The Code Enforcement Officer and such other
person as the Town of Woodstock shall time to time designate is hereby
appointed local administrator to administer and implement this chapter
by granting or denying development permits in accordance with its
provisions.
A floodplain development permit shall be obtained before the start of construction or any other development, including the placement or replacement of manufactured homes or recreational vehicles, within the area of special flood hazard as established in § 82-6. Application for a development 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.
All applications for a floodplain development
permit shall be accompanied by an application fee as provided by the
fee schedule established and annually reviewed by the Town Board.
In addition, the Town of Woodstock reserves the right to recover from
the permittee all reasonable costs necessary for review, approval,
and inspection of the project.
[Amended 10-11-2016 by L.L. No. 3-2016]
The applicant shall provide the following information as appropriate.
Additional information may be required on the permit application form.
A.
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 Zones A1-A30, AE or AH, or Zone A if base
flood elevation data are available. Upon completion of the lowest
floor, the permitee shall submit to the local administrator the as-built
elevation, certified by a licensed professional engineer or surveyor.
B.
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
permitee shall submit to the local administrator the as-built floodproofed
elevation, certified by a professional engineer or surveyor.
C.
A certificate from a licensed professional engineer or architect that any utility floodproofing will meet the criteria in § 82-16C of this chapter, Utilities.
D.
A certificate from a licensed professional engineer or architect that any nonresidential floodproofed structure will meet the floodproofing criteria in § 82-17B of this chapter, Nonresidential structures.
E.
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 § 82-6, 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.
F.
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.
G.
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.
[Amended 10-11-2016 by L.L. No. 3-2016]
A.
In Zones
Al - 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 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).
B.
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.
[Amended 10-11-2016 by L.L. No. 3-2016]
Duties of the local administrator shall include, but not be
limited to, the following.
A.
Permit application review. The local administrator shall conduct
the following permit application review before issuing a floodplain
development permit:
(1)
Review all applications for completeness, particularly with the requirements of § 82-13, Application for permit, 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 § 82-16 of this chapter, General standards (which includes subdivision proposals) and § 82-17, Specific standards.
(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 § 82-16 of this chapter, General standards (which includes subdivision proposals) and § 82-17, Specific standards, of this chapter, 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.
(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 § 82-13G of this chapter, 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.
(3)
When an area of special flood hazard, base flood elevation, and/or floodway data are available from a federal, state or other authoritative source, but differ from the data in the documents enumerated in § 82-6 of this chapter, the local administrator may reasonably utilize the other flood information to enforce more restrictive development standards.
C.
Alteration of watercourses.
(1)
Notification to adjacent municipalities that may be affected and
the New York State Department of Environmental Conservation prior
to permitting any alteration or relocation of a watercourse, and submittal
of evidence of such notification to the Regional Administrator, Region
II, Federal Emergency Management Agency.
(2)
Determine that the permit holder has provided for maintenance within
the altered or relocated portion of said watercourse so that the flood-carrying
capacity is not diminished.
D.
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, if requested,
that the development is in compliance with the requirements of the
floodplain development permit and/or any variance provisions.
E.
Stop-work orders.
(1)
The local administrator shall issue, or cause to be issued, a stop-work order for any floodplain development found ongoing without a development permit. Disregard of a stop-work order shall subject the violator to the penalties described in § 82-8 of this chapter.
(2)
The local administrator shall issue, or cause to be issued, a stop-work order for any floodplain development found noncompliant with the provisions of this chapter and/or the conditions of the development permit. Disregard of a stop-work order shall subject the violator to the penalties described in § 82-8 of this chapter.
F.
Certificate of compliance.
(1)
In areas of special flood hazard, as determined by documents enumerated in § 82-6 of this chapter, it shall be unlawful to 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 this chapter.
(2)
A certificate of compliance shall be issued by the local administrator
upon satisfactory completion of all development in areas of special
flood hazard.
(3)
Issuance of the certificate shall be based upon the inspections conducted as prescribed in § 82-15D of this chapter, Inspections, and/or any certified elevations, hydraulic data, floodproofing, anchoring requirements or encroachment analyses which may have been required as a condition of the approved permit.
G.
Information to be retained. The local administrator shall retain
and make available for inspection copies of the following:
