A.ย
It is determined that damages from flooding and erosion
may be a problem to the residents of the Town of Pittsford and that
such damages may include destruction or loss of private and public
housing, damage to public facilities, both publicly and privately
owned, and injury to and loss of human life. In order to minimize
the threat of such damages and to achieve the purposes and objectives
hereinafter set forth, this chapter is adopted.
B.ย
It is the purpose of this chapter to promote the public
health, safety and general welfare and to minimize public and private
losses due to flood conditions in specific areas by provisions designed
to:
(1)ย
Regulate uses which are dangerous to health, safety
and property due to water or erosion hazards or which result in damaging
increases in erosion or in flood heights or velocities.
(2)ย
Require that uses vulnerable to floods, including
facilities which serve such uses, be protected against flood damage
at the time of initial construction.
(3)ย
Control the alteration of natural floodplains, stream
channels and natural protective barriers which are involved in the
accommodation of floodwaters.
(4)ย
Control filling, grading, dredging and other development
which may increase erosion or flood damages.
(5)ย
Regulate the construction of flood barriers which
will unnaturally divert floodwaters or which may increase flood hazards
to other lands.
(6)ย
Qualify for and maintain participation in the National
Flood Insurance Program.
The objectives of this chapter are to:
A.ย
Protect human life and health.
B.ย
Minimize expenditure of public money for costly flood-control
projects.
C.ย
Minimize the need for rescue and relief efforts associated
with flooding and generally undertaken at the expense of the general
public.
D.ย
Minimize prolonged business interruptions.
E.ย
Minimize damage to public facilities and utilities,
such as water and gas mains, electric, telephone and sewer lines,
streets and bridges located in areas of special flood hazard.
F.ย
Help maintain a stable tax base by providing for the
sound use and development of areas of special flood hazard so as to
minimize future flood-blight areas.
G.ย
Provide that developers are notified that property
is in an area of special flood hazard.
H.ย
Ensure that those who occupy the areas of special
flood hazard assume responsibility for their actions.
A.ย
Unless specifically defined below, words or phrases
used in this chapter shall be interpreted so as to give them the meanings
they have in common usage and to give this chapter its most reasonable
application.
B.ย
AREA OF SHALLOW FLOODING
AREA OF SPECIAL FLOOD HAZARD
BASE FLOOD
BASEMENT
BUILDING
CELLAR
CRAWL SPACE
DEVELOPMENT
ELEVATED BUILDING
(1)ย
(a)ย
(b)ย
(2)ย
(3)ย
FEDERAL EMERGENCY MANAGEMENT AGENCY
FLOOD BOUNDARY AND FLOODWAY MAP (FBFM)
FLOOD ELEVATION STUDY
FLOOD HAZARD BOUNDARY MAP (FHBM)
FLOOD INSURANCE RATE MAP (FIRM)
FLOOD INSURANCE STUDY
FLOOD or FLOODING
(1)ย
(2)ย
FLOODPLAIN or FLOOD-PRONE AREA
FLOODPROOFING
FLOODWAY
FUNCTIONALLY DEPENDENT USE
HIGHEST ADJACENT GRADE
HISTORIC STRUCTURE
(1)ย
(2)ย
(3)ย
(4)ย
LOCAL ADMINISTRATOR
LOWEST FLOOR
MANUFACTURED HOME
MANUFACTURED HOME PARK OR SUBDIVISION
MEAN SEA LEVEL
MOBILE HOME
NEW CONSTRUCTION
ONE-HUNDRED-YEAR FLOOD or 100-YEAR FLOOD
PRINCIPALLY ABOVE GROUND
RECREATIONAL VEHICLE
(1)ย
(2)ย
(3)ย
(4)ย
REGULATORY FLOODWAY
START OF CONSTRUCTION
STRUCTURE
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
(1)ย
(2)ย
TOWN
VARIANCE
As used in this chapter, the following terms shall
have the meanings indicated:
A designated AO, AH or VO Zone on a community's Flood Insurance
Rate Map (FIRM) with a one-percent or greater annual chance of flooding
to an average annual depth of one to three feet, where a clearly defined
channel does not exist, where the path of flooding is unpredictable
and where velocity flow may be evident. Such flooding is characterized
by ponding or sheet flow.
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-A30, A99, V, VO,
VE or V1-V30. It is also commonly referred to as the "base floodplain"
or "one-hundred-year floodplain." For purposes of this chapter, the
term โspecial flood hazard area (SFHA)โ is synonymous
in meaning with the phrase โarea of special flood hazard.โ
The flood having a one-percent chance of being equaled or
exceeded in any given year.
That portion of a building having its floor subgrade (below
ground level) on all sides.
See "structure."
Has the same meaning as "basement."
An enclosed area beneath the lowest elevated floor, 18 inches
or more in height, which is used to service the underside of the lowest
floor.
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining,
dredging, filling, paving, excavation or drilling operations or storage
of equipment or materials.
A nonbasement building:
Built, in the case of a building in Zones A1-A30,
AE, A, A99, AO, AH, B, C, X or D, to have the top of the elevated
floor or, in the case of a building in Zones V1-V30, VE or V, to have
the bottom of the lowest horizontal structure member of the elevated
floor elevated above the ground level by means of pilings, columns
(posts and piers) or shear walls parallel to the flow of the water;
and
Adequately anchored so as not to impair the
structural integrity of the building during a flood of up to the magnitude
of the base flood.
In the case of Zones A1-A30, AE, A, A99, AO,
AH, B, C, X or D, "elevated building" also includes a building elevated
by means of fill or solid foundation perimeter walls with openings
sufficient to facilitate the unimpeded movement of floodwaters.
In the case of Zones V1-V30, VE or V, "elevated
building" also includes a building otherwise meeting the definition
of "elevated building," even though the lower area is enclosed by
means of breakaway walls that meet the federal standards.
The federal agency that administers the National Flood Insurance
Program.
An official map of the community published by the Federal
Emergency Management Agency as part of a riverine community's Flood
Insurance Study. The FBFM delineates a regulatory floodway along watercourses
studied in detail in the Flood Insurance Study.
An examination, evaluation and determination of the flood
hazards and, if appropriate, corresponding water surface elevations
or an examination, evaluation and determination of flood-related erosion
hazards.
An official map of a community issued by the Federal Emergency
Management Agency where the boundaries of the areas of special flood
hazard have been designated as Zone A but no flood elevations are
provided.
An 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.
See "flood elevation study."
"Flood" or "flooding" also means the collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water accompanied by a severe storm or by an unanticipated force of nature, such as a flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in Subsection (1)(a) above.
Any land area susceptible to being inundated by water from
any source. (See "flooding.")
Any combination of structural and nonstructural additions,
changes or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
See "regulatory floodway."
A use which cannot perform its intended purpose unless it
is located or carried out in close proximity to water, such as a docking
or port facility necessary for the loading and unloading of cargo
or passengers, shipbuilding and ship repair facilities. The term does
not include long-term storage, manufacturing, sales or service facilities.
The highest natural elevation of the ground surface, prior
to construction, next to the proposed walls of a structure.
Any structure that is:
Listed individually in the National Register
of Historic Places (a listing maintained by the Department of the
Interior) or preliminarily determined by the Secretary of the Interior
as meeting the requirements for individual listing on the National
Register;
Certified or preliminarily determined by the
Secretary of the Interior as contributing to the historical significance
of a registered historic district or a district preliminarily determined
by the Secretary to qualify as a registered historic district;
Individually listed on a state inventory of
historic places in states with historic preservation programs which
have been approved by the Secretary of the Interior; or
Individually listed on a local inventory of
historic places in communities with historic preservation programs
that have been certified either by an approved state program as determined
by the Secretary of the Interior or directly by the Secretary of the
Interior in states without approved programs.
The person appointed by ยงย 95-13 of this chapter to administer and implement the provisions and requirements of this chapter.
Lowest floor of the lowest enclosed area (including basement
or cellar). An unfinished or flood-resistant enclosure, usable solely
for parking of vehicles, building access or storage, in an area other
than a basement area is not considered a building's "lowest floor,"
provided that such enclosure is not built so as to render the structure
in violation of the applicable nonelevation design requirements of
this chapter.
A structure, transportable in one or more sections, which
is built on a permanent chassis and designed to be used with or without
a permanent foundation when connected to the required utilities. The
term does not include a recreational vehicle.
A parcel (or contiguous parcels) of land divided into two
or more manufactured home lots for rent or sale.
For purposes of the National Flood Insurance Program, the
National Geodetic Vertical Datum (NGVD) of 1929, the North American
Vertical Datum of 1988 (NAVD 88), or other datum to which base flood
elevations shown on a community's Flood Insurance Rate Map are referenced.
See "manufactured home."
Structures for which the start of construction commenced
on or after the effective date of a floodplain management regulation
adopted by the community, and includes any subsequent improvements
to such structure.
See "base flood."
At least 51% of the actual cash value of the structure, excluding
land value, is above ground.
A vehicle which is:
Built on a single chassis;
Four hundred square feet or less when measured
at the largest horizontal projections;
Designed to be self-propelled or permanently
towable by a light-duty truck; and
Not designed primarily for use as a permanent
dwelling but as temporary living quarters for recreational, camping,
travel or seasonal use.
The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height as determined by the Federal Emergency Management Agency in a Flood Insurance Study or by other agencies as provided in ยงย 95-16 of this chapter.
The date of permit issuance for new construction and substantial
improvements to existing structures, provided that actual start of
construction, repair, reconstruction, rehabilitation, addition placement,
or other improvement is within 180 days after the date of issuance.
The actual start of construction means the first placement of permanent
construction of a building (including a manufactured home) on a site,
such as the pouring of a slab or footings, installation of pilings
or construction of columns. Permanent construction does not include
land preparation (such as clearing, excavation, grading, or filling),
or the installation of streets or walkways, or excavation for a basement,
footings, piers or foundations, or the erection of temporary forms,
or the installation of accessory buildings such as garages or sheds
not occupied as dwelling units or not part of the main building. For
a substantial improvement, the actual โstart of constructionโ
means the first alteration of any wall, ceiling, floor or other structural
part of a building, whether or not that alteration affects the external
dimensions of the building.
A walled and roofed building, including a gas or liquid storage
tank, that is principally above ground, as well as a manufactured
home.
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% of the market value of the structure before the
damage occurred.
Any reconstruction, rehabilitation, addition or other improvement
of a structure, the cost of which equals or exceeds 50% of the market
value of the structure before the start of construction of the improvement.
The term includes structures which have incurred substantial damage,
regardless of the actual repair work performed. The term does not,
however, include either:
Any project for improvement of a structure to
correct existing violations of state or local health, sanitary or
safety code specifications which have been identified by the local
code enforcement official and which are the minimum necessary to assure
safe living conditions; or
Any alteration of an historic structure, provided
that the alteration will not preclude the structure's continued designation
as an historic structure.
The Town of Pittsford.
A grant of relief from the requirements of this chapter which
permits construction or use in a manner that would otherwise be prohibited
by this chapter.
This chapter shall apply to all areas of special
flood hazard within the jurisdiction of the Town.
[Amended 3-1-2011 by L.L. No. 2-2011]
A.ย
The areas
of special flood hazard for the Town of Pittsford, Community Number
360429, are identified and defined on the following documents prepared
by the Federal Emergency Management Agency:
(1)ย
Flood
Insurance Rate Map Panel Numbers 36055C0354G, 36055C0356G, 36055C0357G,
36055C0358G, 36055C0359G, 36055C0362G, 36055C0366G, 36055C0367G, 36055C0376G,
36055C0378G, and 36055C0386G, the effective date of which is August
28, 2008, and any subsequent revisions to these map panels that do
not affect areas under our community's jurisdiction.
(2)ย
A scientific
and engineering report entitled "Flood Insurance Study, Monroe County,
New York, All Jurisdictions," dated August 28, 2008.
(3)ย
Letter
of Map Revision, Case Number 11-02-0382P, effective May 24, 2011,
amending Panel 36055C0358G of the Flood Insurance Rate Map, and Flood
Insurance Study Table 9 and Profile 263P.
B.ย
The above
documents are hereby adopted and declared to be a part of this chapter.
The Flood Insurance Study and/or maps are on file at the Town's Department
of Public Works.
A.ย
This chapter includes all revisions to the National
Flood Insurance Program through October 27, 1997, and shall supersede
all previous laws adopted for the purpose of flood damage prevention.
B.ย
In their interpretation and application, the provisions
of this chapter shall be held to be minimum requirements, adopted
for the promotion of the public health, safety and welfare. Whenever
the requirements of this chapter are at variance with the requirements
of any other lawfully adopted rules, regulations or ordinances, the
most restrictive or that imposing the highest standards shall govern.
The invalidity of any section or provision of
this chapter shall not invalidate any other section or provision thereof.
No structure in an area of special flood hazard shall hereafter be constructed, located, extended, converted or altered and no land shall be excavated or filled without full compliance with the terms of this chapter and any other applicable regulations. Any infraction of the provisions of this chapter by failure to comply with any of its requirements, including infractions of conditions and safeguards established in connection with conditions of the permit, shall constitute a violation. Any person who violates this chapter or fails to comply with any of its requirements shall, upon conviction thereof, be fined no more than $250 or imprisoned for not more than 15 days, or both. Each day of noncompliance shall be considered a separate offense. Nothing herein contained shall prevent the Town of Pittsford from taking such other lawful action as necessary to prevent or remedy an infraction. Any structure found not compliant with the requirements of this chapter for which the developer and/or owner has not applied for and received an approved variance under Article V of this chapter will be declared noncompliant and notification sent to the Federal Emergency Management Agency.
The degree of flood protection required by this
chapter is considered reasonable for regulatory purposes and is based
on scientific and engineering considerations. Larger floods can and
will occur on rare occasions. Flood heights may be increased by man-made
or natural causes. This chapter does not imply that land outside the
areas of special flood hazard or uses permitted within such areas
will be free from flooding or flood damages. This chapter shall not
create liability on the part of the Town of Pittsford, any officer
or employee thereof or the Federal Emergency Management Agency for
any flood damages that result from reliance on this chapter or any
administrative decision lawfully made thereunder.