The Director of Engineering Services or his/her designee is hereby appointed Local Administrator to administer and implement the provisions of this chapter, and to grant or deny floodplain development building permits in accordance with its provisions.
A.
Permit. 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 residents from increased flood hazards and insuring 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 in § 168-7(B), without a valid floodplain development permit.
B.
If the Local Administrator determines that the proposed development may result in physical damage to any other property or that the proposed development fails to meet any of the requirements of this chapter, the Local Administrator shall deny the application for a floodplain development permit in its entirety. The applicant may revise the application to include measures that mitigate or eliminate the adverse effects and resubmit the application.
C.
Fees. All applications for a floodplain development building permit shall be part of the application for a building permit established by Chapter 87 of this Code and therefore no additional fee will be charged. The applicant shall be responsible for reimbursing the Town of Huntington for any extraordinary costs necessary for review, inspection and approval of a project. The Local Administrator may require a deposit of no more than $1,500.00 to cover these additional costs.
D.
Application for a 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.
(1)
The proposed elevation, in relation to mean sea level, of the lowest floor (including basement or cellar) of any new or substantially improved structure to be located in Zones A1-A30, AE or AH, or Zone A, if base flood elevation data are available. Upon completion of the lowest floor, the permittee shall submit to the Local Administrator the as-built elevation, certified by a licensed professional engineer or surveyor.
(2)
The proposed elevation, in relation to mean sea level, of the bottom of the lowest structural member of the lowest floor (excluding pilings and columns) of any new or substantially improved structure to be located in Zones V1-V30 or VE, or Zone V, if base flood elevation data are available. Upon completion of the lowest floor, the permittee shall submit to the Local Administrator the as-built elevation, certified by a licensed professional engineer or surveyor.
(3)
The proposed elevation, in relation to mean sea level, to which any new or substantially improved non-residential structure will be floodproofed. Upon completion of the floodproofed portion of the structure, the permittee shall submit to the Local Administrator the as-built floodproofed elevation, certified by a professional engineer or surveyor.
(4)
A certificate from a licensed professional engineer or architect that any utility floodproofing will meet the criteria in § 168-19(C) of this chapter.
(5)
A certificate from a licensed professional engineer or architect that any non-residential floodproofed structure will meet the floodproofing criteria in § 168-22 of this chapter.
(6)
A description of the extent to which any watercourse will be altered or relocated as a result of proposed development. Computations by a licensed professional engineer must be submitted that demonstrate that the altered or relocated segment will provide equal or greater conveyance than the original stream segment. The applicant must submit any maps, computations or other material required by the Federal Emergency Management Agency (FEMA) to revise the documents enumerated in Article II of this chapter, 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, in the form required by the Local Administrator, that the conveyance capacity of the altered or relocated stream segment will be maintained.
(7)
A technical analysis, by a licensed professional engineer, if required by the Local Administrator, showing whether proposed development to be located in an area of special flood hazard may result in physical damage to any other property.
(8)
In Zone A, when no base flood elevation data are available from other sources, base flood elevation data shall be provided by the permit applicant for subdivision proposals and other proposed developments (including proposals for manufactured home and recreational vehicle parks and subdivisions) that are greater than either 50 lots or 5 acres.
(9)
In Zones V1-V30 and VE, and also Zone V if base flood elevation are available, designs and specifications, certified by a licensed professional engineer or architect, for any breakaway walls in a proposed structure with design strengths in excess of 20 pounds per square foot.
(10)
In Zones V1-V30 and VE, and also Zone V if base flood elevation are available, for all new and substantial improvements to structures, floodplain development building permit applications shall be accompanied by design plans and specifications, prepared in sufficient detail, in the opinion of the Local Administrator, 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 and seal 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.
(11)
Additional information may be required on the permit application form, at the discretion of the Local Administrator.
The Duties of the Local Administrator shall include, but not be limited to:
A.
Permit Application. The Local Administrator shall review applications as follows:
(1)
Review all applications for completeness, particularly with the requirements of § 168-13(D) and for compliance with the provisions and standards of this chapter.
(2)
Review site plan, 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 Article IV and, in particular, § 168-18(B).
(3)
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.
(4)
Determine if all necessary permits have been received from those governmental agencies from which approval is required by State or Federal law.
B.
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 whether 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.
C.
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.
D.
Inspections. The Local Administrator shall make periodic inspections at appropriate times throughout the period of construction in order to monitor compliance with permit conditions and/or any other applicable requirements.
E.
Certificate of Occupancy.
(1)
In areas of special flood hazard, as determined by documents enumerated in Article II, 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 occupancy has been issued by the Local Administrator stating that the building or land conforms to the requirements of this local law.
(2)
A certificate of occupancy shall be issued upon satisfactory completion of all development in areas of special flood hazard, and upon compliance with all applicable requirements of the Town Code.
F.
Information to be retained. The Local Administrator shall retain and make available for inspection, copies of the following:
(1)
Floodplain development building permits and certificates of occupancy;
(2)
Certifications of as-built lowest floor elevations of structures, and evidence of whether or not the structures contain a basement;
(3)
Floodproofing certificates required pursuant to § 168-14(C)(1) and whether or not the structures contain a basement;
This Article does not obviate the necessity for the applicant to obtain the approval of or a permit required by any other federal, state and/or local agency before proceeding with construction under an approved flood plain development building permit. Approval and/or permits that may be required from agencies that include, but are not limited to, the New York State Department of Environmental Conservation, the New York State Department of State Uniform Fire Prevention and Building Code Council, New York State Department of State Consistency Review, and/or Suffolk County Department of Health Services. No construction shall commence until such other approvals and/or permits are issued. Failure to secure all necessary approvals or comply with all conditions imposed by the Local Administrator shall be deemed a violation of this chapter.