[Added 11-11-1986 by L.L. No. 4-1986]
A.
Applicability. This section shall apply to all areas
of special flood hazard within the jurisdiction of the Village of
Hammondsport.
B.
Basis for establishing the areas of special flood
hazard. 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 Village of Hammondsport, County
of Steuben, New York," dated October 19, 1977, with accompanying Flood
Insurance Rate Maps and Flood Boundary - Floodways, dated April 17,
1978, and any revisions thereto is hereby adopted by reference and
declared to be a part of this section. The Flood Insurance Study is
on file in the office of the Village Clerk.
C.
Interpretation; conflict with other laws. In their
interpretation and application, the provisions of this section shall
be held to be minimum requirements, adopted for the promotion of the
public health, morals, safety or the general welfare. Whenever the
requirements of any other lawfully adopted rules, regulations or ordinances,
the most restrictive or that imposing the higher standards shall govern.
D.
Validity. The invalidity of any subsection or provision
of this section shall not invalidate any other subsection or provision
thereof.
E.
Penalties for noncompliance. No structure or land
shall hereafter be constructed, located, extended, converted or altered
without full compliance with the terms of this section and other applicable
regulations. Violation of the provisions of this section by failure
to comply with any of its requirements (including violations of conditions
and safeguards established in connection with conditions) shall constitute
a misdemeanor. Any person who violates this section or fails to comply
with any of its requirements shall, upon conviction thereof, be fined
not more than $250 for each violation and, in addition, shall pay
all costs and expenses involved in the case. Nothing herein contained
shall prevent the Village of Hammondsport from taking such other lawful
action as is necessary to prevent or remedy a violation.
F.
Warning and disclaimer of liability. The degree of
flood protection required by this section 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
section does not imply that land outside the areas of the special
flood hazard or uses permitted within such areas will be free from
flooding or flood damages. This section shall not create liability
on the part of the Village of Hammondsport, any officer or employee
thereof or the Federal Insurance Administration for any flood damages
that result from the reliance on this section or any administrative
decision lawfully made thereunder.
G.
Establishment of development permit. A development permit shall be obtained before construction or development begins within any areas of special flood hazard established in Subsection B. Application for a development permit shall be made on forms furnished by the Zoning Officer and may include, but shall not be limited to, plans in duplicate drawn to scale 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.
H.
Designation of the Zoning Officer. The Zoning Officer
is hereby appointed to administer and implement this section by granting
or denying development permit applications in accordance with its
provisions.
I.
Duties and responsibilities of the Zoning Officer.
Duties of the Zoning Officer shall include but not be limited to:
(1)
Permit review. The Zoning Officer shall:
(a)
Review all development permits to determine
that the permit requirements of this section have been satisfied.
(b)
Review all development permits to determine
that all necessary permits have been obtained from those federal,
state or local governmental agencies from which prior approval is
required.
(2)
Use of other base flood data. When base flood elevation data has not been provided in accordance with Subsection B, Basis for establishing the areas of special flood hazard, the Zoning Officer shall obtain, review and reasonably utilize any base flood elevation data available from a federal, state or other source in order to administer Subsection P(1), Residential construction, and P(2), Nonresidential construction.
(3)
Information to be obtained and maintained. The Zoning
Officer shall:
(a)
Obtain and record the actual elevation, in relation
to mean sea level, of the lowest habitable floor, including basement,
of all new or substantially improved structures and whether or not
the structure contains a basement.
(c)
Maintain for the public inspection, all records
pertaining to the provisions of this section.
(4)
Alterations of watercourses. The Zoning Officer shall:
(a)
Notify adjacent communities and the New York
State Department of Environmental Conservation prior to any alteration
or relocation of a watercourse, and submit evidence of such notification
to the Federal Insurance Administration.
(b)
Require that maintenance is provided within
the altered or relocated portion of said watercourse so that the flood-carrying
capacity is not diminished.
(5)
Inspection of FIRM boundaries. Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazard (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Subsection J.
J.
Appeal Board.
(1)
The Zoning Board of Appeals as established by the
Village of Hammondsport shall hear and decide appeals and requests
for variances from the requirements of this section.
(2)
The Zoning Board of Appeals shall hear and decide
appeals when it is alleged that there is an error in any requirements,
decision or determination made by the Zoning Officer in the enforcement
or administration of this section.
(3)
Those aggrieved by the decision of the Zoning Board
of Appeals or any taxpayer may appeal such decision to the County
Court as provided in the New York State Constitution, Article 6, § 11.
(4)
In passing upon such application, the Zoning Board
of Appeals shall consider all technical evaluations, all relevant
factors, standards specified in other subsections of this section
and:
(a)
The danger that materials may be swept onto
other lands to the injury of others.
(b)
The danger of life and property due to flooding
or erosion damage.
(c)
The susceptibility of the proposed facility
and contents to flood damage and the effect of such damage on the
individual owner.
(d)
The importance of the services provided by a
proposed facility to the community.
(e)
The necessity to the facility of a waterfront
location where applicable.
(f)
The availability of alternative locations for
the proposed use which are not subject to flooding or erosion damage.
(g)
The compatibility of the proposed use with existing
and anticipated development.
(h)
The relationship of the proposed use to the
comprehensive plan and floodplain management program of that area.
(i)
The safety of access to the property in times
of flood for ordinary and emergency vehicles.
(j)
The expected heights, velocity, duration, rate
of rise and sediment transport of the floodwaters and the effect of
wave action, if applicable, expected at the site.
(k)
The costs of providing governmental services
during and after flood conditions, including maintenance and repair
of public utilities and facilities such as sewer, gas, electrical,
and water systems and streets and bridges.
K.
Conditions for variances.
(1)
Variances shall only be issued upon a determination
that the variance is the minimum necessary, considering the flood
hazard, to afford relief.
(2)
Variances shall only be issued upon:
(a)
A showing of good and sufficient cause.
(b)
A determination that failure to grant the variance
would result in exceptional hardship to the applicant.
(c)
A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public as identified in Subsection J(4) or conflict with existing local laws or ordinances.
L.
General standards for flood hazard reduction. In all
cases of special flood hazard, the following standards are required:
(1)
All new construction and substantial improvements
shall be anchored to prevent flotation, collapse or lateral movement
of the structure.
(2)
All mobile homes shall be anchored to resist flotation,
collapse or lateral movement by providing over-the-top and frame ties
to ground anchors. Special requirements shall be that:
(a)
Over-the-top ties shall be provided at each
of the four corners of the mobile home, with two additional ties per
side at intermediate locations, except that mobile homes less than
50 feet long shall require one additional tie per side.
(b)
Frame ties shall be provided at each corner
of the home with five additional ties per side at intermediate points,
with mobile homes less than 50 feet long requiring four additional
ties per side.
(c)
All components of the anchoring system shall
be capable of carrying a force of 4,800 pounds.
(d)
Any additions to the mobile home shall be similarly
anchored.
M.
Construction materials and methods.
N.
Utilities.
(1)
All new and replacement water supply systems shall
be designed to minimize or eliminate infiltration of floodwaters into
the system.
(2)
New and replacement sanitary sewage systems shall
be designed to minimize or eliminate infiltration of floodwaters into
the systems and discharge from the systems into the floodwaters.
(3)
On-site waste disposal systems shall be located to
avoid impairment to them or contamination from them during flooding.
O.
Subdivision proposals.
(1)
All subdivision proposals shall be consistent with
the need to minimize flood damage.
(2)
All subdivision proposals shall have public utilities
and facilities such as sewer, gas, electrical and water systems located
and constructed to minimize flood damage.
(3)
All development proposals shall have adequate drainage
provided to reduce exposure to flood damage.
(4)
Base flood elevation data shall be provided for subdivision
proposals and other proposed development which contain at least 50
lots or five acres, whichever is less.
P.
Specific standards for flood hazard reduction. In all areas of special flood hazard where base flood elevation data have been provided as set forth in Subsection B, Basis for establishing the areas of special flood hazard, or in Subsection I(2), Use of other base flood data, the following standards are required:
(1)
Residential construction. New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to or above the base flood elevation and shall be certified by a registered professional engineer or architect that such standard is satisfied. Such certifications shall be provided to the official as set forth in Subsection I.
(2)
Nonresidential construction. New construction and
substantial improvement of any commercial, industrial or other nonresidential
structure shall either have the lowest floor, including basement,
elevated to the level of the base flood elevation, or, together with
attendant utility and sanitary facilities, shall:
(3)
Mobile homes.
(b)
For new mobile home parks and mobile home subdivisions;
for expansions to existing mobile home parks and mobile home subdivisions;
for existing mobile home parks and mobile home subdivisions where
the repair, reconstruction or improvement of the streets, utilities
and pads equals or exceeds 50% of the value of the streets, utilities
and pads before the repair, reconstruction or improvement has commenced;
and for mobile homes not placed in a mobile home park or subdivision,
require that:
[1]
Stands or lots are elevated on compacted fill
or on pilings so that the lowest floor of the mobile home will be
at or above the base flood level.
[2]
Adequate surface drainage and access for hauler
are provided.
[3]
In the instance of elevation on pilings, that:
[a]
Lots are large enough to permit
steps.
[b]
Piling foundations are placed in
stable soil no more than 10 feet apart.
[c]
Reinforcement is provided for pilings
more than six feet above the ground level.
[d]
No mobile home shall be placed
in a floodway, except in an existing mobile home park or an existing
mobile home subdivision.
Q.
Floodways. Located within areas of special flood hazard established in Subsection B are areas designated as "floodways." Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles and erosion potential, the following provisions apply:
(1)
Encroachments, including fill, new construction, substantial
improvements and other development are prohibited, unless a technical
evaluation demonstrates that the encroachments shall not result in
any increase in flood levels during the occurrence of the base flood
discharge.
(2)
The placement of any mobile home is prohibited, except
in an existing mobile home park or existing mobile home subdivision.
(3)
In all areas of special flood hazard in which base
flood elevation data has been provided and no floodway has been designated,
the cumulative effects of any proposed development, when combined
with all other existing and anticipated development, shall not increase
the water surface elevation of the base flood more than one foot at
any point.
