The Town Board of the Town of Philipstown shall appoint by resolution
the floodplain administrator as the local administrator to administer
and enforce this chapter by granting or denying floodplain development
permits and citing in writing any noncompliances in accordance with
its provisions.
A.
Purpose. A floodplain development permit is hereby required for all construction and other development to be undertaken in areas of special flood hazard in this community 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 § 90-6, 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. Such forms shall be prescribed by and may be amended by resolution of the Town Board.
B.
Fees. All applications for a floodplain development permit shall
be accompanied by an application fee set forth in the Town of Philipstown
Fee Schedule. The Town Board may adopt a schedule of fees concerning
the applications, inspections, petitions and other matters specified
in this chapter. Such fees may be amended from time to time by resolution
of the Town Board.
The applicant shall provide the following information as appropriate.
Additional information may be required on the permit application form.
A.
The proposed elevation, in relation to mean sea level, of the lowest
floor (including basement or cellar) of any new or substantially improved
structure to be located in Zones A1-A30, AE or AH, or Zone A if base
flood elevation data are available. Upon completion of the lowest
floor, the permittee shall submit to the local administrator the as-built
elevation, certified by a licensed professional engineer or surveyor.
B.
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.
C.
A certificate from a licensed professional engineer or architect that any utility floodproofing will meet the criteria in § 90-15C, Utilities.
D.
A certificate from a licensed professional engineer or architect that any nonresidential floodproofed structure will meet the floodproofing criteria in § 90-17, Nonresidential structures.
E.
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 § 90-6, 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.
F.
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.
G.
In Zone A, when no base flood elevation data are available from other sources, base flood elevation data shall be provided for all construction and other development to be undertaken as part of a subdivision proposals (see Chapter 112, Land Development) and other proposed developments (see Chapter 175, Special Use and Site Plan Approval)[1] (including proposals for manufactured home and recreational
vehicle parks and subdivisions).
Duties of the local administrator shall include, but not be
limited to, the following:
A.
Permit application review. The local administrator shall conduct
the following permit application review before issuing a floodplain
development permit:
(1)
Review all applications for completeness, particularly with the requirements of § 90-12, Application for permit, and for compliance with the provisions and standards of this chapter.
(2)
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 Article V, Construction Standards and, in particular, § 90-14A, Subdivision proposals.
(3)
Determine whether any proposed development in an area of special flood hazard may result in physical damage to any other property (e.g., stream bank erosion and increased flood velocities). The local administrator may require the applicant to submit additional technical analyses and data necessary to complete the determination. If the proposed development may result in physical damage to any other property or fails to meet the requirements of Article V, 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.
(4)
Determine that all necessary permits have been received from those
governmental agencies from which approval is required by state or
federal law.
B.
Use of other flood data.
(1)
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 § 90-12G as criteria for requiring that new construction, substantial improvements or other proposed development meet the requirements of this chapter.
(2)
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.
C.
Alteration of watercourses.
(1)
Notification to adjacent communities and the New York State Department
of Environmental Conservation prior to permitting any alteration or
relocation of a watercourse, and submittal of evidence of such notification
to the Regional Administrator, Region II, Federal Emergency Management
Agency.
(2)
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.
D.
Permit issuance; time limit.
(1)
Where the local administrator determines that an application for
a flood development permit is in compliance with this chapter and
the Code of the Town of Philipstown, he/she shall issue such permit.
(2)
Time limits. The flood development permits shall become invalid unless
the authorized work is commenced within six months following the date
of issuance. The flood development permits shall expire 24 months
after the date of issuance. A flood development permit which has expired
may be renewed upon application by the permit holder and fee paid.
E.
Construction stage.
(1)
Before the start of work, a bench mark showing the base flood elevation
shall be placed in the field no more than 50 feet from the edge of
development activity.
(2)
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, the
permit holder shall submit 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).
(3)
Any further work undertaken prior to submission and approval of the
certification shall be at the permit holder's risk. The local
administrator shall review all data submitted. Deficiencies detected
shall be cause to issue a stop-work order for the project unless immediately
corrected.
F.
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 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.
G.
Stop-work orders.
(1)
Authority to issue. The local administrator is authorized to issue
stop-work orders pursuant to this section. The local administrator
shall issue a stop-work order to halt:
(2)
Content of stop-work orders. Stop-work orders shall be in writing,
be dated and signed by the local administrator, state the reason or
reasons for issuance, and, if applicable, state the conditions which
must be satisfied before work will be permitted to resume.
(3)
Service of stop-work orders. The local administrator shall cause
the stop-work order, or a copy thereof, to be served on the owner
of the affected property (and, if the owner is not the permit holder,
on the permit holder) personally or by certified mail. The local administrator
shall be permitted, but not required, to cause the stop-work order,
or a copy thereof, to be served on any builder, architect, tenant,
contractor, subcontractor, construction superintendent, or their agents,
or any other person taking part or assisting in work affected by the
stop-work order, personally or by certified mail; provided, however,
that failure to serve any person mentioned in this sentence shall
not affect the efficacy of the stop-work order.
(4)
Effect of stop-work order. Upon the issuance of a stop-work order,
the owner of the affected property, the permit holder and any other
person performing, taking part in or assisting in the work shall immediately
cease all work which is the subject of the stop-work order.
H.
Certificate of compliance. All flood development permits completed
require the issuance of a certificate of compliance.
(1)
In areas of special flood hazard, as determined by documents enumerated in § 90-6, 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;
(2)
A certificate of compliance shall be issued by the local administrator
upon submission by a licensed land surveyor or professional engineer
certifying that the development activity has been completed and is
in compliance with the plans and specifications on file and this chapter;
and
(3)
The issuance of the certificate of compliance shall be based upon the inspections conducted as prescribed in § 90-13F, Inspections, and the submission of an elevation certificate or flood development certificate for structures or certified elevations, hydraulic data, floodproofing, anchoring requirements or encroachment analyses by licensed land surveyor or professional engineer.
I.
Information to be retained. The local administrator shall retain,
and make available for inspection, copies of the following:
(1)
Floodplain development permits and certificates of compliance;
(2)
Certifications of as-built lowest floor elevations of structures, required pursuant to § 90-13E and whether or not the structures contain a basement;
