[Code 1971, § 11 1/2-27]
The fire chief is hereby appointed local administrator to administer
and implement this article by granting or denying development permit
applications in accordance with its provisions.
[Code 1971, § 11 1/2-29]
Duties of the local administrator shall include, but not be
limited to:
(1)
Permit application review.
a.
Review all development permit applications to determine that the
requirements of this article have been satisfied.
b.
Review all development permit applications to determine that all
necessary permits have been obtained from those federal, state, or
local governmental agencies from which prior approval is required.
d.
Review all development permit applications to determine if the proposed
development adversely affects the area of special flood hazard. For
the purposes of this article, adversely affects means physical damage
to adjacent properties. An engineering study may be required of the
applicant for this purpose.
(2)
Use of other base flood and floodway data. When base flood elevation data has not been provided in accordance with section 9-7, 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 section 9-56(4)d., in order to administer section 9-57 and section 9-58.
(3)
Information to be obtained and maintained.
a.
Obtain and record the actual elevation, in relation to mean sea level,
of the lowest floor, including the basement or cellar, of all new
or substantially improved structures, and whether or not the structure
contains a basement or cellar.
c.
Maintain for public inspection all records pertaining to the provisions
of this article, including variances when granted and certificates
of compliance.
(4)
Alteration of watercourses.
a.
Notify adjacent communities and the state department of environmental
conservation prior to any alteration or relocation of a watercourse
and submit evidence of such notification to the Regional Director,
Federal Emergency Management Agency, Region II, 26 Federal Plaza,
New York, N.Y. 10278.
b.
Require that maintenance is provided within the altered or relocated
portion of the watercourse so that the flood-carrying capacity is
not diminished.
(5)
Interpretation of FIRM boundaries.
a.
The local administrator shall have the authority to make interpretations
when there appears to be a conflict between the limits of the federally
identified area of special flood hazard and actual field conditions.
b.
Base flood elevation data established pursuant to section 9-7 and/or subsection (2) of this section, when available, shall be used to accurately delineate the area of special flood hazards.
c.
The local administrator shall use flood information from any other
authoritative source, including historical data, to establish the
limits of the area of special flood hazards when base flood elevations
are not available.
(6)
Stop work orders.
a.
All floodplain development found on-going without an approved permit shall be subject to the issuance of a stop work order by the local administrator. Disregard of a stop work order shall be subject to the penalties described in section 9-2.
b.
All floodplain development found noncompliant with the provisions of this article and/or the conditions of the approved permit shall be subject to the issuance of a stop work order by the local administrator. Disregard of a stop work order shall be subject to the penalties described in section 9-2.
(7)
Inspections. The local administrator and/or the developer's
engineer or architect shall make periodic inspections at appropriate
times throughout the period of construction in order to monitor compliance
with permit conditions and enable the inspector to certify that the
development is in compliance with the requirements of either the development
permit or the approved variance.
(8)
Certificate of compliance.
a.
It shall be unlawful to use, 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.
All other development occurring within the designated flood hazard
area will have upon completion a certificate of compliance issued
by the local administrator.
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All certifications shall be based upon the inspections conducted
subject to subsection (7) of this section and/or any certified elevations,
hydraulic information, floodproofing, anchoring requirements, or encroachment
analysis which may have been required as a condition of the approved
permit.
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[Code 1971, § 11 1/2-28]
A development permit shall be obtained before the start of construction or any other development within the area of special flood hazard, as established in section 9-7. Application for a development 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.
(1)
Application stage. The following information is required where applicable:
a.
Elevation in relation to mean sea level of the proposed lowest floor,
including the basement or cellar, of all structures;
b.
Elevation in relation to mean sea level to which any nonresidential
structure will be floodproofed;
c.
When required, a certificate from a licensed professional engineer or architect that the utility floodproofing will meet the criteria in section 9-56(3)a.;
d.
Certificate from a licensed professional engineer or architect that the nonresidential floodproofed structure will meet the floodproofing criteria in section 9-57; and
e.
Description of the extent to which any watercourse will be altered
or relocated as a result of proposed development.
(2)
Construction stage. Upon placement of the lowest floor, or floodproofing
by whatever means, it shall be the duty of the permit holder to submit
to the local administrator a certificate of the elevation of the lowest
floor, or floodproofed elevation, in relation to mean sea level. The
elevation certificate shall be prepared by or under the direct supervision
of a licensed land surveyor or professional engineer and certified
by such surveyor or engineer. When floodproofing is utilized for a
particular building, the floodproofing certificate shall be prepared
by or under the direct supervision of a licensed professional engineer
or architect and certified by such engineer or architect. 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.
[Code 1971, § 11 1/2-54]
(a)
The zoning board of appeals as established by the city shall hear
and decide appeals and requests for variances from the requirements
of this article.
(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 local administrator in the enforcement or administration
of this article.
(c)
Those aggrieved by the decision of the zoning board of appeals may
appeal such decision to the supreme court, pursuant to Civil Practice
Law and Rules art. 78 [§ 7801 et seq.].
(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) of this section and the purposes of this local law, the zoning board of appeals may attach to the granting of variances as it deems necessary to further the purposes of this article.
(f)
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.
[Code 1971, § 11 1/2-55]
(a)
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 level, providing subsections (1)—(12) in section 9-34(d) have been fully considered. As the lot size increases beyond 1/2 acre, the technical justification required for issuing the variance increases.
(b)
Variances may be issued for the reconstruction, rehabilitation, or
restoration of structures and contributing structures listed on the
National Register of Historic Places or the state inventory of historic
places, without regard to the contributing structures procedures set
forth in the remainder of this section.
(c)
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:
(d)
Variances shall not be issued within any designated floodway if any
increase in flood levels during the base flood discharge would result.
(e)
Variances shall only be issued upon a determination that the variance
is the minimum necessary, considering the flood hazard, to afford
relief.
(f)
Variances shall only be issued upon receiving written justification
providing:
(1)
A showing of good and sufficient cause;
(2)
A determination that failure to grant the variance would result in
exceptional hardship to the applicant; and
(3)
A determination that the granting of a variance will not result in
increased flood heights, additional threats to public safety, or extraordinary
public expense; create nuisances; cause fraud on or victimization
of the public; or conflict with existing local laws or ordinances.
(g)
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 that the cost of flood insurance will be commensurate with
the increased risk resulting from lowest floor elevation.
