[HISTORY: Adopted by the Town Board of the Town of Brant: Art. I, 4-9-1975
by resolution, amended in its entirety during codification (see Ch. 1, General
Provisions, Art. II); Art. II, 9-28-1983 as L.L.
No. 2-1983. Sections 87-6 and 87-8A amended at time of adoption of
Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where
applicable.]
[Adopted 4-9-1975 by resolution; amended in its
entirety during codification[1]]
The Code Enforcement Officer shall review all building permit applications
for new construction or substantial improvements to determine whether proposed
building sites will be reasonably safe from flooding. If a proposed building
site is in a location that has a flood hazard, any proposed new construction
or substantial improvement, including prefabricated and mobile homes, must
be designed, or modified, and anchored to prevent flotation, collapse or lateral
movement of the structure; use construction materials and utility equipment
that are resistant to flood damage; and use construction methods and practices
that will minimize flood damage.
The Town of Brant Code Enforcement Officer shall review subdivision
proposals and other proposed new developments to assure that all such proposals
are consistent with the need to minimize flood damage; all public utilities
and facilities, such as sewer, gas, electrical and water systems, are located,
elevated and constructed to minimize or eliminate flood damage; and adequate
drainage is provided so as to reduce exposure to flood hazards.
The Code Enforcement Officer shall require new or replacement water
supply systems and/or sanitary sewage systems to be designed to minimize or
eliminate infiltration of floodwaters into the systems and discharges from
the systems into floodwaters and require on-site waste disposal systems to
be located so as to avoid impairment of them or contamination from them during
flooding.
[Adopted 9-28-1983 as L.L. No. 2-1983]
This Article shall apply to all areas of special flood hazards within
the jurisdiction of the Town of Brant.
The area of special flood hazard identified by the Federal Insurance
Administration on its Flood Hazard Boundary Map (FHBM) or Flood Insurance
Rate Map (FIRM) No. 360229B, dated January 6, 1984, is hereby adopted and
declared to be a part of this Article. This FHBM or FIRM is on file at the
Brant Town Hall.
As used in this Article, the following terms shall have the meanings
indicated:
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."
[Amended 4-14-1987 by L.L. No. 1-1987[1]]
The flood having a one-percent chance of being equaled or exceeded
in any given year.
Any structure built for support, shelter or enclosure for occupancy
or storage.
[Added 4-14-1987 by L.L. No. 1-1987]
Any man-made change to improved or unimproved real estate, including
but not limited to buildings or other structures, mining, dredging, filling,
grading, paving, excavation or drilling operations located within the area
of special flood hazard.
Any 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.
[Added 4-14-1987 by L.L. No. 1-1987]
Any walled and roofed building, a manufactured home or a gas or liquid
storage tank that is principally above ground.
[Added 4-14-1987 by L.L. No. 1-1987]
Any repair, reconstruction or improvement of a structure, the cost
of which equals or exceeds 50% of the market value of the structure either
before the improvement or repair is started or, if the structure has been
damaged and is being restored, before the damage occurred. For the purpose
of this definition, "substantial improvement" is considered to occur 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
dimensions of the structure. The term does not, however, include either:
Any project for improvement of a structure to comply with existing state
or local health, sanitary or safety code specifications which are solely necessary
to assure safe living conditions; or
Any alteration of a structure listed on the National Register of Historic
places or a State Inventory of Historic Places.
A.
No new development or substantial improvements shall
be permitted in the special flood hazard area except for the following uses:
(1)
Outdoor recreation, including parks, picnic groves, hiking
and bicycle paths and other recreational uses, excluding buildings and other
structures, as approved by the town.
[Amended 4-14-1987 by L.L. No. 1-1987]
(2)
Municipal uses, including parking lots, utility crossings,
maintenance of approved uses (excluding buildings), flood-protection structures
and devices and watercourse alterations, as approved by the State of New York.
B.
All uses, including utilities, shall be located and constructed
to minimize or eliminate flood damage.
A.
The Town Code Enforcement Officer shall review all development
permits to determine that all necessary permits have been obtained from those
federal, state or local government agencies from which prior approval is required.[1]
B.
A development permit shall be obtained
from the Town Clerk before development of any of the above-permitted uses
begins.
