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. 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. Require that uses vulnerable to floods, including facilities which
serve such uses, are protected against flood damage at the time of
initial construction.
C. Control the alteration of natural floodplains, stream channels and
natural protective barriers which are involved in the accommodation
of floodwaters.
D. Control filling, grading, dredging and other development, which may
increase erosion or flood damages.
E. Regulate the construction of flood barriers which will unnaturally
divert floodwaters or which may increase flood hazards to other lands.
F. Qualify for and maintain participation in the National Flood Insurance
Program.
The objectives of this chapter are:
A. To protect human life and health.
B. To minimize expenditure of public money for costly flood-control
projects.
C. To minimize the need for rescue and relief efforts associated with
flooding and generally undertaken at the expense of the general public.
D. To minimize prolonged business interruptions.
E. 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. 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. To provide that developers are notified that property is in an area
of special flood hazard.
H. 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:
APPEAL
A request for a review of the local administrator's
interpretation of any provision of this chapter or a request for a
variance.
AREA OF SHALLOW FLOODING
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.
AREA OF SPECIAL FLOOD HAZARD
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."
BASE FLOOD
The flood having a one-percent chance of being equaled or
exceeded in any given year.
BASEMENT
That portion of a building having its floor subgrade (below
ground level) on all sides.
BREAKAWAY WALL
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.
CELLAR
The same meaning as "basement."
CODE ENFORCEMENT OFFICER
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.
CODE ENFORCEMENT PERSONNEL
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.
CRAWL SPACE
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.
CRITICAL FACILITIES
A.
Structures or facilities that produce, use or store highly volatile,
flammable, explosive, toxic and/or water-reactive materials;
B.
Hospitals, nursing homes and housing likely to contain occupants
who may not be sufficiently mobile to avoid death or injury during
a flood;
C.
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
D.
Public and private utility facilities that are vital to maintaining
or restoring normal services to flooded areas before, during and after
a flood.
CUMULATIVE SUBSTANTIAL IMPROVEMENT
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.
DEVELOPMENT
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.
ELEVATED BUILDING
A.
A nonbasement building:
(1)
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
(2)
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.
B.
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.
C.
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.
FLOOD BOUNDARY AND FLOODWAY MAP (FBFM)
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.
FLOOD ELEVATION 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.
FLOOD HAZARD BOUNDARY MAP (FHBM)
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.
FLOOD INSURANCE RATE MAP (FIRM)
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.
FLOOD or FLOODING
A.
A general and temporary condition of partial or complete inundation
of normally dry land areas from:
(1)
The overflow of inland or tidal waters; or
(2)
The unusual and rapid accumulation or runoff of surface waters
from any source.
B.
"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.
FLOODPROOFING
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.
FLOODWAY
Has the same meaning as "regulatory floodway."
FLOOR
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.
FUNCTIONALLY DEPENDENT USE
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.
HIGHEST ADJACENT GRADE
The highest natural elevation of the ground surface, prior
to construction, next to the proposed walls of a structure.
HISTORIC STRUCTURE
Any structure that is:
A.
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;
B.
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;
C.
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
D.
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
(1)
By an approved state program as determined by the Secretary
of the Interior; or
(2)
Directly by the Secretary of the Interior in states without
approved programs.
LOCAL ADMINISTRATOR
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.
LOWEST FLOOR
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.
MANUFACTURED HOME
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.
MEAN SEA LEVEL
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.
MOBILE HOME
Has the same meaning as "manufactured home."
NEW CONSTRUCTION
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.
RECREATIONAL VEHICLE
A vehicle which is:
A.
Built on a single chassis;
B.
Four hundred square feet or less when measured at the largest
horizontal projections;
C.
Designed to be self-propelled or permanently towable by a light-duty
vehicle; and
D.
Not designed primarily for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel or seasonal
use.
REGULATORY FLOODWAY
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.
START OF CONSTRUCTION
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.
STOP-WORK ORDER
A public notice placed on a building, structure, premises, dwelling unit, equipment and/or land pursuant to §
20-18.
STRUCTURE
A walled and roofed building, a manufactured home or a gas
or liquid storage tank that is principally above ground.
SUBSTANTIAL DAMAGE
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.
SUBSTANTIAL IMPROVEMENT
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:
A.
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
B.
Any alteration of a historic structure, provided that the alteration
will not preclude the structure's continued designation as a
historic structure.
UNIFORM CODE
The New York State Uniform Fire Prevention and Building Code,
as currently in effect and as hereafter amended.
VARIANCE
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.
This chapter shall apply to all areas of special flood hazard
within the jurisdiction of the Village of Brockport.
A. 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. 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. 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. 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. 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. 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) 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) 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) 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) To issue stop-work orders.
(5) To review and investigate complaints.
(6) To issue orders pursuant to Article
IV, §
20-35, of this chapter.
(8) 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) To pursue administrative enforcement actions and proceedings.
(10) 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) To exercise all other powers and fulfill all other duties conferred
upon the Code Enforcement Officer by this chapter.
G. 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. 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.
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.
Duties of the local administrator shall include but not be limited
to the following:
A. Permit application review. Before issuing a floodplain development
permit, the local administrator shall:
(1) Review all applications for completeness, particularly with the requirements of §
20-11, and for compliance with the provisions and standards of this chapter.
(2) Review subdivision and other proposed new development, including manufactured home parks, to determine whether proposed building sites will be reasonably safe from flooding. If a proposed building site is located in an area of special flood hazard, all new construction and substantial improvements shall meet the applicable standards of Article
II, Construction Standards, and, in particular, §
20-23, Subdivision proposals.
(3) Determine whether any proposed development in an area of special flood hazard may result in physical damage to any other property (e.g., stream bank erosion and increased flood velocities). The local administrator may require the applicant to submit additional technical analyses and data necessary to complete the determination. If the proposed development may result in physical damage to any other property or fails to meet the requirements of Article
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) Determine that all necessary permits have been received from those
governmental agencies from which approval is required by state or
federal law.
The local administrator shall:
A. 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. 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.
The local administrator shall retain and make available for
inspection copies of the following:
A. Floodplain development applications, plans and specifications, permit
inspection(s), all statements and reports issued and certificates
of compliance.
B. Certifications of as-built lowest floor elevations of structures required pursuant to §
20-15A and
B, and whether or not the structures contain a basement.
C. Floodproofing certificates required pursuant to §
20-15, and whether or not the structures contain a basement.
D. Variances issued pursuant to §
20-32, regarding variance procedures.
E. Notices required under §
20-14, Alteration of watercourses.