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 § 82-6:
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 Zone A on streams without a regulatory floodway, no new construction and substantial improvements to structures, or other development (including fill), shall be permitted within the floodway area of the watercourse (as may be determined by the Town Building Inspector or other duly authorized representative of the Town after review of the flood data information provided as described in § 82-12F, § 82-12G and § 82-13B), unless:
[Amended 12-8-2015 by L.L. No. 2-2015]
(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 1/2 foot at any location; and
(b) 
The Town of New Paltz 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 New Paltz 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 New Paltz 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 § 82-6, 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 shows that such an encroachment shall not result in any increase in flood levels during occurrence of the base flood; and
(b) 
The Town of New Paltz 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 New Paltz 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 New Paltz for all costs related to the final map revisions.
(c) 
Whenever any portion of a floodplain is authorized for development, the volume of space occupied by any authorized fill or structure that will be located 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 excavation shall be constructed to drain freely to the watercourse. No area below the waterline of a pond or other body of water or below the normal elevation at which groundwater is found can be credited as compensating excavation.
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 below the lowest floor.
[Amended 12-8-2015 by L.L. No. 2-2015]
(a) 
For enclosed areas below the lowest floor of a structure within Zones AE or AH, and also Zone A if base flood elevation data are available, 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:
[1] 
A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; and
[2] 
The bottom of all such openings no higher than one foot above the lowest adjacent finished grade.
(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 or above the base flood elevation or shall 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 to or above the base flood elevation unless they conform to the appropriate provisions of the electrical part of the New York State Uniform Fire Prevention and Building Code[1] or the Residential Code of New York State for location of such items in wet locations;
[1]
Editor's Note: See Ch. 78, Building Construction and Fire Prevention.
(2) 
New and replacement individual well water supplies shall be designed and constructed to prevent any contamination from inundation by floodwaters and eliminate infiltration of floodwaters into the system;
(3) 
New and replacement sanitary sewage systems should be located outside floodplain areas whenever possible, and those systems that must be located within floodplain areas shall be elevated such that the minimum ground surface elevation of the sanitary sewage system shall be a minimum of three feet above the base flood elevation (BFE) to 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;
(4) 
On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding; and
(5) 
On-site waste disposal system shall not be located closer than 100 feet to the natural bank of a perennial or intermittent stream.
The following standards apply to new and substantially improved residential structures located in areas of special flood hazard, in addition to the requirements in § 82-14A, Subdivision proposals, § 82-14B, Encroachments, and § 82-15, Standards for all structures:
A. 
Elevation.
(1) 
Within Zones AE and AH, and also Zone A if base flood elevation data are available, new construction and substantial improvements shall have the lowest floor (including basement) elevated to or above two feet above the base flood elevation.
[Amended 12-8-2015 by L.L. No. 2-2015]
(2) 
Within Zone A, when no base flood elevation data are available, new and substantially improved structures shall have the lowest floor (including basement) elevated at least three feet above the highest adjacent grade.
B. 
Within Zone AH, adequate drainage paths are required to guide floodwaters around and away from proposed structures on slopes.
[Amended 12-8-2015 by L.L. No. 2-2015[1]]
[1]
Editor’s Note: Former Subsections C, concerning access to a principal residential structure in various zones if base flood elevation data is provided, and D, concerning access to a principal residential structure located in Zone A when no base flood elevation information is provided, which immediately followed this subsection, were repealed 12-8-2015 by L.L. No. 2-2015.
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 § 82-14A, Subdivision proposals, § 82-14B, Encroachments, and § 82-15, Standards for all structures:
A. 
Within Zones AE and AH, and also Zone A if base flood elevation data are available, new construction and substantial improvements of any nonresidential structure, together with attendant utility and sanitary facilities, 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, 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.[1]
[1]
Editor’s Note: Former Subsection B, concerning new construction and substantial improvements in Zone AO, was repealed 12-8-2015 by L.L. No. 2-2015, which local law also redesignated former Subsections C through G as Subsections B through F, respectively.
B. 
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 § 82-17A(2), including the specific elevation (in relation to mean sea level) to which the structure is to be floodproofed.
C. 
Within Zone AH, adequate drainage paths are required to guide floodwaters around and away from proposed structures on slopes.
[Amended 12-8-2015 by L.L. No. 2-2015]
D. 
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.[2]
[2]
Editor’s Note: Former Subsections F, redesignated as Subsection E, concerning access to a commercial structure in various zones if base flood elevation data is provided, and G, redesignated as Subsection F, concerning access to a commercial structure located in Zone A when no base flood elevation information is provided, which immediately followed this subsection, were repealed 12-8-2015 by L.L. No. 2-2015.
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 facilities shall be located within any area of special flood hazard and shaded X Zone on the Town of New Paltz Flood Insurance Rate Maps.
The following standards, in addition to the standards in § 82-14, General Standards, and § 82-15, 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, 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 § 82-19B, C and D.
(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 AE and AH shall be elevated on a permanent foundation such that the lowest floor 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 A, when no base flood elevation data are available, new and substantially improved manufactured homes shall be elevated such that the manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and are securely anchored to an adequately anchored foundation system to resist flotation, collapse or lateral movement.[1]
[1]
Editor’s Note: Former Subsection D concerning elevation of the floor within Zone AO, which immediately followed this subsection, was repealed 12-8-2015 by L.L. No. 2-2015.