[HISTORY: Adopted by the Town Board of the Town of Tonawanda 5-24-1982 by L.L. No. 5-1982. Amendments noted where applicable.]
This chapter is designed to prevent substantial improvements in the one-hundred-year-flood areas of the Town of Tonawanda.
As used in this chapter, the following terms shall have the meanings indicated:
- AREA OF SPECIAL FLOOD HAZARD
- The land in the floodplain within a community subject to a one-percent-or-greater chance of flooding in any given year.
- BASE FLOOD
- The flood having a one-percent chance of being equaled or exceeded in any given year.
- Any structure built for support, shelter or enclosure for occupancy
or storage.[Added 8-17-1987 by L.L. No. 3-1987]
- Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations located within the area of special flood hazard.
- 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 one foot.
- SUBSTANTIAL IMPROVEMENT
- Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either before the improvement or repair is started or, if the structure has been damaged and is being restored, before the damage occurred. For the purpose of this definition, substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either:
Any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions.
Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.
This chapter shall apply to all areas of special flood hazard within the jurisdiction of the Town of Tonawanda.
The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled the "Flood Insurance Study for the Town of Tonawanda," dated February 17, 1981, with accompanying Flood Insurance Rate Maps and Flood Boundary — Floodway Maps, and any revisions thereto, are hereby adopted by reference and declared to be a part of this chapter. The Flood Insurance Study is on file at the Town Municipal Building.
[Amended 8-17-1987 by L.L. No. 3-1987] No new development or substantial improvements shall be permitted in the special flood area except for the following uses:
Outdoor recreation, including parks, picnic groves, hiking and bicycle paths and other recreational uses, excluding buildings or other structures as approved by the town.
Municipal uses, including parking lots, utility crossing, maintenance of approved uses (excluding building), flood protection structures and devices and watercourse alterations as approved by the State of New York.
All uses, including utilities, shall be located and constructed to minimize or eliminate flood damage.
A development permit shall be obtained from the Town Engineer before development of any of the above permitted uses begins. All development permits shall be reviewed to determine that all necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required.
[Amended 8-17-1987 by L.L. No. 3-1987]
Located within areas of special flood hazard are areas designated as floodways. (See Definitions, § 92-2.) The floodway is an extremely hazardous area due to high-velocity floodwaters carrying debris and posing additional threats from potential erosion forces. When floodway data is available for a particular site as provided by § 92-4, all encroachments, including fill, new construction, substantial improvements and other development, are prohibited within the limits of the floodway unless a technical evaluation demonstrates that such encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.
Violation of any provision of this chapter shall be punishable by a fine not to exceed $100. For the purpose of conferring jurisdiction upon courts and judicial officers generally, such violations shall be deemed misdemeanors, and for such purpose only, all provisions of law relating to misdemeanors shall apply to such violations.