[HISTORY: Adopted by the Town Board of the Town of Brownville 8-5-1994
as L.L. No. 3-1994. Amendments noted where applicable.]
The Town Board of the Town of Brownville finds that the potential and/or
actual damages from flooding and erosion may be a problem to the residents
of the Town of Brownville 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, be 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 and maintain for 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
BREAKAWAY WALL
BUILDING
CELLAR
COASTAL HIGH-HAZARD AREA
DEVELOPMENT
ELEVATED BUILDING
(1)
(a)
(b)
(2)
(3)
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
FEDERAL EMERGENCY MANAGEMENT AGENCY
FLOOD BOUNDARY AND FLOODWAY MAP (FBFM)
FLOOD ELEVATION STUDY
FLOOD OR FLOODING
(1)
(2)
FLOOD HAZARD BOUNDARY MAP (FHBM)
FLOOD INSURANCE RATE MAP (FIRM)
FLOOD INSURANCE STUDY
FLOODPLAIN OR FLOOD-PRONE AREA
FLOODPROOFING
FLOODWAY
FUNCTIONALLY DEPENDENT USE
HIGHEST ADJACENT GRADE
HISTORIC STRUCTURE
(1)
(2)
(3)
(4)
LOCAL ADMINISTRATOR
LOWEST FLOOR
MANUFACTURED HOME
MANUFACTURED HOME PARK OR SUBDIVISION
MEAN SEA LEVEL
MOBILE HOME
NATIONAL GEODETIC VERTICAL DATUM (NGVD)
NEW CONSTRUCTION
NEW MANUFACTURED HOME PARK OR SUBDIVISION
ONE-HUNDRED-YEAR FLOOD
PRIMARY FRONTAL DUNE
PRINCIPALLY ABOVE GROUND
RECREATIONAL VEHICLE
(1)
(2)
(3)
(4)
REGULATORY FLOODWAY
SAND DUNES
START OF CONSTRUCTION
STRUCTURE
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
(1)
(2)
VARIANCE
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 variance.
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 (1) to three (3) 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 through A30, A99, V, VO, VE or V1 through V30. It is also
commonly referred to as the "base floodplain" or "one-hundred-year floodplain."
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 area of special flood hazard extending from offshore to the inland
limit of a primary frontal dune along an open coast and any other area subject
to high-velocity wave action from storms or seismic sources. The area is designated
on a FIRM as Zone V1 through V30, VE, VO or V.
Any man-made change to improved or unimproved real estate, including,
but not limited to, buildings or other structures, mining, dredging, filling,
paving, excavation or drilling operations or storage of equipment or materials.
A nonbasement building:
Built, in the case of a building in Zones A1 through 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 through V30, 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 through 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 through 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.
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes are to
be affixed (including, at a minimum, the installation of utilities, the construction
of streets and either final site grading or the pouring of concrete pads)
is complete before the effective date of the floodplain management regulations
adopted by the community.
The preparation of additional sites by the construction of facilities
for servicing the lots on which the manufactured homes are to be affixed (including
the installation of utilities, the construction of streets and either final
site grading or the pouring of concrete pads).
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.
"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.
An official map of a community, issued by the Federal Emergency Management
Agency, where the boundaries of the areas of special flood hazard have been
designated as Zone A but no flood elevations are provided.
An official map of a community on which the Federal Emergency Management
Agency has delineated both the areas of special flood hazard and the risk
premium zones applicable to the community.
See "flood elevation study."
Any land area susceptible to being inundated by water from any source
(see definition of "flooding").
Any combination of structural and nonstructural additions, changes
or adjustments to structures which reduce or eliminate flood damage to real
estate or improved real property, water and sanitary facilities, structures
and their contents.
The same meaning as "regulatory floodway."
A use which cannot perform its intended purpose unless it is located
or carried out in close proximity to water, such as a docking or port facility
necessary for the loading and unloading of cargo or passengers, shipbuilding
and ship repair facilities. The term does not include long-term storage, manufacturing,
sales or service facilities.
The highest natural elevation of the ground surface, prior to construction,
next to the proposed walls of a structure.
Any structure that is:
Listed individually in the National Register of Historic Places (a listing
maintained by the Department of the Interior) or preliminarily determined
by the Secretary of the Interior as meeting the requirements for individual
listing on the National Register;
Certified or preliminarily determined by the Secretary of the Interior
as contributing to the historical significance of a registered historic district
or a district preliminarily determined by the Secretary to qualify as a registered
historic district;
Individually listed on a State Inventory of Historic Places in states
with historic preservation programs which have been approved by the Secretary
of the Interior; or
Individually listed on a local inventory of historic places in communities
with historic preservation programs that have been certified either by an
approved state program as determined by the Secretary of the Interior or directly
by the Secretary of the Interior in states without approved programs.
The person appointed by the community to administer and implement
this chapter by granting or denying development permits in accordance with
its provisions. This person is often the Code Enforcement Officer, Building
Inspector or employee of an engineering department.
Lowest floor of the lowest enclosed area (including basement or cellar).
An unfinished or flood resistant enclosure, usable solely for parking of vehicles,
building access or storage, in an area other than a basement area is not considered
a building's lowest floor, provided that such enclosure is not built
so as to render the structure in violation of the applicable nonelevation
design requirements of this chapter.
A structure, transportable in one (1) 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 (2) 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 or other datum, to which base flood
elevations shown on a community's Flood Insurance Rate Map are referenced.
The same meaning as "manufactured home."
As corrected in 1929, is a vertical control used as a reference for
establishing varying elevations within the flood plain.
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.
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes are to
be affixed (including, at a minimum, the installation of utilities, the construction
of streets and either final site grading or the pouring of concrete pads)
is completed on or after the effective date of floodplain management regulations
adopted by a community.
The same meaning as "base flood."
A continuous or nearly continuous mound or ridge of sand, with relatively
steep seaward and landward slopes, immediately landward and adjacent to the
beach and subject to erosion and overtopping from high tides and waves during
major coastal storms. The inland limit of the "primary frontal dune" occurs
at the point where there is a distinct change from a relatively steep slope
to a relatively mild slope.
At least fifty-one percent (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 (400) square feet or less when measured at the largest
horizontal projections.
Designed to be self-propelled or permanently towable by a light-duty
truck.
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 § 85-13B of this chapter.
Naturally occurring accumulations of sand in ridges or mounds landward
of the beach.
Includes substantial improvement and means the initiation, excluding
planning and design, of any phase of a project and/or physical alteration
of the property and shall include land preparation, such as clearing, grading,
and filling; installation of streets and/or walkways; excavation for a basement,
footings, piers or foundations or the erection of temporary forms. It also
includes the placement and/or installation on the property of accessory buildings
(garages and sheds), storage trailers and building materials. For manufactured
homes, the "actual start" means affixing of the manufactured home to its permanent
site.
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
fifty percent (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 fifty percent (50%) of
the market value of the structure before the start of construction of the
improvement. The term includes structures which have incurred substantial
damage, regardless of the actual repair work performed. The term does not,
however, include either:
Any project for improvement of a structure to correct existing violations
of state or local health, sanitary or safety code specifications which have
been identified by the local code enforcement official and which are the minimum
necessary to assure safe living conditions; or
Any alteration of an historic structure, provided that the alteration
will not preclude the structure's continued designation as an historic
structure.
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 Town of Brownville, Jefferson County, New York.
The areas of special flood hazard are identified and defined on the
following document prepared by the Federal Emergency Management Agency: the
Flood Insurance Rate Map (multiple panels) Index No. 361063C 01-10, whose
effective date is June 2, 1992. The above document is hereby adopted and declared
to be a part of this chapter. The Flood Insurance Study and/or maps are on
file at the Town Clerk's Office, Limerick, New York.
A.
This chapter includes all revisions to the National Flood
Insurance Program through November 1, 1989, 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 or ordinances, the most restrictive, or that imposing
the higher standards, shall govern.
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 two hundred fifty dollars ($250.) or imprisoned for not more than fifteen (15) days, or both. Each day of noncompliance shall be considered a separate offense. Nothing herein contained shall prevent the Town of Brownville 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 variance under §§ 85-21 and 85-22 will be declared noncompliant and notification sent to the Federal Emergency Management Agency.
The degree of flood protection required by this chapter is considered
reasonable for regulatory purposes and is based on scientific and engineering
considerations. Larger floods can and will occur on rare occasions. Flood
heights may be increased by man-made or natural causes. This chapter does
not imply that land outside the area of special flood hazards or uses permitted
within such areas will be free from flooding or flood damages. This chapter
shall not create liability on the part of the Town of Brownville, any officer
or employee thereof nor 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 is hereby appointed the local administrator
to administer and implement this chapter by granting or denying floodplain
development permits in accordance with its provisions.
A.
Purpose. A floodplain development permit is hereby established for all construction and other development to be undertaken in areas of special flood hazard in this community for the purpose of protecting its citizens from increased flood hazards and 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 § 85-6, 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.
Fees. All applications for a floodplain development permit
shall be accompanied by an application fee of fifty dollars ($50.). In addition,
the applicant shall be responsible for reimbursing the Town of Brownville
for any additional costs necessary for review, inspection and approval of
this project. The local administrator may require a deposit of no more than
five hundred dollars ($500.) to cover these additional costs.
The applicant shall provide at least the following information, where
applicable. Additional information may be required on the permit application
form.
A.
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 through 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.
B.
The proposed elevation, in relation to mean sea level,
of the bottom of the lowest structural member of the lowest floor (excluding
pilings and columns) of any new or substantially improved structure to be
located in Zones V1 through V30 or VE, or Zone V 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.
C.
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.
D.
A certificate from a licensed professional engineer or architect that any utility floodproofing will meet the criteria in § 85-15C, Utilities.
E.
A certificate from a licensed professional engineer or architect that any nonresidential floodproofed structure will meet the floodproofing criteria in § 85-18, Nonresidential structures (except coastal high-hazard areas).
F.
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 § 85-6, 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.
G.
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.
H.
In Zone A, when no base flood elevation data are available
from other sources, base flood elevation data shall be provided by the permit
applicant for subdivision proposals and other proposed developments (including
proposals for manufactured home and recreational vehicle parks and subdivisions)
that are greater than either fifty (50) lots or five (5) acres.
I.
In Zones V1 through V30 and VE, and also Zone V if base
flood elevation data are available, designs and specifications, certified
by a licensed professional engineer or architect, for any breakaway walls
in a proposed structure with design strengths in excess of twenty (20) pounds
per square foot.
J.
In Zones V1 through V30 and VE, and also Zone V if base
flood elevation data are available, for all new and substantial improvements
to structures, floodplain development permit applications shall be accompanied
by design plans and specifications, prepared in sufficient detail to enable
independent review of the foundation support and connection components. Said
plans and specifications shall be developed or reviewed by a licensed professional
engineer or architect and shall be accompanied by a statement, bearing the
signature of the architect or engineer, certifying that the design and methods
of construction to be used are in accordance with accepted standards of practice
and with all applicable provisions of this chapter.
Duties of the local administrator shall include, but not be limited
to, the following:
A.
Permit application review. The local administrator shall
conduct the following permit application review before issuing a floodplain
development permit. The local administrator shall:
(1)
Review all applications for completeness, particularly with the requirements of § 85-12, Permit application, 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 §§ 85-14 through 85-20, and in particular, § 85-14B, 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 §§ 85-14 through 85-20, 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.
B.
Use of other flood data.
(1)
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 § 85-12H, 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. 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 shall 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. The local administrator shall:
(1)
In Zones A1 through A30, AE and AH, and also Zone A if
base flood elevation data are available, upon placement of the lowest floor
or completion of floodproofing of a new or substantially improved structure,
obtain from the permit holder a certification of the as-built elevation of
the lowest floor or floodproofed elevation, in relation to mean sea level.
The certificate shall be prepared by or under the direct supervision of a
licensed land surveyor or professional engineer and certified by same. For
manufactured homes, the permit holder shall submit the certificate of elevation
upon placement of the structure on the site. A certificate of elevation must
also be submitted for a recreational vehicle if it remains on a site for one
hundred eighty (180) consecutive days or longer (unless it is fully licensed
and ready for highway use).
(2)
In Zones V1 through V30 and VE, and also Zone V if base
flood elevation data are available, upon placement of the lowest floor of
a new or substantially improved structure, the permit holder shall submit
to the local administrator a certificate of elevation, in relation to mean
sea level, of the bottom of the lowest structural member of the lowest floor
(excluding pilings and columns). For manufactured homes, the permit holder
shall submit the certificate of elevation upon placement of the structure
on the site. An elevation certificate must also be submitted for a recreational
vehicle if it remains on a site one hundred eighty (180) consecutive days
or longer (unless it is fully licensed and ready for highway use).
(3)
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 variance 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 § 85-8 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 § 85-8 of this chapter.
G.
Certificate of compliance.
(1)
In areas of special flood hazard, as determined by documents enumerated in § 85-6, 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.
(2)
A certificate of compliance shall be issued by the local
administrator upon satisfactory completion of all development in areas of
special flood hazard.
(3)
Issuance of the certificate shall be based upon the inspections conducted as prescribed in Subsection E, 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.
H.
Information to be retained. The local administrator shall
retain and make available for inspection copies of the following:
The following standards apply to new development, including new and substantially improved structures, in the areas of special flood hazard shown on the Flood Insurance Rate Map designated in § 85-6:
A.
Coastal high-hazard areas. The following requirements
apply within Zones V1 through V30, VE and V:
(1)
All new construction, including manufactured homes and
recreational vehicles on a site one hundred eighty (180) days or longer and
not fully licensed for highway use, shall be located landward of the reach
of high tide.
(2)
The use of fill for structural support of buildings,
manufactured homes or recreational vehicles on a site one hundred eighty (180)
days or longer is prohibited.
(3)
The man-made alteration of sand dunes which would increase
potential flood damage it prohibited.
B.
Subdivision proposals. The following standards apply
to all new subdivision proposals and other proposed development in areas of
special flood hazard (including proposals for manufactured home and recreational
vehicle parks and subdivisions):
C.
Encroachments.
(1)
Within Zones A1 through 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 (1) foot at any location; or
(b)
The Town of Brownville 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 Town of Brownville for all fees and other costs in relation
to the application. The applicant must also provide all data, analyses and
mapping and reimburse the Town of Brownville 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 § 85-6, 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 Town of Brownville 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 Town of Brownville for all fees and other costs
in relation to the application. The applicant must also provide all data,
analyses and mapping and reimburse the Town of Brownville for all costs related
to the final map revisions.
A.
Anchoring.
(1)
New structures and substantial improvements to structures
in areas of special flood hazard shall be anchored to prevent flotation, collapse
or lateral movement during the base flood. This requirement is in addition
to applicable state and local anchoring requirements for resisting wind forces.
B.
Construction materials and methods.
(1)
New construction and substantial improvements to structures
shall be constructed with materials and utility equipment resistant to flood
damage.
(2)
New construction and substantial improvements to structures
shall be constructed using methods and practices that minimize flood damage.
(3)
Enclosed areas.
(a)
For enclosed areas below the lowest floor of a structure
within Zones A1 through A30, AE or AH, and also Zone A if base flood elevation
data are available, new and substantially improved structures shall have fully
enclosed areas below the lowest floor that are usable solely for parking of
vehicles, building access or storage in an area other than a basement and
which are subject to flooding designed to automatically equalize hydrostatic
flood forces on exterior walls by allowing for the entry and exit of floodwaters.
Designs for meeting this requirement must either be certified by a licensed
professional engineer or architect or meet or exceed the following minimum
criteria:
(b)
Openings may be equipped with louvers, valves, screens
or other coverings or devices, provided that they permit the automatic entry
and exit of floodwaters.
(4)
Within Zones V1 through V30 and VE, and also within Zone
V if base flood elevation data are available, new construction and substantial
improvements shall have the space below the lowest floor either free from
obstruction or constructed with nonsupporting breakaway walls, open wood lattice
work or insect screening intended to collapse under wind and water loads,
without causing collapse, displacement or other structural damage to the elevated
portion of the building or supporting foundation system. The enclosed space
below the lowest floor shall be used only for parking of vehicles, building
access or storage. Use of this space for human habitation is expressly prohibited.
The construction of stairs, stairwells and elevator shafts are subject to
the design requirements for breakaway walls.
C.
Utilities.
(1)
Machinery and equipment servicing a building must either
be elevated to or above the base flood level or designed to prevent water
from entering or accumulating within the components during a flood. This includes
heating, ventilating and air-conditioning equipment, hot-water heaters, appliances,
elevator lift machinery and electrical junction and circuit breaker boxes.
When located below the base flood elevation, a professional engineer's
or architect's certification of the design is required.
(2)
New and replacement water supply systems shall be designed
to minimize or eliminate infiltration of floodwaters into the system.
(3)
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.
(4)
On-site waste disposal systems shall be located to avoid
impairment to them or contamination from them during flooding.
Except for structures located in coastal high-hazard areas, the following standards, in addition to the standards in § 85-14B, Subdivision proposals, and § 85-14C, Encroachments, and § 85-15, Standards for all structures, apply to structures located in areas of special flood hazard:
A.
Within Zones A1 through 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 the base flood level.
B.
Within Zone A, when no base flood elevation data are
available, new and substantially improved structures shall have the lowest
floor (including basement) elevated at least three (3) feet above the highest
adjacent grade.
C.
Within Zone AO, new and substantially improved structures shall have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the community's Flood Insurance Rate Map, enumerated in § 85-6 [at least two (2) feet if no depth number is specified].
D.
Within Zones AH and AO, adequate drainage paths are required
to guide floodwaters around and away from proposed structures on slopes.
The following standards, in addition to the standards in § 85-14A, Coastal high-hazard areas, and § 85-14B, Subdivision proposals, and § 85-15, Standards for all structures, apply to structures located in areas of special flood hazard shown as Zones V1 through V30, VE or V on the community's Flood Insurance Rate Map, designated in § 85-6.
A.
Elevation. New construction and substantial improvements
shall be elevated on pilings, columns or shear walls such that the bottom
of the lowest horizontal structural member supporting the lowest elevated
floor (excluding columns, piles, diagonal bracing attached to the piles or
columns, grade beams, pile caps and other members designed to either withstand
storm action or break away without imparting damaging loads to the structure)
is elevated to or above the level of the base flood so as not to impede the
flow of water.
B.
Determination of loading forces. Structural design shall
consider the effects of wind and water loads acting simultaneously during
the base flood on all building components.
(1)
The structural design shall be adequate to resist water
forces that would occur during the base flood. Horizontal water loads considered
shall include inertial and drag forces of waves, current drag forces and impact
forces from waterborne storm debris. Dynamic uplift loads shall also be considered
if bulkheads, walls or other natural or man-made flow obstructions could cause
wave run-up beyond the elevation of the base flood.
(2)
Buildings shall be designed and constructed to resist
the forces due to wind pressure. Wind forces on the superstructure include
windward and leeward forces on vertical walls, uplift on the roof, internal
forces when openings allow wind to enter the house and upward force on the
underside of the house when it is exposed. In the design, the wind should
be assumed to blow potentially from any lateral direction relative to the
house.
C.
Foundation standards.
(1)
The pilings or column foundation and structure attached
thereto shall be adequately anchored to resist flotation, collapse or lateral
movement due to the effects of wind and water pressures acting simultaneously
on all building components. Foundations must be designed to transfer safely
to the underlying soil all loads due to wind, water, dead load, live load
and other loads (including uplift due to wind and water).
(2)
Spread footings and fill material shall not be used for
structural support of a new building or substantial improvement of an existing
structure.
D.
Pile foundation design.
(1)
The design ratio of pile spacing to pile diameter shall
not be less than eight to one (8:1) for individual piles (this shall not apply
to pile clusters located below the design grade). The maximum center-to-center
spacing of wood piles shall not be more than twelve (12) feet on center under
load bearing sills, beams or girders.
(2)
Pilings shall have adequate soil penetration (bearing
capacity) to resist the combined wave and wind loads (lateral and uplift)
associated with the base flood acting simultaneously with typical structure
(live and dead) loads, and shall include consideration of decreased resistance
capacity caused by erosion of soil strata surrounding the piles. The minimum
penetration for foundation piles is to an elevation of five (5) feet below
mean sea level (msl) datum if the base flood elevation (BFE) is ten (10) feet
below mean sea level (msl) or less, or to be at least ten (10) feet below
mean sea level (msl) if the base flood elevation is greater than ten (10)
feet below mean sea level (msl).
(3)
Pile foundation analysis shall also include consideration
of piles in column action from the bottom of the structure to the stable soil
elevation of the site. Pilings may be horizontally or diagonally braced to
withstand wind and water forces.
(4)
The minimum acceptable sizes for timber piles are a tip
diameter of eight (8) inches for round timber piles and eight by eight (8
x 8) inches for square timber piles. All wood piles must be treated in accordance
with requirements of EPEE-C3 to minimize decay and damage from fungus.
(5)
Reinforced concrete piles shall be cast of concrete having
a twenty-eight-day ultimate compressive strength of not less than five thousand
(5,000) pounds per square inch and shall be reinforced with a minimum of four
(4) longitudinal steel bars having a combined area of not less than one percent
(1%) nor more than four percent (4%) of the gross concrete area. Reinforcing
for precast piles shall have a concrete cover of not less than one and one-fourth
(11/4) inches for No. 5 bars and smaller, and not less than one and one-half
(11/2) inches for No. 6 through No. 11 bars. Reinforcement for piles cast
in the field shall have a concrete cover of not less than two (2) inches.
(6)
Piles shall be driven by means of a pile driver or drop
hammer, jetted or augered into place.
(7)
Additional support for piles in the form of bracing may
include lateral or diagonal bracing between piles.
(8)
When necessary, piles shall be braced at the ground line
in both directions by a wood timber grade beam or a reinforced concrete grade
beam. These at-grade supports should be securely attached to the piles to
provide support, even if scoured from beneath.
(9)
Diagonal bracing between piles, consisting of two-inch-by-eight-inch
members (minimum) bolted to the piles, shall be limited in location to below
the lowest supporting structural member and above the stable soil elevation,
and aligned in the vertical plane along pile rows perpendicular to the shoreline.
Galvanized steel rods [minimum diameter of one-half (1/2) inch] or cable-type
bracing is permitted in any plane.
(10)
Knee braces, which stiffen both the upper portion of
a pile and the beam-to-pile connection, may be used along pile rows perpendicular
and parallel to the shoreline. Knee braces shall be two-by-eight lumber bolted
to the sides of the pile/beam, or four-by-four or larger braces framed into
the pile/beam. Bolting shall consist of two (2) five-eighths-inch galvanized
steel bolts (each end) for two-by-eight members or one (1) five-eighths-inch
lag bolt (each end) for square members. Knee braces shall not extend more
than three (3) feet below the elevation of the base flood.
E.
Column foundation design. Masonry piers or poured-in-place
concrete piers shall be internally reinforced to resist vertical and lateral
loads and be connected with a movement-resisting connection to a pile cap
or pile shaft.
F.
Connectors and fasteners. Galvanized metal connectors,
wood connectors or bolts of size and number adequate for the calculated loads
must be used to connect adjoining components of a structure. Toe-nailing,
as a principal method of connection, is not permitted. All metal connectors
and fasteners used in exposed locations shall be steel, hot-dipped galvanized
after fabrication. Connectors in protected interior locations shall be fabricated
from galvanized sheet.
G.
Beam-to-pile connections. The primary floor beams or
girders shall span the supports in the direction parallel to the flow of potential
floodwater and wave action and shall be fastened to the columns or pilings
by bolting, with or without cover plates. Concrete members shall be connected
by reinforcement, if cast in place, or (if precast) shall be securely connected
by bolting and welding. If sills, beams or girders are attached to wood pilings
at a notch, a minimum of two (2) five-eights-inch galvanized steel bolts or
two (2) hot-dipped galvanized straps, three-sixteenths by four by eighteen
(3/16 x 4 x 18) inches, each bolted with two (2) one-half-inch lag bolts per
beam member shall be used. Notching of pile tops shall be the minimum sufficient
to provide ledge support for beam members without unduly weakening pile connections.
Piling shall not be notched so that the cross section is reduced below fifty
percent (50%).
H.
Floor and deck connections.
(1)
Wood two-by-four-inch (minimum) connectors or metal joist
anchors shall be used to tie floor joists to floor beams/girders. These should
be installed on alternate floor joists, at a minimum. Cross bridging of all
floor joists shall be provided. Such cross bridging may be one-by-three-inch
members, placed eight (8) feet on center maximum, or solid bridging of the
same depth as the joist and at the same spacing.
(2)
Plywood should be used for subflooring and attic flooring
to provide good torsional resistance in the horizontal plane of the structure.
The plywood should not be less than three-fourths (3/4) inch in total thickness
and should be exterior grade and fastened to beams or joists with 8d annular
or spiral thread galvanized nails. Such fastening shall be supplemented by
the application of waterproof industrial adhesive applied to all bearing surfaces.
I.
Exterior wall connections. All bottom plates shall have
any required breaks under a wall stud or an anchor bolt. Approved anchors
will be used to secure rafters or joists and top and bottom plates to studs
in exterior and bearing walls to form a continuous tie. Continuous fifteen-thirty-second-inch
or thicker plywood sheathing, overlapping the top wall plate and continuing
down to the sill, beam or girder, may be used to provide the continuous tie.
If the sheets of plywood are not vertically continuous, then two-by-four nailer
blocking shall be provided at all horizontal joints. In lieu of the plywood,
galvanized steel rods of one-half (1/2) inch diameter or galvanized steel
straps not less than one (1) inch wide by one-sixteenth (1/16) inch thick
may be used to connect from the top wall plate to the sill, beam or girder.
Washers with a minimum diameter of three (3) inches shall be used at each
end of the one-half-inch round rods. These anchors shall be installed no more
than two (2) feet from each corner rod, no more than four (4) feet on center.
J.
Ceiling joist/rafter connections.
(1)
All ceiling joists or rafters shall be installed in such
a manner that the joists provide a continuous tie across the rafters. Ceiling
joists and rafters shall be securely fastened at their intersections. A metal
or wood connector shall be used at alternate ceiling joist/rafter connections
to the wall top plate.
(2)
Gable roofs shall be additionally stabilized by installing
two-by-four blocking on two-foot centers between the rafters at each gable
end. Blocking shall be installed a minimum of eight (8) feet toward the house
interior from each gable end.
K.
Projecting members.
(1)
All cantilevers and other projecting members must be adequately supported and braced to withstand wind and water uplift forces. Roof eaves and overhangs shall be limited to a maximum of two (2) feet and joist overhangs to a maximum of one (1) foot. Larger overhangs and porches will be permitted if designed or reviewed by a registered professional engineer or architect and certified in accordance with § 85-12J of this chapter.
L.
Roof sheathing.
(1)
Plywood, or other wood material, when used as roof sheathing,
shall not be less than fifteen-thirty-seconds (15/32) inch in thickness and
shall be of exterior sheathing grade, or an equivalent. All attaching devices
for sheathing and roof coverings shall be galvanized or be of other suitable
corrosion-resistant material.
(2)
All corners, gable ends and roof overhangs exceeding
six (6) inches shall be reinforced by the application of waterproof industrial
adhesive to all bearing surfaces of any plywood sheet used in the sheathing
of such corner, gable end or roof overhang.
(3)
In addition, roofs should be sloped as steeply as practicable
to reduce uplift pressures, and special care should be used in securing ridges,
hips, valleys, eaves, vents, chimneys and other points of discontinuity in
the roofing surface.
M.
Protection of openings.
(1)
All exterior glass panels, windows and doors shall be
designed, detailed and constructed to withstand loads due to the design wind
speed of seventy-five (75) miles per hour. Connections for these elements
must be designed to transfer safely the design loads to the supporting structure.
Panel widths of multiple-panel sliding glass doors shall not exceed three
(3) feet.
N.
Breakaway wall design standards.
(1)
The breakaway wall shall have a design safe-loading resistance
of not less than ten (10) and not more than twenty (20) pounds per square
foot, with the criterion that the safety of the overall structure at the point
of wall failure shall be confirmed using established procedures. Grade beams
shall be installed in both directions for all piles considered to carry the
breakaway wall load. Knee braces are required for front row piles that support
breakaway walls.
(2)
Use of breakaway wall strengths in excess of twenty (20)
pounds per square foot shall not be permitted, unless a registered professional
engineer or architect has developed or reviewed the structural design and
specifications for the building foundation and breakaway wall components and
certifies that the breakaway walls will fail under water loads less than those
that would occur during the base flood; and the elevated portion of the building
and supporting foundation system will not be subject to collapse, displacement
or other structural damage due to the effects of wind and water loads acting
simultaneously on all building components (structural and nonstructural).
Water loading values used shall be those associated with the base flood. Wind
loading values shall be those required by the building code.
Except in coastal high-hazard areas, the following standards apply to new and substantially improved commercial, industrial and other nonresidential structures, in addition to the requirements in § 85-14B, Subdivision proposals, and § 85-14C, Encroachments, and § 85-15, Standards for all structures.
A.
Within Zones A1 through 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:
(1)
Have the lowest floor, including basement or cellar,
elevated to or above the base flood elevation; or
(2)
Be floodproofed so that the structure is watertight below
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.
B.
Within Zone AO, new construction and substantial improvements
of nonresidential structures shall:
(1)
Have the lowest floor (including basement) elevated above
the highest adjacent grade at least as high as the depth number specified
in feet on the community's, FIRM [at least two (2) feet if no depth number
is specified]; or
C.
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 certifying that the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions of Subsection A(2) above, including the specific elevation (in relation to mean sea level) to which the structure is to be floodproofed.
D.
Within Zones AH and AO, adequate drainage paths are required
to guide floodwaters around and away from proposed structures on slopes.
E.
Within Zone A, when no base flood elevation data are
available, the lowest floor (including basement) shall be elevated at least
three (3) feet above the highest adjacent grade.
Except for coastal high-hazard areas, in Zones V1 through V30 and VE,
and also Zone V if base flood elevation data are available, new construction
and substantial improvements of any nonresidential structure, together with
attendant utility and sanitary facilities, shall have the bottom of lowest
member of the lowest floor elevated to or above the base flood elevation.
Floodproofing of structures is not an allowable alternative to elevating the
lowest floor to the base flood elevation in Zones V1 through V30, VE and V.
The following standards, in addition to the standards in § 85-14, General standards, and § 85-15, Standards for all structures, apply in areas of special flood hazard to manufactured homes and to recreational vehicles which are located in areas of special flood hazard.
A.
Recreational vehicles.
(1)
Recreational vehicles placed on sites within Zones A1
through A30, AE, AH, V1 through V30, V and VE shall either:
(2)
A recreational vehicle is ready for highway use if it
is on its wheels or a jacking system, is attached to the site only by quick
disconnect-type utilities and security devices and has no permanently attached
additions.
B.
A manufactured home that is placed or substantially improved
in Zones A1 through A30, AE, AH, V1 through V30 or VE and that is on a site
either outside of an existing manufactured home park or subdivision as herein
defined, in a new manufactured home park or subdivision as herein defined,
in an expansion to an existing manufactured home park or subdivision as herein
defined or in an existing manufactured home park or subdivision as herein
defined, on which a manufactured home has incurred substantial damage as the
result of a flood, shall, within Zones A1 through A30, AE and AH, be elevated
on a permanent foundation such that the lowest floor is elevated to or above
the base flood elevation and is securely anchored to an adequately anchored
foundation system to resist flotation, collapse and lateral movement; or,
within Zones V1 through V30 and VE, be elevated on a pile foundation such
that the bottom of the lowest structural member of the lowest floor (excluding
pilings and columns) is elevated to or above the base flood elevation and
securely anchored to an adequately anchored foundation system to resist flotation,
collapse and lateral movement. Elevation on piers consisting of dry stacked
blocks is prohibited. Methods of anchoring may include, but are not limited
to, use of over-the-top or frame ties to ground anchors.
C.
A manufactured home to be placed or substantially improved
in Zone A1 through A30, AE, AH, V1 through V30 or VE, in an existing manufactured
home park or subdivision that is not to be placed on a site on which a manufactured
home has incurred substantial damage, shall be:
(2)
Elevated such that the manufactured home chassis is supported
by reinforced piers or other foundation elements of at least equivalent strength
that are no less than thirty-six (36) inches in height above grade and are
securely anchored to an adequately anchored foundation system to resist flotation,
collapse or lateral movement. Elevation on piers consisting of dry stacked
blocks is prohibited.
D.
Within Zones A or V, when no base flood elevation data
are available, new and substantially improved manufactured homes shall be
elevated such that the manufactured home chassis is supported by reinforced
piers or other foundation elements of at least equivalent strength that are
no less than thirty-six (36) inches in height above the lowest adjacent grade
and are securely anchored to an adequately anchored foundation system to resist
flotation, collapse or lateral movement. Elevation on piers consisting of
dry stacked blocks is prohibited.
E.
Within Zone AO, the floor shall be elevated above the highest adjacent grade at least as high as the depth number specified on the Flood Insurance Rate Map enumerated in § 85-6 [at least two (2) feet if no depth number is specified]. Elevation on piers consisting of dry stacked blocks is prohibited.
A.
The Zoning Board of Appeals, as established by the Town
of Brownville, shall hear and decide appeals and requests for variances from
the requirements of this chapter.
B.
The Zoning Board of Appeals shall hear and decide appeals
when it is alleged there is an error in any requirement, decision or determination
made by the local administrator in the enforcement or administration of this
chapter.
C.
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.
D.
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:
(1)
The danger that materials may be swept onto other lands
to the injury of others.
(2)
The danger to life and property due to flooding or erosion
damage.
(3)
The susceptibility of the proposed facility and its contents
to flood damage and the effect of such damage on the individual owner.
(4)
The importance of the services provided by the proposed
facility to the community.
(5)
The necessity to the facility of a waterfront location,
where applicable.
(6)
The availability of alternative locations for the proposed
use which are not subject to flooding or erosion damage.
(7)
The compatibility of the proposed use with existing and
anticipated development.
(8)
The relationship of the proposed use to the comprehensive
plan and floodplain management program of that area.
(9)
The safety of access to the property in times of flood
for ordinary and emergency vehicles.
(10)
The costs to local governments and the dangers associated
with conducting search and rescue operations during periods of flooding.
(11)
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.
(12)
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.
E.
Upon consideration of the factors of § 85-21D and the purposes of this chapter, the Zoning Board of Appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
F.
The local administrator shall maintain the records of
all appeal actions, including technical information, and report any variances
to the Federal Emergency Management Agency upon request.
A.
Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half (1/2) acre or less in size, contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided that items in § 85-21D have been fully considered. As the lot size increases beyond the one-half (1/2) acre, the technical justification required for issuing the variance increases.
B.
Variances may be issued for the repair or rehabilitation
of historic structures upon determination that:
C.
Variances 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:
D.
Variances shall not be issued within any designated floodway
if any increase in flood levels during the base flood discharge would result.
E.
Variances shall only be issued upon a determination that
the variance is the minimum necessary, considering the flood hazard, to afford
relief.
F.
Variances shall only be issued upon receiving written
justification of:
(1)
A showing of good and sufficient cause.
(2)
A determination that failure to grant the variance would
result in exceptional hardship to the applicant.
(3)
A determination that the granting of a variance will
not result in increased flood heights, additional threats to public safety
or extraordinary public expense, create nuisances, cause fraud on or victimization
of the public or conflict with existing local laws or ordinances.
G.
Any applicant to whom a variance 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
cost of flood insurance will be commensurate with the increased risk resulting
from said lowest floor elevation.
