hazards unless the
applicant for the land use has demonstrated that the proposed use,
when combined with all other existing and anticipated uses, will not
increase the water surface elevation of the one-hundred-year flood
more than one foot at any point.
B.
The Building Inspector shall ensure that existing
nonconforming uses in the Floodway District shall not be expanded,
but may be modified, altered or repaired to incorporate floodproofing
measures, provided that such measures do not raise the level of the
one-hundred-year flood.
C.
The Building Inspector shall prohibit fill or encroachments
within the designated floodway that would impair its ability to carry
and discharge the waters resulting from the one-hundred-year flood,
except where the effects on flood heights is fully offset by stream
improvements.
D.
The Building Inspector shall ensure that all permitted
structures shall have a low flood damage potential; shall be constructed
and placed on the building site so as to offer the minimum obstruction
to the flow of floodwaters (i.e., longitudinal axis parallel to the
direction of flood flow, and placement approximately on the same flood
flow lines as those of adjoining structures); and shall be firmly
anchored to prevent flotation which may result in damage to other
structures; restrictions of bridge openings and other narrowing of
the stream or river; and service facilities such as electrical and
heating equipment shall be constructed at or above the flood protection
elevation for the particular area or shall be floodproofed.
The following uses shall be permitted within
the designated floodway: general farming, including but not limited
to animal husbandry practices (e.g., the breeding and raising of cattle,
sheep, pigs, etc.); the sale of agricultural products grown on the
premises; open recreational uses (e.g., parks, playgrounds, golf courses,
etc.) but not intensive commercial recreational uses (e.g., race tracks,
amusement parks, campgrounds, etc.); wildlife, game and forest preserves;
off-street parking area; lawns, gardens and play areas; open space
preservation for historic, scientific and scenic sites.
A.
No structure (temporary or permanent), fill for any
purpose, deposit, obstruction, storage of materials or equipment or
other uses shall be permitted which, acting alone or in combination
with existing or future uses, will unduly affect the efficiency or
the capacity of the floodway or unduly increase flood heights, cause
increased velocities, or obstruct or otherwise catch or collect debris
which will obstruct flow under flood conditions.
B.
No structure for human habitation will be allowed
to be constructed within the Floodway District. Any items that are
buoyant, flammable, explosive or could be injurious to human, animal
or plant life in times of flooding are also prohibited.
These regulations apply only to the flood hazard area which lies west of the intersection of Chautauqua Lake and the City of Jamestown and along the shore line of Chautauqua Lake as indicated on the official maps. These regulations are in addition to those contained in § 146-54.
A.
Front yard requirements. No building or accessory
structure, including ground level courts or pools or similar constructed
facilities, shall be built within 50 feet of the shores of Chautauqua
Lake.
B.
Elevation requirements. No living or storage space
may be constructed below an elevation of 1,311.6 feet above mean sea
level. No life support system (heating, cooling, electric service,
general air conditioning or similar facilities) may be constructed
below an elevation of 1,311.6 feet above mean sea level except County
Health Department approved water supply and sewage systems. Structures
may be placed where ground elevation is below 1,311.6 feet above mean
sea level, but design of structures must meet elevations noted.
C.
Requirements concerning replacement of damaged or
destroyed existing structures. The above-noted yard requirements may
be waived to replace an existing structure lost or damaged by fire
or natural disaster. However, the replacement structure may not be
placed any closer to the lakeshore than it was previously located.
In the rebuilding of the structure, all elevation requirements noted
above must be adhered to.
The following uses shall be permitted within
the floodway fringe: any use, purpose or activity of a building, dwelling
unit, structure, lot, land or part thereof pertaining to any residential
uses (e.g. single-family dwellings, multiple-family dwellings, mobile
homes, etc.); any business, commercial or industrial uses (e.g., retail
stores, banks, restaurants, machine shops, etc.); any agricultural
or open spaces use (e.g., crop farming, golf course, playground, etc.);
or any other use (e.g., municipal buildings, schools, libraries, etc.);
except as limited by other articles of this chapter.
The following use requirements shall be sufficient
so as to compensate for a flood measuring one foot above the one-hundred-year
flood level for a given area:
A.
The minimum horizontal setback for all structures
shall be 75 feet from the toe of the slope of any watercourse. The
minimum setback for all structures shall be 50 feet measured back
from the road right-of-way line.
B.
Where public sewerage is not available and sewage
disposal is needed, no lot shall be built upon which has insufficient
space for a private sanitary waste disposal system, as determined
by the New York State Department of Health and the New York State
Department of Environmental Conservation or their agents.
The Building Inspector shall meet the requirements as set forth in § 146-56.