[HISTORY: Adopted by the Board of Trustees of the Village
of Munsey Park 2-10-2009 by L.L. No. 1-2009; amended in its entirety 6-10-2009 by L.L. No.
2-2009.[1] Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 87.
Administration and enforcement of stormwater management — See Ch. 88.
Construction and services — See Ch. 91.
Uniform construction codes — See Ch. 92.
Illicit discharges — See Ch. 107.
Zoning and stormwater control — See Ch. 200.
[1]
Editor's Note: This chapter also provided that the Village
Clerk shall submit one copy of the Department of State's Local
Law Acknowledgment to the New York State Department of Environmental
Conservation at both its Central Office and its Regional Office.
A.
This Board finds that the potential and/or actual damages from flooding
and erosion may be a problem to the residents of the Village and that
such damages may include destruction or loss of private and public
housing, damage to public facilities, both publicly and privately
owned, and injury to and loss of human life. In order to minimize
the threat of such damages and to achieve the purposes and objectives
hereinafter set forth, this chapter is adopted.
B.
This Board further finds that it is in the best interests of the
property owners of the Village to enable them to participate in the
National Flood Insurance Program established pursuant to 42 U.S.C.
§ 4001 et seq.
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.
A.
To protect human life and health;
B.
To minimize expenditure of public money for costly flood control
projects;
C.
To minimize the need for rescue and relief efforts associated with
flooding and generally undertaken at the expense of the general public;
D.
To minimize prolonged business interruptions;
E.
To 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.
To 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.
To provide that developers are notified that property is in an area
of special flood hazard; and
H.
To ensure that those who occupy the areas of special flood hazard
assume responsibility for their actions.
A.
For the purposes of this chapter, certain terms and words are hereby
defined. Words used in the present tense include the future, words
in the singular include the plural, and words in the plural include
the singular; the word "shall" is mandatory.
B.
APPEAL
BASEMENT
BUILDING
CELLAR
CRAWL SPACE
DEC
DEVELOPMENT
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
FEDERAL EMERGENCY MANAGEMENT AGENCY
FLOOD or FLOODING
(1)
(2)
FLOODPLAIN or FLOOD-PRONE AREA
FLOODPROOFING
HISTORIC STRUCTURE
(1)
(2)
(3)
(4)
LOCAL ADMINISTRATOR
MANUFACTURED HOME
MANUFACTURED HOME PARK OR SUBDIVISION
PERSON
START OF CONSTRUCTION
STATE
STRUCTURE
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
(1)
(2)
VARIANCE
As used in this chapter, the following terms shall have the meanings
indicated.
A request for a review of the Building Inspector's interpretation
of any provision of this chapter or a request for a variance.
That portion of a building having its flood subgrade (below
ground level) on all sides.
Has the same meaning as "structure."
Has the same meaning as "basement."
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.
The State Department of Environmental Conservation.
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 manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is complete before the effective date of
the floodplain management regulations adopted by the Village.
The preparation of additional sites by the construction of
facilities for servicing the lots on which the manufactured homes
are to be affixed (including the installation of utilities, the construction
of streets, and either final site grading of the pouring of concrete
pads).
The federal agency that administers the National Flood Insurance
Program.
The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as a flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in Subsection (1).
Any land area susceptible to being inundated by water from
any source. (See definition of "flood").
Any combination of structural and non-structural 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.
Any structure that is:
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of the Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;
Individually listed on a state inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of the Interior; or
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
The Building Inspector, who is the person appointed to administer
and implement this chapter by granting or denying development permits
in accordance with its provisions.
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.
Any individual or group of individuals, corporation, partnership,
association, or any other entity, including state and local governments
and agencies.
Includes substantial improvement and means the initiation,
excluding planning and design, of any phase of a project, and any
other physical alteration of the property, and shall include land
preparation, such as clearing, grading, and filling; installation
of streets and/or walkways; excavation for a basement, footings, piers,
or foundations or the erection of temporary forms. It also includes
the placement and/or installation on the property of accessory buildings
(garages, sheds), stomp trailers, and building materials. For manufactured
homes, the "actual start" means affixing of the manufactured home
to its permanent site.
The State of New York.
A walled and roofed building, including a gas or liquid storage
tank, which 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 Building Inspector 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
historic structure.
A grant of relief by a community from the terms of a floodplain
management regulation.
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.
A.
The Building Inspector, as both the Building Inspector and the local
administrator, is responsible for receiving applications, examining
the plans and specifications, and issuing permits for the proposed
construction or development. The fees for building permits shall be
set from time to time by the Board of Trustees.
B.
No man-made change to improved or unimproved real estate, including
but not limited to buildings or other structures, mining, dredging,
filling, grading, paving, excavation, or drilling operations, shall
be commenced until a separate permit has been obtained from the Building
Inspector for each change.
C.
No manufactured home shall be placed on improved or unimproved real
estate without first obtaining a separate permit for each mobile home
from the Building Inspector.
A.
No person shall erect, construct, enlarge, alter, repair, improve,
move, or demolish any building or structure without first obtaining
a separate permit for each building or structure from the Building
Inspector, as part of such person's building permit application
process.
B.
No man-made change to improved or unimproved real estate, including
but not limited to buildings or other structures, mining, dredging,
filling, grading, paving, excavation, or drilling operations, shall
be commenced until a separate permit has been obtained from the Building
Inspector for each change.
C.
No manufactured home shall be placed on improved or unimproved real
estate without first obtaining a separate permit for each mobile home
from the Building Inspector.
A.
After reviewing the application, the Building Inspector shall require
any additional measures that are necessary to meet the minimum requirements
of this chapter.
B.
The Building Inspector shall review proposed development to assure
that all necessary permits have been received from those governmental
agencies from which approval is required by federal or state law,
including Section 404 of the Federal Water Pollution Control Act Amendments
of 1972, 33 U.S.C. 1334, as such may be amended from time to time.
C.
The Building Inspector shall review all permit applications to determine
whether proposed building sites will be reasonably safe from flooding.
If a proposed building site is in a flood-prone area, all new construction
and substantial improvements (including the placement of prefabricated
buildings and mobile homes) shall:
D.
The Building Inspector shall review subdivision proposals and other
proposed new development to determine whether such proposals will
be reasonably safe from flooding. If a subdivision proposal or other
proposed new development is in a flood-prone area, any such proposals
shall be reviewed to assure that:
(1)
All such proposals are consistent with the need to minimize flood
damage within the flood-prone area;
(2)
All public utilities and facilities, such as sewer, gas, electrical,
and water systems are located and constructed to minimize or eliminate
flood damage; and
(3)
Adequate drainage is provided to reduce exposure to flood hazards.
E.
The Building Inspector shall require within flood-prone areas new
and replacement water supply systems to be designed to minimize or
eliminate infiltration of floodwaters into the systems.
F.
The Building Inspector shall require within flood-prone areas:
(1)
New and replacement sanitary sewage systems to be designed to minimize
or eliminate infiltration of floodwaters into the systems and discharges
from the systems into floodwaters;
(2)
On-site waste disposal systems to be located to avoid impairment
to them or contamination from them during flooding.
A.
The Zoning Board of Appeals shall hear and decide appeals and requests
for variances from the requirements of this chapter.
(1)
Variances shall be based upon a hardship that runs with the land
and shall not be issued for economic or other personal hardships.
(2)
Variances shall be issued upon:
(a)
A showing of good and sufficient cause;
(b)
A determination that failure to grant the variance would result
in significant hardship; and
(c)
A determination that the variance will not result in increased
flood risks, create nuisances, cause fraud or victimization of the
public, or conflict with existing laws and ordinances.
(3)
Variances to this chapter shall be consistent with requirements for
variances from other local and state law, code, or regulation.
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 Building Inspector in the enforcement or administration
of this chapter.
C.
Those aggrieved by a 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 program of that area;
(9)
The safety of access to the property in times of flood for ordinary
and emergency vehicles;
(10)
The costs to local governments and the dangers associated with conducting
search and rescue operations during periods of flooding;
(11)
The expected heights, velocity, duration, rate of rise, and sediment
transport of the floodwaters and the effects of wave action, if applicable,
expected at the site; 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 Subsection D and the purposes of this chapter, the Zoning Board of Appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
F.
The Building Inspector shall maintain the records of all appeal actions
including technical information and report any variances to the Federal
Emergency Management Agency upon request.