[Amended 10-27-2020 by L.L. No. 9-2020]
The Superintendent of Public Works/Village Engineer
or his designee is hereby appointed local administrator to administer
and implement this chapter by granting or denying development permit
applications in accordance with its provisions.
A floodplain development permit is hereby established for all construction and other development to be undertaken in areas of special flood hazard in the Village 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 enumerated in § 130-7, without a valid floodplain development permit. Application for a floodplain development permit shall be made on forms furnished by the local administrator. Such application shall 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.
[Amended 10-28-2014 by L.L. No. 9-2014]
The applicant shall provide the following information and any
other information requested by the local administrator in electronic
file format acceptable to the Building Department in addition to at
least one original signed application form and eight paper copies
of all plans and surveys, or such other format or amount as determined
by the Building Department, except that the Building Department may
waive the electronic submission requirement only in extraordinary
cases of technical infeasibility:
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 Zone A1-A30, AE or AH, or Zone
A, as set forth on the Flood Insurance Rate Map, if base flood elevation
data are available. Upon completion of the lowest floor, the applicant
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 applicant 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 the utility floodproofing will meet the criteria in § 130-16C(3), Utilities.
D.
A certificate from a licensed professional engineer or architect that any nonresidential floodproofed structure will meet the floodproofing criteria in § 130-16E, Nonresidential construction.
E.
A description of the extent to which any watercourse will be altered or relocated as a result of proposed development. A licensed professional engineer must submit computations, which demonstrate that the altered or relocated watercourse will provide equal or greater conveyance than that which was provided by the unaltered watercourse. The applicant shall submit any maps, computations or other material required by FEMA and shall pay any fees or other costs assessed by FEMA to revise the documents enumerated in § 130-7. 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 demonstrates that proposed
development to be located in an area of special flood hazard will
not result in, or contribute to, damage to any other property.
G.
In Zone A, when no base flood elevation data are available
from other sources, the applicant shall provide base flood elevation
data.
All applications for a floodplain development
permit shall be accompanied by a fee as set forth in the license and
permit fee schedule on file in the Village Clerk’s office. In
addition, the applicant shall be responsible for reimbursing the Village
of Rye Brook for any additional costs necessary for review, inspection
and approval of this project.
The duties of the local administrator shall
include but not be limited to:
A.
Permit application review. The local administrator
shall, prior to the issuance of a floodplain development permit:
(1)
Review all floodplain development permit applications
for completeness and to determine that the requirements of his chapter
have been satisfied.
(2)
Review subdivision and other proposed new development 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.
(3)
Review all floodplain development permit applications
in an area of special flood hazard to determine whether the proposed
development may adversely affect any other property. For the purposes
of this chapter, "adversely affect” means damage to adjacent
properties because of rises in flood stages attributed to physical
changes of the channel and the adjacent overbank areas. An engineering
study or other technical analyses may be required of the applicant
for this purpose.
(a)
If there is no adverse effect, then the permit
shall be granted consistent with the provisions of this chapter.
(b)
If there is an adverse effect, 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)
Review all floodplain development permit applications
to determine that all necessary permits have been obtained from those
federal, state or local governmental agencies from which prior approval
is required.
B.
Use of other base 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 § 130-13A, 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 retained. The local administrator
shall retain and make available for inspection copies of the following:
(1)
Floodplain development permits and certificates of
compliance;
(2)
Certifications of as-built lowest floor elevations of structures, required pursuant to § 130-15D(1) and § 130-15D(2), and whether or not the structures contain basements;
(3)
Floodproofing certificates required pursuant to § 130-15D(1), and whether or not the structures contain basements;
D.
Construction stage.
(1)
In Zones A1-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, the local administrator shall obtain from the floodplain
development 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.
(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.
E.
Inspections. The local administrator and/or the applicant’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 the applicant’s engineer or
architect to certify, if requested by the local administrator, that
the development is in compliance with the requirements of the floodplain
development permit and any conditions thereof, and/or any approved
variances.
F.
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 floodplain development permit. Disregard of a stop-work order shall subject the violator to the penalties described in § 130-9 of this chapter.
(2)
The local administrator shall issue, or cause to be issued, a stop-work order for any floodplain development found not compliant with the provisions of this chapter and/or the conditions of the floodplain development permit. Disregard of a stop-work order shall subject the violator to the penalties described in § 130-9 of this chapter.
G.
Certificate of compliance.
(1)
In areas of special flood hazard, as determined by documents enumerated in § 130-7, 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.
H.
Alteration of watercourses.
(1)
The local administrator shall notify adjacent communities
and the New York State Department of Environmental Conservation prior
to any alteration or relocation of a watercourse and shall submit
evidence of such notification to the Regional Director, Region II,
Federal Emergency Management Agency.
(2)
The local administrator shall review submitted information
to determine if the floodplain development permit holder has provided
for maintenance within the altered or relocated portion of said watercourse
so that the flood-carrying capacity is not diminished.
