[HISTORY: Adopted by the Board of Trustees
of the Village of Hastings-on-Hudson 9-11-2007 by L.L. No. 4-2007.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 101.
Stormwater management — See Ch. 250.
Zoning — See Ch. 295.
[1]
Editor's Note: This local law also repealed
former Ch. 146, Flood Damage Prevention, adopted 3-31-1987 by L.L.
No. 1-1987, as amended.
The Village of Hastings-on-Hudson finds that
the potential and/or actual damages from flooding and erosion may
be a problem to the residents of the Village of Hastings-on-Hudson
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.
The purpose of this chapter is 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 that are dangerous to health, safety,
and property due to water or erosion hazards or that result in damaging
increases in erosion or in flood heights or velocities.
B.
Require that uses vulnerable to floods, including
facilities that serve such uses, be protected against flood damage
at the time of initial construction.
C.
Control the alteration of natural floodplains, stream
channels, and natural protective barriers that are involved in the
accommodation of floodwaters.
D.
Control filling, grading, dredging, and other development
that may increase erosion or flood damages.
E.
Regulate the construction of flood barriers that will
unnaturally divert floodwaters or that 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 to:
A.
Protect human life and health.
B.
Minimize expenditure of public money for costly flood-control
projects.
C.
Minimize the need for rescue and relief efforts associated
with flooding and generally undertaken at the expense of the general
public.
D.
Minimize prolonged business interruptions.
E.
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.
F.
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.
Provide that developers are notified that property
is in an area of special flood hazard.
H.
Ensure that those who occupy the areas of special
flood hazard assume responsibility for their actions.
A.
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.
B.
APPEAL
AREA OF SHALLOW FLOODING
AREA OF SPECIAL FLOOD HAZARD
BASE FLOOD
BASEMENT
BUILDING
BUILDING INSPECTOR
CELLAR
CRAWL SPACE
DEVELOPMENT
ELEVATED BUILDING
FEDERAL EMERGENCY MANAGEMENT AGENCY
FLOOD BOUNDARY AND FLOODWAY MAP (FBFM)
FLOOD ELEVATION STUDY
FLOOD HAZARD BOUNDARY MAP (FHBM)
FLOOD INSURANCE RATE MAP (FIRM)
FLOOD INSURANCE STUDY
FLOOD or FLOODING
(1)
(2)
FLOODPLAIN or FLOOD-PRONE AREA
FLOODPROOFING
FLOODWAY
FUNCTIONALLY DEPENDENT USE
HIGHEST ADJACENT GRADE
HISTORIC STRUCTURE
(1)
(2)
(3)
(4)
LOCAL ADMINISTRATOR
LOWEST FLOOR
MEAN SEA LEVEL
NEW CONSTRUCTION
ONE HUNDRED YEAR FLOOD or 100-YEAR FLOOD
PRINCIPALLY ABOVE GROUND
RECREATIONAL VEHICLE
(1)
(2)
(3)
(4)
REGULATORY FLOODWAY
START OF CONSTRUCTION
STRUCTURE
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
(1)
(2)
VILLAGE
WAIVER
ZONING BOARD OF APPEALS
As used in this chapter, the following terms shall
have the meanings indicated:
A request for a review of the local administrator's interpretation
of any provision of this chapter or a request for a waiver.
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 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 "l00-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."
The Building Inspector of the Village of Hastings-on-Hudson.
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 that would be experienced during periods of
flooding.
Any human-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 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 water
courses 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.
The same meaning as "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
B(1)(a) 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 that reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
The same meaning as "regulatory floodway."
A use that 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 Hastings-on-Hudson Building Inspector.
The lowest floor of the lowest enclosed area (including basement
or cellar). An unfinished or flood-resistant enclosure, usable solely
for 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.
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.
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.
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 that 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 § 146-11B 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 on a site, such as the pouring of a slab
or footings, installation of pilings, or construction of columns.
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. 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.
A walled and roofed building, including a gas or liquid storage
tank, that 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 that 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 that have been identified by the local
code enforcement official and that are the minimum necessary to assure
safe living conditions; or
Any alteration of an historic structure, provided
that the alteration will not preclude the structure's continued designation
as an historic structure.
Village of Hastings-on-Hudson.
A grant of relief from the requirements of this chapter that
permits construction or use in a manner that would otherwise be prohibited
by this chapter.
The Zoning Board of Appeals of the Village of Hastings-on-Hudson.
This chapter shall apply to all areas of special
flood hazard within the jurisdiction of the Village of Hastings-on-Hudson.
A.
The areas of special flood hazard for the Village
of Hastings-on-Hudson, Community Number 360913, are identified and
defined on the following documents prepared by the Federal Emergency
Management Agency:
(1)
Flood Insurance Rate Map Panel Numbers 36119C0244F,
36119C0263F, 36119C0307F, 36119C0326F the effective date of which
is September 28, 2007, and any subsequent revisions to these map panels
that do not affect areas under the Village's jurisdiction.
(2)
A scientific and engineering report entitled "Flood
Insurance Study, Westchester County, New York, All Jurisdictions"
dated September 28, 2007.
B.
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: Village of Hastings-on-Hudson Building Department,
7 Maple Avenue, Hastings-on-Hudson, New York 10706.
A.
This chapter includes all revisions to the National
Flood Insurance Program through March 20, 1997, and shall supersede
all previous laws adopted for the purpose of flood damage prevention.
B.
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, ordinances, or local
laws, 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 human-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 Village of Hastings-on-Hudson,
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 under it.
The Village Building Inspector is hereby appointed
local administrator to administer and implement this chapter by granting
or denying floodplain development permits in accordance with its provisions.
A.
Requirement of permit. A floodplain development permit is hereby required for all construction and other development to be undertaken in areas of special flood hazard in the Village 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 § 146-6, 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.
B.
Application for permit. The applicant shall provide
the following information where applicable.
(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 Zones 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 § 146-12C(3).
(4)
A certificate from a licensed professional engineer or architect that any nonresidential floodproofed structure will meet the floodproofing criteria in § 146-12E.
(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 § 146-6, 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)
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 that are greater than either 50 lots or five acres.
C.
Fees. All applications for floodplain development permits shall be accompanied by an application fee to be determined by the Village Board of Trustees by resolution and set in the fee schedule. In addition, the applicant shall be responsible for reimbursing the Village, in accordance with the provisions of Chapter 223, Professional Fees, of the Village of Hastings-on-Hudson Code for any additional costs necessary for the review, inspection, and approval of the project.
Duties of the local administrator shall include,
but not be limited to, the following:
A.
Permit application reviews. The local administrator
shall:
(1)
Review all applications for completeness, particularly with the requirements of § 146-10, and for compliance with the provisions and standards of this chapter.
(2)
Review subdivision and other proposed new development 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 § 146-12.
(3)
Determine whether any proposed development in an area of special flood hazard may result in physical damage to any other property (e.g., streambank 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 § 146-12, 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
New York State or federal law.
B.
Use of other flood data.
(1)
When the Federal Emergency Management Agency has designated areas of special flood hazard on the Village'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, New York State, or other source, including data developed pursuant to § 146-10B(7), as criteria for requiring that new construction, substantial improvements, or other proposed development meet the requirements of this chapter.
(2)
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.
C.
Alteration of watercourses. With respect to the alteration
of any watercourse, the local administrator shall:
(1)
Notify 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.
(2)
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.
D.
Construction stage.
(1)
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, 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. 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).
(2)
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.
E.
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 waiver provisions.
F.
Stop-work orders.
(1)
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 § 146-14 of this chapter.
(2)
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 § 146-14 of this chapter.
G.
Certificate of compliance.
(1)
The local administrator shall issue a certificate of compliance upon satisfactory completion of all development in areas of special flood hazard in conformance with the requirements of this chapter. Issuance of the certificate shall be based upon the inspections conducted, as prescribed in § 146-11E, and/or any certified elevations, hydraulic data, floodproofing, anchoring requirements, or encroachment analyses that may have been required as a condition of the approved permit.
(2)
In areas of special flood hazard, as determined by documents enumerated in § 146-6, 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.
H.
Information to be retained. The local administrator
shall retain and make available for inspection copies of the following:
(1)
Floodplain development permits and certificates of
compliance.
(2)
Certifications of as-built lowest floor elevations of structures, required pursuant to § 146-11D(1) and (2), and whether or not the structures contain a basement.
(3)
Floodproofing certificates, required pursuant to § 146-11D(1), and whether or not the structures contain a basement.
A.
General standards. The following standards apply to all new subdivision proposals and other development, including new and substantially improved structures, in the areas of special flood hazard shown on the Flood Insurance Rate Map designated in § 146-6.
(1)
Proposals shall be consistent with the need to minimize
flood damage.
(2)
Public utilities and facilities, such as sewer, gas,
electrical, and water systems, shall be located and constructed so
as to minimize flood damage.
(3)
Adequate drainage shall be provided to reduce exposure
to flood damage.
B.
Encroachments.
(1)
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:
(a)
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
(b)
The Village of Hastings-on-Hudson 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 Village
for all fees and other costs in relation to the application. The applicant
must also provide all data, analyses, and mapping and reimburse the
Village for all costs related to the final map revision.
(2)
On streams with a regulatory floodway, as shown on the Flood Boundary and Floodway Map or the Flood Insurance Rate Map adopted in § 146-6, no new construction, substantial improvements, or other development in the floodway (including fill) shall be permitted unless:
(a)
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
(b)
The Village of Hastings-on-Hudson 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
Village for all fees and other costs in relation to the application.
The applicant must also provide all data, analyses and mapping and
reimburse the Village for all costs related to the final map revisions.
C.
Standards for all structures. In all areas of special
flood hazard, the following standards are required:
(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 New York 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 Zones 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 that are subject to flooding,
designed to automatically equalize hydrostatic flood forces on exterior
walls by allowing for the entry and exit of floodwaters.
[1]
Designs for meeting this requirement must be
either certified by a licensed professional engineer or architect
or meet or exceed the following minimum criteria:
[2]
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.
(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. 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.
(d)
On-site waste disposal systems shall be located
to avoid impairment to them or contamination from them during flooding.
D.
Additional standards for residential structures. In addition to the standards required in Subsections A, B, and C above, the following standards shall apply to new and substantially improved residential structures located in areas of special flood hazard:
(1)
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 level.
(2)
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.
(3)
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 § 146-6 (at least two feet if no depth number is specified).
(4)
Within Zones AH and AO, adequate drainage paths are
required to guide floodwaters around and away from proposed structures
on slopes.
E.
Additional standards for nonresidential structures. In addition to the standards required in Subsections A, B, and C above, the following standards shall apply to new and substantially improved commercial, industrial, and other nonresidential structures located in areas of special flood hazard:
(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 level 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 § 146-12E(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 § 146-12E(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.
A.
Procedure.
(1)
The Zoning Board of Appeals of the Village of Hastings-on-Hudson
is hereby authorized to hear and decide appeals and requests for waivers
from the requirements of this chapter.
(2)
The Zoning Board of Appeals shall hear and decide
appeals when it is alleged that there is an error in any requirement,
decision, or determination made by the local administrator in the
enforcement or administration of this chapter.
(3)
In passing upon such applications, the Zoning Board
of Appeals 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 that 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.
(4)
Waivers shall be issued only upon receiving written
justification of:
(a)
A showing of good and sufficient cause;
(b)
A determination that failure to grant the waiver
would result in exceptional hardship to the applicant; and
(c)
A determination that the granting of a waiver
will not result in increased flood heights, pose additional threats
to public safety, engender extraordinary public expense, create nuisances,
cause fraud on or victimization of the public, or conflict with existing
local laws or ordinances.
(5)
Waivers shall not be issued within any designated
floodway if any increase in flood levels during the base flood discharge
would result.
(6)
Waivers shall be issued only upon a determination
that the waiver is the minimum necessary, considering the flood hazard,
to afford relief.
(7)
Upon consideration of the factors of Subsection A(3) above and the purposes of this chapter, the Zoning Board of Appeals may attach such conditions to the granting of waivers as it deems necessary to further the purposes of this chapter.
(8)
Any applicant to whom a waiver 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: the issuance of a waiver 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 such construction below the base flood level increases risks to life and property. Such notification shall be maintained with the record of all waiver actions as required in § 146-11H of this chapter.
(9)
The local administrator shall maintain the records
of all appeal actions, including technical information, and report
any waivers to the Federal Emergency Management Agency upon request.
(10)
Those aggrieved by the decision of the Zoning
Board of Appeals may appeal such decision to the Supreme Court pursuant
to Article 78 of the Civil Practice Law and Rules.
B.
Conditions for waivers.
(1)
Generally, waivers 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 items in § 146-13A(3)(a) through (l) have been fully considered. As the lot size increases beyond the 1/2 acre, the technical justification required for issuing the waiver increases.
(2)
Waivers may be issued for the repair or rehabilitation
of historic structures upon determination that:
(3)
Waivers 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:
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 Village 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 waiver under § 146-13 will be declared noncompliant and notification sent to the Federal Emergency Management Agency.
The invalidity of any section or provision of
this chapter shall not invalidate any other section or provision thereof.
