[HISTORY: Adopted by the Rochester City Council 8-12-1947; amended in
its entirety 8-12-2008 by Ord. No. 2008-297.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Building Code -- See Ch. 39.
Coastal high-hazard areas -- See Ch. 43A.
Environmental review -- See Ch. 48.
Zoning -- See Ch. 120.
Land subdivision regulations -- See Ch. A128.
[1]
Editor's Note: This ordinance provided an
effective date of 8-28-2008.
A.
Findings. The City Council of the City of Rochester
finds that the potential and/or actual damages from flooding and erosion
may be a problem to the residents of the City of Rochester and that
such damages may include destruction or loss of private and public
housing, damage to public facilities, both publicly and privately
owned, and injury to and loss of human life. In order to minimize
the threat of such damages and to achieve the purposes and objectives
hereinafter set forth, this chapter is adopted.
B.
Statement of purpose. It is the purpose of this chapter
to promote the public health, safety, and general welfare and to minimize
public and private losses due to flood conditions in specific areas
by provisions designed to:
(1)
Regulate uses which are dangerous to health, safety
and property due to water or erosion hazards or which result in damaging
increases in erosion or in flood heights or velocities;
(2)
Require that uses vulnerable to floods, including
facilities which serve such uses, be protected against flood damage
at the time of initial construction;
(3)
Control the alteration of natural floodplains, stream
channels, and natural protective barriers which are involved in the
accommodation of floodwaters;
(4)
Control filling, grading, dredging and other development
which may increase erosion or flood damages;
(5)
Regulate the construction of flood barriers which
will unnaturally divert floodwaters or which may increase flood hazards
to other lands; and
(6)
Qualify for and maintain participation in the National
Flood Insurance Program.
C.
Objectives. The objectives of this chapter are:
(1)
To protect human life and health;
(2)
To minimize expenditure of public money for costly
flood control projects;
(3)
To minimize the need for rescue and relief efforts
associated with flooding and generally undertaken at the expense of
the general public;
(4)
To minimize prolonged business interruptions;
(5)
To minimize damage to public facilities and utilities
such as water and gas mains, electric, telephone, sewer lines, streets
and bridges located in areas of special flood hazard;
(6)
To help maintain a stable tax base by providing for
the sound use and development of areas of special flood hazard so
as to minimize future flood blight areas;
(7)
To provide that developers are notified that property
is in an area of special flood hazard; and
(8)
To ensure that those who occupy the areas of special
flood hazard assume responsibility for their actions.
Unless specifically defined below, words or
phrases used in this chapter shall be interpreted so as to give them
the meaning they have in common usage and to give this chapter its
most reasonable application.
For purposes of this chapter, a request for a review of the
Local Administrator's interpretation of any provision of this chapter
or a request for a special permit.
A designated AO, AH or VO Zone on a community's Flood Insurance
Rate Map (FIRM) with a one-percent or greater annual chance of flooding
to an average annual depth of one foot to three feet where a clearly
defined channel does not exist, where the path of flooding is unpredictable
and where velocity flow may be evident. Such flooding is characterized
by ponding or sheet flow.
The land in the floodplain within a community subject to
a one-percent or greater chance of flooding in any given year. This
area may be designated as Zone A, AE, AH, AO, A1-A30, A99, V, VO,
VE, or V1-V30. It is also commonly referred to as the "base floodplain"
or "100-year floodplain." For purposes of this chapter, the term "special
flood hazard area (SFHA)" is synonymous in meaning with the phrase
"area of special flood hazard."
The flood having a one-percent chance of being equaled or
exceeded in any given year.
That portion of a building having its floor subgrade (below
ground level) on all sides.
See "structure."
Has the same meaning as "basement."
An enclosed area beneath the lowest elevated floor, 18 inches
or more in height, which is used to service the underside of the lowest
elevated floor. The elevation of the floor of this enclosed area,
which may be of soil, gravel, concrete or other material, must be
equal to or above the lowest adjacent exterior grade. The enclosed
crawl space area shall be properly vented to allow for the equalization
of hydrostatic forces which would be experienced during periods of
flooding.
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining,
dredging, filling, paving, excavation or drilling operations or storage
of equipment or materials.
A nonbasement building i) built, in the case of a building
in Zone A1-A30, AE, A, A99, AO, AH, B, C, X, or D, to have the top
of the elevated floor, or in the case of a building in Zone V1-30,
VE, or V, to have the bottom of the lowest horizontal structure member
of the elevated floor, elevated above the ground level by means of
pilings, columns (posts and piers), or shear walls parallel to the
flow of the water and ii) adequately anchored so as not to impair
the structural integrity of the building during a flood of up to the
magnitude of the base flood. In the case of Zone A1-A30, AE, A, A99,
AO, AH, B, C, X, or D, "elevated building" also includes a building
elevated by means of fill or solid foundation perimeter walls with
openings sufficient to facilitate the unimpeded movement of floodwaters.
In the case of Zone V1-V30, VE, or V, "elevated building" also includes
a building otherwise meeting the definition of "elevated building,"
even though the lower area is enclosed by means of breakaway walls
that meet the federal standards.
The Federal agency that administers the National Flood Insurance
Program.
An official map of the community published by the Federal
Emergency Management Agency as part of a riverine community's Flood
Insurance Study. The FBFM delineates a regulatory floodway along watercourses
studied in detail in the Flood Insurance Study.
An examination, evaluation and determination of the flood
hazards and, if appropriate, corresponding water surface elevations,
or an examination, evaluation and determination of flood-related erosion
hazards.
An official map of a community, issued by the Federal Emergency
Management Agency, where the boundaries of the areas of special flood
hazard have been designated as Zone A but no flood elevations are
provided.
An official map of a community, on which the Federal Emergency
Management Agency has delineated both the areas of special flood hazard
and the risk premium zones applicable to the community.
See "flood elevation study."
"FLOOD" or "FLOODING" also means the collapse
or subsidence of land along the shore of a lake or other body of water
as a result of erosion or undermining caused by waves or currents
of water exceeding anticipated cyclical levels or suddenly caused
by an unusually high water level in a natural body of water, accompanied
by a severe storm, or by an unanticipated force of nature, such as
a flash flood or an abnormal tidal surge, or by some similarly unusual
and unforeseeable event which results in flooding as defined in A(1)
above.
Any land area susceptible to being inundated by water from
any source (see definition of "flooding").
Any combination of structural and nonstructural additions,
changes, or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
Has the same meaning as "regulatory floodway."
A use which cannot perform its intended purpose unless it
is located or carried out in close proximity to water, such as a docking
or port facility necessary for the loading and unloading of cargo
or passengers, shipbuilding, and ship repair facilities. The term
does not include long-term storage, manufacturing, sales, or service
facilities.
The highest natural elevation of the ground surface, prior
to construction, next to the proposed walls of a structure.
Any structure that is:
Listed individually in the National Register
of Historic Places (a listing maintained by the Department of the
Interior) or preliminarily determined by the Secretary of the Interior
as meeting the requirements for individual listing on the National
Register;
Certified or preliminarily determined by the
Secretary of the Interior as contributing to the historical significance
of a registered historic district or a district preliminarily determined
by the Secretary to qualify as a registered historic district;
Individually listed on a state inventory of
historic places in states with historic preservation programs which
have been approved by the Secretary of the Interior; or
Individually listed on a local inventory of
historic places in communities with historic preservation programs
that have been certified either:
The person appointed by the community to administer and implement
this chapter by granting or denying development permits in accordance
with its provisions. This person is often the Building Inspector,
Code Enforcement Officer, or employee of an engineering department.
Lowest floor of the lowest enclosed area (including basement
or cellar). An unfinished or flood-resistant enclosure, usable solely
for the parking of vehicles, building access, or storage in an area
other than a basement area, is not considered a building's lowest
floor, provided that such enclosure is not built so as to render the
structure in violation of the applicable nonelevation design requirements
of this chapter.
A structure, transportable in one or more sections, which
is built on a permanent chassis and designed to be used with or without
a permanent foundation when connected to the required utilities. The
term does not include a "recreational vehicle."
A parcel (or contiguous parcels) of land divided into two
or more manufactured home lots for rent or sale.
For purposes of the National Flood Insurance Program, the
National Geodetic Vertical Datum (NGVD) of l929, the North American
Vertical Datum of 1988 (NAVD 88), or other datum to which base flood
elevations shown on a community's Flood Insurance Rate Map are referenced.
Has the same meaning as "manufactured home."
Structures for which the start of construction commenced
on or after the effective date of a floodplain management regulation
adopted by the community and includes any subsequent improvements
to such structure.
Has the same meaning as "base flood."
That at least 51% of the actual cash value of the structure,
excluding land value, is above ground.
A vehicle which is:
Built on a single chassis;
Four hundred square feet or less when measured
at the largest horizontal projections;
Designed to be self-propelled or permanently
towable by a light-duty truck; and
Not designed primarily for use as a permanent
dwelling but as temporary living quarters for recreational, camping,
travel, or seasonal use.
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 a designated height as determined by the Federal Emergency Management Agency in a Flood Insurance Study or by other agencies as provided in § 56-4D(2) of this chapter.
The date of permit issuance for new construction and substantial
improvements to existing structures, provided that actual start of
construction, repair, reconstruction, rehabilitation, addition placement,
or other improvement is within 180 days after the date of issuance.
The "actual start of construction" means the first placement of permanent
construction of a building (including a manufactured home) on a site,
such as the pouring of a slab or footings, installation of pilings
or construction of columns. Permanent construction does not include
land preparation (such as clearing, excavation, grading, or filling)
or the installation of streets or walkways or excavation for a basement,
footings, piers or foundations or the erection of temporary forms
or the installation of accessory buildings such as garages or sheds
not occupied as dwelling units or not part of the main building. For
a substantial improvement, the "actual start of construction" means
the first alteration of any wall, ceiling, floor, or other structural
part of a building, whether or not that alteration affects the external
dimensions of the building.
A walled and roofed building, including a gas or liquid storage
tank, which is principally above ground, as well as a manufactured
home.
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% of the market value of the structure before the
damage occurred.
Any reconstruction, rehabilitation, addition, or other improvement
of a structure, the cost of which equals or exceeds 50% of the market
value of the structure before the "start of construction" of the improvement.
The term includes structures which have incurred substantial damage,
regardless of the actual repair work performed. The term does not,
however, include either:
Any project for improvement of a structure to
correct existing violations of state or local health, sanitary, or
safety code specifications which have been identified by the local
code enforcement official and which are the minimum necessary to assure
safe living conditions; or
Any alteration of a historic structure, provided
that the alteration will not preclude the structure's continued designation
as a historic structure.
For purposes of this chapter only, means a grant of relief
from the requirements of this chapter by issuance of a special permit
by the City Planning Commission which authorizes construction or use
in a manner that would otherwise be prohibited by this chapter.
[Amended 3-22-2016 by Ord. No. 2016-84]
A.
Lands to which this chapter applies. This chapter shall apply to
all areas of special flood hazard.
B.
Basis for establishing the areas of special flood hazard. The areas
of special flood hazard for the City of Rochester, Community Number
360431, are identified and defined on the following documents prepared
by the Federal Emergency Management Agency:
(1)
Flood Insurance Rate Map Panel Numbers:
36055C0088G, 36055C0179G, 36055C0182G, 36055C0183G, 36055C0184G,
36055C0191G, 36055C0192G, 36055C0193G, 36055C0194G, 36055C0201G, 36055C0202G,
36055C0203G, 36055C0204G, 36055C0206G, 36055C0208G, 36055C0211G, 36055C0212G,
36055C0213G, 36055C0214G, 36055C0216G, 36055C0218G, 36055C0331G, 36055C0332G,
36055C0351G
whose effective date is August 28, 2008, and any subsequent
revisions to these map panels that do not affect areas under our community's
jurisdiction.
(2)
A scientific and engineering report entitled "Flood Insurance Study,
Monroe County, New York, All Jurisdictions," dated August 28, 2008.
(3)
Letter of Map Revision Case Number 15-02-1699P, effective June 16,
2016, amending Flood Insurance Rate Map Panel 36055C0213G, Flood Insurance
Study Profile 94P, Flood Insurance Study Floodway Data Table 9 and
Flood Insurance Study Summary of Discharges Table 6.
The above documents are hereby adopted and declared to be a
part of this chapter. The Flood Insurance Study and/or maps are on
file at:
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City Director of Flood Plain Management
Room 125-B
City Hall
30 Church Street
Rochester, New York 14614
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C.
Interpretation and conflict with other ordinances.
(1)
This chapter includes all revisions to the National Flood Insurance
Program through October 27, 1997, and shall supersede all previous
laws adopted for the purpose of flood damage prevention.
(2)
In their interpretation and application, the provisions of this chapter
shall be held to be minimum requirements, adopted for the promotion
of the public health, safety, and welfare. Whenever the requirements
of this chapter are at variance with the requirements of any other
lawfully adopted rules, regulations, or ordinances, the most restrictive,
or that imposing the higher standards, shall govern.
D.
Severability. The invalidity of any section or provision of this
chapter shall not invalidate any other section or provision thereof.
E.
Penalties for noncompliance. No structure in an area of special flood hazard shall hereafter be constructed, located, extended, converted, or altered and no land shall be excavated or filled without full compliance with the terms of this chapter and any other applicable regulations. Any infraction of the provisions of this chapter by failure to comply with any of its requirements, including infractions of conditions and safeguards established in connection with conditions of the permit, shall constitute a violation. Any person who violates this chapter or fails to comply with any of its requirements shall, upon conviction thereof, be fined no more than $250 or imprisoned for not more than 15 days, or both. Each day of noncompliance shall be considered a separate offense. Nothing herein contained shall prevent the City of Rochester from taking such other lawful action as necessary to prevent or remedy an infraction. Any structure found not compliant with the requirements of this chapter for which the developer and/or owner has not applied for and received an approved special permit under § 56-6 will be declared noncompliant and notification sent to the Federal Emergency Management Agency.
F.
Warning and disclaimer of liability. The degree of flood protection
required by this chapter 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 chapter does not imply
that land outside the area of special flood hazards or uses permitted
within such areas will be free from flooding or flood damages. This
chapter shall not create liability on the part of the City of Rochester,
any officer or employee thereof, or the Federal Emergency Management
Agency, for any flood damages that result from reliance on this chapter
or any administrative decision lawfully made thereunder.
A.
Designation of the Local Administrator. The Commissioner
of Neighborhood and Business Development or his/her designee is hereby
appointed Local Administrator to administer and implement this chapter
by granting or denying floodplain development permits in accordance
with its provisions.
[Amended 6-16-2009 by Ord. No. 2009-179]
B.
The floodplain development permit.
(1)
Purpose. A floodplain development permit is hereby established for all construction and other development to be undertaken in areas of special flood hazard in this community for the purpose of protecting its citizens from increased flood hazards and insuring 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 § 56-3B, 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.
(2)
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 Rochester
for any additional costs necessary for review, inspection and approval
of this project. The Local Administrator may require a deposit of
no more than $500 to cover these additional costs.
C.
Application for a permit. The applicant shall provide
the following information as appropriate. Additional information may
be required on the permit application form.
(1)
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 Zone 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.
(2)
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.
(3)
A certificate from a licensed professional engineer or architect that any utility floodproofing will meet the criteria in § 56-5B(3), Utilities.
(4)
A certificate from a licensed professional engineer or architect that any nonresidential floodproofed structure will meet the floodproofing criteria in § 56-5D, Nonresidential structures.
(5)
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 § 56-3B, 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.
(6)
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.
(7)
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.
D.
Duties and responsibilities of the Local Administrator.
Duties of the Local Administrator shall include, but not be limited
to, the following:
(1)
Permit application review. The Local Administrator
shall conduct the following permit application review before issuing
a floodplain development permit:
(a)
Review all applications for completeness, particularly with the requirements of § 56-4C, Application for a permit, and for compliance with the provisions and standards of this chapter.
(b)
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 § 56-5, Construction standards, and, in particular, § 56-5A(1), Subdivision proposals.
(c)
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 § 56-5, Construction standards, 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.
(d)
Determine that all necessary permits have been
received from those governmental agencies from which approval is required
by state or federal law.
(2)
Use of other flood data.
(a)
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 § 56-4C(7), as criteria for requiring that new construction, substantial improvements or other proposed development meets the requirements of this chapter.
(b)
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.
(3)
Alteration of watercourses.
(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.
(4)
Construction stage.
(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.
(5)
Inspections. 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.
(6)
Stop-work orders.
(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 § 56-3E 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 § 56-3E of this chapter.
(7)
Certificate of compliance.
(a)
In areas of special flood hazard, as determined by documents enumerated in § 56-3B, 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.
(8)
Information to be retained. 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 § 56-4D(4)(a) and (b), and whether or not the structures contain a basement;
(c)
Floodproofing certificates required pursuant to § 56-4D(4)(a), and whether or not the structures contain a basement;
A.
General standards. 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 § 56-3B:
(1)
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
home and recreational vehicle parks and subdivisions):
(a)
Proposals shall be consistent with the need
to minimize flood damage;
(b)
Public utilities and facilities such as sewer,
gas, electrical and water systems shall be located and constructed
so as to minimize flood damage; and
(c)
Adequate drainage shall be provided to reduce
exposure to flood damage.
(2)
Encroachments.
(a)
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:
[1]
The applicant demonstrates that the cumulative
effect of the proposed development, when combined with all other existing
and anticipated development, will not increase the water surface elevation
of the base flood more than one foot at any location; or
[2]
The City of Rochester 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 City of Rochester
for all fees and other costs in relation to the application. The applicant
must also provide all data, analyses and mapping and reimburse the
City of Rochester for all costs related to the final map revision.
(b)
On streams with a regulatory floodway, as shown on the Flood Boundary and Floodway Map or the Flood Insurance Rate Map adopted in § 56-3B, no new construction, substantial improvements or other development in the floodway (including fill) shall be permitted unless:
[1]
A technical evaluation by a licensed professional
engineer shows that such an encroachment shall not result in any increase
in flood levels during occurrence of the base flood; or
[2]
The City of Rochester 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
City of Rochester for all fees and other costs in relation to the
application. The applicant must also provide all data, analyses and
mapping and reimburse the City of Rochester for all costs related
to the final map revisions.
B.
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.
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 subgrade on all sides
are considered basements and are not permitted.
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(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 or
be designed to prevent water from entering and accumulating within
the components during a flood and to resist hydrostatic and hydrodynamic
loads and stresses. 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 them during flooding.
C.
Residential structures.
(1)
Elevation. The following standards apply to new and substantially improved residential structures located in areas of special flood hazard, in addition to the requirements in §§ 56-5A(1), Subdivision proposals; and 56-5A(2), Encroachments; and § 56-5B, Standards for all structures:
(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 elevation.
(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 § 56-3B (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.
D.
Nonresidential structures. The following standards apply to new and substantially improved commercial, industrial and other nonresidential structures located in areas of special flood hazard, in addition to the requirements in §§ 56-5A(1), Subdivision proposals; 56-5A(2), Encroachments; and § 56-5B, 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 elevation, 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 § 56-5D(1)(b).
(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 § 56-5D(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 basement) shall be elevated
at least three feet above the highest adjacent grade.
E.
Manufactured homes and recreational vehicles. The following standards, in addition to the standards in § 56-5A, General standards, and § 56-5B, Standards for all structures, apply, as indicated, in areas of special flood hazard to manufactured homes and to recreational vehicles which are located in areas of special flood hazard:
(1)
(2)
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 two
feet above the base flood elevation and is securely anchored to an
adequately anchored foundation system to resist flotation, collapse
and lateral movement.
(3)
Within Zone A, when no base flood elevation data are
available, new and substantially improved manufactured homes shall
be elevated such that the manufactured home chassis is supported by
reinforced piers or other foundation elements of at least equivalent
strength that are no less than 36 inches in height above grade and
are securely anchored to an adequately anchored foundation system
to resist flotation, collapse or lateral movement.
A.
Appeals board.
(1)
The City Planning Commission as established by the
City of Rochester shall hear and decide appeals and requests for variances
from the requirements of this chapter.
(2)
The City Planning Commission shall hear and decide
appeals when it is alleged there is an error in any requirement, decision,
or determination made by the Local Administrator in the enforcement
or administration of this chapter.
(3)
Those aggrieved by the decision of the City Planning
Commission may appeal such decision to the Supreme Court pursuant
to Article 78 of the Civil Practice Law and Rules.
(4)
In passing upon such applications, the City Planning
Commission shall consider all technical evaluations, all relevant
factors, standards specified in other sections of this chapter and:
(a)
The danger that materials may be swept onto
other lands to the injury of others;
(b)
The danger to life and property due to flooding
or erosion damage;
(c)
The susceptibility of the proposed facility
and its contents to flood damage and the effect of such damage on
the individual owner;
(d)
The importance of the services provided by the
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 costs to local governments and the dangers
associated with conducting search and rescue operations during periods
of flooding;
(k)
The expected heights, velocity, duration, rate
of rise and sediment transport of the floodwaters and the effects
of wave action, if applicable, expected at the site; and
(l)
The costs of providing governmental services
during and after flood conditions, including search and rescue operations,
maintenance and repair of public utilities and facilities such as
sewer, gas, electrical, and water systems and streets and bridges.
(5)
Upon consideration of the factors of § 56-6A(4) and the purposes of this chapter, the City Planning Commission may attach such conditions to the granting of special permits as it deems necessary to further the purposes of this chapter.
(6)
The Local Administrator shall maintain the records
of all appeal actions, including technical information, and report
any issuance of special permits to the Federal Emergency Management
Agency upon request.
B.
Conditions for variances.
(1)
Generally, special permits may be issued for new construction and substantial improvements to be erected on a lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing the items in § 56-6A(4)(a) to (l) have been fully considered. As the lot size increases beyond the 1/2 acre, the technical justification required for issuing the special permit increases.
(2)
Special permits may be issued for the repair or rehabilitation
of historic structures upon determination that:
(3)
Special permits may be issued by a community for new
construction and substantial improvements and for other development
necessary for the conduct of a functionally dependent use, provided
that:
(4)
Special permits shall not be issued within any designated
floodway if any increase in flood levels during the base flood discharge
would result.
(5)
Special permits shall only be issued upon a determination
that the special permit is the minimum necessary, considering the
flood hazard, to afford relief.
(6)
Special permits shall only be issued upon receiving
written justification of:
(a)
A showing of good and sufficient cause;
(b)
A determination that failure to grant the special
permit would result in exceptional hardship to the applicant; and
(c)
A determination that the granting of a special
permit 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 or conflict with existing
local laws or ordinances.
(7)
Any applicant to whom a special permit is granted
for a building with the lowest floor below the base flood elevation
shall be given written notice over the signature of a community official
that:
(a)
The issuance of a special permit to construct
a structure below the base flood level will result in increased premium
rates for flood insurance up to amounts as high as $25 for $100 of
insurance coverage; and