The Code Enforcement Officer is hereby appointed 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 § 113-6, 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 locations of the foregoing.
B.
Fees. All applications for a floodplain development permit
shall be accompanied by an application fee of $25. In addition, the applicant
shall be responsible for reimbursing the Village of LeRoy for any additional
costs necessary for review, inspection and approval of this project. The local
administrator may require a deposit of no more than $500 to cover these additional
costs.
The applicant shall provide the following information as appropriate.
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-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,
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.
C.
A certificate from a licensed professional engineer or architect that any utility floodproofing will meet the criteria in § 113-15C, Utilities.
D.
A certificate from a licensed professional engineer or architect that any nonresidential floodproofed structure will meet the floodproofing criteria in § 113-17, Nonresidential structures.
E.
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 § 113-6, 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.
F.
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.
G.
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 50 lots or five acres.
Duties of the local administrator shall include, but not be limited
the following:
A.
Permit application review. The local administrator shall
conduct the following permit application review before issuing a floodplain
development permit:
(1)
Review all applications for completeness, particularly with the requirements of § 113-12, Application for permit, and for compliance with the provisions and standards of this chapter.
(2)
Review subdivision and other proposed new development, including manufactured home parks, to determine whether proposed building sites will be reasonably safe from flooding. If a proposed building site is located in an area of special flood hazard, all new construction and substantial improvements shall meet the applicable standards of Article V, Construction Standards, and, in particular, § 113-14A, 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.
(a)
If the proposed development may result in physical damage to any other property or fails to meet the requirements of Article V, Construction Standards, no permit shall be issued. The applicant may revise the application to include measures that mitigate or eliminate the adverse effects and resubmit the application.
(4)
Determine that all necessary permits have been received
from those governmental agencies from which approval is required by state
or federal law.
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 § 113-12G, 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 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. For
manufactured homes, the permit holder shall submit the certificate of elevation
upon placement of the structure on the site. A certificate of elevation must
also be submitted for a recreational vehicle if it remains on a site for 180
consecutive days or longer, unless it is fully licensed and ready for highway
use.
(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 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 § 113-8 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 law and/or the conditions of the development permit. Disregard of a stop-work order shall subject the violator to the penalties described in § 113-8 of this chapter.
G.
Certificate of compliance.
(1)
In areas of special flood hazard, as determined by documents enumerated in § 113-6, 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 of this section, 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:
