The following standards apply to new development, including new and substantially improved structures, in the areas of special flood hazard zone shown on the Flood Insurance Rate Map designated in §169-6:
A.
Coastal high-hazard areas and Coastal A Zones. The following requirements apply within VE and Coastal A Zones:
[Amended 11-14-2023 by L.L. No. 34-2023]
(1)
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.
(2)
The use of fill for structural support of buildings, manufactured homes or recreational vehicles on site 180 days or longer is prohibited.
(3)
There shall be no alteration of sand dunes which would increase potential flood damage. Any disturbance of sand and/or earthen material shall be conducted in strict compliance with state or local coastal erosion hazard area regulations.
B.
Subdivision and development 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):
[Amended 11-14-2023 by L.L. No. 34-2023]
(1)
Proposals shall be consistent with the need to minimize flood damage;
(2)
Public utilities and facilities such as sewer, gas, electrical and water systems shall be located and constructed so as to minimize flood damage; and
(3)
Adequate drainage shall be provided to reduce exposure to flood damage.
(4)
Proposed development shall not result in physical damage to any other property (e.g., stream bank erosion or increased flood velocities). If requested by the Local Administrator, the applicant shall provide a technical analysis, by a licensed professional engineer, demonstrating that this condition has been met.
(5)
Proposed development shall be designed, located, and constructed so as to offer the minimum resistance to the flow of water and shall be designed to have a minimum effect upon the height of floodwater.
(6)
Any equipment or materials located in a special flood hazard area shall be elevated, anchored, and floodproofed as necessary to prevent flotation, flood damage, and the release of hazardous substances.
(7)
No alteration or relocation of a watercourse shall be permitted unless:
(a)
A technical evaluation by a licensed professional engineer demonstrates that the altered or relocated segment will provide conveyance equal to or greater than that of the original stream segment and will not result in physical damage to any other property;
(b)
If warranted, a conditional revision of the Flood Insurance Rate Map is obtained from the Federal Emergency Management Agency (FEMA), with the applicant providing the necessary data, analyses, and mapping and reimbursing the Town of Southampton for all fees and other costs in relation to the application; and
(c)
The applicant provides assurance that maintenance will be provided so that the flood-carrying capacity of the altered or relocated portion of the watercourse will not be diminished.
C.
Encroachments.
(1)
Within AE Zones 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 Southampton agrees to apply to the Federal Emergency Management Agency (FEMA) for a conditional FIRM revision, FEMA approval is received and the applicant provides all necessary data, analyses and mapping and reimburses the Town of Southampton 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 Southampton 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 Flood Insurance Rate Map adopted in § 169-6, 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 Southampton 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 Southampton 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 Southampton for all costs related to the final map revisions.
(3)
In a special flood hazard area, if any development is found to increase or decrease base flood elevations, the Town of Southampton shall, as soon as practicable, but not later than six months after the date such information becomes available, notify FEMA and the New York State Department of Environmental Conservation of the changes by submitting technical or scientific data in accordance with standard engineering practice.
[Added 11-14-2023 by L.L. No. 34-2023]
D.
Zoning district classification. Any land in the area of special flood hazard shall retain the district classification into which it has been placed by Chapter 330, Zoning, but shall additionally be subject to the provisions and requirements of this chapter.
E.
Accessory structures including detached garages. The following standards apply to new and substantially improved accessory structures, including detached garages, in the areas of special flood hazard shown on the Flood Insurance Rate Map.
[Added 11-14-2023 by L.L. No. 34-2023]
(1)
The accessory structure must meet the definition of "structure," for floodplain management purposes, provided in 44 CFR 59.1, where "walled and roofed" shall be interpreted as having two outside rigid walls and a fully secured roof.
(2)
The accessory structure should be small, as defined by the community and approved by FEMA, and represent a minimal investment. Accessory structures of any size may be considered for a variance; however, FEMA considers accessory structures that meet the following criteria to be small and therefore not necessarily in need of a variance, if the community chooses to allow it:
(4)
The portions of the accessory structure located below BFE plus two feet of freeboard must be constructed with flood-resistant materials.
(5)
Mechanical and utility equipment for the accessory structure must be elevated or dry floodproofed to or above BFE plus two feet of freeboard.
(6)
Within Zones AO and Zone A, if base flood elevation data are not available, areas below three feet above the highest adjacent grade shall be constructed using methods and practices that minimize flood damage.
(7)
The accessory structure must comply with the floodway encroachment provisions of the NFIP.
(8)
The accessory structure must be wet floodproofed to protect the structure from hydrostatic pressure. The design must meet the NFIP design and performance standards for openings per 44 CFR 60.3(c)(5) and must allow for the automatic entry and exit of floodwaters without manual operation or the presence of a person (or persons).
(9)
Within Zones V1-V30, VE, and V, unelevated accessory buildings must be unfinished inside, constructed with flood-resistant materials, and used only for storage. When an accessory building is placed in these zones, the design professional must determine the effect that debris from the accessory building will have on nearby buildings. If the accessory building is large enough that its failure could create damaging debris or divert flood flows, it must be elevated above the base flood elevation plus two feet.