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 §
130-7:
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
homes 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 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 future development, will not increase the water surface elevation
of the base flood more than one foot at any location; or
(b)
The Village of Rye Brook 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 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 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 §
130-7, no new construction, substantial improvements or other development in the floodway (including fill) shall be permitted unless:
(a)
Technical evaluation by the applicant’s
licensed professional engineer shows that such an encroachment will
not result in any increase in flood levels during occurrence of the
base flood; or
(b)
The Village of Rye Brook 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 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 for all costs related to the final map revisions.
(3) Whenever any portion of a floodplain is authorized
for development, the volume of space occupied by the authorized fill
or structure below the base flood elevation shall be compensated for
and balanced by a hydraulically equivalent volume of excavation taken
from below the base flood elevation at or adjacent to the development
site. All such excavations shall be constructed to drain freely to
the watercourse. No area below the water line of a pond or other body
of water can be credited as a compensating excavation.
C. Standards for all structures.
(1) 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.
(2) Construction materials and methods.
(a)
New construction and substantial improvements
to structures shall be constructed with materials and utility equipment
resistant to flood damage.
(b)
New construction and substantial improvements
to structures shall be constructed using methods and practices that
minimize flood damage.
(c)
For enclosed areas below the lowest floor of
a structure within Zone 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 usable 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.
Designs for meeting this requirement must either be certified by a
licensed professional engineer or architect or meet or exceed the
following minimum criteria:
[1]
A minimum of two openings having a total net
area of not less than one square inch for every square foot of enclosed
area subject to flooding; and
[2]
The bottom of all such openings no higher than
one foot above the lowest adjacent finished grade.
(d)
Openings may be equipped with louvers, valves,
screens or other coverings or devices, provided they permit the automatic
entry and exit of floodwaters. Enclosed areas below grade on all sides
are considered basements and are not permitted.
(3) Utilities.
(a)
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;
(b)
New and replacement water supply systems shall
be designed to minimize or eliminate infiltration of floodwaters into
the system;
(c)
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
(d)
On-site waste disposal systems shall be located
to avoid impairment to them or contamination from the during flooding.
D. Residential structures.
(1) Elevation. The following standards, in addition to the standards in §
130-16A, Subdivision proposals, §
130-16B, Encroachments, and §
130-16C, Standards for all structures, apply to structures located in areas of special flood hazard as indicated:
(a)
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.
(b)
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.
(c)
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 §
130-7 (at least two feet if no depth number is specified).
(d)
Within Zones AH and AO, adequate drainage paths
are required to guide floodwaters around and away from proposed structures
on slopes.
E. Nonresidential construction. The following standards apply to new and substantially improved commercial, industrial and other nonresidential structures, in addition to the requirements in §
130-16A, Subdivision proposals, §
130-16B, Encroachments, and §
130-16C, Standards for all structures.
(1) 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:
(a)
Have the lowest floor, including basement or
cellar, elevated to or above two feet above the base flood elevation;
or
(b)
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.
(2) Within Zone AO, new construction and substantial improvements
of nonresidential structures shall:
(a)
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
(b)
Together with attendant utility and sanitary facilities, be completely floodproofed to that level to meet the floodproofing standard specified in §
130-16E(1)(a).
(3) 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 §
130-16E(1)(b), including the specific elevation (in relation to mean sea level) to which the structure is to be floodproofed.
(4) Within Zones AH and AO, adequate drainage paths are
required to guide floodwaters around and away from proposed structures
on slopes.
(5) Within Zone A, when no base flood elevation data are
available, the lowest floor (including the basement) shall be elevated
at least three feet above the highest adjacent grade.
F. Manufactured homes. The following standards, in addition to the standards in §
130-16, Standards for new development, and §
130-16C, Standards for all structures, apply, as indicated, in areas of special flood hazard to manufactured homes that are located in areas of special flood hazard:
(1) 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.
(2) Within Zone AO, the floor shall be elevated above the highest adjacent grade at least as high as the depth number specified on the Flood Insurance Rate Map enumerated in §
130-7 (at least two feet if no depth number is specified).