The Board of Trustees of the Incorporated Village of Northport
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 Northport
and that such damages may include destruction or loss of private and
public housing; damage to public facilities, both publicly and privately
owned; and injury to and loss of human life. In order to minimize
the threat of such damages and to achieve the purposes and objectives
hereinafter set forth, this chapter is adopted.
It is the purpose of this chapter to promote the public health,
safety and general welfare, and to minimize public and private losses
due to flood conditions in specific areas by provisions designed to:
A. Regulate uses which are dangerous to health, safety and property
due to water or erosion hazards, or which result in damaging increases
in erosion or in flood heights or velocities;
B. Require that uses vulnerable to floods, including facilities which
serve such uses, be protected against flood damage at the time of
initial construction;
C. Control the alteration of natural floodplains, stream channels and
natural protective barriers which are involved in the accommodation
of floodwaters;
D. Control filling, grading, dredging and other development which may
increase erosion or flood damages;
E. Regulate the construction of flood barriers which will unnaturally
divert floodwaters or which may increase flood hazards to other lands;
and
F. Qualify for and maintain participation in the National Flood Insurance
Program.
The objectives of this chapter are to:
A. Protect human life and health;
B. Minimize expenditure of public money for costly flood control projects;
C. Minimize the need for rescue and relief efforts associated with flooding
and generally undertaken at the expense of the general public;
D. Minimize prolonged business interruptions;
E. Minimize damage to public facilities and utilities such as water
and gas mains, electric, telephone, sewer lines, streets and bridges
located in areas of special flood hazard;
F. Help maintain a stable tax base by providing for the sound use and
development of areas of special flood hazard so as to minimize future
flood blight areas;
G. Provide that developers are notified that property is in an area
of special flood hazard; and
H. Ensure that those who occupy the areas of special flood hazard assume
responsibility for their actions.
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.
APPEAL
A request for a review of the local administrator's
interpretation of any provision of this chapter or a request for a
variance.
AREA OF SHALLOW FLOODING
A designated AO, AH or VO Zone on a community's Flood
Insurance Rate Map (FIRM) with a one-percent or greater annual chance
of flooding to an average annual depth of one to three feet where
a clearly defined channel does not exist, where the path of flooding
is unpredictable and where velocity flow may be evident. Such flooding
is characterized by ponding or sheet flow.
AREA OF SPECIAL FLOOD HAZARD
The land in the floodplain within a community subject to
a one-percent or greater chance of flooding in any given year. This
area may be designated 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."
BASE FLOOD
The flood having a one-percent chance of being equaled or
exceeded in any given year.
BASEMENT
That portion of a building having its floor subgrade (below
ground level) on all sides.
BREAKAWAY WALL
A wall that is not part of the structural support of the
building and is intended through its design and construction to collapse
under specific lateral loading forces without causing damage to the
elevated portion of the building or the supporting foundation system.
CELLAR
Has the same meaning as "basement."
COASTAL HIGH HAZARD AREA
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.
CRAWL SPACE
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 the equalization
of hydrostatic forces which would be experienced during periods of
flooding.
CRITICAL FACILITIES
A.
Structures or facilities that produce, use or store highly volatile,
flammable, explosive, toxic and/or water-reactive materials;
B.
Hospitals, nursing homes, and housing likely to contain occupants
who may not be sufficiently mobile to avoid death or injury during
a flood;
C.
Police stations, fire stations, vehicle and equipment storage
facilities, and emergency operations centers that are needed for flood
response activities before, during and after a flood; and
D.
Public and private utility facilities that are vital to maintaining
or restoring normal services to flooded areas before, during and after
a flood.
CUMULATIVE SUBSTANTIAL IMPROVEMENT
Any reconstruction, rehabilitation, addition or other improvement
of a structure that equals or exceeds 50% of the market value of the
structure at the time of the improvement or repair when counted cumulatively
for 10 years.
DEVELOPMENT
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining,
dredging, filling, paving, excavation or drilling operations or storage
of equipment or materials.
ELEVATED BUILDING
A.
A nonbasement building:
(1)
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
(2)
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.
B.
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.
FLOOD BOUNDARY AND FLOODWAY MAP (FBFM)
An official map of the community published by the Federal
Emergency Management Agency as part of a riverine community's
Flood Insurance Study. The FBFM delineates a regulatory floodway along
watercourses studied in detail in the Flood Insurance Study.
FLOOD ELEVATION STUDY
An examination, evaluation and determination of the flood
hazards and, if appropriate, corresponding water surface elevations,
or an examination, evaluation and determination of flood-related erosion
hazards.
FLOOD HAZARD BOUNDARY MAP (FHBM)
An official map of a community, issued by the Federal Emergency
Management Agency, where the boundaries of the areas of special flood
hazard have been designated as Zone A but no flood elevations are
provided.
FLOOD INSURANCE RATE MAP (FIRM)
An official map of a community on which the Federal Emergency
Management Agency has delineated both the areas of special flood hazard
and the risk premium zones applicable to the community.
FLOOD or FLOODING
A.
A general and temporary condition of partial or complete inundation
of normally dry land areas from:
(1)
The overflow of inland or tidal waters.
(2)
The unusual and rapid accumulation or runoff of surface waters
from any source.
B.
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 Subsection A(1) above.
FLOODPROOFING
Any combination of structural and nonstructural additions,
changes or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
FLOODWAY
Has the same meaning as "regulatory floodway."
FUNCTIONALLY DEPENDENT USE
A use which cannot perform its intended purpose unless it
is located or carried out in close proximity to water, such as a docking
or port facility necessary for the loading and unloading of cargo
or passengers, shipbuilding and ship repair facilities. The term does
not include long-term storage, manufacturing, sales or service facilities.
HIGHEST ADJACENT GRADE
The highest natural elevation of the ground surface, prior
to construction, next to the proposed walls of a structure.
HISTORIC STRUCTURE
Any structure that is:
A.
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;
B.
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;
C.
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
D.
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
(1)
By an approved state program as determined by the Secretary
of the Interior; or
(2)
Directly by the Secretary of the Interior in states without
approved programs.
LOCAL ADMINISTRATOR
The person appointed by the community to administer and implement
this chapter by granting or denying development permits in accordance
with its provisions. This person is the Building Inspector.
LOWEST FLOOR
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.
MANUFACTURED HOME
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.
MEAN SEA LEVEL
For 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.
MOBILE HOME
Has the same meaning as "manufactured home."
NEW CONSTRUCTION
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.
PRIMARY FRONTAL DUNE
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.
RECREATIONAL VEHICLE
A vehicle which is:
A.
Built on a single chassis;
B.
Four hundred square feet or less when measured at the largest
horizontal projections;
C.
Designed to be self-propelled or permanently towable by a light-duty
truck; and
D.
Not designed primarily for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel or seasonal
use.
REGULATORY FLOODWAY
The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height as determined by the Federal Emergency Management Agency in a Flood Insurance Study or by other agencies as provided in §
32-4.4B of this chapter.
SAND DUNES
Naturally occurring accumulations of sand in ridges or mounds
landward of the beach.
START OF CONSTRUCTION
A.
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.
B.
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.
STRUCTURE
A walled and roofed building, including a gas or liquid storage
tank, that is principally above ground, as well as a manufactured
home.
SUBSTANTIAL DAMAGE
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before damaged condition would
equal or exceed 50% of the market value of the structure before the
damage occurred. "Substantial damage" also means flood-related damages
sustained by a structure on two separate occasions during a ten-year
period for which the cost of repairs at the time of such flood event,
on the average, equals or exceeds 25% of the market value of the structure
before the damage occurred.
SUBSTANTIAL IMPROVEMENT
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.
Substantial improvement also means "cumulative substantial improvement."
The term includes structures which have incurred substantial damage,
regardless of the actual repair work performed. The term does not,
however, include either:
A.
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
B.
Any alteration of a historic structure, provided that the alteration
will not preclude the structure's continued designation as a
historic structure.
VARIANCE
A grant of relief from the requirements of this chapter which
permits construction or use in a manner that would otherwise be prohibited
by this chapter.
This chapter shall apply to all areas of special flood hazard
within the jurisdiction of the Village of Northport, Suffolk County.
The invalidity of any section or provision of this chapter shall
not invalidate any other section or provision thereof.
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 15 days, or both. Each day of noncompliance shall be considered a separate offense. Nothing herein contained shall prevent the Village of Northport 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 §
32-6.0 will be declared noncompliant and notification sent to the Federal Emergency Management Agency.
The degree of flood protection required by this chapter is considered
reasonable for regulatory purposes and is based on scientific and
engineering considerations. Larger floods can and will occur on rare
occasions. Flood heights may be increased by man-made or natural causes.
This chapter does not imply that land outside the 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 of Northport, any officer or employee thereof,
or the Federal Emergency Management Agency for any flood damages that
result from reliance on this chapter or any administrative decision
lawfully made thereunder.
The Building Inspector is hereby appointed local administrator
to administer and implement this chapter by granting or denying floodplain
development permits in accordance with its provisions.
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 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.
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 §
32-5.2C, Utilities.
E. A certificate from a licensed professional engineer or architect that any nonresidential floodproofed structure will meet the floodproofing criteria in §
32-5.5, Nonresidential structures (except coastal high-hazard areas).
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 stream segment. The applicant must submit any maps, computations or other material required by the Federal Emergency Management Agency (FEMA) to revise the documents enumerated in §
32-3.2, 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.
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 data
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 data
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.
Duties of the local administrator shall include but not be limited
to the following:
A. Permit application review. The local administrator shall conduct
the following permit application review before issuing a floodplain
development permit:
(1) Review all applications for completeness, particularly with the requirements of §
32-4.3, Application for permit, and for compliance with the provisions and standards of this chapter.
(2) The Village Engineer will 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 §
32-5.0, Construction standards, and, in particular, §
32-5.1B, Subdivision proposals.
(3) The Village Engineer will 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 of §
32-5.0, Construction standards, 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 or
federal law.
B. Use of other flood data. When base flood elevation data are not available,
the local administrator may use flood information from any other authoritative
source, such as historical data, to establish flood elevations within
the areas of special flood hazard, for the purposes of this chapter.
C. Alteration of watercourses.
(1) 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.
(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) 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).
(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 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.
F. Stop-work orders.
(1) 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 §
32-3.5 of this chapter.
(2) 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 §
32-3.5 of this chapter.
G. Certificate of compliance.
(1) In areas of special flood hazard, as determined by documents enumerated in §
32-3.2, 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.
(2) A certificate of compliance shall be issued by the local administrator
upon satisfactory completion of all development in areas of special
flood hazard.
(3) Issuance of the certificate shall be based upon the inspections conducted as prescribed in Subsection
E, Inspections, and/or any certified elevations, hydraulic data, floodproofing, anchoring requirements or encroachment analyses which may have been required as a condition of the approved permit.
H. Information to be retained. The local administrator shall retain
and make available for inspection copies of the following:
(1) Floodplain development permits and certificates of compliance;
(2) Certifications of as-built lowest floor elevations of structures, required pursuant to Subsections
D(1) and
(2), and whether or not the structures contain a basement;
(3) Floodproofing certificates required pursuant to Subsection
D(1), and whether or not the structures contain a basement;
(4) Variances issued pursuant to §
32-6.0, Variance Procedure; and
(5) Notices required under Subsection
C, Alteration of watercourses.
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 §
32-3.2:
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. 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):
(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.
C. Encroachments.
(1) Within Zones A1-A30 and AE, on streams without a regulatory floodway,
no new construction, substantial improvements or other development
(including fill) shall be permitted unless:
(a)
The applicant demonstrates that the cumulative effect of the
proposed development, when combined with all other existing and anticipated
development, will not increase the water surface elevation of the
base flood more than one foot at any location; or
(b)
The Village of Northport 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 Village of Northport 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
Northport 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 §
32-3.2, 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 Village of Northport 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 Northport
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 Northport for all costs related to the final map revisions.
(3) Whenever any portion of a floodplain is authorized for development,
the volume of space occupied by the authorized fill or structure below
the base flood elevation shall be compensated for and balanced by
a hydraulically equivalent volume of excavation taken from below the
base flood elevation at or adjacent to the development site. All such
excavations shall be constructed to drain freely to the watercourse.
No area below the waterline of a pond or other body of water can be
credited as a compensating excavation.
The following standards apply to new and substantially improved residential structures located in areas of special flood hazard, in addition to the requirements in §
32-5.1B, Subdivision proposals; §
32-5.1C, Encroachments; and §
32-5.2, Standards for all structures:
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 community's Flood Insurance Rate Map enumerated in §
32-3.2 (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.
The following standards, in addition to the standards in §
32-5.1A, Coastal high-hazard areas; §
32-5.1B, Subdivision proposals; and §
32-5.2, 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 §
32-3.2:
A. 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.
B. 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.
(1) 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.
(2) 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.
(3) Wind loading values used shall be those required by the building
code.
C. Foundation standards.
(1) 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).
(2) Spread footings and fill material shall not be used for structural
support of a new building or substantial improvement of an existing
structure.
D. Pile 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 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.
(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 plane.
(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.
E. 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.
F. 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.
G. 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%.
H. Floor and deck connections.
(1) Wood two-inch-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-inch-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 torsional 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.
I. 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.
J. Ceiling joist/rafter connections.
(1) 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.
(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.
K. 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.
L. Roof sheathing.
(1) 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.
(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.
M. 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 miles per hour. 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.
N. 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) Breakaway wall strengths.
(a) 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).
(b) Water loading values used shall be those associated with the base
flood. Wind loading values shall be those required by the building
code.
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 §
32-5.1B, Subdivision proposals; §
32-5.1C, Encroachments; and §
32-5.2, Standards for all structures:
A. 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:
(1) Have the lowest floor, including basement or cellar, elevated to
or above two feet above the base flood elevation; or
(2) 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.
B. Within Zone AO, new construction and substantial improvements of
nonresidential structures shall:
(1) 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
(2) Together with attendant utility and sanitary facilities, be completely floodproofed to that level to meet the floodproofing standard specified in §
32-5.2C.
C. 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 §
32-5.5A(2), including the specific elevation (in relation to mean sea level) to which the structure is to be floodproofed.
D. Within Zones AH and AO, adequate drainage paths are required to guide
floodwaters around and away from proposed structures on slopes.
E. 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.
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.
The following standards, in addition to the standards in §
32-5.1, General standards, and §
32-5.2, Standards for all structures, 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:
A. Recreational vehicles.
(1) Recreational
vehicles placed on sites within Zones A1-A30, AE, AH, V1-V30, V and
VE shall either:
(a) Be on site fewer than 180 consecutive days;
(b) Be fully licensed and ready for highway use; or
(c) Meet the requirements for manufactured homes in Subsections
B,
C and
D.
(2) A
recreational vehicle is ready for highway use if it is on its wheels
or jacking system, is attached to the site only by quick-disconnect-type
utilities and security devices and has no permanently attached additions.
B. 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.
C. 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.
D. 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 §
32-3.2 (at least two feet if no depth number is specified). Elevation on piers consisting of dry stacked blocks is prohibited.
In order to prevent potential flood damage to certain facilities
that would result in serious danger to life and health, or widespread
social or economic dislocation, no new critical facility shall be
located within any area of special flood hazard, or within any five-hundred-year
flood zone shown as a B zone or a Shaded X zone on the Community's
Flood Insurance Rate Maps.