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 § 68-6.
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 Village of Fair Haven 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 Village of
Fair Haven for all fees and other costs in relation to the application.
The applicant must also provide all data, analyses and mapping and
reimburse the Village of Fair Haven 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 § 68-6, 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, or,
(b)
The Village of Fair Haven 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
Village of Fair Haven for all fees and other costs in relation to
the application. The applicant must also provide all data, analyses
and mapping and reimburse the Village of Fair Haven for all costs
related to the final map revisions.
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)
For enclosed areas below the lowest floor of a structure
within Zones A1-A30, 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 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.
(a)
Designs for meeting this requirement must either
be certified by a licensed professional engineer or architect or meet
or exceed the following minimum criteria:
(b)
Openings may be equipped with louvers, valves,
screens or other coverings or devices provided they permit the automatic
entry and exit of floodwaters.
(c)
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. 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 Building Code of New York
State or the Residential Code of New York State for location of such
items in wet locations;
(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.
A.
Elevation. The following standards, in addition to the standards in § 68-15A, Subdivision proposals, and B, Encroachments, and § 68-16, Specific standards for all structures, apply to structures located in areas of special flood hazard as indicated.
(1)
Within Zones A1-A30, 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 level.
(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.
(3)
Within Zone AO, new and substantially improved structures shall have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as two feet above the depth number specified in feet on the community's Flood Insurance Rate Map enumerated in § 68-6 (at least two feet if no depth number is 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, in addition to the requirements in § 68-15A, Subdivision proposals, and B, Encroachments, and § 68-16, Specific standards for all structures.
A.
Within Zones A1-A30, 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 level 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 two feet above
the depth number specified in feet on the community's FIRM (at least
two feet if no depth number is specified), or
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 the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions of § 68-18A(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 are
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 § 68-15, General standards, and § 68-16, Specific 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.
B.
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.
C.
A manufactured home that is placed or substantially
improved in Zones A1-A30, AE and AH shall be elevated on a permanent
foundation such that the lowest floor is elevated to or above the
base flood elevation and is securely anchored to an adequately anchored
foundation system to resist flotation, collapse and lateral movement.
D.
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.
