[HISTORY: Adopted by the Board of Trustees
of the Village of Kings Point 6-16-1987 by L.L. No. 5-1987; amended in its entirety 5-7-2009 by L.L. No.
2-2009. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Coastal erosion hazard areas — See Ch. 66.
Environmental quality review — See Ch. 75.
Fire prevention and building construction — See Ch. 84.
Freshwater wetlands — See Ch. 91.
Land development — See Ch. 100.
Stormwater management — See Ch. 133.
Subdivision of land — See Ch. 137.
Waterways — See Ch. 157.
Zoning — See Ch. 161.
A.
Findings. The Board of Trustees of the Village of
Kings Point finds that the potential and/or actual damages from flooding
and erosion may be a problem to the residents of the of the Village
of Kings Point 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.
B.
Statement of purpose. 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:
(1)
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;
(2)
Require that uses vulnerable to floods, including
facilities which serve such uses, be protected against flood damage
at the time of initial construction;
(3)
Control the alteration of natural floodplains, stream
channels, and natural protective barriers which are involved in the
accommodation of floodwaters;
(4)
Control filling, grading, dredging and other development
which may increase erosion or flood damages;
(5)
Regulate the construction of flood barriers which
will unnaturally divert floodwaters or which may increase flood hazards
to other lands; and
(6)
Qualify for and maintain participation in the National
Flood Insurance Program.
C.
Objectives. The objectives of this chapter are to:
(1)
Protect human life and health;
(2)
Minimize expenditure of public money for costly flood
control projects;
(3)
Minimize the need for rescue and relief efforts associated
with flooding and generally undertaken at the expense of the general
public;
(4)
Minimize prolonged business interruptions;
(5)
Minimize damage to public facilities and utilities
such as water and gas mains, electric, telephone, sewer lines, streets
and bridges located in areas of special flood hazard;
(6)
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;
(7)
Provide that developers are notified that property
is in an area of special flood hazard; and
(8)
Ensure that those who occupy the areas of special
flood hazard assume responsibility for their actions.
A.
Unless specifically defined below, words or phrases
used in this chapter shall be interpreted so as to give them the meaning
they have in common usage and to give this chapter its most reasonable
application.
B.
APPEAL
AREA OF SHALLOW FLOODING
AREA OF SPECIAL FLOOD HAZARD
BASE FLOOD
BASEMENT
BREAKAWAY WALL
BUILDING
CELLAR
COASTAL HIGH HAZARD AREA
CRAWL SPACE
DEVELOPMENT
ELEVATED BUILDING
(1)
(a)
(b)
(2)
(3)
FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA)
FLOOD or FLOODING
(1)
(2)
FLOOD BOUNDARY AND FLOODWAY MAP (FBFM)
FLOOD ELEVATION STUDY
FLOOD HAZARD BOUNDARY MAP (FHBM)
FLOOD INSURANCE RATE MAP (FIRM)
FLOOD INSURANCE STUDY
FLOODPLAIN or FLOOD-PRONE AREA
FLOODPROOFING
FLOODWAY
FUNCTIONALLY DEPENDENT USE
HIGHEST ADJACENT GRADE
HISTORIC STRUCTURE
(1)
(2)
(3)
(4)
LOCAL ADMINISTRATOR
LOWEST FLOOR
MANUFACTURED HOME
MANUFACTURED HOME PARK OR SUBDIVISION
MEAN SEA LEVEL
MOBILE HOME
NEW CONSTRUCTION
ONE-HUNDRED-YEAR FLOOD or 100-YEAR FLOOD
PRIMARY FRONTAL DUNE
PRINCIPALLY ABOVE GROUND
RECREATIONAL VEHICLE
(1)
(2)
(3)
(4)
REGULATORY FLOODWAY
SAND DUNES
START OF CONSTRUCTION
STRUCTURE
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
(1)
(2)
VARIANCE
VILLAGE
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 where velocity flow may be evident. Such flooding is characterized
by ponding or sheet flow.
The land in the floodplain within a community subject to
a one-percent-or-greater chance of flooding in any given year. This
area may be designated as Zone A, AE, AH, AO, A1-A30, A99, V, VO,
VE, or V1-V30. It is also commonly referred to as the base floodplain
or one-hundred-year floodplain. For purposes of this chapter, the
term "special flood hazard area (SFHA)" is synonymous in meaning with
the phrase "area of special flood hazard."
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.
Has the same meaning as "structure."
Has the same meaning as "basement."
An area of special flood hazard extending from offshore to
the inland limit of a primary frontal dune along an open coast and
any other area subject to high velocity wave action from storms or
seismic sources. The area is designated on a FIRM as Zone Vl-V30,
VE, VO or V.
An enclosed area beneath the lowest elevated floor, eighteen
inches or more in height, which is used to service the underside of
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 V1-30, VE, or V, to have
the bottom of the lowest horizontal structure member of the elevated
floor, elevated above the ground level by means of pilings, columns
(posts and piers), or shear walls parallel to the flow of the water;
and
Adequately anchored so as not to impair the
structural integrity of the building during a flood of up to the magnitude
of the base flood.
In the case of Zones A1-A30, AE, A, A99, AO,
AH, B, C, X, or D, "elevated building" also includes a building elevated
by means of fill or solid foundation perimeter walls with openings
sufficient to facilitate the unimpeded movement of floodwaters.
In the case of Zones V1-V30, VE, or V, "elevated
building" also includes a building otherwise meeting the definition
of "elevated building," even though the lower area is enclosed by
means of breakaway walls that meet the federal standards.
The Federal agency that administers the National Flood Insurance
Program.
The collapse or subsidence of land along the
shore of a lake or other body of water as a result of erosion or undermining
caused by waves or currents of water exceeding anticipated cyclical
levels or suddenly caused by an unusually high water level in a natural
body of water, accompanied by a severe storm, or by an unanticipated
force of nature, such as a flash flood or an abnormal tidal surge,
or by some similarly unusual and unforeseeable event which results
in flooding as defined in (1)(a) above.
An official map of the Village published by FEMA 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 FEMA, 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 FEMA has delineated
both the areas of special flood hazard and the risk premium zones
applicable to the Village.
Has the same meaning as "flood elevation study."
Any land area susceptible to being inundated by water from
any source. (See definition of "flooding.")
Any combination of structural and nonstructural additions,
changes, or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures, and their contents.
Has the same meaning as "regulatory floodway".
A use which cannot perform its intended purpose unless it
is located or carried out in close proximity to water, such as a docking
or port facility necessary for the loading and unloading of cargo
or passengers, shipbuilding, and ship repair facilities. The term
does not include long-term storage, manufacturing, sales, or service
facilities.
The highest natural elevation of the ground surface, prior
to construction, next to the proposed walls of a structure.
Any structure that is:
Listed individually in the National Register
of Historic Places (a listing maintained by the Department of the
Interior) or preliminarily determined by the Secretary of the Interior
as meeting the requirements for individual listing on the National
Register;
Certified or preliminarily determined by the
Secretary of the Interior as contributing to the historical significance
of a registered historic district or a district preliminarily determined
by the Secretary to qualify as a registered historic district;
Individually listed on a state inventory of
historic places in states with historic preservation programs which
have been approved by the Secretary of the Interior; or
Individually listed on a local inventory of
historic places in communities with historic preservation programs
that have been certified either:
The Building Inspector of the Village.
The lowest floor of the lowest enclosed area (including basement
or cellar). An unfinished or flood-resistant enclosure, usable solely
for parking of vehicles, building access, or storage in an area other
than a basement area is not considered a building's lowest floor,
provided that such enclosure is not built so as to render the structure
in violation of the applicable nonelevation design requirements of
this chapter.
A structure, transportable in one or more sections, which
is built on a permanent chassis and designed to be used with or without
a permanent foundation when connected to the required utilities. The
term does not include a "recreational vehicle."
A parcel (or contiguous parcels) of land divided into two
or more manufactured home lots for rent or sale.
The National Geodetic Vertical Datum (NGVD) of l929, the
North American Vertical Datum of 1988 (NAVD 88), or other datum to
which base flood elevations shown on a community's Flood Insurance
Rate Map are referenced.
Has the same meaning as "manufactured home."
Structures for which the "start of construction" commenced
on or after the effective date of a floodplain management regulation
adopted by the Village and includes any subsequent improvements to
such structure.
Has the same meaning as "base flood."
A continuous or nearly continuous mound or ridge of sand
with relatively steep seaward and landward slopes immediately landward
and adjacent to the beach and subject to erosion and overtopping from
high tides and waves during major coastal storms. The inland limit
of the primary frontal dune occurs at the point where there is a distinct
change from a relatively steep slope to a relatively mild slope.
At least 51% of the actual cash value of the structure, excluding
land value, is above ground.
A vehicle which is:
Built on a single chassis;
Four hundred square feet or less when measured
at the largest horizontal projections;
Designed to be self-propelled or permanently
towable by a light duty truck; and
Not designed primarily for use as a permanent
dwelling, but as temporary living quarters for recreational, camping,
travel, or seasonal use.
The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height as determined by FEMA in a Flood Insurance Study or by other agencies as provided in § 88-4D(2).
Naturally occurring accumulations of sand in ridges or mounds
landward of the beach.
The date of permit issuance for new construction and substantial
improvements to existing structures, provided that actual start of
construction, repair, reconstruction, rehabilitation, addition placement,
or other improvement is within 180 days after the date of issuance.
The actual start of construction means the first placement of permanent
construction of a building (including a manufactured home) on a site,
such as the pouring of a slab or footings, installation of pilings,
or construction of columns. Permanent construction does not include
land preparation (such as clearing, excavation, grading, or filling),
or the installation of streets or walkways, or excavation for a basement,
footings, piers, or foundations, or the erection of temporary forms,
or the installation of accessory buildings such as garages or sheds
not occupied as dwelling units or not part of the main building. For
a substantial improvement, the actual "start of construction" means
the first alteration of any wall, ceiling, floor, or other structural
part of a building, whether or not that alteration affects the external
dimensions of the building.
A walled and roofed building, including a gas or liquid storage
tank that is principally above ground, as well as a manufactured home.
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% of the market value of the structure before the
damage occurred.
Any reconstruction, rehabilitation, addition, or other improvement
of a structure, the cost of which equals or exceeds 50% of the market
value of the structure before the "start of construction" of the improvement.
The term includes structures which have incurred "substantial damage,"
regardless of the actual repair work performed. The term does not,
however, include either:
Any project for improvement of a structure to
correct existing violations of state or local health, sanitary, or
safety code specifications which have been identified by the local
code enforcement official and which are the minimum necessary to assure
safe living conditions; or
Any alteration of a "historic structure," provided
that the alteration will not preclude the structure's continued designation
as a "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.
Village of Kings Point in Nassau County, New York.
A.
Lands to which this chapter applies. This chapter
shall apply to all areas of special flood hazard within the jurisdiction
of Village.
B.
Basis for establishing the areas of special flood
hazard.
(1)
The areas of special flood hazard for the Village,
Community Number 360473, are identified and defined on the following
documents prepared by FEMA:
(a)
Flood Insurance Rate Map Panel Numbers: 36059C0084G,
36059C0092G, 36059C0103G, 36059C0104G, 36059C0111G, 36059C0112G, the
effective date of which is September 11, 2009, and any subsequent
revisions to these map panels that do not affect areas under the Village's
jurisdiction.
(b)
A scientific and engineering report entitled
"Flood Insurance Study, Nassau County, New York, All Jurisdictions,"
dated September 11, 2009.
(c)
Letter
of Map Revision, Case Number 19-02-0330P, effective August 5, 2020,
amending Flood Insurance Rate Map Panel 36059C0203G.
[Added 6-15-2021 by L.L. No. 16-2021]
(2)
The above documents are hereby adopted and declared
to be a part of this chapter. The Flood Insurance Study and/or maps
are on file in the office of the Village Clerk, 32 Steppingstone Lane,
Kings Point, NY 11024.
C.
Interpretation and conflict with other laws.
(1)
This chapter includes all revisions to the National
Flood Insurance Program through October 27, 1997, and shall supersede
all previous laws adopted for the purpose of flood damage prevention.
(2)
In their interpretation and application, the provisions
of this chapter shall be held to be minimum requirements, adopted
for the promotion of the public health, safety, and welfare. Whenever
the requirements of this chapter are at variance with the requirements
of any other lawfully adopted rules, regulations, or ordinances, the
most restrictive, or that imposing the higher standards, shall govern.
D.
Severability. The invalidity of any section or provision
of this chapter shall not invalidate any other section or provision
thereof.
E.
Penalties for noncompliance. No structure in an area of special flood hazard shall hereafter be constructed, located, extended, converted, or altered and no land shall be excavated or filled without full compliance with the terms of this chapter and any other applicable regulations. Any infraction of the provisions of this chapter by failure to comply with any of its requirements, including infractions of conditions and safeguards established in connection with conditions of the permit, shall constitute a violation. Any person who violates this chapter or fails to comply with any of its requirements shall, upon conviction thereof, be fined no more than $250 or imprisoned for not more than l5 days or both. Each day of noncompliance shall be considered a separate offense. Nothing herein contained shall prevent the Village from taking such other lawful action as necessary to prevent or remedy an infraction. Any structure found not compliant with the requirements of this chapter for which the developer and/or owner has not applied for and received an approved variance under § 88-6 will be declared noncompliant and notification sent to FEMA.
F.
Warning and disclaimer of liability. The degree of
flood protection required by this chapter is considered reasonable
for regulatory purposes and is based on scientific and engineering
considerations. Larger floods can and will occur on rare occasions.
Flood heights may be increased by man-made or natural causes. This
chapter does not imply that land outside the area of special flood
hazards or uses permitted within such areas will be free from flooding
or flood damages. This chapter shall not create liability on the part
of the Village, any officer or employee thereof, or FEMA, for any
flood damages that result from reliance on this chapter or any administrative
decision lawfully made thereunder.
A.
Designation of the local administrator. The Building
Inspector of the Village is hereby appointed local administrator to
administer and implement this chapter by granting or denying floodplain
development permits in accordance with its provisions.
B.
The floodplain development permit.
(1)
Purpose. A floodplain development permit is hereby established for all construction and other development to be undertaken in areas of special flood hazard in the Village for the purpose of protecting its citizens from increased flood hazards and ensuring that new development is constructed in a manner that minimizes its exposure to flooding. It shall be unlawful to undertake any development in an area of special flood hazard, as shown on the Flood Insurance Rate Map enumerated in § 88-3B, without a valid floodplain development permit. Application for a permit shall be made on forms furnished by the local administrator and may include, but not be limited to, plans, in duplicate, drawn to scale and showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing.
(2)
Fees. All applications for a floodplain development
permit shall be accompanied by an application fee to be set from time
to time by resolution of the Board of Trustees. In addition, the applicant
shall be responsible for reimbursing the Village for any additional
costs necessary for review, inspection, and approval of this project,
as required, from time to time by resolution of the Board of Trustees.
The local administrator may require a deposit of no more than $500
to cover these additional costs.
C.
Application for a permit. The applicant shall provide
the following information as appropriate. Additional information may
be required on the permit application form.
(1)
The proposed elevation, in relation to mean sea level,
of the lowest floor (including basement or cellar) of any new or substantially
improved structure to be located in Zones A1-A30, AE, or AH, or Zone
A if base flood elevation data are available. Upon completion of the
lowest floor, the permittee shall submit to the local administrator
the as-built elevation, certified by a licensed professional engineer
or surveyor.
(2)
The proposed elevation, in relation to mean sea level,
of the bottom of the lowest structural member of the lowest floor
(excluding pilings and columns) of any new or substantially improved
structure to be located in Zones V1-V30 or VE, or Zone V if base flood
elevation data are available. Upon completion of the lowest floor,
the permittee shall submit to the local administrator the as-built
elevation, certified by a licensed professional engineer or surveyor.
(3)
The proposed elevation, in relation to mean sea level,
to which any new or substantially improved nonresidential structure
will be floodproofed. Upon completion of the floodproofed portion
of the structure, the permittee shall submit to the local administrator
the as-built floodproofed elevation, certified by a professional engineer
or surveyor.
(4)
A certificate from a licensed professional engineer or architect that any utility floodproofing will meet the criteria in § 88-5B(3).
(5)
A certificate from a licensed professional engineer or architect that any nonresidential floodproofed structure will meet the floodproofing criteria in § 88-5E.
(6)
A description of the extent to which any watercourse will be altered or relocated as a result of proposed development. Computations by a licensed professional engineer must be submitted that demonstrate that the altered or relocated segment will provide equal or greater conveyance than the original stream segment. The applicant must submit any maps, computations, or other material required by FEMA to revise the documents enumerated in § 88-3B, when notified by the local administrator, and must pay any fees or other costs assessed by FEMA for this purpose. The applicant must also provide assurances that the conveyance capacity of the altered or relocated stream segment will be maintained.
(7)
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.
(8)
In Zone A, when no base flood elevation data are available
from other sources, base flood elevation data shall be provided by
the permit applicant for subdivision proposals and other proposed
developments (including proposals for manufactured home and recreational
vehicle parks and subdivisions) that are greater than either 50 lots
or five acres.
(9)
In Zones V1-V30 and VE, and also Zone V if base flood
elevation are available, designs and specifications, certified by
a licensed professional engineer or architect, for any breakaway walls
in a proposed structure with design strengths in excess of 20 pounds
per square foot.
(10)
In Zones V1-V30 and VE, and also Zone V if base flood
elevation are available, for all new and substantial improvements
to structures, floodplain development permit applications shall be
accompanied by design plans and specifications, prepared in sufficient
detail to enable independent review of the foundation support and
connection components. Said plans and specifications shall be developed
or reviewed by a licensed professional engineer or architect, and
shall be accompanied by a statement, bearing the signature of the
architect or engineer, certifying that the design and methods of construction
to be used are in accordance with accepted standards of practice and
with all applicable provisions of this chapter.
D.
Duties and responsibilities of the local administrator.
Duties of the local administrator shall include, but not be limited
to the following.
(1)
Permit application review. The local administrator
shall conduct the following permit application review before issuing
a floodplain development permit:
(a)
Review all applications for completeness, particularly with the requirements of § 88-4C, and for compliance with the provisions and standards of this chapter.
(b)
Review subdivision and other proposed new development, including manufactured home parks to determine whether proposed building sites will be reasonably safe from flooding. If a proposed building site is located in an area of special flood hazard, all new construction and substantial improvements shall meet the applicable standards of § 88-5 and, in particular, § 88-5A(2).
(c)
Determine whether any proposed development in an area of special flood hazard may result in physical damage to any other property (e.g., stream bank erosion and increased flood velocities). The local administrator may require the applicant to submit additional technical analyses and data necessary to complete the determination. If the proposed development may result in physical damage to any other property or fails to meet the requirements § 88-5, 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.
(d)
Determine that all necessary permits have been
received from those governmental agencies from which approval is required
by state or federal law.
(2)
Use of other flood data.
(a)
When FEMA has designated areas of special flood hazard on the Village's Flood Insurance Rate map (FIRM) but has neither produced water surface elevation data (These areas are designated Zone A or V on the FIRM.) nor identified a floodway, the local administrator shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state, or other source, including data developed pursuant to § 88-4C(7) as criteria for requiring that new construction, substantial improvements or other proposed development meet the requirements of this chapter.
(b)
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.
(3)
Alteration of watercourses.
(a)
Notification to adjacent communities and the
New York State Department of Environmental Conservation prior to permitting
any alteration or relocation of a watercourse, and submittal of evidence
of such notification to the Regional Director, Region II, Federal
Emergency Management Agency.
(b)
Determine that the permit holder has provided
for maintenance within the altered or relocated portion of said watercourse
so that the flood-carrying capacity is not diminished.
(4)
Construction stage.
(a)
In Zones A1-A30, AE, and AH, and also Zone A
if base flood elevation data are available, upon placement of the
lowest floor or completion of floodproofing of a new or substantially
improved structure, obtain from the permit holder a certification
of the as-built elevation of the lowest floor or floodproofed elevation,
in relation to mean sea level. The certificate shall be prepared by
or under the direct supervision of a licensed land surveyor or professional
engineer and certified by same. For manufactured homes, the permit
holder shall submit the certificate of elevation upon placement of
the structure on the site. A certificate of elevation must also be
submitted for a recreational vehicle if it remains on a site for 180
consecutive days or longer (unless it is fully licensed and ready
for highway use).
(b)
In Zones V1-V30 and VE, and also Zone V if base
flood elevation data are available, upon placement of the lowest floor
of a new or substantially improved structure, the permit holder shall
submit to the local administrator a certificate of elevation, in relation
to mean sea level, of the bottom of the lowest structural member of
the lowest floor (excluding pilings and columns). The certificate
shall be prepared by or under the direct supervision of a licensed
land surveyor or professional engineer and certified by same. For
manufactured homes, the permit holder shall submit the certificate
of elevation upon placement of the structure on the site. An elevation
certificate must also be submitted for a recreational vehicle if it
remains on a site 180 consecutive days or longer (unless it is fully
licensed and ready for highway use).
(c)
Any further work undertaken prior to submission
and approval of the certification shall be at the permit holder's
risk. The local administrator shall review all data submitted. Deficiencies
detected shall be cause to issue a stop-work order for the project
unless immediately corrected.
(5)
Inspections. The local administrator and/or the developer's
engineer or architect shall make periodic inspections at appropriate
times throughout the period of construction in order to monitor compliance
with permit conditions and enable said inspector to certify, if requested,
that the development is in compliance with the requirements of the
floodplain development permit and/or any variance provisions.
(6)
Stop-work orders.
(a)
The local administrator shall issue, or cause to be issued, a stop-work order for any floodplain development found ongoing without a development permit. Disregard of a stop-work order shall subject the violator to the penalties described in § 88-3E.
(b)
The local administrator shall issue, or cause to be issued, a stop-work order for any floodplain development found noncompliant with the provisions of this chapter and/or the conditions of the development permit. Disregard of a stop-work order shall subject the violator to the penalties described in § 88-3E.
(7)
Certificate of compliance.
(a)
In areas of special flood hazard, as determined by documents enumerated in § 88-3B, it shall be unlawful to occupy or to permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure until a certificate of compliance has been issued by the local administrator stating that the building or land conforms to the requirements of this chapter.
(b)
A certificate of compliance shall be issued
by the local administrator upon satisfactory completion of all development
in areas of special flood hazard.
(8)
Information to be retained. The local administrator
shall retain and make available for inspection, copies of the following:
(a)
Floodplain development permits and certificates
of compliance;
(b)
Certifications of as-built lowest floor elevations of structures, required pursuant to § 88-4D(4)(a) and (b), and whether or not the structures contain a basement;
(c)
Floodproofing certificates required pursuant to § 88-4D(4)(a), and whether or not the structures contain a basement;
A.
General standards. The following standards apply to new development, including new and substantially improved structures, in the areas of special flood hazard shown on the Flood Insurance Rate Map designated in § 88-3B.
(1)
Coastal high hazard areas. The following requirements
apply within Zones V1-V30, VE, and V:
(a)
All new construction, including manufactured
homes and recreational vehicles on site 180 days or longer and not
fully licensed for highway use, shall be located landward of the reach
of high tide.
(b)
The use of fill for structural support of buildings,
manufactured homes or recreational vehicles on site 180 days or longer
is prohibited.
(c)
Man-made alteration of sand dunes which would
increase potential flood damage is prohibited.
(2)
Subdivision proposals. The following standards apply
to all new subdivision proposals and other proposed development in
areas of special flood hazard (including proposals for manufactured
home and recreational vehicle parks and subdivisions):
(a)
Proposals shall be consistent with the need
to minimize flood damage;
(b)
Public utilities and facilities such as sewer,
gas, electrical, and water systems shall be located and constructed
so as to minimize flood damage; and,
(c)
Adequate drainage shall be provided to reduce
exposure to flood damage.
(3)
Encroachments.
(a)
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:
[1]
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
[2]
The Village agrees to apply to FEMA for a conditional
FIRM revision, FEMA approval is received and the applicant provides
all necessary data, analyses, and mapping and reimburses the Village
for all fees and other costs in relation to the application. The applicant
must also provide all data, analyses and mapping and reimburse the
Village for all costs related to the final map revision.
(b)
On streams with a regulatory floodway, as shown on the Flood Boundary and Floodway Map or the Flood Insurance Rate Map adopted in § 88-3B, no new construction, substantial improvements or other development in the floodway (including fill) shall be permitted unless:
[1]
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
[2]
The Village agrees to apply to 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
Village for all fees and other costs in relation to the application.
The applicant must also provide all data, analyses, and mapping and
reimburse the Village for all costs related to the final map revisions.
B.
Standards for all structures.
(1)
Anchoring. New structures and substantial improvement
to structures in areas of special flood hazard shall be anchored to
prevent flotation, collapse, or lateral movement during the base flood.
This requirement is in addition to applicable state and other Village
anchoring requirements for resisting wind forces.
(2)
Construction materials and methods.
(a)
New construction and substantial improvements
to structures shall be constructed with materials and utility equipment
resistant to flood damage.
(b)
New construction and substantial improvements
to structures shall be constructed using methods and practices that
minimize flood damage.
(c)
Enclosed areas.
[1]
For enclosed areas below the lowest floor of
a structure within Zones A1-A30, AE, or AH, and also Zone A if base
flood elevation data are available, new and substantially improved
structures shall have fully enclosed areas below the lowest floor
that are 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.
Designs for meeting this requirement must either be certified by a
licensed professional engineer or architect or meet or exceed the
following minimum criteria:
[2]
Openings may be equipped with louvers, valves,
screens, or other coverings or devices provided they permit the automatic
entry and exit of floodwaters. Enclosed areas subgrade on all sides
are considered basements and are not permitted.
(d)
Within Zones V1-V30 and VE, and also within
Zone V if base flood elevation are available, new construction and
substantial improvements shall have the space below the lowest floor
either free from obstruction or constructed with nonsupporting breakaway
walls, open wood lattice-work, or insect screening intended to collapse
under wind and water loads without causing collapse, displacement,
or other structural damage to the elevated portion of the building
or supporting foundation system. The enclosed space below the lowest
floor shall be used only for parking vehicles, building access or
storage. Use of this space for human habitation is expressly prohibited.
The construction of stairs, stairwells, and elevator shafts are subject
to the design requirements for breakaway walls.
(3)
Utilities.
(a)
New and replacement electrical equipment, heating,
ventilating, air conditioning, plumbing connections, and other service
equipment shall be located at or above the base flood elevation or
be designed to prevent water from entering and accumulating within
the components during a flood and to resist hydrostatic and hydrodynamic
loads and stresses. Electrical wiring and outlets, switches, junction
boxes, and panels shall be elevated to or above the base flood elevation
unless they conform to the appropriate provisions of the electrical
part of the Building Code of New York State or the Residential Code
of New York State for location of such items in wet locations;
(b)
New and replacement water supply systems shall
be designed to minimize or eliminate infiltration of floodwaters into
the system;
(c)
New and replacement sanitary sewage systems
shall be designed to minimize or eliminate infiltration of floodwaters.
Sanitary sewer and storm drainage systems for buildings that have
openings below the base flood elevation shall be provided with automatic
backflow valves or other automatic backflow devices that are installed
in each discharge line passing through a building's exterior wall;
and
(d)
On-site waste disposal systems shall be located
to avoid impairment to them or contamination from them during flooding.
C.
Residential structures (except coastal high hazard
areas).
(1)
Elevation. The following standards apply to new and substantially improved residential structures located in areas of special flood hazard, in addition to the requirements in § 88-5A and B.
(a)
Within Zones A1-A30, AE, and AH and also Zone
A if base flood elevation data are available, new construction and
substantial improvements shall have the lowest floor (including basement)
elevated to or above two feet above the base flood elevation.
(b)
Within Zone A, when no base flood elevation
data are available, new and substantially improved structures shall
have the lowest floor (including basement) elevated at least three
feet above the highest adjacent grade.
(c)
Within Zone AO, new and substantially improved structures shall have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as two feet above the depth number specified in feet on the Village's Flood Insurance Rate Map enumerated in § 88-3B (at least two feet if no depth number is specified).
(d)
Within Zones AH and AO, adequate drainage paths
are required to guide floodwaters around and away from proposed structures
on slopes.
D.
Residential structures (coastal high hazard areas). The following standards, in addition to the standards in § 88-5A and B, apply to new and substantially improved residential structures located in areas of special flood hazard shown as Zones V1-V30, VE, or V on the Village's Flood Insurance Rate Map designated in § 88-3B.
(1)
Elevation. New construction and substantial improvements
shall be elevated on pilings, columns, or shear walls such that the
bottom of the lowest horizontal structural member supporting the lowest
elevated floor (excluding columns, piles, diagonal bracing attached
to the piles or columns, grade beams, pile caps, and other members
designed to either withstand storm action or break away without imparting
damaging loads to the structure) is elevated to or above two feet
above base flood elevation so as not to impede the flow of water.
(2)
Determination of loading forces. Structural design
shall consider the effects of wind and water loads acting simultaneously
during the base flood on all building components.
(a)
The structural design shall be adequate to resist
water forces that would occur during the base flood. Horizontal water
loads considered shall include inertial and drag forces of waves,
current drag forces, and impact forces from waterborne storm debris.
Dynamic uplift loads shall also be considered if bulkheads, walls,
or other natural or man-made flow obstructions could cause wave runup
beyond the elevation of the base flood.
(b)
Buildings shall be designed and constructed
to resist the forces due to wind pressure. Wind forces on the superstructure
include windward and leeward forces on vertical walls, uplift on the
roof, internal forces when openings allow wind to enter the house,
and upward force on the underside of the house when it is exposed.
In the design, the wind should be assumed to blow potentially from
any lateral direction relative to the house.
(c)
Wind loading values used shall be those required
by the building code.
(3)
Foundation standards.
(a)
The pilings or column foundation and structure
attached thereto shall be adequately anchored to resist flotation,
collapse, or lateral movement due to the effects of wind and water
pressures acting simultaneously on all building components. Foundations
must be designed to transfer safely to the underlying soil all loads
due to wind, water, dead load, live load and other loads (including
uplift due to wind and water).
(b)
Spread footings and fill material shall not
be used for structural support of a new building or substantial improvement
of an existing structure.
(4)
Pile foundation design.
(a)
The design ratio of pile spacing to pile diameter
shall not be less than 8:1 for individual piles (This shall not apply
to pile clusters located below the design grade.). The maximum center-to-center
spacing of wood piles shall not be more than 12 feet on center under
load bearing sills, beams, or girders.
(b)
Pilings shall have adequate soil penetration
(bearing capacity) to resist the combined wave and wind loads (lateral
and uplift) associated with the base flood acting simultaneously with
typical structure (live and dead) loads, and shall include consideration
of decreased resistance capacity caused by erosion of soil strata
surrounding the piles. The minimum penetration for foundation piles
is to an elevation of five feet below mean sea level (msl) datum if
the base flood elevation (BFE) is +10 msl or less, or to be at least
10 feet below msl if the BFE is greater than +10 msl.
(c)
Pile foundation analysis shall also include
consideration of piles in column action from the bottom of the structure
to the stable soil elevation of the site. Pilings may be horizontally
or diagonally braced to withstand wind and water forces.
(d)
The minimum acceptable sizes for timber piles
are a tip diameter of eight inches for round timber piles and eight
inches by eight inches for square timber piles. All wood piles must
be treated in accordance with requirements of EPEE-C3 to minimize
decay and damage from fungus.
(e)
Reinforced concrete piles shall be cast of concrete
having a twenty-eight-day ultimate compressive strength of not less
than 5,000 pounds per square inch, and shall be reinforced with a
minimum of four longitudinal steel bars having a combined area of
not less than 1% nor more than 4% of the gross concrete area. Reinforcing
for precast piles shall have a concrete cover of not less than 1 1/4
inches for No. 5 bars and smaller and not less than 1 1/2 inches
for No. 6 through No. 11 bars. Reinforcement for piles cast in the
field shall have a concrete cover of not less than two inches.
(f)
Piles shall be driven by means of a pile driver
or drop hammer, jetted, or augered into place.
(g)
Additional support for piles in the form of
bracing may include lateral or diagonal bracing between piles.
(h)
When necessary, piles shall be braced at the
ground line in both directions by a wood timber grade beam or a reinforced
concrete grade beam. These at-grade supports should be securely attached
to the piles to provide support even if scoured from beneath.
(i)
Diagonal bracing between piles, consisting of
two-inch by eight-inch (minimum) members bolted to the piles, shall
be limited in location to below the lowest supporting structural member
and above the stable soil elevation, and aligned in the vertical plane
along pile rows perpendicular to the shoreline. Galvanized steel rods
(minimum diameter of 1/2 inch) or cable type bracing is permitted
in any plane.
(j)
Knee braces, which stiffen both the upper portion
of a pile and the beam-to-pile connection, may be used along pile
rows perpendicular and parallel to the shoreline. Knee braces shall
be two-by-eight lumber bolted to the sides of the pile/beam, or four-by-four-or-larger
braces framed into the pile/beam. Bolting shall consist of two five-eights-inch
galvanized steel bolts (each end) for two-by-eight members, or one
five-eighths-inch lag bolt (each end) for square members. Knee braces
shall not extend more than three feet below the elevation of the base
flood.
(5)
Column foundation design. Masonry piers or poured-in-place
concrete piers shall be internally reinforced to resist vertical and
lateral loads, and be connected with a movement-resisting connection
to a pile cap or pile shaft.
(6)
Connectors and fasteners. Galvanized metal connectors,
wood connectors, or bolts of size and number adequate for the calculated
loads must be used to connect adjoining components of a structure.
Toe nailing as a principal method of connection is not permitted.
All metal connectors and fasteners used in exposed locations shall
be steel, hot-dipped galvanized after fabrication. Connectors in protected
interior locations shall be fabricated from galvanized sheet.
(7)
Beam to pile connections. The primary floor beams
or girders shall span the supports in the direction parallel to the
flow of potential floodwater and wave action and shall be fastened
to the columns or pilings by bolting, with or without cover plates.
Concrete members shall be connected by reinforcement, if cast in place,
or (if precast) shall be securely connected by bolting and welding.
If sills, beams, or girders are attached to wood piling at a notch,
a minimum of two five-eighths-inch galvanized steel bolts or two hot-dipped
galvanized straps 3/16 inch by four inches by 18 inches each bolted
with two one-half-inch lag bolts per beam member shall be used. Notching
of pile tops shall be the minimum sufficient to provide ledge support
for beam members without unduly weakening pile connections. Piling
shall not be notched so that the cross section is reduced below 50%.
(8)
Floor and deck connections.
(a)
Wood two-by-four-inch (minimum) connectors or
metal joist anchors shall be used to tie floor joists to floor beams/girders.
These should be installed on alternate floor joists, at a minimum.
Cross bridging of all floor joists shall be provided. Such cross bridging
may be one-by-three-inch members, placed eight feet on-center maximum,
or solid bridging of same depth as joist at same spacing.
(b)
Plywood should be used for subflooring and attic
flooring to provide good torsional resistance in the horizontal plane
of the structure. The plywood should not be less than three-fourths-inch
total thickness, and should be exterior grade and fastened to beams
or joists with 8d annular or spiral thread galvanized nails. Such
fastening shall be supplemented by the application of waterproof industrial
adhesive applied to all bearing surfaces.
(9)
Exterior wall connections. All bottom plates shall
have any required breaks under a wall stud or an anchor bolt. Approved
anchors will be used to secure rafters or joists and top and bottom
plates to studs in exterior and bearing walls to form a continuous
tie. Continuous fifteen-thirty-seconds-inch-or-thicker plywood sheathing,
overlapping the top wall plate and continuing down to the sill, beam,
or girder, may be used to provide the continuous tie. If the sheets
of plywood are not vertically continuous, then two-by-four nailer
blocking shall be provided at all horizontal joints. In lieu of the
plywood, galvanized steel rods of one-half-inch diameter or galvanized
steel straps not less than one inch wide by one-sixteenth-inch thick
may be used to connect from the top wall plate to the sill, beam,
or girder. Washers with a minimum diameter of three inches shall be
used at each end of the one-half-inch round rods. These anchors shall
be installed no more than two feet from each corner rod, no more than
four feet on center.
(10)
Ceiling joist/rafter connections.
(a)
All ceiling joists or rafters shall be installed
in such a manner that the joists provide a continuous tie across the
rafters. Ceiling joists and rafters shall be securely fastened at
their intersections. A metal or wood connector shall be used at alternate
ceiling joist/rafter connections to the wall top plate.
(b)
Gable roofs shall be additionally stabilized
by installing two-by-four blocking on two-foot centers between the
rafters at each gable end. Blocking shall be installed a minimum of
eight feet toward the house interior from each gable end.
(11)
Projecting members. All cantilevers and other projecting
members must be adequately supported and braced to withstand wind
and water uplift forces. Roof eave overhangs shall be limited to a
maximum of two feet and joist overhangs to a maximum of one foot.
Larger overhangs and porches will be permitted if designed or reviewed
and certified by a registered professional engineer or architect.
(12)
Roof sheathing.
(a)
Plywood, or other wood material, when used as
roof sheathing, shall not be less than 15/32 inch in thickness, and
shall be of exterior sheathing grade or equivalent. All attaching
devices for sheathing and roof coverings shall be galvanized or be
of other suitable corrosion-resistant material.
(b)
All corners, gable ends, and roof overhangs
exceeding six inches shall be reinforced by the application of waterproof
industrial adhesive applied to all bearing surfaces of any plywood
sheet used in the sheathing of such corner, gable end, or roof overhang.
(c)
In addition, roofs should be sloped as steeply
as practicable to reduce uplift pressures, and special care should
be used in securing ridges, hips, valleys, eaves, vents, chimneys,
and other points of discontinuity in the roofing surface.
(13)
Protection of openings. All exterior glass panels,
windows, and doors shall be designed, detailed, and constructed to
withstand loads due to the design wind speed of 75 mph. Connections
for these elements must be designed to transfer safely the design
loads to the supporting structure. Panel widths of multiple panel
sliding glass doors shall not exceed three feet.
(14)
Breakaway wall design standards.
(a)
The breakaway wall shall have a design safe
loading resistance of not less than 10 and not more than 20 pounds
per square foot, with the criterion that the safety of the overall
structure at the point of wall failure be confirmed using established
procedures. Grade beams shall be installed in both directions for
all piles considered to carry the breakaway wall load. Knee braces
are required for front row piles that support breakaway walls.
(b)
Use of breakaway wall strengths in excess of
20 pounds per square foot shall not be permitted unless a registered
professional engineer or architect has developed or reviewed the structural
design and specifications for the building foundation and breakaway
wall components, and certifies that:
[1]
The breakaway walls will fail under water loads
less than those that would occur during the base flood; and
[2]
The elevated portion of the building and supporting
foundation system will not be subject to collapse, displacement, or
other structural damage due to the effects of wind and water loads
acting simultaneously on all building components (structural and nonstructural).
Water loading values used shall be those associated with the base
flood. Wind loading values shall be those required by the building
code.
E.
Nonresidential structures (except coastal high hazard areas). The following standards apply to new and substantially improved commercial, industrial, and other nonresidential structures located in areas of special flood hazard, in addition to the requirements in § 88-5A and B.
(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 to or above two feet above the base flood elevation;
or
(b)
Be floodproofed so that the structure is watertight
below two feet above the base flood elevation with walls substantially
impermeable to the passage of water. All structural components located
below the base flood elevation 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) elevated
above the highest adjacent grade at least as high as two feet above
the depth number specified in feet on the Village's FIRM (at least
two feet if no depth number is specified); or
(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 construction. A floodproofing certificate or other certification shall be provided to the local administrator that certifies the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions of § 88-5E(1)(b), including 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 floodwaters 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.
F.
Nonresidential structures (coastal high hazard areas).
In Zones V1-V30 and VE, and also Zone V if base flood elevations are
available, new construction and substantial improvements of any nonresidential
structure, together with attendant utility and sanitary facilities,
shall have the bottom of the lowest member of the lowest floor elevated
to or above two feet above the base flood elevation. Floodproofing
of structures is not an allowable alternative to elevating the lowest
floor to two feet above the base flood elevation in Zones V1-V30,
VE, and V.
G.
Manufactured homes and recreational vehicles. The following standards in addition to the standards in § 88-5A and B apply, as indicated, in areas of special flood hazard to manufactured homes and to recreational vehicles which are located in areas of special flood hazard.
(1)
(2)
A manufactured home that is placed or substantially
improved in Zones A1-A30, AE, AH, V1-V30, V, and VE shall be elevated
on a permanent foundation such that the lowest floor is elevated to
or above two feet 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.
(3)
Within Zones A or V, when no base flood elevation
data are available, new and substantially improved manufactured homes
shall be elevated such that the manufactured home chassis is supported
by reinforced piers or other foundation elements of at least equivalent
strength that are no less than 36 inches in height above grade and
are securely anchored to an adequately anchored foundation system
to resist flotation, collapse, or lateral movement. Elevation on piers
consisting of dry stacked blocks is prohibited.
(4)
Within Zone AO, the floor shall be elevated above the highest adjacent grade at least as high as the depth number specified on the Flood Insurance Rate Map enumerated in § 88-3B (at least two feet if no depth number is specified). Elevation on piers consisting of dry stacked blocks is prohibited.
A.
Appeals; Board of Appeals.
(1)
The Board of Appeals of the Village (Board of Appeals)
shall hear and decide appeals and requests for variances from the
requirements of this chapter.
(2)
The Board of Appeals shall hear and decide appeals
when it is alleged there is an error in any requirement, decision,
or determination made by the local administrator in the enforcement
or administration of this chapter.
(3)
Those aggrieved by the decision of the Board of Appeals
may appeal such decision to the Supreme Court pursuant to Article
78 of the Civil Practice Law and Rules.
(4)
In passing upon such applications, the Board of Appeals
shall consider all technical evaluations, all relevant factors, standards
specified in other sections of this chapter, and:
(a)
The danger that materials may be swept onto
other lands to the injury of others;
(b)
The danger to life and property due to flooding
or erosion damage;
(c)
The susceptibility of the proposed facility
and its contents to flood damage and the effect of such damage on
the individual owner;
(d)
The importance of the services provided by the
proposed facility to the Village;
(e)
The necessity to the facility of a waterfront
location, where applicable;
(f)
The availability of alternative locations for
the proposed use which are not subject to flooding or erosion damage;
(g)
The compatibility of the proposed use with existing
and anticipated development;
(h)
The relationship of the proposed use to the
comprehensive plan and floodplain management program of that area;
(i)
The safety of access to the property in times
of flood for ordinary and emergency vehicles;
(j)
The costs to local governments and the dangers
associated with conducting search and rescue operations during periods
of flooding;
(k)
The expected heights, velocity, duration, rate
of rise and sediment transport of the floodwaters and the effects
of wave action, if applicable, expected at the site; and
(l)
The costs of providing governmental services
during and after flood conditions, including search and rescue operations,
maintenance and repair of public utilities and facilities such as
sewer, gas, electrical, and water systems and streets and bridges.
(5)
Upon consideration of the factors of § 88-6A(4) and the purposes of this chapter, the Board of Appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
(6)
The local administrator shall maintain the records
of all appeal actions including technical information and report any
variances to FEMA upon request.
B.
Conditions for variances.
(1)
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 elevation, provided § 88-6A(4)(a) through (1) has been fully considered. As the lot size increases beyond the 1/2 acre, the technical justification required for issuing the variance increases.
(2)
Variances may be issued for the repair or rehabilitation
of historic structures upon determination that:
(3)
Variances may be issued by the Board of Appeals for
new construction and substantial improvements and for other development
necessary for the conduct of a functionally dependent use provided
that:
(4)
Variances shall not be issued within any designated
floodway if any increase in flood levels during the base flood discharge
would result.
(5)
Variances shall only be issued upon a determination
that the variance is the minimum necessary, considering the flood
hazard, to afford relief.
(6)
Variances shall only be issued upon receiving written
justification of:
(a)
A showing of good and sufficient cause;
(b)
A determination that failure to grant the variance
would result in exceptional hardship to the applicant; and
(c)
A determination that the granting of a variance
will not result in increased flood heights, additional threats to
public safety, extraordinary public expense, create nuisances, cause
fraud on or victimization of the public, or conflict with existing
local laws or ordinances.
(7)
Any applicant to whom a variance is granted for a
building with the lowest floor below the base flood elevation shall
be given written notice over the signature of a community official
that the cost of flood insurance will be commensurate with the increased
risk resulting from lowest floor elevation.
