The Board of Trustees of the Village of Amityville finds that
the potential and/or actual damages from flooding and erosion may
be a problem to the residents of the Village of Amityville 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.
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.
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.
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 non-basement building built, in the case of a building
in Zones 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 Zones 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 Zones 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.
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 the Code Enforcement Officer.
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.
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.
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 §
88-14B of this chapter.
SAND DUNES
Naturally occurring accumulations of sand in ridges or mounds
landward of the beach.
START OF CONSTRUCTION
A.
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.
B.
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.
This chapter shall apply to all areas of special flood hazard
within the jurisdiction of the Village of Amityville.
The invalidity of any section or provision of this chapter shall
not invalidate any other section or provision thereof.
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 Village of Amityville 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 §§
88-16 and
88-17 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 Village of Amityville, 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 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.
The applicant shall provide the following information as appropriate.
Additional information may be required on the permit application form.
The building permit application shall also serve as the application
for a floodplain development permit, provided that all information
required in this section is provided with such application.
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 Zones 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 §
88-15B(3), Utilities.
E. A certificate from a licensed professional engineer or architect that any nonresidential floodproofed structure will meet the floodproofing criteria in §
88-15E, Nonresidential structures.
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 §
88-6, 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 five
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.
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 §
88-13, Application for 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 §
88-15 and, in particular, §
88-15A(2), 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 §
88-15, 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 §
88-13G, 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
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). 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. 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.
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 §
88-9 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 §
88-9 of this chapter.
G. Certificate of compliance.
(1) In areas of special flood hazard, as determined by documents enumerated in §
88-6, 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 §
88-14E, 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) Certifications of as-built lowest floor elevations of structures, required pursuant to Subsection
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 §§
88-16 and
88-17, Variance procedures; and
(5) Notices required under Subsection
C, Alteration of watercourses.