[HISTORY: Adopted by the Town Board of the
Town of LaGrange 8-25-1999 by L.L. No. 4-1999 (Ch. 45 of the 1975
Code); amended in its entirety 3-28-2012 by L.L. No. 3-2012.
Subsequent amendments noted where applicable.]
The Town Board of the Town of LaGrange finds that the potential
and/or actual damages from flooding and erosion may be a problem to
the residents of the Town of LaGrange and that such damages may include
destruction or loss of private and public housing, damage to public
facilities, both publicly and privately owned, and injury to and loss
of human life. In order to minimize the threat of such damages and
to achieve the purposes and objectives hereinafter set forth, this
chapter is adopted.
It is the purpose of this chapter to promote the public health,
safety and general welfare, and to minimize public and private losses
due to flood conditions in specific areas by provisions designed to:
A.
Regulate uses which are dangerous to health, safety and property
due to water or erosion hazards, or which result in damaging increases
in erosion or in flood heights or velocities;
B.
Require that uses vulnerable to floods, including facilities which
serve such uses, be protected against flood damage at the time of
initial construction;
C.
Control the alteration of natural floodplains, stream channels, and
natural protective barriers which are involved in the accommodation
of floodwaters;
D.
Control filling, grading, dredging and other development which may
increase erosion or flood damages;
E.
Regulate the construction of flood barriers which will unnaturally
divert floodwaters or which may increase flood hazards to other lands;
and
F.
Qualify for and maintain participation in the National Flood Insurance
Program.
The objectives of this chapter are to:
A.
Protect human life and health;
B.
Minimize expenditure of public money for costly flood control projects;
C.
Minimize the need for rescue and relief efforts associated with flooding
and generally undertaken at the expense of the general public;
D.
Minimize prolonged business interruptions;
E.
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;
F.
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.
Provide that developers are notified that property is in an area
of special flood hazard; and
H.
Ensure that those who occupy the areas of special flood hazard assume
responsibility for their actions.
A.
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.
B.
ACCESSORY STRUCTURE
APPEAL
AREA OF SHALLOW FLOODING
AREA OF SPECIAL FLOOD HAZARD
BASE FLOOD
BASEMENT
BUILDING
CELLAR
CRAWL SPACE
DEVELOPMENT
ELEVATED BUILDING
(1)
(2)
(3)
FEDERAL EMERGENCY MANAGEMENT AGENCY
FLOOD BOUNDARY AND FLOODWAY MAP (FBFM)
FLOOD ELEVATION STUDY
FLOOD HAZARD BOUNDARY MAP (FHBM)
FLOOD INSURANCE RATE MAP (FIRM)
FLOOD INSURANCE STUDY
FLOOD or FLOODING
(1)
(2)
FLOODPLAIN or FLOOD-PRONE AREA
FLOODPROOFING
FLOODWAY
FUNCTIONALLY DEPENDENT USE
HIGHEST ADJACENT GRADE
HISTORIC STRUCTURE
(1)
(2)
(3)
(4)
LOCAL ADMINISTRATOR
LOWEST FLOOR
MANUFACTURED HOME
MANUFACTURED HOME PARK OR SUBDIVISION
MEAN SEA LEVEL
MOBILE HOME
NEW CONSTRUCTION
ONE-HUNDRED-YEAR FLOOD or 100-YEAR FLOOD
PRINCIPALLY ABOVE GROUND
RECREATIONAL VEHICLE
(1)
(2)
(3)
(4)
REGULATORY FLOODWAY
START OF CONSTRUCTION
STRUCTURE
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
(1)
(2)
VARIANCE
VIOLATION
As used in this chapter, the following terms shall have the meanings
indicated:
A structure used solely for parking (two-car detached garages
or smaller) or limited storage, representing a minimal investment
of not more than 10% of the value of the primary structure, and may
not be used for human habitation.
[Added 12-6-2023 by L.L. No. 4-2023]
A request for a review of the local administrator'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 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-A30, A99, V, VO,
VE, or V1-V30. It is also commonly referred to as the base floodplain
or one-hundred-year floodplain. For purposes of this chapter, the
term "special flood hazard area (SFHA)" is synonymous in meaning with
the phrase "area of special flood hazard."
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."
See "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 non-basement building built, in the case of a building in
Zones A1-A30, AE, A, A99, AO, AH, B, C, X, or D, to have the top of
the elevated floor, or in the case of a building in Zones V1-V30,
VE or V, to have the bottom of the lowest horizontal structure member
of the elevated floor, elevated above the ground level by means of
pilings, columns (posts and piers) or shear walls parallel to the
flow of the water; and adequately anchored so as not to impair the
structural integrity of the building during a flood of up to the magnitude
of the base flood.
In the case of Zones A1-A30, AE, A, A99, AO, AH, B, C, X, or
D, "elevated building" also includes a building elevated by means
of fill or solid foundation perimeter walls with openings sufficient
to facilitate the unimpeded movement of floodwaters.
In the case of Zones V1-V30, VE or V, "elevated building" also
includes a building otherwise meeting the definitions 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 riverine 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 (1) above.
Any land area susceptible to being inundated by water from
any source. (See "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.
See "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 Building Inspector,
Code Enforcement Officer, or employee of an engineering department.
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.
See "manufactured home."
Structures for which the start of construction commenced
on or after the effective date of a floodplain management regulation
adopted by the community and includes any subsequent improvements
to such structure.
See "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 projection;
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 § 120-14B 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 a 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.
The failure of a structure or other development to be fully
compliant with the community's floodplain management regulations.
This chapter shall apply to all areas of special flood hazard
within the jurisdiction of the Town of LaGrange, Dutchess County,
New York.
[Amended 5-11-2016 by L.L. No. 3-2016; 12-6-2023 by L.L. No. 4-2023]
A.
The areas of special flood hazard for the Town of LaGrange, Community
Number 361011, are identified and defined on the following documents
prepared by the Federal Emergency Management Agency:
(1)
Flood Insurance Rate Map (FIRM) Panel Numbers 36027C0367E, 36027C0377E,
36027C0378E, 36027C0379E, 36027C0381E, 36027C0385E, 36027C0386E, 36027C0387E,
36027C0388E, 36027C0389E, 36027C0391E, 36027C0392E, 36027C0393E, 36027C0394E,
36027C0401E, 36027C0403E, 36027C0411E, 36027C0413E, whose effective
date is May 2, 2012, and any subsequent revisions to these map panels
that do not affect areas under our community's jurisdiction.
(2)
A scientific and engineering report entitled "Flood Insurance Study,
Dutchess County, New York, All Jurisdictions," dated May 2, 2012.
(3)
Letter of Map Revision (LOMR), Case Number 14-02-0734P, effective
August 11, 2014, amending FIRM Panel 36027C0394E, Flood Profiles 292P
and 293P and Summary of Discharges Table 7 of the Flood Insurance
Study.
(4)
LOMR, Case Number 19-02-0952P, effective December 30, 2020, amending
FIRM Panels 36027C0386E and 36027C0387E, Flood Profiles 40P and 41P
and Floodway Data Table 10 of the Flood Insurance Study.
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 Town of LaGrange Town Hall, Office of the Town Clerk, 120 Stringham
Road, LaGrangeville, New York 12540.
A.
This chapter includes all revisions to the National Flood Insurance
Program through October 27, 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 highest 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 LaGrange 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 §§ 120-21 and 120-22 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 areas of special
flood hazard 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 LaGrange, any officer or employee thereof,
or the Federal Emergency Management Agency, for any flood damages
that result from reliance on this chapter or any administrative decision
lawfully made thereunder.
The Zoning Enforcement Officer is hereby appointed local administrator
to administer and implement this chapter by granting or denying floodplain
development permits in accordance with its provisions.
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 this community 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 § 120-6, without a valid floodplain development permit. Application for a permit shall be made on forms furnished by the local administrator 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; and existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing.
B.
Fees. All applications for a floodplain development permit shall
be accompanied by an application fee as set forth on the prevailing
fee schedule adopted by resolution of the Town Board, and as such
schedule is modified from time to time by resolution of the Town Board.
In addition, the applicant shall be responsible for reimbursing the
Town of LaGrange for the actual amount of any additional costs, including
professional consulting fee expenses, necessary for review, inspection
and approval of this project. The local administrator may require
an advance deposit toward recovery of these additional costs.
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 residential
structure to be located in a special flood hazard area. 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.
[Added 12-6-2023 by L.L. No. 4-2023[1]]
B.
The proposed elevation, in relation to mean sea level, of the lowest
floor (including basement or cellar) of any new or substantially improved
nonresidential structure to be located in Zones AI-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.
[Amended 12-6-2023 by L.L. No. 4-2023]
C.
The proposed elevation, in relation to mean sea level, to which any
new or substantially improved nonresidential structure will be floodproofed.
Upon completion of the floodproofed portion of the structure, the
permittee shall submit to the local administrator the as-built floodproofed
elevation, certified by a professional engineer or surveyor.
D.
A certificate from a licensed professional engineer or architect that any utility floodproofing will meet the criteria in § 120-16C, Utilities.
E.
A certificate from a licensed professional engineer or architect that any nonresidential floodproofed structure will meet the floodproofing criteria in § 120-18, Standards for nonresidential structures.
F.
A description of the extent to which any watercourse will be altered or relocated as a result of proposed development. Computations by a licensed professional engineer must be submitted that demonstrate that the altered or relocated segment will provide equal or greater conveyance than the original stream segment. The applicant must submit any maps, computations or other material required by the Federal Emergency Management Agency (FEMA) to revise the documents enumerated in § 120-6, when notified by the local administrator, and must pay any fees or other costs assessed by FEMA for this purpose. The applicant must also provide assurances that the conveyance capacity of the altered or relocated stream segment will be maintained.
G.
A technical analysis, by a licensed professional engineer, if required
by the local administrator, which shows whether proposed development
to be located in an area of special flood hazard may result in physical
damage to any other property.
H.
In Zone A, when no base flood elevation data is 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 § 120-13, Permit application, 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 §§ 120-15 through 120-19 and, in particular, § 120-15A, 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). The local administrator may require the applicant to submit additional technical analyses and data necessary to complete the determination, including but not limited to the submission of a stormwater pollution prevention plan (SWPPP) consistent with the requirements of Town of LaGrange Town Code Chapter 197. If the proposed development may result in physical damage to any other property or fails to meet the requirements of §§ 120-15 through 120-19, no permit shall be issued. The applicant may revise the application to include measures that mitigate or eliminate the adverse effects and re-submit 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 § 120-13G, 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 is 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.
(3)
When an area of special flood hazard, base flood elevation, and/or floodway data are available from a federal, state or other authoritative source, but differ from the data in the documents enumerated in § 120-6, the local administrator may reasonably utilize the other flood information to enforce more restrictive development standards.
[Added 12-6-2023 by L.L. No. 4-2023]
C.
Alteration of watercourses.
(1)
Notification to adjacent municipalities that may be affected and
the New York State Department of Environmental Conservation prior
to permitting any alteration or relocation of a watercourse, and submit
evidence of such notification to the Regional Administrator, Region
II, Federal Emergency Management Agency.
[Amended 12-6-2023 by L.L. No. 4-2023]
(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 is 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 the 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 § 120-9 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 § 120-9 of this chapter.
G.
Certificate of compliance.
(1)
In areas of special flood hazard, as determined by documents enumerated in § 120-6, 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 Subsection E of this section, 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 § 120-14D(1) and (2), and whether or not the structures contain a basement.
(3)
Floodproofing certificates required pursuant to § 120-14D(1) and whether or not the structures contain a basement;
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 § 120-6.
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 of LaGrange 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 LaGrange 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 LaGrange
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 § 120-6, 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
[Amended 12-6-2023 by L.L. No. 4-2023]
(b)
The Town of LaGrange 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 LaGrange 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 LaGrange for all costs related to the final map revisions.
(3)
In
Zones Al-A30, 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 Town of LaGrange shall, as soon as practicable
but not later than six months after the date 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.
[Added 12-6-2023 by L.L. No. 4-2023]
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 § 120-6.
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)
Enclosed areas.
[Amended 12-6-2023 by L.L. No. 4-2023]
(a)
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 useable
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:
[1]
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;
[2]
The bottom of all such openings no higher than one foot above
the lowest adjacent finished grade; and
[3]
Openings not less than three inches in any direction.
(b)
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;
[Amended 12-6-2023 by L.L. No. 4-2023]
(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.
[Amended 12-6-2023 by L.L. No. 4-2023]
A.
Elevation. The following standards apply to new and substantially improved residential structures located in areas of special flood hazard, in addition to the requirements in §§ 120-15A, Subdivision proposals, 120-15B, Encroachments, and 120-16, Standards for all structures:
(1)
Within special flood hazard areas, new construction and substantial
improvements shall have the lowest floor (including basement) elevated
to or above two feet above the base flood elevation.
(2)
Within Zone A, if the base flood elevation is not specified, a base
flood elevation shall be determined by either of the following:
(a)
Obtain and reasonably use data available from a federal, state
or other source, plus two feet of freeboard; or
(b)
Determine the base flood elevation in accordance with accepted
hydrologic and hydraulic engineering practices, plus freeboard. Determinations
shall be undertaken by a registered design professional who shall
document that the technical methods used reflect currently accepted
engineering practice. Studies, analyses, and computations shall be
submitted in sufficient detail to allow thorough review and approval.
(3)
Within Zone AO, new construction and substantial improvements shall 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 community's Flood Insurance Rate Map enumerated in § 120-6, plus two feet of freeboard, or not less than three feet if a depth number is not specified.
(4)
Within Zones AH and AO, adequate drainage paths are required to guide
floodwaters around and away from proposed structures on slopes.
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 § 120-15A, Subdivision proposals, and § 120-15B, Encroachments, and § 120-16, Standards for all structures.
A.
Within Zones A1-A30, AE and AH, and also Zone A if base flood elevation
data is 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 community's FIRM, plus two feet (at least three feet if no
depth number is specified); or
[Amended 12-6-2023 by L.L. No. 4-2023]
(2)
Together with attendant utility and sanitary facilities, be completely floodproofed to that level to meet the floodproofing standard specified in § 120-18A(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 that the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions of § 120-18A(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 is 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 § 120-15, General standards, and § 120-16, 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.
B.
A manufactured home that is placed or substantially improved in Zones
Al-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.
[Amended 12-6-2023 by L.L. No. 4-2023]
C.
Within Zone AO, the bottom of the frame of the manufactured hone 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 § 120-6, plus two feet (at least three feet if no depth number is specified).
[Amended 12-6-2023 by L.L. No. 4-2023]
[Added 12-6-2023 by L.L. No. 4-2023[1]]
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 § 120-6.
A.
The accessory structure must meet the definition of "structure,"
for floodplain management purposes, provided in 44 CFR 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 community
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 community chooses to allow it: 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.
D.
The portions of the accessory structure located below BFE, 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 BFE, plus two feet of
freeboard.
F.
Within Zone 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 NFIP.
H.
The accessory structure must be wet floodproofed to protect the structure
from hydrostatic pressure. The design must meet the NFIP design and
performance standards for openings per 44 CFR 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).
A.
The Zoning Board of Appeals as established by the Town of LaGrange
shall hear and decide appeals and requests for variances from the
requirements of this chapter.
B.
The Zoning Board of Appeals shall hear and decide appeals when it
is alleged that there is an error in any requirement, decision, or
determination made by the local administrator in the enforcement or
administration of this chapter.
C.
Those aggrieved by the decision of the Zoning Board of Appeals 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 Zoning Board of Appeals, 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.
E.
Upon consideration of the factors of Subsection D and the purposes of this chapter, the Zoning Board of Appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
F.
The local administrator 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 that the items in § 120-21D(1) through (12) 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 by a community 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 or extraordinary
public expense, create nuisances, cause fraud on or victimization
of the public or conflict with existing chapters, local laws or ordinances.
