It should be noted that the Flood Hazard Area Maps may not include all special flood hazard areas within the Town and may be updated periodically by the Federal Insurance Administration. These further modifications (including expansion of the Floodway/Floodway Fringe designations) will meet amendment procedures as set forth in §
146-78. It should also be pointed out that an appeals procedure is available also within the 1969 Federal Flood Insurance Law, as amended.
The grant of a permit or approval of a subdivision
plan in any floodplain district shall not constitute a representation,
guarantee, or warranty of any kind by the municipality, or by any
official or employee thereof of the practicability or safety of the
proposed use, and shall create no liability upon the municipality,
its officials or employees.
It shall be required that all new construction,
substantial improvements, subdivision proposals, new developments
and new or replacement water supply/sanitary sewage systems will come
under the following permit system if it falls within the Flood Hazard
Area District:
A. The Building Inspector shall review all building permit
applications for new construction or substantial improvements to determine
whether proposed building sites will be reasonably safe from flooding.
If a proposed building site is in a location that has a flood hazard,
any proposed new construction or substantial improvement, including
prefabricated and mobile homes, must be designed or modified and anchored
to prevent flotation, collapse or lateral movement of the structure,
use construction materials and utility equipment that are resistant
to flood damage and use construction methods and practices that will
minimize flood damage; and
B. The Building Inspector shall review subdivision proposals
and other proposed new developments to assure that all such proposals
are consistent with the need to minimize flood damage, all public
utilities and facilities, such as sewer, gas, electrical and water
systems are located, elevated and constructed to minimize or eliminate
flood damage, and adequate drainage is provided so as to reduce exposure
to flood hazards; and
C. The Building Inspector shall require new or replacement
water supply systems and/or sanitary sewage systems to be designed
to minimize or eliminate infiltration of floodwaters into the systems
and discharges from the systems into floodwaters, and require on-site
waste disposal systems to be located so as to avoid impairment of
them or contamination from them during flooding.
The following uses shall be permitted within
the designated floodway: general farming, including but not limited
to animal husbandry practices (e.g., the breeding and raising of cattle,
sheep, pigs, etc.); the sale of agricultural products grown on the
premises; open recreational uses (e.g., parks, playgrounds, golf courses,
etc.) but not intensive commercial recreational uses (e.g., race tracks,
amusement parks, campgrounds, etc.); wildlife, game and forest preserves;
off-street parking area; lawns, gardens and play areas; open space
preservation for historic, scientific and scenic sites.
These regulations apply only to the flood hazard area which lies west of the intersection of Chautauqua Lake and the City of Jamestown and along the shore line of Chautauqua Lake as indicated on the official maps. These regulations are in addition to those contained in §
146-54.
A. Front yard requirements. No building or accessory
structure, including ground level courts or pools or similar constructed
facilities, shall be built within 50 feet of the shores of Chautauqua
Lake.
B. Elevation requirements. No living or storage space
may be constructed below an elevation of 1,311.6 feet above mean sea
level. No life support system (heating, cooling, electric service,
general air conditioning or similar facilities) may be constructed
below an elevation of 1,311.6 feet above mean sea level except County
Health Department approved water supply and sewage systems. Structures
may be placed where ground elevation is below 1,311.6 feet above mean
sea level, but design of structures must meet elevations noted.
C. Requirements concerning replacement of damaged or
destroyed existing structures. The above-noted yard requirements may
be waived to replace an existing structure lost or damaged by fire
or natural disaster. However, the replacement structure may not be
placed any closer to the lakeshore than it was previously located.
In the rebuilding of the structure, all elevation requirements noted
above must be adhered to.
The following uses shall be permitted within
the floodway fringe: any use, purpose or activity of a building, dwelling
unit, structure, lot, land or part thereof pertaining to any residential
uses (e.g. single-family dwellings, multiple-family dwellings, mobile
homes, etc.); any business, commercial or industrial uses (e.g., retail
stores, banks, restaurants, machine shops, etc.); any agricultural
or open spaces use (e.g., crop farming, golf course, playground, etc.);
or any other use (e.g., municipal buildings, schools, libraries, etc.);
except as limited by other articles of this chapter.
The following use requirements shall be sufficient
so as to compensate for a flood measuring one foot above the one-hundred-year
flood level for a given area:
A. The minimum horizontal setback for all structures
shall be 75 feet from the toe of the slope of any watercourse. The
minimum setback for all structures shall be 50 feet measured back
from the road right-of-way line.
B. Where public sewerage is not available and sewage
disposal is needed, no lot shall be built upon which has insufficient
space for a private sanitary waste disposal system, as determined
by the New York State Department of Health and the New York State
Department of Environmental Conservation or their agents.
The Building Inspector shall meet the requirements as set forth in §
146-56.