[HISTORY: Adopted by the Board of Trustees 3-3-1997 by L.L. No.
1-1997; amended in its entirety 6-1-2009 by L.L. No.
3-2009. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 43.
Stormwater and storm sewers — See Ch. 100.
A.
This Board of Trustees 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.
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 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.
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. Unless specifically defined
herein, 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
DEC
DEVELOPMENT
ELEVATED BUILDING
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
FEDERAL EMERGENCY MANAGEMENT AGENCY, or FEMA
FLOOD BOUNDARY AND FLOODWAY MAP (FBFM)
FLOOD ELEVATION STUDY
FLOOD HAZARD BOUNDARY MAP (FHBM)
FLOOD INSURANCE RATE MAP (FIRM)
FLOOD INSURANCE STUDY
FLOOD or FLOODING
(1)
(2)
FLOODPLAIN or FLOOD-PRONE AREA
FLOODPROOFING
FLOODWAY
FUNCTIONALLY DEPENDENT USE
HIGHEST ADJACENT GRADE
HISTORIC STRUCTURE
(1)
(2)
(3)
(4)
LOCAL ADMINISTRATOR
LOWEST FLOOR
MANUFACTURED HOME
MANUFACTURED HOME PARK OR SUBDIVISION
MEAN SEA LEVEL
MOBILE HOME
NEW CONSTRUCTION
ONE-HUNDRED-YEAR FLOOD or 100-YEAR FLOOD
PERSON
PRIMARY FRONTAL DUNE
PRINCIPALLY ABOVE GROUND
RECREATIONAL VEHICLE
(1)
(2)
(3)
(4)
REGULATORY FLOODWAY
SAND DUNES
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 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 1-percent or greater annual chance
of flooding to an average annual depth of 1 to 3 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 1-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 100-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 1-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.
Has the same meaning as "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 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 nonbasement building built, in the case of a building in
Zone 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 Zone V1-V30, 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 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 Zone 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.
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 or the pouring of concrete
pads).
The Federal agency that administers the National Flood Insurance
Program.
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.
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."
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 B(1).
Any land area susceptible to being inundated by water from
any source (see definition of "flood").
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.
Has the same meaning as "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 and 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 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.
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 2 or
more manufactured home lots for rent or sale.
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 Map are referenced.
Has the same meaning as "manufactured home."
Structures for which the start of construction commenced
on or after the effective date of a floodplain management regulation
adopted by the Village and includes any subsequent improvements to
such structure.
Has the same meaning as "base flood."
Any individual or group of individuals, corporation, partnership,
association, or any other entity, including state and local governments
and agencies.
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;
400 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 § 65-5 of this chapter.
Naturally occurring accumulations of sand in ridges or mounds
landward of the beach.
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), storage 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 a historic structure, provided that the alteration
will not preclude the structure's continued designation as an
historic structure.
A grant of relief by the Village from the requirements of
this chapter.
A.
Lands to which this chapter applies. This chapter law shall apply
to all areas of special flood hazard within the jurisdiction of the
Village of Plandome Heights, Nassau County, Community Number 360485.
B.
Basis for establishing areas of special flood hazard.
(1)
The areas of special flood hazard for the Village are identified
and defined on the following documents prepared by FEMA:
(a)
Flood Insurance Rate Map (single panel) Index No. 36059C 0112G,
whose effective date is September 11, 2009, and any subsequent revisions
to the map panel that do not affect areas under the Village's
jurisdiction; and
(b)
A scientific and engineering report entitled, "Flood Insurance
Study, Nassau County, New York all Jurisdictions," dated September
11, 2009.
(2)
Such documents prepared by FEMA are hereby adopted and declared to
be a part of this chapter. The Flood Insurance Study and/or maps are
on file at the Village's Village Hall, 37 Orchard Street, Manhasset,
New York 11030.
C.
Interpretation; conflict with other laws. 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. 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 laws, rules, regulations,
or ordinances, the most restrictive, or that imposing the higher standards,
shall govern.
D.
Severability: The invalidity of any section or provision of this
chapter shall not invalidate any other section or provision hereof.
E.
Penalties for violations. 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 failure to comply with any of the provisions of this chapter or with any conditions and safeguards established in connection with conditions of any 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, with respect to each such violation. Each day of noncompliance shall be considered a separate offense. Nothing herein contained shall prevent the Village from taking such other lawful action as it deems necessary or appropriate to prevent or remedy a violation. Any structure found not compliant with the requirements of this chapter for which the contractor and/or owner has not applied for and received an approved variance under § 65-8 will be declared noncompliant and notification sent to the Federal Emergency Management Agency.
F.
Warning and disclaimer of liability. 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, 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.
A.
Designation
of the local administrator. The Building Inspector of the Village
is hereby appointed local administrator to administer and implement
this chapter by granting or denying floodplain development permits
in accordance with its provisions.
B.
Floodplain
development permits.
(1)
Purpose. A floodplain development permit is hereby required for all construction and other development to be undertaken in areas of special flood hazard in the Village for the purpose of protecting its citizens 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 enumerated in § 65-5, without a valid floodplain development 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.
(2)
Fees and deposits. All applications for a floodplain development
permit shall be accompanied by an application fee in amounts established
from time to time by resolution of the Board of Trustees. In addition,
the applicant shall be responsible for reimbursing the Village for
any additional costs necessary for review, inspection and approval
of this project. The local administrator may require a deposit to
cover these additional costs in amounts established from time to time
by resolution of the Board of Trustees.
C.
Application for permit. The applicant shall provide the following
information as appropriate. Additional information may be required
on the permit application form.
(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 Zone A1-A30, AE or AH, or Zone A if base
flood elevation data are available. Upon completion of the lowest
floor, the permitee 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 Zone V1-V30 or VE, or Zone V if base flood elevation data
are available. Upon completion of the lowest floor, the permitee 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 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.
(4)
A certificate from a licensed professional engineer or architect that any utility floodproofing will meet the criteria in § 65-7B(3), Utilities.
(5)
A certificate from a licensed professional engineer or architect that any nonresidential floodproofed structure will meet the floodproofing criteria in § 65-7E, Nonresidential structures, (except coastal high-hazard areas).
(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 § 65-5, 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.
(7)
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.
(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 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.
D.
Duties and responsibilities of the local administrator. Duties of
the local administrator shall include, but not be limited to the following.
(1)
Permit application review. The local administrator shall conduct
the following permit application review before issuing a floodplain
development permit:
(a)
Review all applications for completeness, particularly with the requirements of § 65-6C, Application for permit, and for compliance with the provisions and standards of this chapter.
(b)
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 § 65-7, Construction standards.
(c)
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 § 65-7, 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.
(d)
Determine that all necessary permits have been received from
those governmental agencies from which approval is required by state
or federal law.
(2)
Use of other flood data.
(a)
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 or V 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 a federal, state or other source, including data developed pursuant to § 65-6C(8), as criteria for requiring that new construction, substantial improvements or other proposed development meet the requirements of this chapter.
(b)
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.
(3)
Alteration of watercourses.
(a)
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.
(b)
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.
(4)
Construction stage.
(a)
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).
(b)
In Zones Vl-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 for 180 consecutive days or longer (unless it is fully licensed
and ready for highway use).
(c)
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.
(5)
Inspections. The local administrator and/or the property owner'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.
(6)
Stop-work orders.
(a)
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 § 65-5E of this chapter.
(b)
The local administrator shall issue, or cause to be issued, a stop-work order for any floodplain development found non-compliant 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 § 65-5E of this chapter.
(7)
Certificate of compliance.
(a)
In areas of special flood hazard, as determined by documents enumerated in § 65-5B, 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.
(b)
A certificate of compliance shall be issued by the local administrator
upon satisfactory completion of all development in areas of special
flood hazard.
(8)
Information to be retained. The local administrator shall retain
and make available for inspection copies of the following:
(a)
Floodplain development permits and certificates of compliance;
(b)
Certifications of as-built lowest floor elevations of structures,
required pursuant to § 65-5D(4), and whether or not the
structures contain a basement;
A.
General standards. 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 § 65-5.
(1)
Coastal high-hazard areas. The following requirements apply within
Zones V1-V30, VE and V:
(a)
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.
(b)
The use of fill for structural support of buildings, manufactured
homes or recreational vehicles on site 180 days or longer is prohibited.
(c)
Man-made alteration of sand dunes which would increase potential
flood damage is prohibited.
(2)
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):
(a)
Proposals shall be consistent with the need to minimize flood
damage;
(b)
Public utilities and facilities such as sewer, gas, electrical
and water systems shall be located and constructed so as to minimize
flood damage; and
(c)
Adequate drainage shall be provided to reduce exposure to flood
damage.
(3)
Encroachments.
(a)
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 all other existing and anticipated
development, will not increase the water surface elevation of the
base flood more than one foot at any location;
[2]
The Village 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 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 for all costs related to the
final map revision.
(b)
On streams with a regulatory floodway, as shown on the Flood Boundary and Floodway Map or the Flood Insurance Rate Map adopted in § 65-5, 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 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 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 for all costs
related to the final map revisions.
B.
Standards
for all structures.
(1)
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.
(2)
Construction materials and methods.
(a)
New construction and substantial improvements to structures
shall be constructed with materials and utility equipment resistant
to flood damage.
(b)
New construction and substantial improvements to structures
shall be constructed using methods and practices that minimize flood
damage.
(c)
Enclosed areas below lowest floor.
[1]
For enclosed areas below the lowest floor of a structure within
Zone 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 useable 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 exterior walls by allowing for
the entry and exit of floodwaters. Designs for meeting this requirement
must either be certified by a licensed professional engineer or architect
or meet or exceed the following minimum criteria:
[2]
Openings may be equipped with louvers, valves, screens or other
coverings or devices provided they permit the automatic entry and
exit of floodwaters. Enclosed areas sub-grade on all sides are considered
basements and are not permitted.
(d)
Within Zones VI-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 stairs, stairwells
and elevator shafts are subject to the design requirements for breakaway
walls.
(3)
Utilities.
(a)
New and replacement electrical equipment, 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. Electrical wiring and outlets, switches, junction boxes
and panels shall be elevated to or above the base flood elevation
unless they conform to the appropriate provisions of the electrical
part of the Building Code of New York State or the Residential Code
of New York State for location of such items in wet locations;
(b)
New and replacement water supply systems shall be designed to
minimize or eliminate infiltration of floodwaters into the system;
(c)
New and replacement sanitary sewage systems shall be designed
to minimize or eliminate 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 wall; and
(d)
On-site waste disposal systems shall be located to avoid impairment
to them or contamination from them during flooding.
C.
Residential structures (except coastal high-hazard areas).
(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 § 65-7A and B.
(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
2 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 3 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 2 feet above the depth number specified in feet on the community's Flood Insurance Rate Map enumerated in § 65-5 (at least 2 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.
D.
Residential structures (coastal high-hazard areas). The following standards, in addition to the standards in § 65-7A, B and C apply to new and substantially improved residential structures located in areas of special flood hazard shown as Zone V1-V30, VE or V on the community's Flood Insurance Rate Map designated in § 65-5.
(1)
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 2 feet above base
flood elevation so as not to impede the flow of water.
(2)
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.
(a)
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.
(b)
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)
Foundation standards.
(a)
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).
(b)
Spread footings and fill material shall not be used for structural
support of a new building or substantial improvement of an existing
structure.
(4)
Pile foundation design.
(a)
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.
(b)
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 5 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.
(c)
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.
(d)
The minimum acceptable sizes for timber piles are a tip diameter
of 8 inches for round timber piles and 8 inches by 8 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.
(e)
Reinforced concrete piles shall be cast of concrete having a
28-day ultimate compressive strength of not less than 5,000 pounds
per square inch, and shall be reinforced with a minimum of 4 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 2 inches.
(f)
Piles shall be driven by means of a pile driver or drop hammer,
jetted, or augered into place.
(g)
Additional support for piles in the form of bracing may include
lateral or diagonal bracing between piles.
(h)
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. Those at-grade supports should be securely attached to
the piles to provide support even if scoured from beneath.
(i)
Diagonal bracing between piles, consisting of 2-inch by 8-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.
(j)
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 2-inch-by-8-inch
lumber bolted to the sides of the pile/beam, or 4-inch-by-4-inch or
larger braces framed into the pile/beam. Bolting shall consist of
2 5/8-inch galvanized steel bolts (each end) for 2-inch-by-8-inch
members, or one 5/8-inch lag bolt (each end) for square members. Knee
braces shall not extend more than 3 feet below the elevation of the
base flood.
(5)
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.
(6)
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.
(7)
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 (if 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 2 5/8-inch
galvanized steel bolts or 2 hot-dipped galvanized straps 3/16 inch
by 4 inches by 18 inches each bolted with 2 1/2 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%.
(8)
Floor and deck connections.
(a)
Wood 2-inch-by-4-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
1-inch-by-3-inch members, placed 8 feet on-center maximum, or solid
bridging of same depth as joist at same spacing.
(b)
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 8-inch
annular or spiral thread galvanized nails. Such fastening shall be
supplemented by the application of waterproof industrial adhesive
applied to all bearing surfaces.
(9)
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
15/32-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 2-inch-by-4-inch nailer blocking shall be provided
at all horizontal joints. In lieu of the plywood, galvanized steel
rods of 1/2-inch diameter or galvanized steel straps not less than
1 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 3 inches shall be used at each end of the 1/2-inch round rods.
These anchors shall be installed no more than 2 feet from each corner
rod, no more than 4 feet on center.
(10)
Ceiling joist/rafter connections. 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. Gable roofs shall be additionally stabilized by installing
2-inch-by-4-inch blocking on 2-foot centers between the rafters at
each gable end. Blocking shall be installed a minimum of 8 feet toward
the house interior from each gable end.
(11)
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
2 feet and joist overhangs to a maximum of 1 foot. Larger overhangs
and porches will be permitted if designed or reviewed and certified
by a registered professional engineer or architect.
(12)
Roof sheathing.
(a)
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.
(b)
All corners, gable ends, and roof overhangs exceeding 6 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.
(c)
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.
(13)
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 3 feet.
(14)
Breakaway wall design standards.
(a)
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.
(b)
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 the breakaway walls will fail under water loads less than those
that would occur during the base flood; and 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.
E.
Nonresidential structures (except coastal high-hazard areas). 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 § 65-7A, B and C.
(1)
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:
(a)
Have the lowest floor, including basement or cellar, elevated
to or above 2 feet above the base flood elevation; or
(b)
Be floodproofed so that the structure is watertight below 2
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 or cellar, elevated
above the highest adjacent grade at least as high as 2 feet above
the depth number specified in feet on the community's FIRM (at
least 2 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 that the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions of the preceding Subsection E(1), 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 3 feet
above the highest adjacent grade.
F.
Nonresidential structures (coastal high-hazard areas). 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 the lowest member of the lowest floor elevated to or above 2 feet
above the base flood elevation. Floodproofing of structures is not
an allowable alternative to elevating the lowest floor to 2 feet above
the base flood elevation in Zones V1-V30, VE and V.
G.
Manufactured homes and recreational vehicles. The following standards, in addition to the standards in § 65-7A, B and C 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)
Manufactured homes.
(a)
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 2 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.
(b)
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 blocks is prohibited.
A.
Appeals Board.
(1)
The Village Board of Zoning Appeals shall hear and decide appeals
and requests for variances from the requirements of this chapter.
(2)
The Village Board of Zoning 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 chapter.
(3)
Those aggrieved by a decision of the Village Board of Zoning Appeals
may appeal such decision to New York State Supreme Court pursuant
to Article 78 of the Civil Practice Law and Rules.
(4)
In passing upon such applications, the Village Board of Zoning Appeals
shall consider all technical evaluations, all relevant factors, standards
specified in other sections of this chapter, and:
(a)
The danger that materials may be swept onto other lands to the
injury of others;
(b)
The danger to life and property due to flooding or erosion damage;
(c)
The susceptibility of the proposed structure or facility and
its contents to flood damage and the effect of such damage on the
individual owner;
(d)
The importance of the services provided by the proposed structure
or facility to the community;
(e)
The necessity to the structure or facility of a waterfront location,
where applicable;
(f)
The availability of alternative locations for the proposed use
which are not subject to flooding or erosion damage;
(g)
The compatibility of the proposed use with existing and anticipated
development;
(h)
The relationship of the proposed use to the comprehensive plan
and floodplain management program of that area;
(i)
The safety of access to the property in times of flood for ordinary
and emergency vehicles;
(j)
Costs to local governments and the dangers associated with conducting
search-and-rescue operations during periods of flooding;
(k)
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
(l)
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.
(5)
Upon consideration of the factors set forth herein and the purposes
of this chapter, the Village Board of Zoning Appeals may attach such
conditions to the granting of variances as it deems necessary to further
the purposes of this chapter.
(6)
The local administrator shall maintain the records of all appeal
actions, including technical information, and report any variances
to the Federal Emergency Management Agency upon request.
B.
Conditions for variances.
(1)
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, provided that all factors to be considered
by the Village Board of Zoning and Appeals have been fully considered.
As the lot size increases beyond 1/2 acre, the technical justification
required for issuing the variance increases.
(2)
Variances may be issued for the repair or rehabilitation of historic
structures upon determination that:
(3)
Variances may be issued by a community for new construction and substantial
improvements and for other development necessary for the conduct of
a functionally dependent use provided that:
(4)
Variances shall not be issued within any designated floodway if any
increase in flood levels during the base flood discharge would result.
(5)
Variances shall only be issued upon a determination that the variance
is the minimum necessary, considering the flood hazard, to afford
relief.
(6)
Variances shall only be issued upon receiving written justification
of:
(a)
A showing of good and sufficient cause;
(b)
A determination that failure to grant the variance would result
in exceptional hardship to the applicant; and
(c)
A determination that the granting of a variance will not result
in increased flood heights, additional threats to public safety, extraordinary
public expense, create nuisances, cause fraud on or victimization
of the public or conflict with existing local laws or ordinances.
(7)
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 lowest floor elevation.
