[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The Commissioner of Public Works or his/her
division heads or agents or designees 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.
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, 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.
C. A certificate from a licensed professional engineer or architect that any utility floodproofing will meet the criteria in §
170-16C, Utilities.
D. A certificate from a licensed professional engineer or architect that any nonresidential floodproofed structure will meet the floodproofing criteria in §
170-18, Nonresidential Structures.
E. 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 §
170-6, 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.
F. 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.
G. 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 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 §
170-13, 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 Article
IV, Construction Standards, and, in particular, §
170-15A, 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).
(a) The local
administrator may require the applicant to submit additional technical
analyses and data necessary to complete the determination.
(b) If the proposed development may result in physical damage to any other property or fails to meet the requirements of Article
IV, 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 §
170-13G, 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) 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 §
170-9 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 §
170-9 of this chapter.
G. Certificate of
compliance.
(1) In areas of special flood hazard, as determined by documents enumerated in §
170-6, 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 §
170-14E, 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 §
170-14D(1) and §
170-14D(2), and whether or not the structures contain a basement;
(3) Floodproofing certificates required pursuant to §
170-14D(1), and whether or not the structures contain a basement;
(4) Variances issued pursuant to Article
V, Variance Procedure; and,
(5) Notices required under §
170-14C, Alteration of watercourses.