[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.]
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.
APPEAL
AREA OF SHALLOW FLOODING
AREA OF SPECIAL FLOOD HAZARD
BASE FLOOD
BASEMENT
BREAKAWAY WALL
BUILDING
CELLAR
COSTAL HIGH-HAZARD AREA
CRAWL SPACE
DEVELOPMENT
ELEVATED BUILDING
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
EXPANSION OF AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
FEDERAL EMERGENCY MANAGEMENT AGENCY
FLOOD BOUNDARY AND FLOODWAY MAP (FBFM)
FLOOD ELEVATION STUDY
FLOOD HAZARD BOUNDARY MAP (FHBM)
FLOOD INSURANCE RATE MAP (FIRM)
FLOOD INSURANCE STUDY
FLOOD OR FLOODING
(1)
(2)
FLOODPLAIN or FLOODPRONE AREA
FLOODPROOFING
FLOODWAY
FLOOR
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
MODULAR HOME
NATIONAL GEODETIC VERTICAL DATUM (NGVD)
NEW CONSTRUCTION
NEW MANUFACTURED HOME PARK OR SUBDIVISION
ONE-HUNDRED-YEAR FLOOD
PRINCIPALLY ABOVE GROUND
RECREATIONAL VEHICLE
(1)
(2)
(3)
(4)
REGULATORY FLOODWAY
SAND DUNES
START OF CONSTRUCTION
STRUCTURE
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
(1)
(2)
VARIANCE
WATERCOURSE
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 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.
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."
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.
Any structure built for support, shelter or enclosure for
occupancy or storage.
The same meaning as "basement."
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.
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.
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-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.
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.
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.
An official map of a community, issued by the Federal Emergency
Management Agency, where the boundaries of the areas of special flood
hazard have been designated as "Zone A" but no flood elevations are
provided.
An official map of a community on which the Federal Emergency
Management Agency has delineated both the areas of special flood hazard
and the risk premium zones applicable to the community.
The 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.")
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.
Any land area susceptible to being inundated by water from
any source. (See "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."
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.
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.
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.
Individually listed on a local inventory of
historic places in communities with historic preservation programs
that have been certified either:
The person appointed by the community to administer and implement
this chapter by granting or denying development permits in accordance
with its provisions.
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.
A parcel or contiguous parcels of land divided into two 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," Subsection (1)(a).
The same meaning as "manufactured home," Subsection (1)(b).
As corrected in 1929, a vertical control used as a reference
for establishing varying elevations within the floodplain.
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.
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.
The same meaning as "base flood."
At least 51% of the actual cash value of the structure only
is above ground.
A vehicle which is:
Built on a single chassis;
Four hundred square feet or less when measured
at the largest horizontal projections;
Designed to be self-propelled or permanently
towable by a light-duty vehicle; and
Not deemed 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 § 88-14B of this chapter.
Naturally occurring accumulations of sand in ridges or mounds
landward of the beach.
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.
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.
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% of the market value of the structure before the
damage occurred.
Any 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:
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.
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.
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.
[Amended 6-14-2021 by L.L. No. 3-2021]
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. 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.
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.
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.
(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.
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:
(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.
(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:
(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:
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 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.
