The Board of Trustees of the Village of Naples
finds that the potential and/or actual damages from flooding and erosion
may be a problem to the residents of the Village of Naples 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.
Unless specifically defined below, words or
phrases used in this chapter shall be interpreted so as to give them
the meaning they have in common usage and to give this chapter its
most reasonable application. As used in this chapter, the following
terms shall have the meanings indicated:
APPEAL
A request for a review of the local administrator's interpretation
of any provision of this chapter or a request for a variance.
AREA OF SHALLOW FLOODING
A designated AO or VO Zone on a community's Flood Insurance
Rate Map (FIRM) with base flood depths from one to three feet where
a clearly defined channel does not exist, where the path of flooding
is unpredictable and indeterminate, and where velocity flow may be
evident.
AREA OF SPECIAL FLOOD HAZARD
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, A1-99, V, VO, VE or
V1-30. It is also commonly referred to as the "base floodplain" or
"one-hundred-year floodplain."
BASE FLOOD
The flood having a one-percent chance of being equaled or
exceeded in any given year.
BASEMENT
That portion of a building having its floor subgrade (below
ground level) on all sides.
BREAKAWAY WALL
A wall that is not part of the structural support of the
building and is intended through its design and construction to collapse
under specific lateral loading forces without causing damage to the
elevated portion of the building or the supporting foundation system.
BUILDING
Any structure built for support, shelter, or enclosure for
occupancy or storage.
CELLAR
Has the same meaning as "basement."
COASTAL HIGH HAZARD AREA
The area subject to high-velocity waters, including but not
limited to hurricane wave wash. The area is designated on a FIRM as
Zone V1-30, VE, VO or V.
DEVELOPMENT
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 located
within the area of special flood hazard.
ELEVATED BUILDING
A nonbasement building built to have the lowest floor elevated
above the ground level by means of fill, solid foundation perimeter
walls, pilings, columns (posts and piers) or shear walls.
FLOOD BOUNDARY AND FLOODWAY MAP (FBFM)
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.
FLOOD HAZARD BOUNDARY MAP (FHBM)
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 defined but no water surface elevation is provided.
FLOOD INSURANCE RATE MAP (FIRM)
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.
FLOOD INSURANCE STUDY
The official report provided by the Federal Emergency Management
Agency. The report contains flood profiles as well as the Flood Boundary
and Floodway Map and the water surface elevations of the base flood.
FLOOD or FLOODING
A general and temporary condition of partial or complete
inundation of normally dry land area from:
A.
The overflow of inland or tidal waters.
B.
The unusual and rapid accumulation or runoff
of surface waters from any source.
FLOODPROOFING
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.
FLOODWAY
Has the same meaning as "regulatory floodway."
FLOOR
The top surface of an enclosed area in a building (including
basement), i.e., top of slab in concrete slab construction or top
of wood flooring in wood frame construction.
FUNCTIONALLY DEPENDENT USE
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. The term does not include
long-term storage, manufacture, sales or service facilities.
HIGHEST ADJACENT GRADE
The highest natural elevation of the ground surface, prior
to construction, next to the proposed walls of a structure.
LOWEST FLOOR
Lowest level, including basement or cellar, of the lowest
enclosed area. An unfinished or flood-resistant enclosure usable solely
for parking of vehicles, building access or storage in an area other
than a basement 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.
MANUFACTURED HOME
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 also includes park trailers, travel trailers and similar transportable
structures placed on a site for 180 consecutive days or longer and
intended to be improved property.
MEAN SEA LEVEL
For purposes of the National Flood Insurance Program, the
National Geodetic Vertical Datum (NGVD) of 1929 or other datum to
which base flood elevations shown on a community's Flood Insurance
Rate Map are referenced.
MOBILE HOME
Has the same meaning as "manufactured home."
NEW CONSTRUCTION
Structures for which the start of construction commenced
on or after the effective date of this chapter.
REGULATORY FLOODWAY
The channel of a river or other watercourse and the adjacent land area 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 §
127-12B of this chapter.
SAND DUNES
Naturally occurring accumulations of sand in ridges or mounds
landward of the beach.
START OF CONSTRUCTION
The initiation, excluding planning and design, of any phase
of a project or physical alteration of the property and shall include
land preparation, such as clearing, grading and filling, installation
of streets and/or walkways, excavation for a basement, footings, piers
or foundations or the erection of temporary forms. It also includes
the placement and/or installation on the property of accessory buildings
(garages and sheds), storage trailers and building materials. For
manufactured homes the actual start means affixing of the manufactured
home to its permanent site.
STRUCTURE
A walled and roofed building, a manufactured home, or a gas
or liquid storage tank that is principally above ground.
SUBSTANTIAL IMPROVEMENT
A.
Any repair, reconstruction or improvement of
a structure, the cost of which equals or exceeds 50% of the market
value of the structure either:
(1)
Before the improvement or repair is started;
or
(2)
If the structure has been damaged and is being
restored, before the damage occurred.
B.
For the purposes of this definition, "substantial
improvement" is considered to commence when the first alteration of
any wall, ceiling, floor or other structural part of the building
commences, whether or not that alteration affects the external dimension
of the structure. The term does not, however, include either:
(1)
Any project for improvement of a structure to
comply with existing state or local building, fire, health, sanitary,
or safety code specifications which are solely necessary to assure
safe living conditions; or
(2)
Any alteration of a structure or contributing
structure listed on the National Register of Historic Places or a
state inventory of historic places.
VARIANCE
A grant of relief from the requirements of this chapter which
permits construction or use in a manner that would otherwise be prohibited
by this chapter.
This chapter shall apply to all areas of special
flood hazard within the jurisdiction of the Village of Naples.
The areas of special flood hazard are identified
by the Federal Emergency Management Agency in a scientific and engineering
report titled "Flood Insurance Study for the Village of Naples of
Ontario County, New York," dated September 30, 1977, which report,
with accompanying Flood Insurance Rate Maps and Flood Boundary and
Floodway Maps, is hereby adopted and declared to be a part of this
chapter. The Flood Insurance Study and maps are on file at the office
of the Village Clerk, 106 Main Street, Naples, New York 14512.
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 that 15 days, or both. Each day of noncompliance shall be considered a separate offense. Nothing herein contained shall prevent the Village of Naples 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 Article
IV will be declared noncompliant and notification 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 Village of Naples, 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.