The Floodplain Overlay District is listed below. When this Zoning
Law refers to the Floodplain Overlay District it is referring to the
following:
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Table 30-1: Floodplain Overlay District
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District Name
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Map Symbol
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A. Floodplain Overlay District
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FPO
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A.
The purpose of the Floodplain Overlay (FPO) District established
in this article is to provide special controls over land development
located in sensitive environmental areas within the Village of Shortsville
characterized by floodplains or watercourses. This district and its
associated regulations are designed to preserve and protect unique
environmental features within the Village as much as possible, including
but not limited to wetlands, floodplains, and watercourses.
B.
Certain areas of the Village of Shortsville are subject
to periodic flooding that can result in loss of life, property damage,
health and safety hazards, disruption of commercial and governmental
services, extraordinary public expenditure for flood protection and
relief and impairment of the tax base, all of which adversely affect
the public health, safety and general welfare of the residents of
this Village. These flood losses are caused by the cumulative effect
of obstructions in the floodplain causing increases in flood heights
and velocities and by the occupancy in flood hazard areas by uses
that are inadequately elevated, floodproofed or otherwise protected
from flood damage. It is the purpose of the Floodplain Protection
District to prevent public and private losses due to flood conditions
in certain areas by provisions designed to:
(1)
Protect the health, safety and welfare of the residents
of the Village;
(2)
Minimize public expenditure for flood-control projects;
(3)
Minimize the need for relief and rescue efforts;
(4)
Minimize prolonged business interruptions;
(5)
Minimize damage to public facilities and utilities;
(6)
Help maintain a stable tax base by minimizing flood
damage to private and commercial property; and
(7)
Identify those structures and properties that are
located in areas of special flood hazard and maintain such information
for public inspection.
A.
The official set of maps delineating all significant environmental
features within the Village shall be known and may be cited as the
"Official Village of Shortsville FPO Maps" and shall include, with
latest revisions, the Official Wetland Maps for the Village, prepared
by the New York State Department of Environmental Conservation (NYSDEC),
and the Official Flood Insurance Rate Maps (FIRM) for the Village,
prepared by the Federal Emergency Management Agency (FEMA). Additionally,
all areas further identified by the Federal Insurance Administration
in the latest version of their report entitled "The Flood Insurance
Study for the Village of Shortsville, New York" shall be included
in the FPO District with accompanying Flood Insurance Rate Map and
Flood Hazard Boundary Map.
B.
The aforementioned maps and reports shall be used for reference
purposes and not be used to delineate specific or exact boundaries
of the various overlay districts. Field investigations and/or other
environmental analyses may be required in order to determine whether
or not a particular piece of property is included within the Floodplain
Overlay District.
A.
The Code Enforcement Officer shall be responsible for interpreting Floodplain Overlay District boundaries based on the review and interpretation of the Official Village of Shortsville FPO Maps (as previously outlined in § 95-30.3). The Code Enforcement Officer may request the assistance of the Village Engineer, County Engineer or other appropriate department or agency in making such a determination.
B.
Where the Floodplain Overlay District superimposes a primary
zoning district delineated on the Official Zoning Map of the Village
of Shortsville, the requirements of the Floodplain Overlay District
shall be met in addition to the requirements specified for development
in the respective primary zoning district.
A.
An FPO development permit shall be required prior to the
commencement of any regulated activity or the issuance of any building
permit for regulated development in the Floodplain Overlay District
within the Village of Shortsville.
B.
The following activities are exempt from the permit procedures
of this article, subject to a determination by the authorized Village
official that such activities involve necessary normal maintenance
and upkeep of property, and/or are clearly incidental to the primary
use on the property, and/or involve public health, safety, or emergency
situations.
(1)
Lawn care and maintenance.
(2)
Gardening activities.
(3)
Tree and shrub care and maintenance.
(4)
Removal of dead or deteriorating vegetation.
(5)
Removal of structures.
(6)
Repair and maintenance of structures.
(7)
Repair and maintenance of faulty or deteriorating
sewage facilities or utility lines.
(8)
Reconstruction of structures damaged by a natural
disaster.
(9)
Customary agricultural activities, except structural
activities.
(10)
Public health activities, orders and regulations
of the New York State Department of Health, Ontario County Department
of Health, or other agency, undertaken in compliance with the New
York State Environmental Conservation Law.
(11)
Activities subject to the review jurisdiction of
the New York State Public Service Commission or the New York State
Board on Electric Generation Siting and the Environment, under the
provisions of Article 7 of the New York Public Service Law.
(12)
Any actual or ongoing emergency activity that is
immediately necessary for the protection and preservation of life,
property or natural resource values.
C.
Applications for FPO development permits shall be made
in writing to the Code Enforcement Officer on forms available in the
Village Office. Such an application shall be made by the property
owner or their agent and shall be accompanied by any materials or
information deemed appropriate by the Code Enforcement Officer, Village
Engineer, or Consulting Engineer, including but not limited to a scaled
(one inch equals 50 feet or one inch equals 100 feet) site plan prepared
and certified by a licensed engineer or land surveyor that contains
the following minimum information:
(1)
A location plan and boundary line survey of the property.
(2)
The location of all Floodplain Overlay District boundaries,
designated Village open space, and any publicly owned parkland.
(3)
The location of all existing and proposed buildings,
structures, utility lines, sewers, water and storm drains on the property
or within 200 feet of the proposed work site.
(4)
The location of all existing and proposed impervious
surfaces such as driveways, sidewalks, etc., on the property or within
200 feet of the proposed work site.
(5)
Existing and proposed contour levels at one-foot
intervals for the property, unless such property is located within
a steep slope protection district whereby contour levels may be shown
at two-foot intervals.
(6)
The location and types of all existing and proposed
vegetation and shrub masses, as well as all trees with a diameter
of six inches or more within and/or adjacent to the property.
(7)
The location of all existing and proposed drainage
patterns, drainageways, swales, etc., within and/or adjacent to the
property.
D.
Each application for an FPO development permit shall be
accompanied by the appropriate fee(s) as determined by the Village
Board. Said fee(s) shall be in addition to any other fees required
for the development under the Village Zoning Law and/or Municipal
Code.
A.
FPO-I Floodway Zone. There is hereby established an FPO-I
Zone to accomplish the purposes of this section. The boundaries of
this zone include all areas within the floodways as delineated in
the Flood Insurance Study for the Village of Shortsville. The following
are not permitted in the FPO-I Zone:
(1)
New structures (temporary or permanent); any addition
or substantial improvement to existing structures; filling of land;
excavation; deposits, obstructions or outside storage of materials
or equipment.
(2)
The temporary or permanent placement of a mobile
home, manufactured home, or similar structure.
(3)
The construction or operation of an on-site sewage
disposal system.
(4)
Any other activity that as demonstrated through a
technical evaluation will result in any increase in flood levels during
the occurrence of the base flood discharge.
B.
FPO-II Floodplain Zone. There is hereby established an
FPO-II Zone to accomplish the purposes of this chapter. The boundaries
of this zone include all areas within the ten-year floodplain but
do not include any portion of the FPO-I Zone. The following are not
permitted in the FPO-II Zone:
(1)
New structures (temporary or permanent); filling
of land; excavation; deposits, obstructions or outside storage of
materials or equipment.
(2)
The temporary or permanent placement of a mobile
home, manufactured home, or similar structure.
(3)
The construction or operation of an on-site sewage
disposal system.
(4)
Any activity that is not in compliance with the standards
and requirements set forth in other sections of this chapter.
(5)
The following activities shall not be allowed in whole or in part in an FPO-II Zone without first requesting a receiving a permit from the Code Enforcement Officer as outlined in § 95-30.5 of this article:
(a)
Addition or substantial improvement to structures.
(b)
Subdivision of land.
(c)
Any person-made change to improved or unimproved
real estate including, but not limited to, buildings or other structures,
mining, dredging, filling, grading, paving, excavation or drilling
operations located within the area of special flood hazard.
C.
FPO-III Floodplain Zone. There is hereby established an
FPO-III Zone to accomplish the purposes of this chapter. The boundaries
of this zone include all areas within the 100-year floodplain as delineated
in the Flood Insurance Study but does not include any portion of either
the FPO-I or FPO-II Zones. The following activities are not permitted
in the FPO-III Zone:
(1)
The temporary or permanent placement of a mobile
home, manufactured home, or similar structure.
(2)
The construction or operation of an on-site sewage
disposal system.
(3)
Any activity that is not in compliance with the standards
and requirements set forth in other sections of this chapter.
(4)
The following activities shall not be allowed in whole or in part within an FPO-III Zone without first requesting and receiving a permit from the Code Enforcement Officer as outlined in § 95-30.5 of this article:
(a)
Additions or substantial improvements to structures.
(b)
New structures.
(c)
Outside storage of materials and equipment.
(d)
Subdivision of land.
(e)
Any person-made change to improved or unimproved
real estate including, but not limited to, building or other structures,
mining, dredging, filling, grading, paving, excavation or drilling
operations located within the area of special flood hazard.
A.
The Code Enforcement Officer shall have the authority to
grant or deny an FPO development permit, subject to the standards,
criteria, and other regulations contained in this chapter, regulations
contained in Village of Shortsville Municipal Code, and the State
Environmental Quality Review Act (SEQRA). The Code Enforcement Officer
may also request a report from the Village Engineer or Consulting
Engineer in acting on such permit applications.
B.
Any development permit issued by the Code Enforcement Officer
in accordance with the provisions of this article may be issued with
conditions. Such conditions may be attached as are deemed necessary
to ensure the preservation and protection of environmentally sensitive
areas and to ensure compliance with the policies and provisions of
this article. Every permit issued pursuant to this article shall contain
the following conditions:
(1)
The Code Enforcement Officer, Village Engineer, Consulting
Engineer and/or other appropriate Village officials shall have the
right to inspect the project at any reasonable time;
(2)
The permit shall expire if it is not acted upon within
one year; and
(3)
The permit holder shall notify the Code Enforcement
Officer or other appropriate Village official of the date on which
project construction is to begin, at least five days in advance of
such date of construction.
C.
The Code Enforcement Officer may suspend a permit until
such time as the Village Board reviews the suspension. The Village
Board may, upon recommendation of the Code Enforcement Officer and
after having provided the permit holder five days' written notice,
suspend or revoke a development permit issued in accordance with the
provisions of this section where it has found evidence that the applicant
has not complied with all terms or conditions of such permit, has
exceeded the authority granted in the permit, or has failed to undertake
the project in the manner set forth in writing with its findings and
reasons for revoking or suspending a permit issued pursuant to the
section. The Code Enforcement Officer shall forward a copy of said
findings to the applicant. Permitted work shall immediately cease
upon suspension of a permit.
D.
Areas of special flood hazard. The areas of special flood
hazard identified by the Federal Emergency Management Agency in a
scientific and engineering report entitled "The Flood Insurance Study
for the Village of Shortsville, of Ontario County, New York" with
accompanying Flood Insurance Rate Maps and Flood Boundary-Floodway
Maps is hereby adopted and declared to be part of this chapter. The
Flood Insurance Study and maps and amendments and revisions thereto
are on file at the Ontario County Planning Offices.
E.
Permit conditions. When reviewing an application for an
FPO development permit for a regulated action in any zone, the Code
Enforcement Officer shall consider all technical information available,
all relevant factors and standards specified in the section, and shall
determine that:
(1)
The requirements of this chapter have been satisfied;
and
(2)
That the proposed development does or does not adversely
affect the area of special flood hazard (for the purposes of this
chapter, "adversely affect" means physical damage to adjacent properties).
An engineering study may be required of the applicant for this purpose.
F.
Development standards. No FPO permit shall be granted for
a regulated activity within any floodway or floodplain zone unless
the applicant submits a plan certified by a registered professional
engineer and shows evidence of the following:
(1)
The structure will be constructed with its lowest
floor elevated to at least one foot above the base flood level.
(2)
The structure will not affect the efficiency or the
capacity of the floodway or increase flood heights.
(3)
The structure will be placed on the site so as not
to cause increased velocities or catch or otherwise collect debris
that will obstruct flow under flood conditions.
(4)
The structure shall be firmly anchored to prevent
flotation, collapse, or lateral movement that may result in damage
to other structures, restrictions of bridge openings, and other narrowings
of the watercourse.
(5)
All new and replacement water supply and sanitary
sewer systems shall be designed to minimize or eliminate infiltration
of floodwaters into the system and discharge from the systems into
floodwaters.
(6)
Service facilities, such as electrical and heating
equipment, shall be constructed at or above the base flood level for
the particular area or shall be floodproofed.
(7)
New construction and substantial improvements shall
be constructed using materials, methods, and practices that minimize
flood damage.
(8)
Base flood elevation data shall be provided for subdivision
proposals and other proposed developments.
(9)
Such other data or evidence may be requested by the
Village Board, Planning Board, Zoning Board, or Code Enforcement Officer
pertaining to flooding and site plan information.
(10)
Information and/or a description regarding the extent
to which any watercourse will be altered or relocated as a result
of any proposed development.
(11)
Plans indicating any walls to be used to enclose
space located below the base flood level.
(12)
That there is no reasonable alternative for the
proposed regulated activity on a site which is not in a flood hazard
area.
G.
Considerations. When taking action on an application for
an FPO development permit for a regulated action in any Floodplain
Overlay District zone, the Code Enforcement Officer shall consider
all technical information available, all relevant factors and standards
specified in this section, as well as the following:
(1)
The danger that materials may be swept onto other
lands to the detriment 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;
(6)
The availability of alternative locations not subject
to flooding or erosion damage for the proposed use;
(7)
The compatibility of the proposed use with existing
and anticipated development;
(8)
The relationship of the proposed use to the Village
Comprehensive Plan and floodplain management program for that area;
(9)
The safety of access to the property in times of
flood for ordinary and emergency vehicles;
(10)
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
(11)
The costs of providing governmental services during
and after flood conditions, including maintenance and repair of public
utilities and facilities such as sewer, gas, electrical and water
systems and streets and bridges.
H.
Additional standards for approval. The Code Enforcement
Officer may require that the applicant adequately demonstrate that
one or more of the following conditions be met before granting a permit
for land use within any of the zones:
(1)
Anchorage to resist flotation and lateral movement.
(2)
Reinforcement of walls to resist water pressure.
(3)
Installation of watertight doors, bulkheads and shutters.
(4)
Use of paints, membranes or mortars to reduce seepage
of water through walls.
(5)
Addition of mass or weight to resist flotation.
(6)
Installation of pumps to lower water levels in structures.
(7)
Pumping facilities to relieve hydrostatic water pressure
on external walls and basement floors.
(8)
Elimination of gravity flow drains.
(9)
Construction to resist rupture or collapse caused
by water pressure or floating debris.
(10)
Compliance with other environmental regulations
found in the Code of the Village of Shortsville.
I.
Encroachments.
(1)
In all areas of special flood hazard in which base
flood elevation data is available pursuant to the Village of Shortsville
Flood Insurance Study and no floodway has been determined, the cumulative
effects of any proposed development, when combined with all other
existing and anticipated development, shall not increase the water
surface elevation of the base flood more than one foot at any point.
(2)
In all areas of the special flood hazard where floodway data is provided or available, the requirements of § 95-30.6A, FPO-I, shall apply.
(3)
All proposed development in riverine situations where
no flood elevation data is available (unnumbered A zones as indicated
by the Village of Shortsville Flood Insurance Study) shall be analyzed
to determine the effects on the flood-carrying capacity of the area
of special flood hazards set forth in this chapter. This may require
the submission of additional technical data to assist in the determination.
(4)
When base flood elevation data has not been provided
pursuant to the Village of Shortsville Flood Insurance Study, the
Code Enforcement Officer may obtain, review, and reasonably utilize
any base flood elevation and floodway data available from federal,
state or other sources.
J.
Administration. In addition to the other duties and responsibilities
specified in this chapter, the Code Enforcement Officer and Village
Office are authorized to administer this following provisions of this
chapter. The Code Enforcement Officer shall:
(1)
Secure from the applicant all information necessary
for a complete review of the proposed development by the appropriate
boards and officials. The information necessary for submission shall
be the same as required for site plan approval as specified in Article
62 of this chapter, plus any additional information that may be required
by the Code Enforcement Officer to adequately review a request for
a permit.
(2)
Review all applications to determine that all necessary
permits have been obtained from those federal, state or local governmental
agencies from which prior approval is required.
(3)
Obtain and record the actual elevation (in relation
to sea level) of the lowest habitable floor (including basement) of
all new or substantially improved structures and whether or not the
structure contains a basement.
(5)
Maintain for public inspection all records pertaining
to the provisions of this section.
(6)
Notify adjacent communities and the New York State
Department of Environmental Conservation prior to any alteration or
relocation of a watercourse and submit evidence of such notification
to the Federal Insurance Administration.
(7)
Require that maintenance is provided within the altered
or relocated portion of said watercourse so that the flood-carrying
capacity is not diminished.
K.
Restrictions. Where this section imposes greater restrictions
than are imposed by the provision of any law, ordinance, regulation
or private agreement, this section shall control. Where there are
restrictions by any law, ordinance, regulation or private agreement
greater than those imposed by this section, such greater restrictions
shall control. All uses presently permitted in the zoning districts
within the Village of Shortsville that also fall within the FPO Zones
shall continue to be permitted uses for these districts, except where
otherwise restricted by this section.
L.
Appeals. Appeals for variances to the requirements of this
section shall be based upon Section 80.6 (formerly Section 1910.6)
of the National Flood Insurance Program Regulations. Any applicant
to whom a variance is granted shall be given written notice that the
structure will be permitted to be built with a lowest floor elevation
below the base flood elevation and that the cost of flood insurance
will be commensurate with the increased risk resulting from the reduced
lowest floor elevation.
M.
Degree of protection. 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 person-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 Shortsville,
any officer or employee thereof or the Federal Insurance Administration
for any flood damages that result from reliance on this section or
any administrative decision lawfully made thereunder.
