Building construction and fire prevention — See Ch. 56.
Environmental quality review — See Ch. 83.
Filling and grading — See Ch. 88.
Subdivision of land — See Ch. 150.
Zoning — See Ch. 175.
Statutory authorization. The people in the State of New York have, in the New York State Constitution, Article IX, § 2, delegated the responsibility to local government units to adopt regulations designed to promote the public health, safety and general welfare of its citizenry.
Statement of purpose. 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:
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.
Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction.
Control the alteration of natural floodplains, stream channels and natural protective barriers which are involved in the accommodation of floodwaters.
Control filling, grading, dredging and other development which may increase erosion or flood damages.
Regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands.
Qualify and maintain participation in the National Flood Insurance Program.
Objectives. The objectives of this chapter are to:
Protect human life and health.
Minimize expenditure of public money for costly flood control projects.
Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public.
Minimize prolonged business interruptions.
Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard.
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.
Provide that developers are notified that property is in an area of special flood hazard.
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 meanings they have in common usage and to give this chapter its most reasonable application.
Listed individually in the National Register of Historic Places (a listing maintained by the Department of 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:
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 a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure.
Lands to which this chapter applies. This chapter shall apply to all areas of special flood hazard within the jurisdiction of the Village of Washingtonville.
Basis for establishing the areas of special flood hazard. The areas of special flood hazard have been identified by the Federal Emergency Management Agency in a scientific and engineering report entitled "Flood Insurance Study, Village of Washingtonville, Orange County, New York," dated October 1, 1980, with Flood Insurance Rate Maps enumerated on Map Index No. 360638 0001B, dated April 1, 1981, and with accompanying Flood Boundary and Floodway Maps enumerated on Map Index No. 360638 0001B, dated April 1, 1981. Said documents are hereby adopted and declared to be a part of this chapter and are filed at the Village Hall, 29 West Main Street, Washingtonville, New York.
Interpretation; conflict with other laws.
This chapter is adopted in response to revisions to the National Flood Insurance Program effective October 1, 1986, and shall supersede all previous laws adopted for the purpose of establishing and maintaining eligibility for flood insurance.
In their interpretation and application, the provisions of the chapter shall be held to the 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 or ordinances, the more restrictive or that imposing the higher standards shall govern.
Penalties for offenses. No structure 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 Washingtonville 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 § 93-6 will be declared noncompliant and notification sent to the Federal Emergency Management Agency.
Warning and disclaimer of liability. 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 Washingtonville, 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.
Designation of the local administrator. The Building Inspector is hereby appointed local administrator to administer and implement this chapter by granting or denying development permit applications in accordance with its provisions.
Establishment of development permit. A development permit shall be obtained before the start of construction or any other development within the area of special flood hazard as established in § 93-3B. Applications for a development permit shall be made on forms furnished by the Building Inspector and may include but not be limited to: plans, in triplicate, 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.
Application stage. The following information is required where applicable:
Elevation in relation to mean sea level of the proposed lowest floor (including basement or cellar) of all structures.
Elevation in relation to mean sea level to which any nonresidential structure will be floodproofed.
When required, a certificate from a licensed professional engineer or architect that the utility floodproofing will meet the criteria in § 93-5A(3)(a).
A certificate from a licensed professional engineer or architect that the nonresidential floodproofed structure will meet the floodproofing criteria in § 93-5B(2).
A description of the extent to which any watercourse will be altered or relocated as a result of proposed development.
Construction stage. Upon placement of the lowest floor or floodproofing by whatever means, it shall be the duty of the permit holder to submit to the Building Inspector a certificate of the as-built elevation of the lowest floor or floodproofed elevation, in relation to mean sea level. The elevation certificate shall be prepared by or under the direct supervision of a licensed land surveyor or professional engineer and certified by the same. When floodproofing is utilized for a particular building, the floodproofing certificate shall be prepared by or under the direct supervision of a licensed professional engineer or architect and certified by the same. Any further work undertaken prior to submission and approval of the certificate 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.
Duties and responsibilities of the Building Inspector. Duties of the Building Inspector shall include, but not be limited to:
Permit application review. The Building Inspector shall:
Review all development permit applications to determine that the requirements of this chapter have been satisfied.
Review all development permit applications to determine that all necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required.
Review all development permit applications to determine if the proposed development adversely affects the area of special flood hazard. For the purposes of this chapter, "adversely affects" means physical damage to adjacent properties. A hydraulic engineering study may be required of the applicant for this purpose.
Use of other base flood data. When base flood elevation data has not been provided in accordance with § 93-3B, the Building Inspector shall obtain, review and reasonably utilize any base flood elevation data available from a federal, state or other source, including data developed pursuant to § 93-5A(4)(d), in order to administer § 93-5B.
Information to be obtained and maintained. The Building Inspector shall:
Obtain and record the actual elevation, in relation to mean sea level, of the lowest floor, including basement or cellar, of all new or substantially improved structures and whether or not the structure contains a basement or cellar.
Maintain for public inspection all records pertaining to the provisions of this chapter including variances, when granted, and certificates of compliance.
Alteration of watercourses. The Building Inspector shall:
Notify adjacent communities and the New York State Department of Environmental Conservation prior to any alteration or relocation of a watercourse and submit evidence of such notification to the Regional Director, Federal Emergency Management Agency, Region II, 26 Federal Plaza, New York, New York 10278.
Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished.
Interpretation of Flood Insurance Rate Map (FIRM) boundaries. The Building Inspector shall have the authority to make interpretations when there appears to be a conflict between the limits of the federally identified area of special flood hazard and actual field conditions. Base flood elevation data established pursuant to § 93-3B, when available, shall be used to accurately delineate the area of special flood hazards. The Building Inspector shall use flood information from any other authoritative source, including historical data, to establish the limits of the area of special flood hazard when base flood elevations are not available.
Stop-work orders.
All floodplain development found ongoing without an approved permit shall be subject to the issuance of a stop-work order by the Building Inspector. Disregard of a stop-work order shall be subject to the penalties described in § 93-3D of this chapter.
All floodplain development found noncompliant with the provisions of this chapter and/or the conditions of the approved permit shall be subject to the issuance of a stop-work order by the Building Inspector. Disregard of a stop-work order shall be subject to the penalties described in § 93-3D of this chapter.
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 that the development is in compliance with the requirements of this chapter.
Certificate of compliance.
It shall be unlawful to use or 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 either the development permit or the approved variance.
All other development occurring within the area of special flood hazard will have upon completion a certificate of compliance issued by the Building Inspector.
General standards. In all areas of special flood hazard, the following standards are required:
Anchoring.
All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure.
All manufactured homes shall be installed using methods and practices which minimize flood damage. Manufactured homes must be elevated and anchored to resist flotation, collapse or lateral movement. Methods of anchoring may include but are not to be limited to use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces.
Construction materials and methods.
Utilities.
Electrical, heating, ventilation, plumbing, air-conditioning equipment and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. When designed for location below the base flood elevation, a professional engineer's or architect's certification is required.
All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.
New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters.
On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
Subdivision proposals.
All subdivision proposals shall be consistent with the need to minimize flood damage.
All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.
All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage.
Base flood elevation data shall be provided for subdivision proposals and other proposed developments (including proposals for manufactured home parks and subdivisions) greater than either 50 lots or five acres.
Encroachments.
All proposed development in riverine situations where no flood elevation data is available shall be analyzed to determine the effects on the flood-carrying capacity of the area of special flood hazard set forth in § 93-4C(l)(c). This may require the submission of additional technical data to assist in the determination.
In all areas of special flood hazard in which base flood elevation data is available pursuant to § 93-4C(2) or § 93-5A(4)(d) and no floodway has been determined, the cumulative effects of any proposed development, when combined with all other existing and anticipated development, shall not increase the water surface elevation of the base flood more than one foot at any point.
Floodways. Located within areas of special flood hazard established in § 93-3B are areas designated as floodways. Since the floodway in an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles and erosion potential, the following provisions apply:
Prohibit encroachments, including fill, new construction, substantial improvements and other development unless a technical evaluation demonstrates that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.
If § 93-5A(6)(a) is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of § 93-5.
Prohibit the placement of any mobile homes, except in an existing mobile home park or existing mobile home subdivision.
Specific standards. In all areas of special flood hazards where base flood elevation data has been provided as set forth in §§ 93-3B and 93-4C(2), the following standards are required:
Residential construction. New construction and substantial improvements of any resident structure shall:
Have the lowest floor, including basement or cellar, elevated to one foot above the base flood elevation; or
Have fully enclosed areas below the lowest floor that are subject to flooding designed to automatically (without human intervention) equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a licensed professional engineer or architect or meet or exceed the following minimum criteria:
A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided.
The bottom of all such openings shall be no higher than one foot above the lowest adjacent finished grade.
Openings may be equipped with louvers, valves, screens or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters.
Nonresidential construction. New construction and substantial improvements of any commercial, industrial or other nonresidential structure, together with attendant utility and sanitary facilities, shall either have the lowest floor, including basement or cellar, elevated to one foot above the base flood elevation or be floodproofed to the base flood level.
If the structure is to be elevated, fully enclosed areas below the base flood elevation shall be designed to automatically (without human intervention) allow for the entry and exit of floodwaters for the purpose of equalizing hydrostatic flood forces on exterior walls. Designs for meeting this requirement must either be certified by a licensed professional engineer or a licensed architect or meet the following criteria:
A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided.
The bottom of all such openings shall be no higher than one foot above the lowest adjacent finished grade.
Openings may be equipped with louvers, valves, screens or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters.
If the structure is to be floodproofed:
A licensed professional engineer or architect shall develop and/or review structural design, specifications and plans for the construction and shall certify that the design and methods of construction are in accordance with accepted standards of practice to make the structure watertight with walls substantially impermeable to the passage of water, with structural components having the capacity of resisting hydrostatic and hydrodynamic loads and effects of buoyance; and
A licensed professional engineer or licensed land surveyor shall certify the specific elevation (in relation to mean sea level) to which the structure is floodproofed.
Construction standards for areas of special flood hazards without base flood elevations.
New construction or substantial improvements of structures, including manufactured homes, shall have the lowest floor (including basement) elevated at least two feet above the highest adjacent grade next to the proposed foundation of the structure.
Fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically (without human intervention) allow for the entry and exit of floodwaters for the purpose of equalizing hydrostatic flood forces on exterior walls. Designs for meeting this requirement must either be certified by a licensed professional engineer or a licensed architect or meet the following criteria:
A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided.
The bottom of all such openings shall be not higher than one foot above the lowest adjacent finished grade.
Openings may be equipped with louvers, valves, screens or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters.
Board of Appeals.
The Board of Appeals as established by the Village of Washingtonville shall hear and decide appeals and requests for variances from the requirements of this chapter.
The Board of Appeals 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.
Those aggrieved by the decision of the Board of Appeals may appeal such decision to the Supreme Court pursuant to Article 78 of the Civil Practice Law and Rules.
In passing upon such applications, the Board of Appeals shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter and:
The danger that materials may be swept onto other lands to the injury of others.
The danger to life and property due to flooding or erosion damage.
The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.
The importance of the services provided by the proposed facility to the community.
The necessity to the facility of a waterfront location, where applicable.
The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage.
The compatibility of the proposed use with existing and anticipated development.
The relationship of the proposed use to the Comprehensive Plan and floodplain management program of that area.
The safety of access to the property in times of flood for ordinary and emergency vehicles.
The costs to local governments and the dangers associated with conducting search and rescue operations during periods of flooding.
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.
The costs of providing governmental services during and after flood conditions, including search and rescue operations and maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems and streets and bridges.
Upon consideration of the factors of § 93-6A(4) and the purpose of this chapter, the Board of Appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
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.
Conditions for variances.
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 that the items in § 93-6A(4)(a) through (1) have been fully considered. As the lot size increases beyond 1/2 acre, the technical justification required for issuing the variance increases.
Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.
Variances may be issued by a community for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use, provided that:
Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
Variances shall only be issued upon:
A showing of good and sufficient cause;
A determination that failure to grant the variance would result in exceptional hardship to the applicant; and
A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety or extraordinary public expense or create nuisances or cause fraud on or victimization of the public or conflict with existing local laws or ordinances.
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 that the cost of flood insurance will be commensurate with the increased risk.