The Commissioner of the Department of Public Works of the City
of Middletown is hereby appointed local administrator to administer
and implement this chapter by granting or denying floodplain development
permits in accordance with its provisions.
A.
Purpose. A floodplain development permit is hereby established for all construction and other development to be undertaken in areas of special flood hazard in the City of Middletown 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 § 270-6, without a valid floodplain development permit. Application for a 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.
B.
Fees. All applications for a floodplain development permit shall
be accompanied by an application fee of $250. In addition, the applicant
shall be responsible for reimbursing the City of Middletown for any
additional costs necessary for review, inspection and approval of
this project. The local administrator may require a deposit of no
more than $1,500 to cover these additional costs.
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 permittee 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
permittee 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 § 270-22C of this chapter.
D.
A certificate from a licensed professional engineer or architect that any nonresidential floodproofed structure will meet the floodproofing criteria in § 270-24 of this chapter.
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 § 270-6 of this chapter, 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.
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 § 270-13, 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 Article V of this chapter and, in particular, § 270-21A.
(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 Article V 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 Subsection G of § 270-13 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.
A.
Notification to adjacent communities 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 Director, Region II, Federal Emergency Management
Agency.
B.
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.
A.
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, 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.
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.
A.
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 § 270-9 of this chapter.
B.
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 § 270-9 of this chapter.
A.
In areas of special flood hazard, as determined by documents enumerated in § 270-6 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.
B.
A certificate of compliance shall be issued by the local administrator
upon satisfactory completion of all development in areas of special
flood hazard.
The local administrator shall retain and make available for
inspection, copies of the following:
A.
Floodplain development permits and certificates of compliance;
B.
Certifications of as-built lowest floor elevations of structures, required pursuant to § 270-16 of this chapter, and whether or not the structures contain a basement;
