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 §
61A-6.
A. 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.
B. Encroachments.
(1) Within Zones A1-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 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 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 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 §
61A-6, no new construction, substantial improvements or other development in the floodway (including fill) shall be permitted unless:
(a)
A technical evaluation by a licensed professional engineer demonstrates
through hydrologic and hydraulic analyses performed in accordance
with standard engineering practice that such an encroachment shall
not result in any increase in flood levels during occurrence of the
base flood; or
(b)
The Town 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 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 for all costs related
to the final map revisions.
(3) In Zones A1-30, AE and AH, and also Zone A if base flood elevation
data are available, if any development is found to increase or decrease
base flood elevations, the applicant shall, as soon as practicable
but not later than six months after the data such information becomes
available, notify FEMA and the New York State Department of Environmental
Conservation of the changes by submitting technical or scientific
data in accordance with standard engineering practice.
(4) Whenever any portion of a floodplain is authorized for development,
the volume of space occupied by the authorized fill or structure below
the base flood elevation shall be compensated for and balanced by
a hydraulically equivalent volume of excavation taken from below the
base flood elevation at or adjacent to the development site. All such
excavations shall be constructed to drain freely to the watercourse.
No area below the waterline of a pond or other body of water can be
credited as a compensating excavation.
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 §
61A-6.
A. 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.
B. Construction materials and methods.
(1) New construction and substantial improvements to structures shall
be constructed with materials and utility equipment resistant to flood
damage.
(2) New construction and substantial improvements to structures shall
be constructed using methods and practices that minimize flood damage.
(3) For enclosed areas below the lowest floor of a structure within Zones
A1-A30, AE, AO or A, 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. 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)
A minimum of two openings of each enclosed area having a total
net area of not less than one square inch for every square foot of
enclosed area subject to flooding;
(b)
The bottom of all such openings no higher than one foot above
the lowest adjacent finished grade;
(c)
Openings not less than three inches in any direction; and
(d)
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.
C. Utilities.
(1) New and replacement electrical equipment, heating, ventilating, air-conditioning,
plumbing connections, and other service equipment shall be located
at least two feet above the base flood elevation, at least three feet
above the highest adjacent grade in a Zone A without an available
base flood elevation where permitted, or be designed to prevent water
from entering and accumulating within the components during a flood
and to resist hydrostatic and hydrodynamic loads and stresses. Electrical
wiring and outlets, switches, junction boxes and panels shall be elevated
or designed to prevent water from entering and accumulating within
the components, 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;
(2) New and replacement water supply systems shall be designed to minimize
or eliminate infiltration of floodwaters into the system;
(3) 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
(4) On-site waste disposal systems shall be located to avoid impairment
to them or contamination from them during flooding.
D. Storage tanks.
(1) Underground tanks shall be anchored to prevent flotation, collapse
and lateral movement during conditions of the base flood.
(2) Aboveground tanks shall be:
(a)
Anchored to prevent flotation, collapse or lateral movement
during conditions of the base flood; or
(b)
Installed at or above the base flood elevation as shown on the Flood Insurance Rate Map enumerated in §
61A-6, plus two feet.
The following standards apply to new and substantially improved commercial, industrial and other nonresidential structures located in areas of special flood hazard, in addition to the requirements in §§
61A-15A, Subdivision proposals, and 61A-15B, Encroachments, and 61A-16, Standards for all structures.
A. Within Zones A1-A30, AE and AH, and also Zone A if base flood elevation
data are available, new construction and substantial improvements
of any nonresidential structure shall either:
(1) Have the lowest floor, including basement or cellar, elevated to
or above two feet above the base flood elevation; or
(2) Be floodproofed so that the structure is watertight below two feet
above the base flood elevation, including attendant utility and sanitary
facilities, with walls substantially impermeable to the passage of
water. All structural components located below the base flood level
must be capable of resisting hydrostatic and hydrodynamic loads and
the effects of buoyancy.
B. Within Zone AO, new construction and substantial improvements of
nonresidential structures shall:
(1) Have the lowest floor (including basement) elevated above the highest
adjacent grade at least as high as the depth number specified, in
feet, on the Town's FIRM, plus two feet (at least three feet
if no depth number is specified); or
(2) Together with attendant utility and sanitary facilities, be completely floodproofed to that level to meet the floodproofing standard specified in §
61A-18A(2).
C. If the structure is to be floodproofed, a licensed professional engineer or architect shall develop and/or review structural design, specifications, and plans for construction. A floodproofing certificate or other certification shall be provided to the local administrator that certifies the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions of §
61A-18A(2), including the specific elevation (in relation to mean sea level) to which the structure is to be floodproofed.
D. Within Zones AH and AO, adequate drainage paths are required to guide
floodwaters around and away from proposed structures on slopes.
E. Within Zone A, when no base flood elevation data are available, the
lowest floor (including basement) shall be elevated at least three
feet above the highest adjacent grade.
The following standards, in addition to the standards in §
61A-15, General standards, and §
61A-16, Standards for all structures, apply, as indicated, in areas of special flood hazard to manufactured homes and to recreational vehicles which are located in areas of special flood hazard.
A. Recreational vehicles.
(1) Recreational vehicles placed on sites within Zones A1-A30, AE and
AH shall either:
(a)
Be on site fewer than 180 consecutive days;
(b)
Be fully licensed and ready for highway use; or
(c)
Meet the requirements for manufactured homes in Subsections
B,
C and
D of this section.
(2) A recreational vehicle is ready for highway use if it is on its wheels
or jacking system, is attached to the site only by quick-disconnect-type
utilities and security devices and has no permanently attached additions.
B. A manufactured home that is placed or substantially improved in Zones
A1-A30, AE, AH and Zone A shall be elevated on a permanent foundation
such that the bottom of the frame of the manufactured home chassis
is elevated to or above two feet above the base flood elevation and
is securely anchored to an adequately anchored foundation system to
resist flotation, collapse and lateral movement.
C. Within Zone AO, the bottom of the frame of the manufactured home chassis shall be elevated above the highest adjacent grade at least as high as the depth number specified on the Flood Insurance Rate Map enumerated in §
61A-6, plus two feet (at least three feet if no depth number is specified).
D. The foundation and anchorage of manufactured homes to be located in identified floodways shall be designed and constructed in accordance with §
61A-16A, Anchoring.
The following standards apply to new and substantially improved accessory structures, including detached garages, in the areas of special flood hazard shown on the Flood Insurance Rate Map designated in §
61A-6.
A. The accessory structure must meet the definition of "structure,"
for floodplain management purposes, provided in 44 C.F.R. § 59.1,
where "walled and roofed" shall be interpreted as having two outside
rigid walls and a fully secured roof.
B. The accessory structure should be small, as defined by the Town and
approved by FEMA, and represent a minimal investment. Accessory structures
of any size may be considered for a variance; however, FEMA considers
accessory structures that meet the following criteria to be small
and therefore not necessarily in need of a variance, if the Town chooses
to allow it:
(1) Located in an A Zone (A, AE, A1-A30, AR, A99) and less than or equal
to the size of a one-story, two-car garage.
C. Accessory structures must meet the standards of §
61A-16A, Anchoring.
D. The portions of the accessory structure located below base flood
elevation, plus two feet of freeboard, must be constructed with flood-resistant
materials.
E. Mechanical and utility equipment for the accessory structure must
be elevated or dry floodproofed to or above base flood elevation,
plus two feet of freeboard.
F. Within Zones AO and Zone A, if base flood elevation data are not
available, areas below three feet above the highest adjacent grade
shall be constructed using methods and practices that minimize flood
damage.
G. The accessory structure must comply with the floodway encroachment
provisions of the National Flood Insurance Program.
H. The accessory structure must be wet floodproofed to protect the structure
from hydrostatic pressure. The design must meet the National Flood
Insurance Program design and performance standards for openings per
44 C.F.R. § 60.3(c)(5) and must allow for the automatic
entry and exit of floodwaters without manual operation or the presence
of a person (or persons).
In order to prevent potential flood damage to certain facilities
that would result in serious danger to life and health, or widespread
social or economic dislocation, no new critical facility shall be
located within any area of special flood hazard or within any 500-year
flood zone shown as a B Zone or a Shaded X Zone on the Town's
Flood Insurance Rate Maps.