[HISTORY: Adopted by the Town Board of the Town of Lewisboro 10-9-2007 by L.L. No.
3-2007.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Building Code administration — See Ch. 92.
Environmental quality review — See Ch. 110.
Stormwater management — See Ch. 189.
Subdivision of land — See Ch. 195.
Wetlands and watercourses — See Ch. 217.
Zoning — See Ch. 220.
[1]
Editor's Note: This local law superseded former Ch. 126, Flood
Damage Prevention, adopted 4-15-1987 by L.L. No. 2-1987.
The Town of Lewisboro finds that the potential and/or actual
damages from flooding and erosion may be a problem to the residents
of the Town 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
accomplish the following:
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. As used in this chapter, the following terms shall have
the meanings indicated:
A request for a review of the Building Inspector's interpretation
of any provision of this chapter or a request for a variance.
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.
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 through A30, A99,
V, VO, VE, or V1 through 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."
The flood having a one-percent chance of being equaled or
exceeded in any given year.
That portion of a building having its floor subgrade (below
ground level) on all sides.
See "structure."
Has the same meaning as "basement."
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.
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.
A nonbasement building built, in the case of a building in
Zone A1 through 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
through 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 through
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 through 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.
The federal agency that administers the National Flood Insurance
Program.
An official map of the community published by the Federal
Emergency Management Agency as part of a community's Flood Insurance
Study. The FBFM delineates a regulatory floodway along watercourses
studied in detail in the Flood Insurance 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.
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.
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.
See "flood elevation study."
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 above.
Any land area susceptible to being inundated by water from
any source (see definition of "flooding").
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.
Has the same meaning as "regulatory floodway."
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.
The highest natural elevation of the ground surface, prior
to construction, next to the proposed walls of a structure.
Any structure that is:
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;
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;
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
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
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 Code Enforcement Officer
or Building Inspector.
The 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.
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.
A parcel (or contiguous parcels) of land divided into two
or more manufactured home lots for rent or sale.
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.
Has the same meaning as "manufactured home."
Structures for which the start of construction commenced
on or after the effective date of this chapter and includes any subsequent
improvements to such structure.
Has the same meaning as "base flood."
At least 51% of the actual cash value of the structure, excluding
land value, is above ground.
A vehicle which is:
Built on a single chassis;
Four hundred square feet or less when measured at the largest
horizontal projections;
Designed to be self-propelled or permanently towable by a light-duty
truck; and
Not designed primarily for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel, or seasonal
use.
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 § 126-14B of this chapter.
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.
A walled and roofed building, including a gas or liquid storage
tank, that is principally above ground, as well as a manufactured
home.
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.
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:
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
Any alteration of an historic structure, provided that the alteration
will not preclude the structure's continued designation as an
historic structure.
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 Lewisboro.
A.
The areas of special flood hazard for the Town of Lewisboro, Community
Number 361227, are identified and defined on the following documents
prepared by the Federal Emergency Management Agency:
(1)
Flood Insurance Rate Map Panel Numbers 36119C0062F, 36119C0064F,
36119C0066F, 36119C0067F, 36119C0068F, 36119C0069F, 36119C0090F, 36119C0095F
and 36119C0185F, whose effective date is September 28, 2007, and any
subsequent revisions to these map panels that do not affect areas
under the jurisdiction of the Town of Lewisboro.
(2)
A scientific and engineering report entitled "Flood Insurance Study,
Westchester County, New York, All Jurisdictions," dated September
28, 2007.
B.
The above documents are hereby adopted and declared to be a part
of this chapter. The Flood Insurance Study and/or maps are on file
at the office of the Town Clerk.
A.
This chapter includes all revisions to the National Flood Insurance
Program through March 20, 1997, and shall supersede all previous laws
adopted for the purpose of flood damage prevention.
B.
In their interpretation and application, the provisions of this chapter
shall be held to be minimum requirements, adopted for the promotion
of the public health, safety, and welfare. Whenever the requirements
of this chapter are at variance with the requirements of any other
lawfully adopted rules, regulations, ordinances, or local laws, the
most restrictive, or that imposing the higher standards, shall govern.
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 Town of Lewisboro 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 §§ 126-16 and 126-17 of this chapter will be declared noncompliant and notification will be 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 Lewisboro, any officer or employee or volunteer
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 of the Town of Lewisboro is hereby appointed
local administrator to administer and implement this chapter by granting
or denying floodplain development permits in accordance with its provisions.
A.
Purpose. A floodplain development permit is hereby established for all construction and other development to be undertaken in areas of special flood hazard in the Town of Lewisboro for the purpose of protecting its citizens from increased flood hazards and ensuring that new development is constructed in a manner that minimizes its exposure to flooding. It shall be unlawful to undertake any development in an area of special flood hazard, as shown on the Flood Insurance Rate Map enumerated in § 126-6 of this chapter, without a valid floodplain development permit. Application for a permit shall be made on forms furnished by the Building Inspector and may include, but not be limited to, plans, in duplicate, drawn to scale and showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing.
B.
Fees.
(1)
All applications for a floodplain development permit shall be accompanied
by a nonrefundable application fee in an amount set forth in a fee
schedule to be established by resolution of the Town Board. No fees
shall be required from the Town.
(2)
The Town Board, the Planning Board and the Zoning Board of Appeals, in the review of any application presented to them, may refer such application to any planner, engineer, environmental expert, legal counsel or other professional as such board shall deem reasonably necessary to assist it in the review of such application as required by law. Fees charged by such professionals shall be in accordance with fees usually charged for such services in the metropolitan New York region and pursuant to a contractual agreement between the Town and such professional. All such charges shall be paid by the Town upon submission of a Town voucher. The applicant shall reimburse the Town for the cost of such professional review services upon submission of a copy of the voucher or, at the discretion of the appropriate agency, in accordance with Chapter 195, Subdivision of Land, § 195-12D(2) herein, concerning the establishment of escrow accounts. The payment of such fees shall be required in addition to any and all other fees required by this or any other section of this chapter or any other Town law, ordinance or regulation.
(3)
In addition, the applicant shall be responsible for reimbursing the
Town of Lewisboro for any additional costs necessary for review, inspection
and approval of the project. The Building Inspector may require an
initial deposit of no more than $500 to cover these additional costs.
The applicant shall provide the following information as appropriate.
Additional information may be required on the permit application form.
A.
A certificate from a New York licensed professional engineer or architect that any utility floodproofing will meet the criteria in § 126-15D of this chapter.
B.
A certificate from a New York licensed professional engineer or architect that any nonresidential floodproofed structure will meet the floodproofing criteria in § 126-15F of this chapter.
C.
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 § 126-6 of this chapter, when notified by the Building Inspector, 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.
D.
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.
E.
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.
Duties of the Building Inspector shall include, but not be limited
to the following:
A.
Permit application review. The Building Inspector shall conduct the
following permit application review before issuing a floodplain development
permit:
(1)
Review all applications for completeness, particularly with the requirements of § 126-13 of this chapter, 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 § 126-15 of this chapter.
(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 Building Inspector 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 § 126-15 of this chapter, 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 Building Inspector 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 § 126-13E of this chapter, 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 Building Inspector
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)
Prior to permitting any alteration or relocation of a watercourse,
the Building Inspector shall require certified mail circulation of
an acceptable notice, the cost of which may be required to be paid
for by the applicant, to the following: the Lewisboro Town Clerk;
the Town Clerk of any adjacent municipality within the watershed of
said watershed of said watercourse; the Lewisboro Town and Planning
Boards; the New York City Department of Environmental Protection,
if any portion of the watershed of said watercourse is located within
the New York City watershed area; the New York State Department of
Environmental Protection; the United States Army Corps of Engineers;
and the Regional Director, Region II of the Federal Emergency Management
Agency.
(2)
Prior to permitting any alteration or relocation of a watercourse,
the Building Inspector shall determine that the applicant has provided
for maintenance within the altered or relocated portion of a watercourse
so that the flood-carrying capacity is not diminished.
D.
Construction stage.
(1)
In Zones A1 through 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,
the Building Inspector shall 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 New York State 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 Building
Inspector 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 Building Inspector 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 Building Inspector shall issue, or cause to be issued, a stop-work order for any floodplain development found ongoing without a floodplain development permit. Disregard of a stop-work order shall subject the violator to the penalties described in § 126-9 of this chapter.
(2)
The Building Inspector 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 any conditions of a duly authorized floodplain development permit. Disregard of a stop-work order shall subject the violator to the penalties described in § 126-9 of this chapter.
G.
Certificate of compliance.
(1)
In areas of special flood hazard, as determined by documents enumerated
in this chapter, 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 Building Inspector stating that
the building or land conforms to the requirements of this chapter.
(2)
A certificate of compliance shall be issued by the Building Inspector
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 Subsection E of this section, 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.
(4)
Upon completion of the lowest floor, the permittee shall submit to
the Building Inspector an "as-built" elevation, certified by a New
York State licensed professional engineer or surveyor.
(5)
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 through 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 Building Inspector
the as-built elevation, certified by a New York licensed professional
engineer or surveyor.
(6)
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 Building Inspector the as-built floodproofed
elevation, certified by a professional engineer or surveyor.
H.
Information to be retained. The Building Inspector 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 G(4) of this section, and whether or not the structures contain a basement;
A.
General standards. 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 § 126-6 of this chapter.
B.
Subdivision proposals. 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):
(1)
Proposals shall be consistent with the need to minimize flood damage;
(2)
Public utilities and facilities such as sewer, gas, electrical and
water systems shall be located and constructed so as to minimize flood
damage; and
(3)
Adequate drainage shall be provided to reduce exposure to flood damage.
C.
Encroachments.
(1)
Within Zones A1 through A30 and AE, on streams without a regulatory
floodway, no new construction, substantial improvements or other development
(including fill) shall be permitted unless:
(a)
The applicant demonstrates that the cumulative effect of the
proposed development, when combined with all other existing and anticipated
development, will not increase the water surface elevation of the
base flood more than one foot at any location; or
(b)
The Town of Lewisboro agrees to apply to the Federal Emergency
Management Agency (FEMA) for a conditional FIRM revision, FEMA approval
is received and the applicant provides all necessary data, analyses
and mapping and reimburses the Town of Lewisboro for all fees and
other costs in relation to the application. The applicant must also
provide all data, analyses and mapping and reimburse the Town of Lewisboro
for all costs related to the final map revision.
(2)
On streams with a regulatory floodway, as shown on the Flood Boundary and Floodway Map or the Flood Insurance Rate Map adopted in § 126-6 of this chapter, no new construction, substantial improvements or other development in the floodway (including fill) shall be permitted unless:
(a)
A technical evaluation by a New York State licensed professional
engineer shows that such an encroachment shall not result in any increase
in flood levels during occurrence of the base flood; or
(b)
The Town of Lewisboro agrees to apply to the Federal Emergency
Management Agency (FEMA) for a conditional FIRM and floodway revision,
FEMA approval is received and the applicant provides all necessary
data, analyses and mapping and reimburses the Town of Lewisboro for
all fees and other costs in relation to the application. The applicant
must also provide all data, analyses and mapping and reimburse the
Town of Lewisboro for all costs related to the final map revisions.
D.
Standards for all structures.
(1)
Anchoring. New structures and substantial improvement to structures
in areas of special flood hazard shall be anchored to prevent flotation,
collapse, or lateral movement during the base flood. This requirement
is in addition to applicable state and local anchoring requirements
for resisting wind forces.
(2)
Construction materials and methods.
(a)
New construction and substantial improvements to structures
shall be constructed with materials and utility equipment resistant
to flood damage.
(b)
New construction and substantial improvements to structures
shall be constructed using methods and practices that minimize flood
damage.
(c)
For enclosed areas below the lowest floor of a structure within
Zone A1 through A30, AE or AH, and also Zone A if base flood elevation
data are available, new and substantially improved structures shall
have fully enclosed areas below the lowest floor that are usable solely
for parking of vehicles, building access or storage in an area other
than a basement and which are subject to flooding designed to automatically
equalize hydrostatic flood forces on exterior walls by allowing for
the entry and exit of floodwaters.
[1]
Designs for meeting this requirement must either be certified by
a New York State licensed professional engineer or architect or meet
or exceed the following minimum criteria:
[2]
Openings may be equipped with louvers, valves, screens or other
coverings or devices, provided they permit the automatic entry and
exit of floodwaters. Enclosed areas subgrade on all sides are considered
basements and are not permitted.
(3)
Utilities.
(a)
New and replacement electrical equipment, heating, ventilating,
air conditioning, plumbing connections, and other service equipment
shall be located at or above the base flood elevation. Electrical
wiring and outlets, switches, junction boxes and panels shall be elevated
to or above the base flood elevation unless they conform to the appropriate
provisions of the electrical part of the Building Code of New York
State or the Residential Code of New York State for location of such
items in wet locations;
(b)
New and replacement water supply systems shall be designed to
minimize or eliminate infiltration of floodwaters into the system;
(c)
New and replacement sanitary sewage systems shall be designed
to minimize or eliminate infiltration of floodwaters. Sanitary sewer
and storm drainage systems for buildings that have openings below
the base flood elevation shall be provided with automatic backflow
valves or other automatic backflow devices that are installed in each
discharge line passing through a building's exterior wall; and
(d)
On-site waste disposal systems shall be located to avoid impairment
to them or contamination from them during flooding.
E.
Elevation of residential structures. The following standards, in addition to the standards in Subsections B, C and D of this section, apply to structures located in areas of special flood hazard as indicated:
(1)
Within Zones A through A30, AE and AH, and also Zone A if base flood
elevation data are available, new construction and substantial improvements
shall have the lowest floor (including basement) elevated to or above
two feet above the base flood level.
(2)
Within Zone A, when no base flood elevation data are available, new
and substantially improved structures shall have the lowest floor
(including basement) elevated at least three feet above the highest
adjacent grade.
(3)
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 this chapter (at least two feet if no depth number is specified).
(4)
Within Zones AH and AO, adequate drainage paths are required to guide
floodwaters around and away from proposed structures on slopes.
F.
Nonresidential structures. The following standards apply to new and substantially improved commercial, industrial and other nonresidential structures, in addition to the requirements in Subsections B, C and D of this section:
(1)
Within Zones A1 through A30, AE and AH, and also Zone A if base flood
elevation data are available, new construction and substantial improvements
of any nonresidential structure, together with attendant utility and
sanitary facilities, shall either:
(a)
Have the lowest floor, including basement or cellar, elevated
to or above two feet above the base flood elevation; or
(b)
Be floodproofed so that the structure is watertight below two
feet above the base flood level 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.
(2)
Within Zone AO, new construction and substantial improvements of
nonresidential structures shall:
(a)
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
(3)
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 Building Inspector that certifies the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions of Subsection F(1)(b) of this chapter, including the specific elevation (in relation to mean sea level) to which the structure is to be floodproofed.
(4)
Within Zones AH and AO, adequate drainage paths are required to guide
floodwaters around and away from proposed structures on slopes.
(5)
Within Zone A, when no base flood elevation data are available, the
lowest floor (including basement) shall be elevated at least three
feet above the highest adjacent grade.
G.
Manufactured homes and recreational vehicles. The following standards, in addition to the standards in Subsections A and B of this section, 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:
(1)
(2)
A manufactured home that is placed or substantially improved in Zones
A1 through A30, AE and AH shall be elevated on a permanent foundation
such that the lowest floor is elevated to or above the base flood
elevation and is securely anchored to an adequately anchored foundation
system to resist flotation, collapse and lateral movement.
(3)
Within Zone A, when no base flood elevation data are 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.
A.
The Zoning Board of Appeals ("ZBA") as established by the Town of
Lewisboro shall hear and decide appeals and requests for variances
from the requirements of this chapter.
B.
The ZBA shall hear and decide appeals when it is alleged there is
an error in any requirement, decision, or determination made by the
Building Inspector in the enforcement or administration of this chapter.
C.
Those aggrieved by the decision of the ZBA may appeal such decision
to the Supreme Court pursuant to Article 78 of the Civil Practice
Law and Rules.
D.
In passing upon such applications, the ZBA shall consider all technical
evaluations, all relevant factors, standards specified in other sections
of this chapter and:
(1)
The danger that materials may be swept onto other lands to the injury
of others;
(2)
The danger to life and property due to flooding or erosion damage;
(3)
The susceptibility of the proposed facility and its contents to flood
damage and the effect of such damage on the individual owner;
(4)
The importance of the services provided by the proposed facility
to the community;
(5)
The necessity to the facility of a waterfront location, where applicable;
(6)
The availability of alternative locations for the proposed use which
are not subject to flooding or erosion damage;
(7)
The compatibility of the proposed use with existing and anticipated
development;
(8)
The relationship of the proposed use to the comprehensive plan and
floodplain management program of that area;
(9)
The safety of access to the property in times of flood for ordinary
and emergency vehicles;
(10)
The costs to local governments and the dangers associated with
conducting search and rescue operations during periods of flooding;
(11)
The expected heights, velocity, duration, rate of rise and sediment
transport of the floodwaters and the effects of wave action, if applicable,
expected at the site; and
(12)
The costs of providing governmental services during and after
flood conditions, including search and rescue operations, maintenance
and repair of public utilities and facilities such as sewer, gas,
electrical, and water systems and streets and bridges.
F.
The Building Inspector shall maintain the records of all appeal actions,
including technical information, and report any variances to the Federal
Emergency Management Agency upon request.
A.
Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided items (1) through (12) as set forth in § 126-16D of this chapter have been fully considered. As the lot size increases beyond the 1/2 acre, the technical justification required for issuing the variance increases.
B.
Variances may be issued for the repair or rehabilitation of historic
structures upon determination that:
C.
Variances may be issued for new construction and substantial improvements
and for other development necessary for the conduct of a functionally
dependent use, provided that:
D.
Variances shall not be issued within any designated floodway if any
increase in flood levels during the base flood discharge would result.
E.
Variances shall only be issued upon a determination that the variance
is the minimum necessary, considering the flood hazard, to afford
relief.
F.
Variances shall only be issued upon receiving written justification
of:
(1)
A showing of good and sufficient cause;
(2)
A determination that failure to grant the variance would result in
exceptional hardship to the applicant; and
(3)
A determination that the granting of a variance will not result in
increased flood heights, additional threats to public safety, extraordinary
public expense, create nuisances, cause fraud on or victimization
of the public or conflict with existing local laws or ordinances.
G.
Any applicant to whom a variance is granted for a building with the lowest floor below the base flood elevation shall be given written notice signed by the Building Inspector that the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage; and such construction below the base flood level increases risks to life and property. Such notification shall be maintained with the record of all variance actions as required in § 126-16F of this chapter.
