Town of South Bristol, NY
Ontario County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of South Bristol 5-11-1987 by L.L. No. 1-1987; amended in its entirety 5-12-1998 by L.L. No. 2-1998. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 84.
Zoning — See Ch. 170.
The Town Board of the Town of South Bristol finds that the potential and/or actual damages from flooding and erosion may be a problem to the residents of the Town of South Bristol 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 for and maintain participation in the National Flood Insurance Program.
The objectives of this chapter are to:
A. 
Protect human life and health.
B. 
Minimize expenditure of public money for costly flood-control projects.
C. 
Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public.
D. 
Minimize prolonged business interruptions.
E. 
Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines and 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 meanings they have in common usage and to give this chapter its most reasonable application.
B. 
As used in this chapter, the following terms shall have the meanings indicated:
APPEAL
A request for a review of the local administrator's interpretation of any provision of this chapter or a request for a variance.
AREA OF SHALLOW FLOODING
A designated AO, AH or VO Zone on a community's Flood Insurance Rate Map (FIRM) with a one-percent or greater annual chance of flooding to an average annual depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
AREA OF SPECIAL FLOOD HAZARD
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 a Zone A, AE, AH, AO, A1-30, A99, V, VO, VE or V1-V30. It is also commonly referred to as the "base floodplain."
BASE FLOOD
The flood having a one-percent chance of being equaled or exceeded in any given year.
BASEMENT
That portion of a building having its floor subgrade (below ground level) on all sides.
BREAKAWAY WALL
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.
BUILDING
Any structure built for support, shelter or enclosure for occupancy or storage.
CELLAR
The same meaning as "basement."
COSTAL HIGH-HAZARD AREA
The area subject to high-velocity waters, including but not limited to hurricane wave wash. The area is designated on a FIRM as Zone V1-30, VE, VO or V.
CRAWL SPACE
An enclosed area beneath the lowest elevated floor. The elevation of the floor of this enclosed area, which may be of soil, gravel, concrete or other material, must be equal to or above the lowest adjacent exterior grade. The enclosed crawl space area shall be properly vented to allow for the equalization of hydrostatic forces which would be experienced during periods of flooding.
DEVELOPMENT
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.
ELEVATED BUILDING
A nonbasement building built, in the case of a building in Zones A1-A30, AE, A, A99, AO, AH, B, C, X or D, to have the top of the elevated floor, or in the case of a building in Zones V1-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 water and adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood. In the case of Zones A1-A30, AE, A, A99, AO, AH, B, C, X or D, an elevated building also includes a building elevated by fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of floodwaters. In the case of Zones V1-V30, VE or V, an elevated building also includes a building meeting the definition of "elevated building", even though the lower area is enclosed by means of breakaway walls that meet the federal standards.
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
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 regulations adopted by the community.
EXPANSION OF AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
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).
FEDERAL EMERGENCY MANAGEMENT AGENCY
The federal agency that administers the National Flood Insurance Program.
FLOOD BOUNDARY AND FLOODWAY MAP (FBFM)
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.
FLOOD ELEVATION 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 HAZARD BOUNDARY MAP (FHBM)
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.
FLOOD INSURANCE RATE MAP (FIRM)
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.
FLOOD INSURANCE STUDY
The official report provided by the Federal Emergency Management Agency. The report contains flood profiles as well as the Flood Boundary Floodway Map and the water surface elevations of the base flood. (Also see "flood elevation study.")
(1) 
The general and temporary condition of partial or complete inundation of normally dry land areas from:
(a) 
The overflow of inland or tidal waters; or
(b) 
The unusual and rapid accumulation or runoff of surface waters from any source.
(2) 
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 the 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 (1) above.
FLOODPLAIN or FLOODPRONE AREA
Any land area susceptible to being inundated by water from any source. (See "flooding.")
FLOODPROOFING
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.
FLOODWAY
The same meaning as "regulatory floodway."
FLOOR
The top surface of an enclosed area in a building (including basement), i.e., top of slab in concrete slab construction or top of wood flooring in wood frame construction.
FUNCTIONALLY DEPENDENT USE
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, manufacture, sales or service facilities.
HIGHEST ADJACENT GRADE
The highest natural elevation of the ground surface, prior to construction, next to the proposed walls of a structure.
HISTORIC STRUCTURE
Any structure that is:
(1) 
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.
(2) 
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.
(3) 
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.
(4) 
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
(a) 
By an approved state program as determined by the Secretary of the Interior, or
(b) 
Directly certified by the Secretary of the Interior in states without approved programs.
LOCAL ADMINISTRATOR
The person appointed by the community to administer and implement this chapter by granting or denying development permits in accordance with its provisions.
LOWEST FLOOR
The lowest level, including basement or cellar, of the lowest enclosed area. An unfinished or flood-resistant enclosure usable solely for parking of vehicles, building access or storage in an area other than a basement or cellar 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.
(1) 
A structure, transportable in one or more sections, which is:
(a) 
Built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities; or
(b) 
Built without a permanent chassis and designed to be placed only on a permanent foundation and connected to the required utilities.
(2) 
The term also includes recreational vehicles such as park trailers, travel trailers and similar transportable structures, when placed on a site for 180 consecutive days or longer and intended to be improved property.
MANUFACTURED HOME PARK OR SUBDIVISION
A parcel or contiguous parcels of land divided into two or more manufactured home lots for rent or sale.
MEAN SEA LEVEL
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.
MOBILE HOME
The same meaning as "manufactured home," Subsection (1)(a).
MODULAR HOME
The same meaning as "manufactured home," Subsection (1)(b).
NATIONAL GEODETIC VERTICAL DATUM (NGVD)
As corrected in 1929, a vertical control used as a reference for establishing varying elevations within the floodplain.
NEW CONSTRUCTION
Structures for which the start of construction commenced on or after the effective date of this chapter, and including any subsequent structural improvements to such structures.
NEW MANUFACTURED HOME PARK OR SUBDIVISION
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 grading or the pouring of concrete pads) is completed on or after the effective date of this chapter.
ONE-HUNDRED-YEAR FLOOD
The same meaning as "base flood."
PRINCIPALLY ABOVE GROUND
At least 51% of the actual cash value of the structure only is above ground.
RECREATIONAL VEHICLE
A vehicle which is:
(1) 
Built on a single chassis;
(2) 
Four hundred square feet or less when measured at the largest horizontal projections;
(3) 
Designed to be self-propelled or permanently towable by a light-duty vehicle; and
(4) 
Not deemed primarily for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.
REGULATORY FLOODWAY
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 § 88-14B of this chapter.
SAND DUNES
Naturally occurring accumulations of sand in ridges or mounds landward of the beach.
START OF CONSTRUCTION
The initiation, excluding planning and design, of any phase of a project 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 or sheds), storage trailers and building materials.
STRUCTURE
Anything constructed or erected which requires temporary or permanent support of or attachment to the ground, such as a walled and roofed building, a manufactured home or a gas or liquid storage tank that is principally above ground.
SUBSTANTIAL DAMAGE
Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT
Any rehabilitation, reconstruction, addition or other improvement of a structure the cost of which equals or exceeds 50% of the market value of the structure only, either before the improvement or repair is started or, if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, substantial improvement is considered to commence when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include:
(1) 
Any project for improvement of a structure to comply with existing state or local building, fire, health, sanitary or safety code specifications which are solely necessary to assure safe living conditions.
(2) 
Any alteration of an historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure.
VARIANCE
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.
WATERCOURSE
Any streambed indicated on any United States Geological Survey or other official map for the purposes of this chapter.
This chapter shall apply to all areas of special flood hazard within the jurisdiction of the Town of South Bristol.
The areas of special flood hazard have been identified by the Federal Insurance Administration on its Flood Hazard Boundary Map (FHBM) or Flood Insurance Rate Map (FIRM) No. 01-06, dated May 18, 1998 which is hereby adopted and declared to be a part of this chapter. The FHBM or FIRM is on file in the Town Clerk's office, Town of South Bristol.
A. 
This chapter is adopted in response to revisions to the National Flood Insurance Program and shall supersede all previous laws adopted for the purpose of establishing and maintaining eligibility for flood insurance.
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 highest standards shall govern.
C. 
The invalidation of any section or provision of this chapter shall not invalidate any other section or provision thereof.
No structure shall hereafter be constructed, located, extended, converted or altered and no land shall be excavated or filled without full compliance with the terms of this chapter and any other applicable regulations. Any infraction of the provisions of this chapter by failure to comply with any of its requirements, including infractions of conditions and safeguards established in connection with conditions of the permit, shall constitute a violation. Any person who violates this chapter or fails to comply with any of its requirements shall, upon conviction thereof, be fined no more than $250 or imprisoned for not more than 15 days, or both. Each day of noncompliance shall be considered a separate offense. Nothing herein contained shall prevent the Town of South Bristol from taking such other lawful action as necessary to prevent, enjoin, restrain 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 §§ 88-18 and 88-19 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 areas of special flood hazard 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 South Bristol, any officer or employee thereof or the Federal Emergency Management Agency for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.
A. 
The Town Board hereby designates the Code Enforcement Officer the local administrator of the Town Board to enforce the provisions of this chapter. Such appointed local administrator and such deputies as are hereafter appointed shall serve at the pleasure of the Town Board. The deputies shall act under the supervision of the appointed local administrator and shall exercise any portion of the powers and duties of the appointed local administrator as may be directed by the appointed administrator.
B. 
The local administrator and his deputies may request the assistance, advice and opinion of the Town Board of Health, the Town Health Office and the representatives of the New York State Department of Health and New York State Department of Environmental Conservation. Nothing herein contained shall be interpreted to restrict, annul or revoke the statutory powers granted to the Town Health Officer.
C. 
It shall be the duty of the local administrator to make regular and thorough inspections of the lake, watercourses and town for the purpose of ascertaining whether there is compliance with this chapter.
D. 
If the local administrator shall find any violations of this chapter, he shall have the authority to order the correction of such violation within a time period designated by such order and, where deemed necessary, order the cessation of all work being conducted. If the violation has not been corrected within the time set forth, he shall have the authority to issue an appearance ticket charging the violation and mandating the person so served to appear before a Town Justice to answer said charges.
E. 
In addition to the penalties provided by law as set forth in § 88-8, appropriate proceedings may be brought in the name of the town to enjoin and restrain the continued violation of this chapter.
F. 
An application for a permit to construct or repair a facility shall be deemed a consent by the owners of the property to permit the local administrator to enter upon the premises without a search warrant to inspect the work which is the subject matter of the permit application.
G. 
The local administrator may, without fee or hindrance unto, examine, survey and conduct such tests as he deems appropriate in or upon all grounds, structures, buildings and places within the town to ascertain compliance with this chapter.
H. 
The local administrator upon approval of the Town Board, may, in the name of the town, institute proceedings in any court of competent jurisdiction to enjoin the violation of this chapter.
I. 
In the event of a need for bona fide emergency repairs to any facility, the time periods herein set forth may be modified by the local administrator. No work may be covered, however, until the appropriate inspections have been completed.
A floodplain development permit is hereby established and shall be obtained before the start of construction or any other development within the area of special flood hazard as established in § 88-6. Application for a development permit shall be made on forms furnished by the local administrator and shall 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.
A. 
Fees. All applications for a floodplain development permit shall be accompanied by an application fee which the Town Board may from time to time establish. In addition, the applicant shall be responsible for reimbursing the Town of South Bristol for any additional costs necessary for review, inspection and approval of any project. The local administrator may require a deposit to cover such additional costs.
B. 
Required information. The following information is required where applicable:
(1) 
The proposed elevation in relation to mean sea level of the proposed lowest floor (including basement or cellar) of all new or substantially improved structures to be located in any designated flood hazard area.
(2) 
The proposed elevation in relation to mean sea level to which any new or substantially improved nonresidential structure will be floodproofed.
(3) 
A certificate from a licensed professional engineer or architect that any utility floodproofing will meet the criteria in § 88-15C(1).
(4) 
A certificate from a licensed professional engineer or architect that any nonresidential floodproofed structure will meet the floodproofinq criteria in § 88-16A(2).
(5) 
A description of the extent to which any watercourse will be altered or relocated as a result of proposed development.
(a) 
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.
(b) 
The applicant must submit any maps, computations or other material required by the Federal Emergency Management Agency (FEMA) to revise the documents enumerated in § 88-6 when notified by the local administrator and must pay any fees or other costs assessed by FEMA for this purpose.
(c) 
The applicant must also provide assurances that the conveyance capacity of the altered or relocated stream segment will be maintained.
(6) 
A technical analysis by a licensed professional engineer, if required by the local administrator, which shows whether proposed development to be located in an area of special flood hazard may result in physical damage to any other property.
(7) 
In Zone A, when no base flood elevation data are available from other sources, base flood elevation data shall be provided by the permit applicant for subdivision proposals and other proposed developments (including proposals for manufactured home and recreational vehicle parks and subdivisions).
Upon placement of the lowest floor or floodproofing by whatever means, it shall be the duty of the permit holder to submit to the local administrator a certificate of the as-built elevation of the lowest floor, or floodproofed elevation, in relation to mean sea level. The elevation certificate shall be prepared by or under the direct supervision of a licensed land surveyor or professional engineer and certified by the same. When floodproofing is utilized for a particular building, the floodproofing certificate shall be prepared by or under the direct supervision of a licensed professional engineer or architect and certified by the 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 the site for 180 consecutive days or longer (unless it is fully licensed and ready for highway use). Any further work undertaken prior to submission and approval of the certificate 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.
Duties of the local administrator shall include, but shall not be limited to:
A. 
Permit application review. The local administrator shall conduct the following application review before issuing a floodplain development permit.
(1) 
Review all development permit applications to determine that the requirements of this chapter have been satisfied.
(2) 
Review all development permit 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) 
Review all development permit applications to determine if the proposed development adversely affects the area of special flood hazard. For the purposes of this chapter, "adversely affects" means physical damage to adjacent properties (e.g., stream bank erosion, increased flood velocities or damage to structures). A hydraulic engineering study may be required for this purpose.
(a) 
If there is no adverse effect, then the permit shall be granted consistent with the provisions of this chapter.
(b) 
If there is an adverse effect or if the application fails to meet the requirements of §§ 88-15 and 88-16 of this chapter, 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) 
Review all development permits for compliance with the provisions of § 88-15E, Encroachments.
B. 
Use of other base flood and floodway data.
(1) 
When the Federal Emergency Management Agency has designated areas of special flood hazard on the community's Flood Insurance Rate Map (FIRM) in accordance with § 88-6, Basis for establishing areas of special flood hazard, but has neither produced water surface elevation data (areas 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 § 88-15D(4), in order to administer § 88-16, Specific standards for flood hazard reduction, and § 88-17, Floodways, and to establish the 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. 
Information to be obtained and maintained. The local administrator shall:
(1) 
Obtain and record the actual elevation, in relation to mean sea level, of the lowest floor, including basement or cellar of all new or substantially improved structures and whether or not the structure contains a basement or cellar.
(2) 
For all new or substantially improved floodproofed structures:
(a) 
Obtain and record the actual elevation, in relation to mean sea level, to which the structure has been floodproofed.
(b) 
Maintain the floodproofing certifications required in §§ 88-15 and 88-16.
(c) 
Maintain for public inspection all records pertaining to the provisions of this chapter, including permits, variances, when granted, certificates of compliance and all notices required by § 88-14D of this chapter.
D. 
Alteration of watercourses.
(1) 
Notification to adjacent communities and the New York State Department of Conservation prior to permitting any alteration or relocation of a watercourse and submittal of such notification to the Regional Director, Region II, Federal Emergency Management Agency, shall be made prior to the issuance of any permit.
(2) 
The local administrator shall determine that the applicant or permit holder has provided for maintenance within the altered or relocated portion, of said watercourse so that the flood-carrying capacity is not diminished.
E. 
Interpretation of FHBM, FIRM or FBFM boundaries.
(1) 
The local administrator shall have the authority to make interpretations when there appears to be a conflict between the limits of the federally identified areas of special flood hazard and actual field conditions.
(2) 
Base flood elevation data established pursuant to §§ 88-6 and/or 88-14B, when available, shall be used to accurately delineate the areas of special flood hazard.
(3) 
The local administrator shall use flood hazard information from any other authoritative source, including historical data, to establish the limits of the areas of special flood hazard when base flood elevations are not available.
F. 
Stop-work orders.
(1) 
All floodplain development found ongoing without an approved permit shall be subject to the issuance of a stop-work order by the local administrator. Disregard of a stop-work order shall be subject to the penalties described in § 88-8 of this chapter.
(2) 
All floodplain development found noncompliant with the provisions of this chapter and/or the conditions of the approved permit shall be subject to the issuance of a stop-work order by the local administrator. Disregard of a stop-work order shall be subject to the penalties described in § 88-8 of this chapter.
G. 
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 that the development is in compliance with the requirements of the floodplain development permit, the conditions of any variance and all other applicable requirements of this chapter.
H. 
Certificate of compliance.
(1) 
It shall be unlawful to use or 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 and/or land conforms to the requirements of either the development permit or the approved variance.
(2) 
All other development occurring within the area of special flood hazard will have, upon satisfactory completion, a certificate of compliance issued by the local administrator.
(3) 
All certificates shall be based upon the inspections conducted subject to § 88-14G and/or any certified elevations, hydraulic data, floodproofing, anchoring requirements or encroachment analyses which may have been required as conditions of the approved permit.
A. 
Anchoring.
(1) 
All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure during flood. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces.
(2) 
All manufactured homes shall be installed using methods and practices which minimize flood damage. Manufactured homes must be elevated and anchored to resist flotation, collapse or lateral movement. Methods of anchoring may include, but are not to be limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces.
B. 
Construction materials and methods.
(1) 
All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.
(2) 
All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.
(3) 
For enclosed areas below the lowest floor of a structure within Zones A1-30, 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 useable 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.
(a) 
Designs for meeting this requirement must either be certified by a licensed professional engineer or architect or meet or exceed the following minimum criteria:
[1] 
A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; and
[2] 
The bottom of all such openings no higher than one foot (11) above the lowest adjacent finished grade.
(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. Enclosed areas subgrade on all sides are considered basements and are not permitted.
C. 
Utilities.
(1) 
Electrical junction and breaker panels, heating, ventilation, plumbing, air-conditioning equipment, hot water heaters, appliances, elevator lift machinery and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. When designed for location below the base flood elevation, a professional engineer's or architect's certification is required.
(2) 
All 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 prevention valves or other backflow prevention 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.
D. 
Subdivision proposals. In addition to the provisions of Chapter 149 of the South Bristol Town Code, the following standards apply to all new subdivision proposals and other proposed development, including manufactured home and recreational vehicle parks and subdivisions in areas of special flood hazard.
(1) 
All subdivision proposals shall be consistent with the need to minimize flood damage.
(2) 
All subdivision proposals shall have public utilities and facilities, such as sewer, gas, electrical and water systems, located and constructed to minimize flood damage.
(3) 
All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage.
(4) 
Base flood elevation data shall be provided for subdivision proposals and other proposed developments (including proposals for manufactured home parks and subdivisions).
E. 
Encroachments.
(1) 
Within Zones A1-A30 and AE, on streams without a regulatory floodway, no new construction, substantial improvements or other development, including fill, shall be permitted unless:
(a) 
The applicant demonstrates that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any location; or
(b) 
The Town of South Bristol agrees to apply to the Federal Emergency Management Agency (FEMA) for a conditional FIRM revision, FEMA approval is received and the applicant provides all the necessary data, analyses and mapping and reimburses the Town of South Bristol 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 South Bristol 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 applicable Flood Insurance Rate Map, 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 South Bristol 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 South Bristol 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 South Bristol for all costs related to the final map revisions.
A. 
Residential construction.
(1) 
Within Zones A1-A30, AE and AH, and also Zone A if base flood elevation data are available, new construction and substantial improvements of any residential structure shall have the lowest floor, including basement or cellar, elevated two feet or more above the base flood elevation.
(2) 
Within Zone A, when no base flood elevation data is available, new and substantially improved structures shall have the lowest floor, including basement, elevated at least three feet above the highest adjacent grade.
(3) 
Within Zone AO, new and substantially improved structures shall have the lowest floor, including basement, elevated above the highest adjacent grade at least as high as the depth number specified in feet on the community's Flood Insurance Rate Map, or at least two feet above the highest adjacent grade if no depth number is specified.
(4) 
Within Zones AH and AO, adequate drainage paths are required to guide floodwaters around and away from proposed structures on slopes.
B. 
Nonresidential construction. The following standards apply to new and substantially improved commercial, industrial and other nonresidential structures:
(1) 
Within Zones A1-A30, AE and AH, and also Zone A if base flood elevation data are available, new construction and substantial improvements of any nonresidential structure, together with attendant utility and sanitary facilities, shall either:
(a) 
Have the lowest floor, including basement or cellar, elevated two feet or more above the base flood elevation; or
(b) 
Be floodproofed so that the structure is watertight below a level two feet or more above the base flood level with walls substantially impermeable to the passage of water. All structural components located below the base flood level must be capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy.
(2) 
Within Zone AO, new construction and substantial improvements of nonresidential structures shall:
(a) 
Have the lowest floor, including basement or cellar, elevated above the highest adjacent grade at least as high as the depth number specified in feet on the community's FIRM, or at least two feet or more above the highest adjacent grade if no depth number is specified; or
(b) 
Together with attendant utility and sanitary facilities, be completely floodproofed to that level to meet the floodproofing standard specified in § 88-16B(1)(b).
(3) 
If the structure is to be floodproofed, a licensed professional engineer or architect shall develop and/or review structural design specifications and plans for the construction. A floodproofing certificate or other certification shall be provided to the local administrator that certifies that the design and methods of construction are in accordance with accepted standards of practice to make the structure watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy, and a licensed professional engineer or licensed land surveyor shall certify the specific elevation (in relation to mean sea level) to which the structure is to be floodproofed.
(4) 
Within Zones AH and AO, adequate drainage paths are required to guide flood waters around and away from proposed structures on slopes.
(5) 
Within Zone A, when no base flood elevation data are available, the lowest floor, including basement shall be elevated at least three feet above the highest adjacent grade.
C. 
Manufactured homes and recreational vehicles.
(1) 
Within Zones A1-A30, AE and AH, recreational vehicles shall either:
(a) 
Be on site less than 180 consecutive days;
(b) 
Be fully licensed and ready for highway use; or
(c) 
Meet the requirements for manufactured homes.
(2) 
A manufactured home that is placed or substantially improved in Zones A1-A30, AE and AH, 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; or in an expansion to 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 be elevated on a permanent foundation such that the lowest floor is elevated two feet or more above the base flood elevation and is 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.
(3) 
A manufactured home to be placed or substantially improved in Zone A1-A30, AE and AH 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:
(a) 
Elevated in a manner such as required in § 88-16C(2); or
(b) 
Elevated such that the manufactured home chassis is supported by reinforced concrete piers or other foundation elements of at least equivalent strength that are not less than three feet in height above grade and are securely anchored to an adequately anchored foundation system to resist flotation, collapse or lateral movement. Elevation on piers of dry stacked blocks is prohibited.
(4) 
Within Zone A, when no base flood elevation data is available, new and substantially improved manufactured homes shall be elevated such that the manufactured home chassis is supported by reinforced concrete piers or other foundation elements of at least equivalent strength that are not less than three feet 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 of dry stacked blocks is prohibited.
(5) 
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 or at least two feet if no depth number is specified. Elevation on piers of dry stacked blocks is prohibited.
Located within areas of special flood hazard are areas designated as floodways. (See definition in § 88-4). The floodway is an extremely hazardous area due to high-velocity floodwaters carrying debris and posing additional threats from potential erosion forces. When floodway data is available for a particular site as provided by § 88-14B, all encroachments including fill, new construction, substantial improvements and other development are prohibited within the limits of the floodway unless a technical evaluation demonstrates that such encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.
A. 
The Zoning Board of Appeals, as established by resolution of the Town Board, 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 that there is an error in any requirements, 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 flood 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 and maintenance of 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 § 88-18D 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 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided that the provisions of § 88-18D(1) through D(12) have been fully considered for lots greater than 1/2 acre. Additional technical justification data may be required for issuing the variance.
B. 
Variances may be issued for the reconstruction, rehabilitation or restoration of structures and contributing structures listed on the National Register of Historic Places or the State Inventory of Historic Places without regard to the procedures set forth in this chapter upon determination that:
(1) 
The proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure.
(2) 
The variance is the minimum necessary to preserve the historic character and design of the structure.
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:
(1) 
The criteria of Subsections A, D, E, and F of this section are met.
(2) 
The structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.
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 unnecessary hardship to the applicant; and
(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 that the cost of flood insurance will be commensurate with the increased risk.