A.
It is hereby found and declared that the unmanaged
use, alteration of topography, excessive filling, channel encroachment
or other acts affect the natural discharge of water through floodplains
and constitute a threat to the health, safety and welfare of the inhabitants
of the Town of Jerusalem and to the economic vitality of the community.
The purpose of the Floodway Zone is to protect the health, safety
and welfare of the inhabitants of the Town of Jerusalem from hazards
due to periodic flooding. This shall include the protection of persons
and property, the preservation of water quality and the minimizing
of expenditures for relief, insurance and flood control projects.
B.
Delineation of Floodway Zone (FW1). There is hereby
established a Floodway Zone (FW1) to accomplish the purposes of this
section. The boundaries of the Floodway Zone (FW1) are delineated
more specifically on the Zoning Map which is part of this chapter.[1] The delineation of the Floodway Zone (FW1) is based upon an area comprising the channel of a river or other watercourse and the adjacent land areas required to carry and discharge a flood of given magnitude. Less frequent floods up to and including one-hundred-year floods are covered in § 160-39, the Floodway Fringe Over Zone. This chapter does not imply that areas outside flood zone boundaries or land uses permitted within each district will be free from flooding or flood damages.
[1]
Editor's Note: The Zoning Map is on file in
the office of the Town Clerk and may be examined there during regular
business hours.
C.
The provisions of this chapter covering the Floodway
Zone shall take precedence over any other zoning Article, ordinance
or code to the extent that the provisions of this Floodway Zone are
inconsistent with such other provisions.
D.
Permitted uses. The following uses are permitted:
(1)
General farming, including, but not limited to, growing
and raising of trees, vines, shrubs, berries, vegetables, nursery
stock, hay, grains and similar food and fiber crops, pasture and grazing.
(2)
Animal husbandry, including the breeding and raising
of cattle, sheep, horses, goats, pigs and rabbits.
(3)
Sale of agricultural products grown, raised or produced
on the premises.
(4)
Open recreation uses, such as parks, playgrounds,
riding instruction and academies, golf courses, swimming clubs, driving
ranges and tennis clubs, but not including such intensive commercial
recreational uses as race tracks or amusement parks.
(5)
Wildlife, game and forest preserves.
(6)
Off-street parking areas.
(7)
Lawns, gardens and play areas.
(8)
Historic, scientific and scenic area preservation.
E.
Special uses. The following uses and their accessory uses are permitted when authorized in accordance with Article X, Special Use Permits, and after meeting special provisions:
(1)
Buildings associated with the permitted uses, except
for dwellings.
(2)
Community centers.
(3)
Kennels.
(4)
Dairies.
(5)
Circuses, carnivals and similar transient amusement
enterprises.
(6)
Railroads, streets, bridges, utility transmission lines and pipe lines other than nonregulated pipelines, as that term is defined at § 160-141 of this chapter.
[Amended 2-15-2012 by L.L. No. 1-2012]
(7)
Country clubs.
(8)
Open storage uses, such as parking areas, auto machinery
and material storage, except that items that are buoyant, flammable,
explosive or could be injurious to human, animal or plant life in
time of flooding are prohibited.
(9)
Excavation and removal of sand, gravel, stone, loam, dirt or other earth products provided, however, that in no event shall the foregoing provisions of this Subsection E(9) be construed to mean, be, include, or authorize any explicitly prohibited uses.
[Amended 2-15-2012 by L.L. No. 1-2012]
(10)
Groins, jetties or docks.
(11)
Drive-in theaters.
F.
Special provisions applying to the Floodway Zone (FW1).
(1)
No structure (temporary or permanent), fill for any
purpose, deposit, obstruction, storage of materials or equipment or
other uses shall be permitted which, acting alone or in combination
with existing or future uses, will unduly affect the efficiency of
the capacity of the floodway or unduly increase flood heights, cause
increased velocities or obstruct or otherwise catch or collect debris
which will obstruct flow under flood conditions.
(2)
Structures shall not be used for human habitation,
shall have low flood damage potential, shall be constructed and placed
on the building site so as to offer the minimum obstruction to the
flow of floodwater (i.e., longitudinal axis parallel to the direction
of flood flow and placement approximately on the same flood flow lines
as those of adjoining structures) and shall be firmly anchored to
prevent flotation which may result in damage to other structures,
restrictions of bridge openings and other narrowing of the stream
or river. Service facilities, such as electrical and heating equipment,
shall be constructed at or above the flood protection elevation for
the particular area or shall be floodproofed.
(3)
The Zoning Board of Appeals shall require that the
applicant submit a plan certified by a registered professional engineer
that the floodproofing measures are consistent with the flood protection
elevation and associated flood factors for the particular area. Floodproofing
measures may be required for building and structures other than those
which have low flood damage potential. Such measures may include the
following where appropriate:
(a)
Anchoring to resist flotation and lateral movement.
(b)
Reinforcement of walls to resist water pressures.
(c)
Installation of watertight doors, bulkheads
and shutters.
(d)
Use of paints, membranes or mortars to reduce
seepage of water through walls.
(e)
Addition of mass or weight to resist flotation.
(f)
Installation of pumps to lower water levels
in structures.
(g)
Construction of water supply and waste treatment
systems so as to prevent the entrance of floodwaters.
(h)
Pumping facilities to relieve hydrostatic water
pressure on external walls and basement floors.
(i)
Elimination of gravity flow drains.
(j)
Construction to resist rupture or collapse caused
by water pressure or floating debris.
(k)
Elevation of structures to or above the necessary
flood protection elevation.
A.
The purpose of the Floodway Fringe Over Zone (FFO)
is to protect the health, safety and welfare of the inhabitants of
the Town of Jerusalem from hazards due to periodic but infrequent
flooding. This shall include the protection of persons and property,
the preservation of water quality and the minimizing of expenditures
for relief, insurance and flood control projects.
B.
Delineation of Floodway Fringe Over Zone (FFO). There
is hereby established a Floodway Fringe Over Zone (FFO) to accomplish
the purposes of this section. The boundaries of the Floodway Fringe
Over Zone (FFO) are delineated more specifically on the Zoning Map
which is part of this chapter.[1] The Floodway Fringe Over Zone provides additional or overlay regulations to existing areas already zoned and/or developed and not covered in the Floodway Zone (FW1), § 160-38, and subject to inundation by the one-hundred-year flood.
[1]
Editor's Note: The Zoning Map is on file in
the office of the Town Clerk and may be examined there during regular
business hours.
C.
Larger floods may occur on rare occasions or the flood
heights may be increased by man-made or natural causes, such as ice
jams and bridge openings restricted by debris. This chapter does not
imply that areas outside district boundaries or land uses permitted
within such district will be free from flooding or flood damages.
D.
The provisions of this zone shall take precedence
over any other zoning Article, ordinance and code to the extent that
the provisions of this chapter covering the Floodway Fringe Over Zone
are inconsistent with such other provisions.
E.
Special provisions applying to the Floodway Fringe
Over Zone (FFO). Any use permitted within the Town of Jerusalem by
this chapter shall, if located within the FFO Zone, meet the following
requirements in addition to those otherwise applicable to it under
this chapter:
[Amended 1-16-2019 by L.L. No. 1-2019]
(1)
New or replacement water supply systems shall be so
designed as to minimize or eliminate infiltration of floodwaters into
the systems and discharges from the systems into floodwaters.
(2)
On-site waste disposal systems shall be located so
as to avoid impairment or contamination from the systems during flooding.
