[HISTORY: Adopted by the Board of Trustees
of the Village of Freeport 8-24-2009 by L.L. No.5-2009.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 86.
Drains and bulkheads — See Ch. 102.
Environmental quality review — See Ch. 110.
Housing standards — See Ch. 128.
Sewers and sewage — See Ch. 176.
Water — See Ch. 201.
Waterfront properties and watercraft — See Ch. 205.
Zoning — See Ch. 210.
[1]
Editor's Note: This local law also repealed former Ch. 87,
Flood Damage Prevention, adopted 9-13-1993 by L.L. No. 3-1993; amended
in its entirety 3-17-1997 by L.L. No. 1-1997.
The Mayor and the Board of Trustees of the Incorporated Village
of Freeport finds that the potential and/or actual damages from flooding
and erosion may be a problem to the residents of the Village of Freeport
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 purpose 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 protection barriers which are involved in the accommodation
of floodwaters.
D.
Control filling, grading, dredging and other development which may
increase erosion or flood damage.
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.
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, streets and bridges
located in areas of special flood hazard.
F.
Help maintain a stable tax base by providing for sound use and development
of areas of special flood hazard so as to minimize future 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 area 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)
(2)
FEDERAL EMERGENCY MANAGEMENT AGENCY
FLOOD or FLOODING
(1)
(2)
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
HISTORICAL STRUCTURE
(1)
(2)
(3)
(4)
LOCAL ADMINISTRATOR
LOWEST FLOOR
MANUFACTURED HOME
MANUFACTURED HOME PARK OR SUBDIVISION
MEAN SEA LEVEL
MOBILE HOME
NATIONAL GEODETIC VERTICAL DATUM (NGVD)
NEW CONSTRUCTION
NORTH AMERICAN VERTICAL DATUM
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
As used in this chapter, the following terms shall have the following
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.
See "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 V1-V30,
VE, VO or V.
An enclosed area beneath the lowest elevated floor, 18 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 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 (post and piers)
or shear walls parallel to the flow of the wall; 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.
The federal agency that administers the National Flood Insurance
Program. This agency is commonly known as "FEMA."
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) above.
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.
See "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.
See "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 or 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 that 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 by an approved state program as determined by the
Secretary of the Interior or directly by the Secretary of the Interior
in states without approved programs.
The person appointed by the community to administer and implement
this chapter by granting or denying development permits in accordance
with its provisions. This person is often the Code Enforcement Officer,
Building Inspector or employee of an engineering department.
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.
For the purposes of the National Flood Insurance Program,
the National Geodetic Vertical Datum (NGVD) of 1929, 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."
As corrected in 1929, a vertical control used as reference
for establishing varying elevations within the floodplain.
Structures for which the start of construction commenced
on or after the effective date of a floodplain management regulation
adopted by the community and includes any subsequent improvements
to such structure.
As corrected in 1988, a vertical control used as a reference
for establishing varying elevations within the floodplain.
[Added 5-6-2015 by L.L.
No. 3-2015]
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 the Federal Emergency Management
Agency in a Flood Insurance Study or by other agencies as provided
in this chapter.
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 an historic structure, provided that the alteration
will not preclude the structure's continued designation as an
historical 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.
This chapter shall apply to all areas of special flood hazard
within the jurisdiction of the Incorporated Village of Freeport.
A.
The areas of special flood hazard for the Village of Freeport, Community
No. 360464, are identified and defined on the following documents
prepared by the Federal Emergency Management Agency:
(1)
Flood Insurance Rate Map Panel Nos. 36059C0236G, 36059C0237G, 36059C0238G,
36059C0239G, 36059C327G the effective date of which is September 11,
2009, and any subsequent revisions to these map panels that do not
affect areas under our community's jurisdiction.
(2)
A scientific and engineering report entitled "Flood Insurance Study,
Nassau County, New York (all jurisdictions)," dated September 11,
2009.
B.
The above documents are hereby adopted and declared to be part of
this chapter. The Flood Insurance Study and/or maps are on file at
the Building Department of the Incorporated Village of Freeport at
46 North Ocean Avenue, Freeport, New York 11520.
A.
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.
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 higher standards, shall govern.
The invalidity of any section or provision of this chapter shall
not invalidate any other section or provision thereof.
A.
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 $1,000 or imprisoned for not more than 15 days, or both. Each
day of noncompliance shall be considered a separate offense.
B.
Nothing herein contained shall prevent the Incorporated Village of Freeport 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, contractor and/or owner has not applied for and received an approved variance under §§ 87-20 and 87-21 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 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 Incorporated Village of Freeport, any officer or employee thereof
or the Federal Emergency Management Agency for any flood damage that
results from reliance on this chapter or any administrative decision
lawfully made thereunder.
The local administrator to administer shall be the Superintendent
of Buildings and the Assistant Superintendent of Buildings, who shall
implement this chapter by granting or denying floodplain development
and/or building permits in accordance with its provisions.
A.
Purpose. A floodplain development/building permit is hereby established for all construction and other development to be undertaken in areas of special flood hazard in this community 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 § 87-6, without a valid floodplain development and/or building 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.
The applicant shall provide the following information, as appropriate.
Additional information may be required on the permit application form.
A.
The proposed elevation, in relation to mean sea level, of the lowest
floor (including basements, cellars or garages) of any new or substantially
improved structures 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. Upon completion of the project, an elevation certificate
must be submitted, on a form approved by FEMA, prior to the issuance
of a certificate of compliance or certificate of occupancy.
B.
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.
C.
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.
D.
A certificate from a licensed professional engineer or architect that any utility floodproofing will meet the criteria in § 87-16D.
E.
A certificate from a licensed professional engineer or architect that any nonresidential floodproofed structure will meet the floodproofmg criteria in, § 87-16R.
F.
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 segment of the waterway. The applicant must submit any maps, computations or other material required by the Federal Emergency Management Agency (FEMA) to revise the documents enumerated in § 87-6, 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 segment of the waterway will be maintained.
G.
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.
H.
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.
I.
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.
J.
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.
The duties of the local administrator shall include, but not
be limited to, the following:
A.
Permit application review. The local administrator and/or duly authorized
agent shall conduct the following permit application review before
issuing a floodplain development and/or building permit:
(1)
Review all applications for completeness, particularly with the requirements of § 87-13, Permit application, for compliance with the provisions and standards of this chapter.
(2)
Review subdivision and other proposed 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 §§ 87-15 through 87-16.
(3)
Determine whether any proposed development in an area of special flood hazard may result in physical damage to any other property. The local administrator may require the applicant to submit additional technical analysis 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 of §§ 87-15 through 87-16, no permit shall be issued. The applicant may revise the application to include measures that mitigate or eliminate the adverse effects and resubmit the application.
(4)
Determine that all necessary permits have been received from those
governmental agencies from which approval is required by state, county
or federal law.
B.
Use of other flood data.
(1)
When the Federal Emergency Management Agency has designated areas of special flood hazard on the community's Flood Insurance Rate Map (FIRM) but has neither produced water surface elevation data (These areas are designated Zone A 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 federal, state or other source, including data developed pursuant to § 87-13F as 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 purpose of this chapter.
C.
Alteration of watercourses. The local administrator shall:
(1)
Notify adjacent communities and the New York State Department of
Environmental Conservation prior to permitting any alteration or relocation
of a watercourse, and submit evidence of such notification to the
Regional Director, Region II, Federal Emergency Management Agency.
(2)
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.
D.
Construction stage.
(1)
The local administrator shall, 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 floodproofmg 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 certification 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).
(2)
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).
(3)
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.
E.
Inspections. The local administrator and/or the designated agent
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/building permit
and/or any variance provisions.
F.
Stop-work orders.
(1)
The local administrator and/or the designated agent shall issue, or cause to be issued, a stop-work order for any floodplain development found ongoing without a development and/or building permit. Disregard of a stop-work order shall subject the violator to the penalties described in § 87-9 of this chapter.
(2)
The local administrator and/or designated agent 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 and/or building permit. Disregard of a stop-work order shall subject the violator to the penalties described in § 87-9 of this chapter.
G.
Certificate of compliance or certificate of occupancy.
(1)
In areas of special flood hazards, as determined by documents enumerated in § 87-6, 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 partially altered or enlarged in its use or structure until a certificate of compliance and/or certificate of occupancy has been issued by the Superintendent of Buildings stating that the building or land conforms to the requirements of this chapter.
(2)
A certificate of compliance and/or certificate of occupancy shall
be issued by the Superintendent of Buildings upon satisfactory completion
of all development in areas of special flood hazard.
The following standards apply to all new development, including new and substantially improved structures, in the areas of special flood hazard shown on the Flood Insurance Rate Map designated in § 87-6.
A.
Coastal high hazard areas. The following requirements apply within
Zones V1-V30, VE and V:
(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)
Man-made alteration of sand dunes which would increase potential
flood damage is prohibited.
B.
Development and 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):
C.
Encroachments. 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 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 Incorporated Village of Freeport 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 all fees and other costs in relation
to the application. The applicant must also provide all data, analysis
and mapping and all cost related to the final map revision.
D.
On streams with a regulatory floodway, as shown on the Flood Boundary and Floodway Map or the Flood Insurance Rate Map adopted in § 87-6, 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 of Freeport 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 Village of Freeport
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 of Freeport for all costs related to the final map revisions.
A.
The following subsections shall apply to all development (residential
and nonresidential) within areas of special flood hazard.
B.
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 local anchoring requirements
for resisting wind forces.
C.
Construction materials and methods.
(1)
New construction and substantial improvements to structures shall
be constructed with materials and utility equipment resistant to flood
damage.
(2)
New construction and substantial improvements to structures shall
be constructed using methods and practices that minimize flood damage.
(3)
Enclosed areas.
(a)
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 usable 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 the exterior walls by allowing
for the entry and exit of floodwaters. Designs for meeting this requirement
must 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
covering 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.
(4)
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 stairsvvstairwells
and elevator shafts are subject to the design requirements for breakaway
walls.
D.
Utilities.
(1)
Location.
[Amended 7-8-2013 by L.L.
No. 3-2013 (as approved by the New York State Division of
Building Standards and Codes 2-27-2014); 5-6-2015 by L.L. No. 3-2015]
(a)
For substantially damaged, substantially improved, elevated, or new
construction. New and replacement electrical equipment, wiring and
outlets, switches, junction boxes, and panels, heating, ventilating,
air conditioning, plumbing connections and other service equipment
shall be located at a minimum of four feet above the base flood elevation
or two feet above the New York State freeboard requirement, whichever
is greater. NAVD88 Datum required.
(b)
For nonsubstantially damaged or nonsubstantially improved structures.
New and replacement electrical equipment, wiring and outlets, switches,
junction boxes and panels, 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, unless
technically unfeasible. NAVD88 Datum required.
(2)
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 the 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 walls.
(4)
On-site waste disposal systems shall be located to avoid impairment
to them or contamination from them during flooding.
E.
Residential structures.
(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 §§ 87-15B and C and 87-16.
(a)
Within Zones Al-A30, AE, 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 a minimum
of four feet above the base flood elevation or two feet above the
New York State freeboard requirement, whichever is greater.
[Amended 7-8-2013 by L.L. No. 3-2013 (as approved by the New York
State Division of Building Standards and Codes 2-27-2014)]
(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 community's Flood Insurance Rate Map enumerated in § 87-6 (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.
(2)
The following standards, in addition to the standards in Subsections A and B of § 87-15, General standards, and § 87-16, Standards for all structures, 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 community's Flood Insurance Rate Map designated in § 87-6.
(a)
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.
(3)
Nonconversion agreement.
[Added 5-6-2015 by L.L.
No. 3-2015]
(a)
Any owner who has applied for a permit to construct or elevate a
structure on a property located in the FEMA designated flood hazard
area must enter into a nonconversion agreement with the Village of
Freeport.
(b)
Such agreement shall be signed by the owner prior to the issuance
of any building permits. This agreement shall be recorded by the owner
with the Nassau County Clerk's office.
(c)
With this agreement, the owner shall agree that all construction
below the allowable lowest floor will meet all requirements of the
National Flood Insurance Program; shall be in compliance with all
local, county, state, and federal laws rules and regulations; and
will allow upon consent inspection by the Department of Buildings
to verify such conditions continue to exist.
F.
Structural designs shall consider the effects of wind and water loads
acting simultaneously during the base flood on all building components.
(1)
The structural design shall be adequate to resist water forces that
would occur during a base flood. Horizontal water loads considered
shall include inertial and drag forces of waves, current drag forces,
and impact forces from waterborne debris. Dynamic uplift loads shall
also be considered if bulkheads, walls or other natural or man-made
flow obstructions could cause wave runoff beyond the elevation of
the base flood.
(2)
Buildings shall be designed and constructed to resist the forces
due to wind pressures. 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 exposed. In design, the wind should
be assumed to blow potentially from any lateral direction relative
to the house.
(3)
Wind loading values shall be those required by BOCA 160.0, Wind Loads
(ASCE-1995).
G.
Foundation standards.
(1)
The piling or column foundations 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).
(2)
Spread footings and fill material shall not be used for structural
support of a new building or substantial improvements of an existing
structure.
(3)
Soil-bearing tests must be submitted to the local administrator at
the time of application. The number of borings will be determined
by the scope of the project.
H.
Piling foundation design.
(1)
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.
(2)
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 BFE is +10 msl or less,
or to be at least 10 feet below msl if the BFE is greater than +10
msl.
(3)
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.
(4)
The minimum acceptable sizes for timber piles are a tip diameter
of eight inches for round timber piles and eight 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.
(5)
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.
(6)
Piles shall be driven by means of a pile driver or drop hammer, jetted,
or augered into place.
(7)
Additional support for piles in the form of bracing may include lateral
or diagonal bracing between piles.
(8)
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.
(9)
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
1/2 inch) or cable-type bracing is permitted in any place.
(10)
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-eighths-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.
(11)
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.
I.
Connectors and fasteners. Galvanized metal connectors, wood connectors,
or bolts or 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.
J.
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 (of 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%.
K.
Floor and deck connections.
(1)
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.
(2)
Plywood should be used for subflooring and attic flooring to provide
good tortional resistance in the horizontal plane of the structure.
The plywood should not be less than 3/4 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.
L.
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 1/16 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.
M.
Ceiling joist/rafter connections.
(1)
All ceiling joists or rafters shall be installed in such a manner
that the joists provide 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.
(2)
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.
N.
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.
O.
Roof sheathing.
(1)
Plywood, or other wood material, when used as roof sheathing, shall
not be less than 15/32 inch of 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.
(2)
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.
(3)
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.
P.
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.
Q.
Breakaway wall design standards.
(1)
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.
(2)
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:
(a)
The breakaway walls will fail under water loads less than those
that would occur during the base flood; and
(b)
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.
R.
Nonresidential structures. 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 §§ 87-15B and C and 87-16:
(1)
Within Zones A1-A30, AE, 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 minimum of four feet above the base flood elevation or two feet
above the New York State freeboard requirement, whichever is greater.
[Amended 7-8-2013 by L.L. No. 3-2013 (as approved by the New York
State Division of Building Standards and Codes 2-27-2014)]
(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 community'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 § 87-16R(1)(a), 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.
(6)
In Zones V1-V30, 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 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.
S.
Manufactured homes and recreational vehicles. The following standards in addition to the standards in §§ 87-15 and 87-16 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 Zone 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 blocked 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 § 87-6 (at least two feet if no depth number is specified). Elevation on piers consisting of dry stacked blocks is prohibited.
T.
Grade changes.
(1)
When a development/building permit raises the grade of said site,
a retaining wall must be installed to mitigate the impact of increased
flooding onto the adjoining site.
(2)
A licensed professional engineer or architect must provide a detail
plan at the time of application.
(3)
Precautions must be taken prior to the start of construction to lessen
the potential damage to adjoining properties.
U.
Exterior storage.
(1)
The permit process will also include the location of all exterior
storage on nonresidential sites in order to determine whether the
storage is in compliance with the intent of this chapter.
(2)
The applicant must demonstrate that the storage will be enclosed
within a flood-resistant enclosure, in order to lessen the potential
damage from waterborne objects during flooding.
(3)
The location of the storage must also be in compliance with all other
sections of this Code.
(4)
If existing storage is deemed to be noncompliant, the local administrator
shall give a written notice to the owner and/or occupant of the site.
The local administrator will specify the minimum time for compliance
based upon the dangers posed by the storage.
A.
The Zoning Board of Appeals as established by Chapter 210, Zoning, of this Code of the Incorporated Village of Freeport 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 there is an error in any requirement, decision or determination
made by the local administrator in the enforcement or administration
of this section.
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 flooding or 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 plan of the 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; and
(12)
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.
E.
Upon consideration of the factors of § 87-20D and the purpose of this chapter, the Zoning Board of Appeals may attach such conditions to the granting of variances as it deems necessary to further the purpose of this chapter.
F.
The local administrator shall maintain the records of all appeals
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 elevation, providing items in § 87-20D(1) through (12) have been fully considered. As the lot size increases beyond the 1/2 acre, the technical justification required for issuing the variance increases.
B.
Variances may be issued for the repair or rehabilitation of historic
structures upon determination that:
C.
Variances may be issued by the Zoning Board of Appeals for new construction
and substantial improvement 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 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
exceptional 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 over the signature of a community official that the cost of
flood insurance will be commensurate with the increased risk resulting
from such lowest floor elevation. Such notice shall be a required
condition of the variance and shall be incorporated as a term of the
development/building permit.