The Board of Trustees of the Village of Brockport finds that
the potential and/or actual damages from flooding and erosion may
be a problem to the residents of the Village of Brockport 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.
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:
A.Â
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.
B.Â
Require that uses vulnerable to floods, including facilities which
serve such uses, are protected against flood damage at the time of
initial construction.
C.Â
Control the alteration of natural floodplains, stream channels and
natural protective barriers which are involved in the accommodation
of floodwaters.
D.Â
Control filling, grading, dredging and other development, which may
increase erosion or flood damages.
E.Â
Regulate the construction of flood barriers which will unnaturally
divert floodwaters or which may increase flood hazards to other lands.
F.Â
Qualify for and maintain participation in the National Flood Insurance
Program.
The objectives of this chapter are:
A.Â
To protect human life and health.
B.Â
To minimize expenditure of public money for costly flood-control
projects.
C.Â
To minimize the need for rescue and relief efforts associated with
flooding and generally undertaken at the expense of the general public.
D.Â
To minimize prolonged business interruptions.
E.Â
To minimize damage to public facilities and utilities, such as water
and gas mains, electric, telephone and sewer lines, streets and bridges
located in areas of special flood hazard.
F.Â
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.
G.Â
To provide that developers are notified that property is in an area
of special flood hazard.
H.Â
To ensure that those who occupy the areas of special flood hazard
assume responsibility for their actions.
Unless the context specifically indicates otherwise, the meanings
of terms used in this chapter shall be as follows:
A request for a review of the local administrator's
interpretation of any provision of this chapter or a request for a
variance.
A designated AO, AH or VO Zone on a community's Flood
Insurance Rate Map (FIRM), with base flood depths from one 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 "one-hundred-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.
A wall that is not part of the structural support of the
building and is intended, through its design and construction, to
collapse under specific lateral loading forces without causing damage
to the elevated portion of the building or the supporting foundation
system.
See "structure."
The same meaning as "basement."
An officer employed by the Village of Brockport as certified
by the State of New York either in the capacity of the code enforcement
officer, building inspector, fire marshal, planning/zoning officer,
peace officer, stormwater manager, floodplain administrator, or any
combination thereof.
Includes the Code Enforcement Officer and all inspectors
employed by the Village of Brockport, as certified by the State of
New York, either in the capacity of code enforcement officer, building
inspector and fire marshal, and/or titled as the assistant code enforcement
officer, building inspector and fire marshal, or any combination thereof.
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.
Structures or facilities that produce, use or store highly volatile,
flammable, explosive, toxic and/or water-reactive materials;
Hospitals, nursing homes and housing likely to contain occupants
who may not be sufficiently mobile to avoid death or injury during
a flood;
Police stations, fire stations, public works vehicle and equipment
storage facilities, and emergency operations centers that are needed
for flood response activities before, during and after a flood; and
Public and private utility facilities that are vital to maintaining
or restoring normal services to flooded areas before, during and after
a flood.
Any reconstruction, rehabilitation, addition or other improvement
of a structure that equals or exceeds 50% of the market value of the
structure at the time of the improvement or repair when counted cumulatively
for 10 years.
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 material located within the areas of special flood
hazard.
A nonbasement building:
Built, in the case of a building in Zones 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 Zones 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
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 Zones 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 Zones 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 water surface elevation
data is 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 Subsection A(1) above.
Any land area susceptible to being inundated by water from
any source (see definition of "flood or flooding").
Any combination of structural and nonstructural additions,
changes or adjustments to structures which reduces or eliminates flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
Has the same meaning as "regulatory floodway."
The top surface of an enclosed area in a building, including
the basement, i.e., the top of slab in concrete slab construction
or the top of wood flooring in wood frame construction.
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. The term does not include
long-term storage, manufacture, 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 on 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:
An officer employed by the Village of Brockport 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, and/or the municipal engineer.
The 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 or cellar, 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 1929, 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 Village of Brockport, and includes any subsequent improvements
to such structure.
Has the same meaning as "base flood."
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
vehicle; 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 § 20-6 and/or 20-13 of this chapter.
The date of permit issuance for new construction and substantial
improvements to existing structures, provided that the 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 public notice placed on a building, structure, premises, dwelling unit, equipment and/or land pursuant to § 20-18.
A walled and roofed building, a manufactured home or a gas
or liquid storage tank that is principally above ground.
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. "Substantial damage" also means flood-related damages
sustained by a structure on two separate occasions during a ten-year
period for which the cost of repairs at the time of such flood event,
on the average, equals or exceeds 25% 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.
"Substantial improvement" also means cumulative substantial 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 Code Enforcement Officer 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.
The New York State Uniform Fire Prevention and Building Code,
as currently in effect and as hereafter amended.
A grant of relief from the requirements of this chapter which
permits construction or use in a manner that would otherwise be prohibited
by this chapter.
The Village of Brockport.
This chapter shall apply to all areas of special flood hazard
within the jurisdiction of the Village of Brockport.
A.Â
Every portion of a building or premises used or equipment shall comply
with the provisions of this chapter, irrespective of when such building
shall have been constructed, altered or repaired, except as hereinafter
provided.
B.Â
Application of New York State Uniform Fire Prevention and Building Code. This chapter shall apply to residential property, one- and two-family dwellings, multiple dwellings, tourist homes, apartment houses and/or any other type of residential property. In addition, it shall apply to any commercial occupancies, such as but not limited to stores and shops for retail purposes, bars and restaurants, private or public business uses, industrial manufacturing and processes, storage and warehousing. Hotels and motels serving transient guests and rest homes, convalescent homes and nursing homes whereby sleeping accommodations are provided, hospitals, religious facilities and private schools, day cares and municipal buildings, equipment therein and critical facilities as defined in § 20-4, as a part of or in respect to any alterations to buildings or changes of use therein which may be caused directly or indirectly by the enforcement of this chapter, shall be done in accordance with applicable sections of the New York State Uniform Fire Prevention and Building Code (the Uniform Code) and local law(s) of the Village of Brockport.
C.Â
Conflict with other ordinances. In any case where a provision of
this chapter is found to be in conflict with a provision of any zoning,
building, fire, safety or health ordinance or code(s) of this municipality,
the County of Monroe, the State of New York or federal regulation(s),
the provision which establishes the higher standard for the promotion
and the protection of the safety and health of the people shall prevail.
In any case where a provision of this chapter is found to be in conflict
with a provision of any other ordinance of the Code of the Village
of Brockport existing on the effective date of this chapter which
establishes a lower standard for the promotion and protection of the
safety and health of the people, the provisions of this chapter shall
prevail, and such other ordinances or codes and articles are hereby
declared to be repealed to the extent that they may be found in conflict
with this chapter.
D.Â
Partial invalidity. If any section of this chapter shall be held
unconstitutional, illegal, invalid, or otherwise unenforceable as
violative of county, state, federal or local laws, the remainder of
the chapter shall remain in full force and effect and be enforceable
as such.
E.Â
Nothing in this chapter shall be deemed to abolish or impair existing
remedies of the municipality or its officers or agencies relating
to the removal or demolition of any buildings which are deemed to
be dangerous, unsafe or unsanitary.
F.Â
Code Enforcement Officer. It shall be the duty and responsibility
of the Code Enforcement Officer to enforce the provisions of flood
damage prevention as herein provided. The Code Enforcement Officer
shall administer and enforce all the provisions of the Uniform Code
and this chapter. The Code Enforcement Officer shall have the following
powers and duties:
(1)Â
To receive, review and approve or disapprove applications for building
permits, certificates of occupancy/certificates of compliance, temporary
certificates of occupancy/certificates of compliance, floodplain development
permits and plans, specifications, construction documents and matters
required as submitted with all such applications.
(2)Â
Upon approval of such applications, to issue building permits, certificates
of occupancy/certificates of compliance, temporary certificates of
occupancy/certificates of compliance, and floodplain development permits,
and to include on building permits, certificates of occupancy/certificates
of compliance, temporary certificates of occupancy/certificates of
compliance, and floodplain development permits such terms and conditions
as the Code Enforcement Officer may determine to be appropriate.
(3)Â
To conduct inspections, including, without limitations, for construction,
housing, building(s), structures, verification of use, property maintenance,
any and all inspections to be made prior to the issuance of building
permits, certificates of occupancy/certificates of compliance, temporary
certificates of occupancy/certificates of compliance, floodplain development
permits and property maintenance inspections incidental to the investigation
of complaints, and all other inspections required or permitted under
any provisions of any local laws and/or other codes, rules and/or
regulations.
(4)Â
To issue stop-work orders.
(5)Â
To review and investigate complaints.
(7)Â
To maintain records.
(8)Â
To collect fee(s) as determined by resolution adopted by the Board
of Trustees of the Village of Brockport as contained in the Village
of Brockport Fee Schedule.
(9)Â
To pursue administrative enforcement actions and proceedings.
(10)Â
In consultation with the Village of Brockport Attorney, to pursue such legal actions and proceedings as may be necessary to enforce the Uniform Code, the Energy Code and local laws or article/articles listed further in Chapter 59, or to abate or correct conditions not in compliance with the Uniform Code, the Energy Code or this chapter.
(11)Â
To exercise all other powers and fulfill all other duties conferred
upon the Code Enforcement Officer by this chapter.
G.Â
The Code Enforcement Officer shall be employed by the Village of
Brockport. The Code Enforcement Officer shall possess background experience
related to building construction and fire prevention and shall, within
the time prescribed by law, obtain such basic training, in-service
training, advanced in-service training and other training as the State
of New York shall require for code enforcement personnel; and the
Code Enforcement Officer shall obtain certification from the State
Fire Administrator pursuant to the Executive Law and the regulations
promulgated thereunder.
H.Â
One or more inspectors may be employed by the Village of Brockport
to act under the supervision and direction of the Code Enforcement
Officer and to assist the Code Enforcement Officer in the exercise
of the powers and fulfillment of the duties conferred upon the Code
Enforcement Officer by this chapter. Each inspector shall, within
the time prescribed by law, obtain such basic training, in-service
training, advanced in-service training and other training as the State
of New York shall require for code enforcement personnel; and each
inspector shall obtain certification from the State Fire Administrator
pursuant to the Executive Law and the regulations promulgated thereunder.
A.Â
This chapter shall apply to all areas of special flood hazard within
the jurisdiction of the Village of Brockport, Monroe County, State
of New York. The areas of special flood hazard for the Village of
Brockport, Community Number 360411, are identified and defined on
the following documents prepared by the Federal Emergency Management
Agency:
(1)Â
Flood Insurance Rate Map Panel Numbers: 36055C0130G and 36055C0135G,
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)Â
A scientific and engineering report entitled "Flood Insurance Study,
Monroe County, New York, All Jurisdictions," dated August 28, 2008.
B.Â
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 the Village of Brockport Municipal Offices, 49 State Street, Brockport,
New York 14420.
A.Â
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.
B.Â
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.
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 areas of special
flood hazard 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 Village of Brockport, 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.
The Code Enforcement Officer/Building Inspector is hereby designated
the local administrator to administer and implement this chapter by
granting or denying development permit applications in accordance
with its provisions.
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 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 § 20-6, 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.
A.Â
The applicant shall provide the following information as appropriate.
Additional information may be required on the permit application form.
(1)Â
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 is 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)Â
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)Â
A certificate from a licensed professional engineer or architect that any utility floodproofing will meet the criteria in § 20-27, Utilities.
(4)Â
A certificate from a licensed professional engineer or architect that any nonresidential floodproofed structure will meet the floodproofing criteria in § 20-29, Nonresidential structures.
(5)Â
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 § 20-6, 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)Â
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)Â
In Zone A, when no base flood elevation data is 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.
B.Â
Fee. A fee specified in or determined in accordance with the provisions
set forth as required by this chapter shall be deposited with the
Village of Brockport: application fee(s) as determined by resolution
adopted by the Board of Trustees as contained in the Village of Brockport
Fee Schedule. Payment of fee(s) shall be at the time of issuance of
an application for a permit, for an amended permit, or for renewal
of a permit, or thereafter. Work shall not be commenced until and
unless a permit is issued.
Duties of the local administrator shall include but not be limited
to the following:
A.Â
Permit application review. Before issuing a floodplain development
permit, the local administrator shall:
(1)Â
Review all applications for completeness, particularly with the requirements of § 20-11, and for compliance with the provisions and standards of this chapter.
(2)Â
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 II, Construction Standards, and, in particular, § 20-23, Subdivision proposals.
(3)Â
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 II, 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.
(4)Â
Determine that all necessary permits have been received from those
governmental agencies from which approval is required by state or
federal law.
A.Â
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 § 20-11A(7), as criteria for requiring that new construction, substantial improvements or other proposed development meet the requirements of this chapter.
B.Â
The local administrator shall have the authority to make interpretations
when there appears to be a conflict between the limits of the federally
identified areas of special flood hazard and actual field conditions.
D.Â
When base flood elevation data is 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.
The local administrator shall:
A.Â
Provide notification to adjacent communities and the New York State
Department of Environmental Conservation prior to permitting any alteration
or relocation of a watercourse and submit evidence of such notification
to the Regional Director, Region II, Federal Emergency Management
Agency.
B.Â
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.Â
In Zones A1-A30, AE and AH, and also Zone A if base flood elevation
data is available, upon placement of the lowest floor or completion
of floodproofing of a new or substantially improved structure, the
local administrator shall 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.Â
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.
A.Â
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. The Code Enforcement
Officer shall make or cause to be made inspections in order to safeguard
the safety, health and welfare of the public under the provisions
of this chapter. The Code Enforcement Officer is authorized to enter
any dwelling, building, premises and lands at any reasonable time
for the purpose of performing his duties under this chapter. The owner,
operator, occupant, permit holder or the person in charge thereof
shall give the Code Enforcement Officer free access thereto and to
all parts thereof at reasonable times for the purpose of such inspection(s),
examination(s) and survey(s).
B.Â
The Code Enforcement Officer shall make or cause to be made inspections
to determine the conditions of dwellings, buildings, structures, multiple
dwellings, premises and lands in order to safeguard the safety, health
and welfare of the public under the provisions of this chapter. The
Code Enforcement Officer is authorized to enter any dwelling, building,
structure, multiple dwelling, premises and lands at any reasonable
time for the purpose of performing his duties under this chapter.
The owner, operator or occupant of every dwelling, building, structure,
multiple dwelling, premises and lands or the person in charge thereof
shall give the Code Enforcement Officer free access thereto and to
all parts thereof on which it is located at all reasonable times for
the purpose of such inspection, examination and survey.
C.Â
It shall be unlawful for any person to refuse entrance or impede
an inspector or officer authorized under this chapter in the performance
of his duties, and every such inspector or officer shall have the
right to enter, examine and survey all lands, structures, dwellings,
buildings and multiple dwellings, premises and every part thereof
at all reasonable times upon display of proper identification.
D.Â
Access by owner or operator. Every occupant of a premises, lands,
structures, dwellings, buildings and multiple dwellings shall give
the owner or operator thereof or his agent or employee access to any
part of such dwelling unit, rooming unit or its premises at reasonable
times for the purpose of making such inspections, maintenance, repairs
or alterations as are necessary to comply with the provisions of this
chapter.
E.Â
Application for search warrant. If in the opinion of the Code Enforcement
Officer he or she has been unreasonably and unlawfully refused entry
into the premises for purposes of inspection, he/she shall apply forthwith
for an administrative search warrant, said application to be brought
before a Village Justice of the Village of Brockport or other court
of competent jurisdiction. Upon the issuance of said warrant, the
Code Enforcement Officer shall conduct the inspection as per the conduct
and procedures provided for in this chapter.
[Amended 12-15-2014 by L.L. No. 4-2014]
F.Â
Coordination of enforcement. Inspection of premises and the issuing
of orders in connection therewith under the provisions of this chapter
shall be the exclusive responsibility of the Codes Office of the municipality.
Wherever, in the opinion of the codes official, it is necessary or
desirable to have inspections of any condition by any other departments,
he/she shall arrange for this to be done in such manner that the owners
or occupants of buildings shall not be subjected to visits by numerous
inspectors or to multiple or conflicting orders. No order for correction
of any violation under this chapter shall be issued without the approval
of the Code Enforcement Officer, and it shall be the responsibility
of the inspector, before issuing any such order, to determine that
he or she has the concurrence of any other department or official
of the government concerned with any matter involved in the case in
question.
G.Â
Administrative liability. Except as may otherwise be provided by
statute, local law or ordinance, no officer, agent or employee of
the municipality charged with the enforcement of this chapter shall
render himself personally liable for any damage that may occur to
persons or property as a result of any act required or permitted in
the discharge of his duties under this chapter. No person who institutes
or assists in the prosecution of a criminal proceeding under this
chapter shall be liable to damage hereunder unless he acted with actual
malice and without reasonable grounds for believing that the person
accused or prosecuted was guilty of an unlawful act or omission. Any
suit brought against any Mayor, Trustee(s) of the Village of Brockport,
officer, agent or employee of the municipality as a result of any
act required or permitted in the discharge of his duties under this
chapter shall be defended by the legal representative of the municipality
at no cost to the Mayor, Trustee(s) of the Village of Brockport, officer,
agent or employee of the municipality, until the final determination
of the proceedings therein.
A.Â
Construction work shall remain accessible and exposed until inspected
and accepted by the Code Enforcement Officer or by an inspector authorized
by the Code Enforcement Officer. The permit holder shall notify the
Code Enforcement Officer when any element of work is ready for inspection(s).
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.
B.Â
Construction inspection results. Either after inspection(s) or after
review of submitted certification document(s), the work or a portion
thereof or document(s) shall be noted as satisfactory as completed,
or the permit/applicant holder shall be notified as to where the work
fails to comply with the permit requirements. Work not in compliance
with any applicable provision of this chapter shall remain exposed
until such work shall have been brought into compliance with all applicable
provisions of the chapter, reinspected, and found satisfactory as
completed.
A.Â
Authority to issue. The local administrator (Code Enforcement Officer) is authorized to issue stop-work orders pursuant to this chapter. The local administrator (Code Enforcement Officer) 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 § 20-35F of this chapter.
(1)Â
Any work that is determined by the local administrator (Code Enforcement
Officer) to be contrary to any applicable provision of the Uniform
Code or this chapter, without regard to whether such work is or is
not work for which a permit or approvals are required and without
regard to whether a permit or approval has or has not been issued
for such work; or
(2)Â
Any work that is being conducted in a dangerous or unsafe manner,
in the opinion of the local administrator (Code Enforcement Officer),
without regard to whether such work is or is not work for which a
permit or approval is required and without regard to whether a permit
or approval has or has not been issued for such work; or
(3)Â
Any work for which a permit or approval is required which is being
performed without the required permit or approval or under a permit
or approval that has become invalid, has expired, or has been suspended
or revoked.
B.Â
Content of stop-work orders. Stop-work orders shall:
C.Â
Service of stop-work orders. The local administrator (Code Enforcement
Officer) shall cause the stop-work order, or a copy thereof, to be
served on the owner of the affected property (and, if the owner is
not the permit applicant holder, on the permit holder) personally
or by registered mail/certified mail. The Code Enforcement Officer
shall be permitted, but not required, to cause the stop-work order
or a copy thereof to be served on any builder, architect, tenant,
contractor, subcontractor, construction superintendent, or their agents,
or any other person taking part or assisting in work affected by the
stop-work order personally or by registered mail/certified mail; provided,
however, that failure to serve any person mentioned in this sentence
shall not affect the efficacy of the stop-work order.
D.Â
Effect of stop-work order. Upon the issuance of a stop-work order,
the owner of the affected property, the permit holder and any other
person performing, taking part in or assisting in the work shall immediately
cease all work which is the subject of the stop-work order.
E.Â
Remedy not exclusive. The issuance of a stop-work order shall not be the exclusive remedy available to address any event described in Subsection A of this section, and the authority to issue a stop-work order shall be in addition to, and not in substitution for or limitation of, the right and authority to pursue any other remedy or impose any other penalty under Article IV, § 20-35F, of this chapter or under any other applicable local law or state law. Any such other remedy or penalty may be pursued at any time, whether prior to, at the time of, or after the issuance of a stop-work order.
A.Â
The Code Enforcement Officer shall review and investigate complaints
which allege or assert the existence of conditions or activities that
fail to comply with the Uniform Code or this chapter or any ordinance
or regulation adopted for administration and enforcement of the Uniform
Code and this chapter. The process for responding to a complaint shall
include the following steps, as the Code Enforcement Officer, at his
discretion, may deem to be appropriate:
(1)Â
Performing an inspection of the conditions and/or activities alleged
to be in violation and documenting the results of such inspection;
(2)Â
If a violation is found to exist, providing the owner of the affected property and any other person(s) who may be responsible for the violation with notice of the violation and opportunity to abate, correct or cure the violation, or otherwise proceeding in the manner described in § 20-35 of the chapter;
(3)Â
If appropriate, issuing a stop-work order; and
(4)Â
If a violation which was found to exist is abated or corrected, performing
an inspection to ensure that the violation has been abated or corrected,
preparing a final written report reflecting such abatement or correction,
and filing such report.
A.Â
In areas of special flood hazard, as determined by documents enumerated in § 20-6, 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.Â
A certificate of compliance shall be issued by the local administrator
upon satisfactory completion of all development in areas of special
flood hazard.
C.Â
Issuance of the certificate shall be based upon the inspections conducted as prescribed in §§ 20-16 and 20-17, regarding inspections, and/or any certified elevations, hydraulic data, floodproofing, anchoring requirements or encroachment analyses which may have been required as a condition of the approved permit.
The local administrator shall retain and make available for
inspection copies of the following:
