The Building Inspector is hereby appointed local administrator to administer
and implement this chapter by granting or denying development permit applications
in accordance with its provisions.
[Amended 5-2-1994 by L.L. No. 1-1994]
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, provided by this chapter, 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; existing or proposed structures, fill, storage of
materials, drainage facilities and the location of the foregoing. In addition,
the applicant shall be responsible for reimbursing the Village of Canton for
any additional costs necessary for review, inspection and approval of this
project. The local administrator may require a deposit of no more than $500
to cover these additional costs.
A.
Application stage. The following information is required
where applicable:
(1)
The proposed elevation, in relation to mean sea level,
of the lowest floor (including basement or cellar) of any new or substantially
improved structure to be located in Zone A1 through 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.
(2)
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.
(3)
When required, a certificate from a licensed professional engineer or architect that the utility floodproofing will meet the criteria in § 172-13C(1).
(4)
Certificate from a licensed professional engineer or architect that the nonresidential floodproofed structure will meet the floodproofing criteria in § 172-14B.
(5)
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 this chapter, 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.
(6)
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.
(7)
In Zone A, when no base flood elevation data are 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.
B.
Construction stage. Upon placement of the lowest floor
or floodproofing by whatever means, it shall be the duty of the permit holder
to submit to the local administrator a certificate of the as-built elevation
of the lowest floor, or floodproofed elevation, in relation to mean sea level.
The elevation certificate shall be prepared by or under the direct supervision
of a licensed land surveyor or professional engineer and certified by the
same. When floodproofing is utilized for a particular building, the floodproofing
certificate shall be prepared by or under the direct supervision of a licensed
professional engineer or architect and certified by the same. Any further
work undertaken prior to submission and approval of the certificate 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.
Duties of the local administrator shall include, but not be limited
to:
A.
Permit application review. The local administrator shall
conduct the following permit application review before issuing a floodplain
development permit. The local administrator shall:
[Amended 5-2-1994 by L.L. No. 1-1994]
(1)
Review all applications for completeness, particularly with the requirements of § 172-11, 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 Article V, Standards, and, in particular, § 172-13D, 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. If the proposed development may result in physical damage to any other property or fails to meet the requirements of Article V, Standards, no permit shall be issued. The applicant may revise the application to include measures that mitigate or eliminate the adverse effects and resubmit 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.
[Amended 5-22-1994 by L.L. No. 1-1994]
(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 § 172-11A(7), 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 are 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.
C.
Information to be obtained and maintained. The local
administrator shall:
(1)
Obtain and record the actual elevation, in relation to
mean sea level, of the lowest floor, including basement or cellar, of all
new or substantially improved structures and whether or not the structure
contains a basement or cellar.
(3)
Maintain for public inspection all records pertaining
to the provisions of this chapter, including variances, when granted, and
certificates of compliance.
D.
Alteration of watercourses. The local administrator shall:
(1)
Notify adjacent communities and the New York State Department
of Environmental Conservation prior to any alteration or relocation of a watercourse
and submit evidence of such notification to the Regional Director, Federal
Emergency Management Agency, Region II, 26 Federal Plaza, New York, New York
10278.
(2)
Require that maintenance is provided within the altered
or relocated portion of said watercourse so that the flood-carrying capacity
is not diminished.
E.
Interpretation of FHBM, FIRM or FBFM boundaries.
(1)
The local administrator shall have the authority to make
interpretations when there appears to be a conflict between the limits of
the federally identified areas of special flood hazard and actual field conditions.
(3)
The local administrator shall use flood information from
any other authoritative source, including historical data, to establish the
limits of the areas of special flood hazard when base flood elevations are
not available.
F.
Construction stage.
[Added 5-22-1994 by L.L. No. 1-1994]
(1)
In Zones A1 through A30, AE and AH, and also Zone A if
base flood elevation data are 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.
G.
Stop-work orders.
(1)
All floodplain development found ongoing without an approved permit shall be subject to the issuance of a stop-work order by the local administrator. Disregard of a stop-work order shall be subject to the penalties described in § 172-8 of this chapter.
(2)
All floodplain development found noncompliant with the provisions of this chapter and/or the conditions of the approved permit shall be subject to the issuance of a stop-work order by the local administrator. Disregard of a stop-work order shall be subject to the penalties described in § 172-8 of this chapter.
H.
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 that the development
is in compliance with the requirements of this chapter.
I.
Certificate of compliance.
(1)
It shall be unlawful to use or 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 either the development permit or the approved variance.
(2)
All other development occurring within the area of special
flood hazard will have upon completion a certificate of compliance issued
by the local administrator.
J.
Information to be retained. The local administrator shall
retain and make available for inspection, copies of the following:
[Added 5-2-1994 by L.L. No. 1-1994]
(1)
Floodplain development permits and certificates of compliance.
(2)
Certifications of as-built lowest floor elevations of structures, required pursuant to § 172-12F(1) and (2), and whether or not the structures contain a basement.
(3)
Floodproofing certificates required pursuant to § 172-12F(1) and whether or not the structures contain a basement.
