The Town Board of the Town of Saugerties, Ulster County, New
York, finds that the potential and/or actual damages from flooding
and erosion may be a problem to the residents of the Town of Saugerties
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, degrading 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 for 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.
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 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.
CELLAR
Has the same meaning as "basement."
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 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 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, AC, 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 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; or
(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.
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.
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
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 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.
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.
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 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 §
129-12B of this chapter.
START OF CONSTRUCTION
The date of permit issuance for new construction and substantial
improvements to existing structures, provided that 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 a historic structure, provided that the alteration
will not preclude the structure's continued designation as a
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.
This chapter shall apply to all areas of special flood hazard
within the jurisdiction of the Town of Saugerties, Ulster County.
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 who violates this chapter or fails to comply with any of its requirements shall, upon conviction thereof, be fined no more than $250 or imprisoned for not more than 15 days, or both. Each day of noncompliance shall be considered a separate offense. Nothing herein contained shall prevent the Town of Saugerties 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 §§
129-21 and
129-22 will be declared noncompliant and notification sent to the Federal Emergency Management Agency.
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 Town of Saugerties, 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.
The Building Inspector/Code Enforcement Officer is hereby appointed
local administrator to administer and implement this chapter by granting
or denying floodplain development permits in accordance with its provisions.
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 §
129-11C, Application for a permit, 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 §
129-13, General construction standards, and, in particular, §
129-14, Subdivision proposals.
(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 §
129-14, General construction standards, 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 §
129-11C(7), 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 is 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
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 is 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) 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.
E. 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.
F. Stop-work
orders.
(1) 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 §
129-8 of this chapter.
(2) 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 §
129-8 of this chapter.
G. Certificate
of compliance.
(1) In areas of special flood hazard, as determined by documents enumerated in §
129-6, 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.
(2) A certificate of compliance shall be issued by the local administrator
upon satisfactory completion of all development in areas of special
flood hazard.
(3) Issuance of the certificate shall be based upon the inspections conducted as prescribed in §
129-12E, 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.
H. Information
to be retained. The local administrator shall retain and make available
for inspection, copies of the following:
(1) Floodplain development permits and certificates of compliance;
(2) Certificates of as-built lowest floor elevations of structures, required pursuant to Subsections
D(1) and
(2) of this section, and whether or not the structures contain a basement;
(3) Floodproofing certificates required pursuant to Subsection
D(1) of this section, and whether or not the structures contain a basement;
(4) Variances issued pursuant to §§
129-21 and
129-22, concerning variance procedures; and
(5) Notices required under Subsection
C, Alteration of watercourses.
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 §
129-6.
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):
A. Proposals shall be consistent with the need to minimize flood damage;
B. Public utilities and facilities such as sewer, gas, electrical and
water systems shall be located and constructed so as to minimize flood
damage; and
C. Adequate drainage shall be provided to reduce exposure to flood damage.
Elevation. The following standards apply to new and substantially improved residential structures located in areas of special flood hazard, in addition to the requirements in §
129-14, Subdivision proposals, and §
129-15, Encroachments, and §
129-16, Standards for all structures.
A. Within Zones A1-A30, AE and AH and also Zone A if base flood elevation
data is available, new construction and substantial improvements shall
have the lowest floor (including basement) elevated to or above two
feet above the base flood elevation.
B. Within Zone A, when no base flood elevation data is available, new
and substantially improved structures shall have the lowest floor
(including basement) elevated at least three 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 two feet above the depth number specified in feet on the community's Flood Insurance Rate Map enumerated in §
129-6 (at least two feet if no depth number is specified).
D. Within Zone AH and AO, adequate drainage paths are required to guide
floodwaters around and away from proposed structures on slopes.
The following standards apply to new and substantially improved commercial, industrial and other nonresidential structures located in areas of special flood hazard, in addition to the requirements in §
129-14, Subdivision proposals, and §
129-15, Encroachments, and §
129-16, Standards for all structures.
A. Within Zones A1-A30, AE and AH and also Zone A if base flood elevation
data is 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 two feet above the base flood elevation; or
(2) Be floodproofed so that the structure is watertight below two feet
above the base flood elevation 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 two feet above the depth number
specified in feet on the community's FIRM (at least two 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 Subsection
A(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 of practice for meeting the provisions of Subsection
A(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 is available, the
lowest floor (including basement) shall be elevated at least three
feet above the highest adjacent grade.
The following standards, in addition to the standards in §
129-13, General construction standards, through §
129-16, Standards for all structures, apply, as indicated, 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.
(1) Recreational vehicles placed on sites within Zones A1-A30, AE and
AH shall either:
(a)
Be on site fewer than 180 consecutive days;
(b)
Be fully licensed and ready for highway use; or
(c)
Meet the requirements for manufactured homes in Subsections
B,
C and
D in this section.
(2) 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 and AH shall be elevated on a permanent foundation such
that the lowest floor is elevated to or above two feet above the base
flood elevation and is securely anchored to an adequately anchored
foundation system to resist flotation, collapse and lateral movement.
C. Within Zone A, when no base flood elevation data is 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 grade and are securely
anchored to an adequately anchored foundation system to resist flotation,
collapse or lateral movement.
D. 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 §
129-6 (at least two feet if no depth number is specified).