[HISTORY: Adopted by the Board of Trustees of the Village
of Johnson City 5-3-2011 by L.L. No. 3-2011. Amendments noted where
applicable.]
GENERAL REFERENCES
Drainage and watercourses — See Ch. 136.
Environmental quality review — See Ch. 144.
Mobile home parks — See Ch. 176.
Storm sewers — See Ch. 237.
Stormwater management and erosion and sediment control — See Ch. 238.
Subdivision of land — See Ch. 244.
Wellhead, aquifer recharge and watershed protection zones — See Ch. 272.
Zoning — See Ch. 300.
A.
Findings. The Board of Trustees of the Village of Johnson City finds
that the potential and/or actual damages from flooding and erosion
may be a problem to the residents of the Village of Johnson City 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.
Statement of purpose. 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:
(1)
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.
(2)
Require that uses vulnerable to floods, including facilities which
serve such uses, be protected against flood damage at the time of
initial construction.
(3)
Control the alteration of natural floodplains, stream channels and
natural protective barriers which are involved in the accommodation
of floodwaters.
(4)
Control filling, grading, dredging and other development which may
increase erosion or flood damages.
(5)
Regulate the construction of flood barriers which will unnaturally
divert floodwaters or which may increase flood hazards to other lands.
(6)
Qualify for and maintain participation in the National Flood Insurance
Program.
C.
Objectives. The objectives of this chapter are to:
(1)
Protect human life and health.
(2)
Minimize expenditure of public money for costly flood control projects.
(3)
Minimize the need for rescue and relief efforts associated with flooding
and generally undertaken at the expense of the general public.
(4)
Minimize prolonged business interruptions.
(5)
Minimize damage to public facilities and utilities, such as water
and gas mains, electric, telephone, sewer lines, streets and bridges
located in areas of special flood hazard.
(6)
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.
(7)
Provide that developers are notified that property is in an area
of special flood hazard.
(8)
Ensure that those who occupy the areas of special flood hazard assume
responsibility for their actions.
A.
Unless specifically defined below, words or phrases used in this
chapter shall be interpreted so as to give them the meanings 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
DEVELOPMENT
ELEVATED BUILDING
FLOOD BOUNDARY AND FLOODWAY MAP (FBFM)
FLOOD or FLOODING
FLOOD HAZARD BOUNDARY MAP (FHBM)
FLOOD INSURANCE RATE MAP (FIRM)
FLOOD INSURANCE STUDY
FLOODPROOFING
FLOODWAY
FLOOR
FUNCTIONALLY DEPENDENT USE
HIGHEST ADJACENT GRADE
LOWEST FLOOR
MANUFACTURED HOME
MEAN SEA LEVEL
MOBILE HOME
NATIONAL GEODETIC VERTICAL DATUM (NGVD)
NEW CONSTRUCTION
PRINCIPALLY ABOVE GROUND
ONE-HUNDRED-YEAR FLOOD
REGULATORY FLOODWAY
START OF CONSTRUCTION
STRUCTURE
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 or VO Zone on a community's Flood Insurance
Rate Map (FIRM) with base flood depths from one to three feet where
a clearly defined channel does not exist, where the path of flooding
is unpredictable and indeterminate and where velocity flow may be
evident.
The land in the floodplain within a community subject to
a one-percent or greater chance of flooding in any given year. This
area may be designated as Zone A, AE, AH, AO, A1-99, V, VO, VE OR
V1-30. It is also commonly referred to as the "base floodplain" or
"one-hundred-year floodplain."
The flood having a one-percent chance of being equaled or
exceeded in any given year.
That portion of a building having its floor subgrade (below
grade 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.
Any structure built for support, shelter or enclosure for
occupancy or storage.
The same meaning as "basement."
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 located
within the area of special flood hazard.
A nonbasement building built to have the lowest floor elevated
above ground level by means of fill, solid foundation perimeter walls,
pilings, columns (posts and piers) or shear walls.
An official map of the Village of Johnson City 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.
A general and temporary condition of partial or complete
inundation of normally dry land areas from the overflow of inland
or tidal waters or the unusual and rapid accumulation or runoff of
surface waters from any source.
An official map of the Village of Johnson City, issued by
the Federal Emergency Management Agency, where the boundaries of the
areas of special flood hazard have been defined but no water surface
elevation is provided.
An official map of the Village of Johnson City, 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.
The official report provided by the Federal Management Agency
to the Village of Johnson City. The report contains flood profiles,
as well as the Flood Boundary Floodway Map and water surface elevations
of the base 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.
The same meaning as "regulatory floodway."
The top surface of an enclosed area in a building (including
basement), i.e., the top slab in concrete slab construction or the
top of wood flooring in wood frame construction.
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. The term does not include
long-term storage, manufacture, sales or service facilities.
The highest natural elevation of the ground surface, prior
to construction, next to the proposed walls of a structure.
The lowest level, including basement or cellar, of the lowest
enclosed area. An unfinished or flood-resistant enclosure usable solely
for parking of vehicles, building access or storage in an area other
than a basement 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 also includes park trailers, travel trailers and similar transportable
structures placed on a site for 180 consecutive days or longer and
intended to be improved property.
For purposes of the National Flood Insurance Program, the
National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to
which base flood elevations shown on a community's Flood Insurance
Rate Map are referenced.
The same meaning as "manufactured home."
As corrected in 1929, a vertical control used as a reference
for establishing varying elevations within the floodplain.
Structures for which the start of construction commenced
on or after the effective date of this chapter.
At least 51% of the actual cash value of the structure, excluding
land value, is above ground.
The same meaning as "base flood."
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 § 156-4B(3)(b) of this chapter.
The initiation, excluding planning and design, of any phase
of a project or 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 the affixing of the manufactured home
to its permanent site.
A walled and roofed building, a manufactured home or a gas
or liquid storage tank that is principally above ground.
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 or repair 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 commence 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 either:
Any project for improvement of a structure to comply with existing
state or local building, fire, health, sanitary or safety code specifications
which are solely necessary to assure safe living conditions; or
Any alteration of a structure or contributing structure listed
on the National Register of Historic Places or a State Inventory of
Historic Places.
A grant of relief from the requirements of this chapter which
permits construction or use in a manner that would otherwise be prohibited
by this chapter.
A.
Lands to which this chapter applies. This chapter shall apply to
all areas of special flood hazard within the jurisdiction of the Village
of Johnson City.
B.
Basis for establishing the areas of special flood hazard. The areas
of special flood hazard identified by the Federal Emergency Management
Agency in a scientific and engineering report entitled "The Flood
Insurance Study for the Village of Johnson City, of Broome County,
New York" (community number: 360047B), dated September 30, 1977, with
accompanying Flood Insurance Rate Maps and Flood Boundary - Floodway
Maps (Map Panel H and 1-01), are hereby adopted and declared to be
part of this chapter. The Flood Insurance Study and maps are on file
at the Planning Department in the Village offices.
C.
Interpretation; conflict with other laws.
(1)
This chapter is adopted in response to revisions to the National
Flood Insurance Program effective October 1, 1986, and shall supersede
all previous laws adopted for the purpose of establishing and maintaining
eligibility for flood insurance.
(2)
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 any other lawfully adopted rules, regulations or ordinances are
in conflict with the provisions of this chapter, 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 thereof.
E.
Penalties for noncompliance. No structure shall hereafter be constructed, located, extended, converted or substantially altered and no land shall be excavated or filled without full compliance with the terms of this chapter and any other applicable regulations. Any infraction of the provisions of this chapter by failure to comply with any of its requirements, including infractions of conditions and safeguards established in connection with conditions of the 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 subject to the penalties of § 156-7 of this chapter. Each day of noncompliance shall be considered a separate offense. Nothing herein contained shall prevent the Village of Johnson City from taking such other lawful action as necessary to prevent or remedy an infraction. Any structure found not compliant with the requirements of this chapter for which the developer and/or owner has not applied for and received an approved variance under § 156-6 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 areas of special flood hazard 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 of Johnson
City, 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 Code Enforcement Officer
is hereby appointed local administrator to administer and implement
this chapter by granting or denying development permit applications
in accordance with its provisions.
B.
Establishment of development permit. A development permit shall be obtained before the start of construction or any other development within the areas of special flood hazard as established in § 156-3B. Application for a development permit shall be made on forms supplied 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 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 § 156-5A(3)(a).
(d)
A certificate from a licensed professional engineer or architect that the nonresidential floodproofed structure will meet the floodproofing criteria in § 156-5B.
(e)
A 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 the same. 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 the same. 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.
(3)
Duties and responsibilities of the local administrator. Duties of
the local administrator shall include but not be limited to the following:
(a)
Permit application review.
[1]
Review all development permit applications to determine that
the requirements of this chapter have been satisfied.
[2]
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.
[3]
Review all development permit applications to determine if the
proposed development adversely affects the areas of special flood
hazard. For the purpose of this chapter, "adversely affects" means
physical damage to adjacent properties. An engineering study may be
required of the applicant for this purpose.
(b)
Use of other base flood and floodway data. When base flood elevation data has not been provided in accordance with § 156-3B, Basis for establishing the areas of special flood hazard, 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 § 156-5A(4)(d) in order to administer § 156-5C, Floodways.
(c)
Information to be obtained and maintained.
[1]
Obtain and record the actual elevation, in relation to mean
sea level, of the lowest floor, including basement or cellar of all
new or substantially improved structures, and whether or not the structure
contains a basement or cellar.
(d)
Alteration of watercourses.
[1]
Notify adjacent communities and the New York State Department
of Environmental Conservation prior to any alteration of 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, New York 10278.
[2]
Require that maintenance is provided within the altered or relocated
portion of said watercourse so that the flood-carrying capacity is
not diminished.
(e)
Interpretation of FIRM boundaries.
[1]
The local administrator shall have the authority to make interpretations when there appears to be a conflict between the limits of the federally identified areas of special flood hazard and actual field conditions. Base flood elevation data established pursuant to § 156-3B and/or § 156-4B(3)(b), when available, shall be used to accurately delineate the areas of special flood hazard.
[2]
The local administrator shall use flood information from any
other authoritative source, including historical data, to establish
the limits of the areas of special flood hazard when base flood elevations
are not available.
(f)
Stop-work orders.
[1]
All floodplain development found ongoing 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 § 156-3E of this chapter.
[2]
All floodplain development found noncompliant with the provisions of this chapter 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 § 156-3E of this chapter.
(g)
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 to enable said inspector to certify that
the development is in compliance with the requirements of either the
development permit or the approved variance.
(h)
Certificate of compliance.
[1]
It shall be unlawful to use or occupy or to permit the use or
occupancy of any building or premises, or both, or part thereof hereafter
created, erected, changed, converted or substantially 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.
[2]
All other development occurring within the designated flood
hazard area will have upon completion a certificate of compliance
issued by the local administrator.
[3]
All certifications shall be based upon the inspections conducted subject to § 156-4B(3)(g) 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.
A.
General standards. In all areas of special flood hazard, the following
standards are required:
(1)
Anchoring.
(a)
All new construction and substantial improvements shall be anchored
to prevent flotation, collapse or lateral movement of the structure.
(b)
All manufactured homes shall be installed using methods and
practices which minimize flood damage. Manufactured homes must be
elevated and anchored to resist flotation, collapse or lateral movement.
Manufactured homes shall be elevated to or above the base flood elevation
or two feet above the highest adjacent grade when no base elevation
has been determined. Methods of anchoring may include but are not
limited to use of over-the-top or frame ties to ground anchors. This
requirement is in addition to applicable state and local anchoring
requirements for resisting wind forces.
(2)
Construction materials and methods.
(3)
Utilities.
(a)
Electrical, heating, ventilation, plumbing, air-conditioning
equipment and other service facilities shall be designed and/or located
so as to prevent water from entering or accumulating within the components
during conditions of flooding. When designed for location below the
base flood elevation, a professional engineer's or architect's
certification is required.
(b)
All new and replacement sanitary sewage 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.
(d)
On-site waste disposal systems shall be located to avoid impairment
to them or contamination from them during flooding.
(4)
Subdivision standards.
(a)
All subdivision proposals shall be consistent with the need
to minimize flood damage.
(b)
All subdivision proposals shall have public utilities and facilities
such as sewer, gas, electrical and water systems located and constructed
to minimize flood damage.
(c)
All subdivision proposals shall have adequate drainage provided
to reduce exposure to flood damage.
(d)
Base flood elevation data shall be provided for subdivision
proposals and other proposed developments (including proposals for
manufactured home parks and subdivisions) greater than either 50 lots
or five acres.
(5)
Encroachments.
(a)
All proposed development in riverine situations where no flood
elevation data is available (unnumbered A Zones) shall be analyzed
to determine the effects on the flood-carrying capacity of the areas
of special flood hazard set forth in § 156-5B(3)(a)[3].
This may require the submission of additional technical data to assist
in the determination.
(b)
In all areas of special flood hazard in which base flood elevation data is available pursuant to § 156-4B(3)(b) or 156-5A(4)(d) and no floodway has been determined, the cumulative effects of any proposed development, when combined with all other existing and anticipated development, shall not increase the water surface elevation of the base flood more than one foot at any point.
(c)
In all areas of the special flood hazard where floodway data is provided or available pursuant to § 156-4B(3)(b), the requirements of § 156-5C, Floodways, shall apply.
B.
Specific standards. In all areas of special flood hazard where base flood elevation data has been approved as set forth in § 156-3B, Basis for establishing the areas of special flood hazard, and § 156-4B(3)(b), Use of other base flood and floodway data, the following standards are required:
(1)
Residential construction. New residential construction and substantial
improvements of any residential structure shall:
(a)
Have the lowest floor, including basement or cellar, elevated
to or above the base flood elevation.
(b)
Have fully enclosed areas below the lowest floor that 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:
[1]
A minimum of two openings having a total net area of not less
than one square inch for every square foot of enclosed area subject
to flooding shall be provided.
[2]
The bottom of all such openings shall be no higher than one
foot above the lowest adjacent finished grade.
[3]
Openings may be equipped with louvers, valves, screens or other
coverings or devices, provided that they permit the automatic entry
and exit of floodwaters.
(2)
Nonresidential construction. New construction and substantial improvements
of any commercial, industrial or other nonresidential structure, together
with attendant utility and sanitary facilities, shall either have
the lowest floor, including basement or cellar, elevated to or above
the base flood elevation or be floodproofed so that the structure
is watertight below the base flood level with walls substantially
impermeable to the passage of water. All structural components located
below the base flood level must be capable of resisting hydrostatic
and hydrodynamic loads and the effects of buoyancy.
(a)
If the structure is to be elevated, fully enclosed areas below
the base flood elevation shall be designed to automatically (without
human intervention) allow for the entry and exit of floodwaters for
the purpose of equalizing hydrostatic flood forces on exterior walls.
Designs for meeting these requirements must either be certified by
a licensed professional engineer or a licensed architect or meet the
following criteria:
[1]
A minimum of two openings having a total net area of not less
than one square inch for every square foot of enclosed area subject
to the flooding shall be provided.
[2]
The bottom of all such openings shall be no higher than one
foot above the lowest adjacent finished grade.
[3]
Openings may be equipped with louvers, valves, screens or other
coverage or devices, provided that they permit the automatic entry
and exit of floodwaters.
(b)
If the structure is to be floodproofed:
[1]
A licensed professional engineer or architect shall develop
and/or review structural design, specifications and plans for the
construction and shall certify that the design and methods of construction
are in accordance with accepted standards of practice to make the
structure watertight with walls substantially impermeable to the passage
of water, with structural components having the capability of resisting
hydrostatic and hydrodynamic loads and effects of buoyancy; and
[2]
A licensed professional engineer or land surveyor shall certify
the specific elevation (in relation to mean sea level) to which the
structure is floodproofed.
(c)
The local administrator shall maintain on record a copy of all
such certificates noted in this section.
(3)
Construction standards for areas of special flood hazard without base flood elevations. New construction or substantial improvements of structures, including manufactured homes, shall have the lowest floor, including basement, elevated to or above the base flood elevation as may be determined in § 156-4B(3)(b) or two feet above the highest adjacent grade where no elevation data is available.
(a)
New construction or substantial improvements of structures including
manufactured homes shall have the lowest floor (including basement)
elevated at least two feet above the highest adjacent grade next to
the proposed foundation of the structure.
(b)
Fully enclosed areas below the lowest floor that are subject
to flooding shall be designed to automatically (without human intervention)
allow for the entry and exit of floodwaters for the purpose of equalizing
hydrostatic flood forces on exterior walls. Designs for meeting this
requirement must either be certified by a licensed professional engineer
or a licensed architect or meet the following criteria:
[1]
A minimum of two openings having a total net area of not less
than one square inch for every square foot of enclosed area subject
to flooding shall be provided.
[2]
The bottom of all such openings shall be no higher than one
foot above the lowest adjacent finished grade.
[3]
Openings may be equipped with louvers, valves, screens or other
coverings or openings, provided that they permit the automatic entry
and exit of floodwaters.
C.
Floodways. Located within areas of special flood hazard are areas designated as floodways. (See definition in § 156-2.) The floodway is an extremely hazardous area due to high-velocity floodwaters carrying debris and posing additional threats from potential erosion forces. When floodway data is available for a particular site as provided by §§ 156-3B and 156-4B(3)(b), all encroachments including fill, new construction, substantial improvements and other developments are prohibited within the limits of the floodway unless a technical evaluation demonstrates that such encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.
A.
Appeals Board.
(1)
The Zoning Board of Appeals as established by the Village of Johnson
City shall hear and decide appeals and requests for variances from
the requirements of this chapter.
(2)
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 chapter.
(3)
Those aggrieved by the decision of the Zoning Board of Appeals may
appeal such decision to the Supreme Court pursuant to Article 78 of
the Civil Practice Law and Rules.
(4)
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:
(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 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 facility
to the community.
(e)
The necessity to the 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)
The costs to local governments and the dangers associated with
conducting search and rescue operations during periods of flooding.
(k)
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.
(l)
The costs of providing governmental services during and after
flood conditions, including search and rescue operations, maintenance
and repair of public utilities such as sewer, gas, electrical and
water systems and streets and bridges.
(5)
Upon consideration of the factors of § 156-6A(4) and the purposes of this chapter, the Zoning Board of Appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
(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 level, provided that the items in § 156-6A(4)(a) through (1) have been fully considered. As the lot size increases beyond the 1/2 acre, the technical justification required for issuing the variance increases.
(2)
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.
(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 increased 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 or
extraordinary public expense or create nuisances or 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 that the cost of flood insurance will be commensurate with
the increased risk resulting from lowest floor elevation.
Any violation of the provisions of this chapter shall be punished as provided in § 1-15 of Chapter 1, General Provisions, Article II, of this Code; provided, however, that the date of the violation will commence on the terminal date for correcting the violation as established by the Enforcement Officer in the notice of violation. Each week's continued violation after that established date shall constitute a separate additional violation.
