As used in this article, the following terms shall have the
following meanings, unless the context clearly indicates a different
meaning:
A natural or artificial watercourse of perceptible extent,
with a definite bed and banks to confine and conduct continuously
or periodically flowing water. Channel flow is that water which is
following in a defined "channel."
Any 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.
A temporary rise in a stream's flow or stage that results
in water overlapping its banks and inundating areas adjacent to the
channel or an unusual and rapid accumulation of runoff or surface
water from any source.
A determination of the water surface elevations of the one-hundred-year
flood, that is, the level of flooding that has a one-percent chance
of occurrence in any given year.
Any combination of structural and nonstructural additions,
changes or adjustments to structures, including utility and sanitary
facilities, which would preclude the entry water. Structural components
shall have the capability of resisting hydrostatic and hydrodynamic
loads and the effect of buoyancy.
The channel of a river or other watercourse and the adjacent
portion of the floodplain that must be reserved in order to discharge
the one-hundred-year flood without cumulatively increasing the water
surface elevation more than one foot at any point, assuming equal
conveyance reduction outside the channel from the two sides of the
floodplain. The same is delineated on the Flood Insurance Rate Map
of the City as A Zones and V Zones.
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. It
does not include park trailers, travel trailers and other similar
vehicles.
A parcel of land which has been divided into two or more
lots for rent or sale and the placement of mobile homes.
Any permit, grants or licenses issued by the City of Yonkers,
including but not limited to building, grading, demolition, clearing
and excavation permits and subdivision and site plan approvals.
The base flood having a one-percent chance of annual occurrence
as shown on the official plan map.
Any repair, reconstruction or improvement of a structure,
the cost of which equals or exceeds 50% of the market value of the
structure either before the improvement is started or, if the structure
has been damaged and is being restored, before the damage occurred.
For the purposes of this definition, "substantial improvement" is
considered to occur when the first alteration of any wall, ceiling,
floor or other structural part of the building commences, whether
or not that alteration affects the external dimensions of the structure.
The term does not, however, include any alteration to comply with
existing state or local health, sanitary, building or safety codes
or regulations.
A.
Lands to which article applies. This article shall apply to all lands
within the jurisdiction of the City identified on the Flood Insurance
Rate Map of the City of Yonkers as either Floodway Districts (A Zones
and V Zones) or Floodway-Fringe Districts (B Zone). In all areas covered
by this article, no development shall be permitted except upon a permit
to develop, granted by the City as provided herein.
B.
Enforcement officer. The Commissioner of the Department of Housing
and Buildings of the City is hereby designated as the enforcement
officer under this article.
[Amended 7-18-1996 by L.L. No. 5-1996]
C.
Rules for interpretation of district boundaries. The boundaries of
the Floodway and Floodway-Fringe Districts shall be determined by
scaling distances on the Flood Insurance Rate Map of the City of Yonkers.
Where interpretation is needed to the exact location of the boundaries
of the districts as shown on the Flood Insurance Rate Map of the City
of Yonkers, as for example where there appears to be a conflict between
a mapped boundary and actual field conditions, the enforcement officer
shall make the necessary interpretation. In such cases where the interpretation
is contested, the Board of Zoning Appeals will resolve the dispute.
The elevation for the location in question shall be the governing
factor in locating the district boundary on the land. The person contesting
the location of the boundary shall be given a reasonable opportunity
to present his case to the Board and to submit his own technical evidence,
if he so desires.
D.
Compliance. No development located within known flood hazard areas
of this City shall be located, extended, converted or structurally
altered without full compliance with the terms of this article and
other applicable regulations.
E.
Abrogation and greater restrictions. It is not intended by this article
to repeal any existing additional restrictions imposed by ordinance.
However, where this article imposes greater restrictions, the provisions
of this article shall prevail.
F.
Interpretation. In their interpretation and application, the provisions
of this article shall be held to be minimum requirements.
G.
Warning and disclaimer of liability. The degree of flood protection
required by this article is considered reasonable for regulatory purposes.
Larger floods may occur or the flood height may be increased by man-made
or natural causes, such as ice jams, bridge openings restricted by
debris and unforeseen events. This article does not imply that areas
outside Floodway and Floodway-Fringe District boundaries will be free
from flooding or flood damages. This article shall not create any
warranty or guaranty whatsoever on the part of the City or any officer
or employee thereof.
H.
Appeal. Where a request for a permit to develop is denied by the
enforcement officer, the applicant may apply for such permit to the
Zoning Board of Appeals. The Zoning Board of Appeals shall set a date
for a hearing, give notice and proceed as provided by ordinance for
hearing appeals.
A.
Permit required. No persons, firm or corporation shall start any
development, building, structure or other substantial improvement
or cause the same to be done without first obtaining a separate permit
for each such development.
B.
Administration. The Commissioner of the Department of Housing and
Buildings or his duly authorized representative shall administer and
implement the provisions of this article. These duties shall include
but not be limited to:
[Amended 7-18-1996 by L.L. No. 5-1996]
(1)
Review all development permits to assure that sites are reasonably
safe from flooding and that the requirements of this article have
been satisfied.
(2)
Review permits for proposed development to assure that all necessary
permits have been obtained from those federal, state and local governmental
agencies from which prior approval is required.
(3)
Notify adjacent communities and the Division of Water Resources of
the state prior to any alteration or relocation of a watercourse and
submit evidence of such notification to the Federal Insurance Administration.
(4)
Assure that maintenance is provided within the altered or relocated
portion of said watercourse so that the flood-carrying capacity is
not diminished.
(5)
Verify and record the actual elevation, in relation to mean sea level,
of the lowest floor, including the basement, of all new or substantially
improved structures.
(6)
Verify and record the actual elevation, in relation to mean sea level,
to which the new or substantially improved structures have been floodproofed.
(7)
When floodproofing is utilized for a particular structure, the Commissioner
of the Department of Housing and Buildings shall be presented certification
from a registered professional engineer or architect that the floodproofing
methods used are adequate to withstand the forces associated with
the one-hundred-year flood.
C.
Application for permit. To obtain a permit, the applicant shall first
file an application, in writing, on a form furnished for that purpose.
Every such application shall:
(1)
Identify and describe the work to be covered by the permit.
(2)
Describe the land on which the proposed work is to be done by lot,
block, tract and house and street address or similar description that
will readily identify and definitely locate the proposed building
or work.
(3)
Indicate the use or occupancy for which the proposed work is intended.
(4)
Be accompanied by plans and specifications for proposed construction.
(5)
Be signed by the applicant or his authorized agent.
(6)
Give such other information as reasonably may be required by the
Commissioner of the Department of Housing and Buildings or his authorized
representative.
[Amended 7-18-1996 by L.L. No. 5-1996]
The mapped floodplain areas within the zoning jurisdiction of
the City are hereby divided into two districts: a Floodway District
(A Zones and V Zones) and a Floodway-Fringe District (B Zone), as
defined in the Flood Insurance Rate Map of the City. Within these
districts, all uses not meeting the standards set out in this article
are prohibited.
All development, construction and uses in the Floodway District
and the Floodway-Fringe District shall meet the following standards:
A.
No permit for development shall be granted for new construction,
substantial improvements or other improvements, including the placement
of mobile homes, unless the conditions of this section are met.
B.
New construction, subdivision proposals, substantial improvements,
prefabricated buildings, placement of mobile homes and other developments
shall meet the following requirements:
(1)
Design or anchorage shall be provided to prevent flotation, collapse
or lateral movement due to flooding.
(2)
New or replacement water supply systems and sanitary sewer systems
shall be designed to minimize or eliminate infiltration of floodwaters
into the systems and discharges from the systems into floodwaters,
and on-site waste disposal systems shall be located so as to avoid
impairment or contamination.
(3)
New development and substantial improvements shall use construction
materials and utility equipment that are resistant to flood damage
and shall use construction methods and practices that will minimize
flood damage, consistent with economic practicability.
(4)
All utility and sanitary facilities shall be elevated or floodproofed
up to the regulatory flood protection elevation.
(5)
Storage and material and equipment.
(a)
The storage or processing of materials that are, in times of
flooding, buoyant, flammable or explosive or that could be injurious
to human, animal or plant life is prohibited.
(b)
Storage of other material or equipment may be allowed if not
subject to major damage by floods and firmly anchored to prevent flotation
or if readily removable from the area within the time available after
flood warning.
(6)
Subdivision proposals and other proposed new development shall be
required to assure that:
(a)
All such proposals are consistent with the need to minimize
flood damage.
(b)
All public utilities and facilities, such as sewer, gas, electrical
and water systems, are located, elevated and constructed to minimize
or eliminate flood damage.
(c)
Adequate drainage is provided so as to reduce exposure to flood
hazards.
(d)
Proposals include the one-hundred-year flood elevation.
A.
Standards for the Floodway-Fringe District.
(1)
New construction or substantial improvements of residential structures
shall have the lowest floor, including any basement, elevated two
feet above the one-hundred-year-flood elevation.
(2)
New construction or substantial improvements of nonresidential structures
shall have the lowest floor, including the basement, elevated two
feet above the regulatory flood elevation or, together with attendant
utility and sanitary facilities, shall be floodproofed up to that
level.
B.
For new mobile home parks, mobile home subdivisions or expansions
of the same and for new mobile homes not in a mobile home park and
for existing mobile home parks where the repair, reconstruction or
improvement of streets, utilities and pads equals or exceeds 50% of
the value of the streets, utilities and pads before the repair, reconstruction
or improvement has commenced, it is required that:
(1)
The following anchoring standards shall be met:
(a)
Over-the-top ties shall be provided at each of the four corners
of a mobile home, with two additional ties per side at intermediate
locations on mobile homes 50 feet long or longer, and mobile homes
less than 50 feet long requiring one additional tie per side.
(b)
Frame ties shall be provided at each corner of the home with
five additional ties per side at intermediate points on mobile homes
50 feet long or longer, and mobile homes less than 50 feet long requiring
four additional ties per side.
(c)
All components of the anchoring system shall be capable of carrying
a force of 4,800 pounds.
(d)
Any additions to mobile homes shall be similarly anchored.
(2)
Stands or lots shall be elevated on compacted fill or piers so that
the lowest floor of the structure will be two feet above the one-hundred-year-flood
elevation.
(3)
Adequate surface drainage and easy access for a hauler shall be provided.
(4)
In the instance of elevation on piers, lots shall be large enough
to permit steps, pier foundations shall be placed on stable soil no
more than 10 feet apart, and steel reinforcement shall be provided
for piers more than six feet high.
A.
Permitted uses. No buildings shall be constructed in any Floodway
District. Developments having a low flood-damage potential and not
obstructing flood flows shall be permitted, provided that they do
not require structures, fill or storage of materials or equipment.
No use shall increase the flood levels of the one-hundred-year flood.
Uses which comply with this section are:
(1)
Agricultural uses such as general farming, pasture, nurseries and
forestry.
(2)
Residential uses such as lawns, gardens, parking and play areas.
(3)
Nonresidential areas such as loading areas, parking and airport landing
strips.
(4)
Public and private recreational uses such as golf courses, archery
ranges, picnic grounds, parks, wildlife and nature preserves.
B.
Placement of mobile homes is prohibited in the floodway, except in
existing mobile home parks and existing mobile home subdivisions.
