The Zoning Administrator is hereby appointed local administrator
to administer and implement this chapter by granting or denying floodplain
development permits in accordance with its provisions.
A.
Purpose. A floodplain development permit is hereby established 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 § 50-6, 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.
B.
Fees.
(1)
All applications for a floodplain development permit shall be accompanied
by an application fee in accordance with the Schedule of Fees adopted,
and periodically amended, by the Town of Pleasant Valley Town Board.
In addition, the applicant shall be responsible for reimbursing the
Town of Pleasant Valley for any additional costs necessary for review,
inspection and approval of this project. The local administrator may
require a deposit of no more than $500 to cover these additional costs.
(2)
Every applicant for a permit under this chapter, and landowner if different, shall be jointly and severally responsible for payment of all reasonable and necessary costs of consultant services (defined hereafter), where the Town uses the services of private engineers, attorneys or other consultants ("consultant services") 1) for purposes of engineering, scientific land use planning, environmental or legal reviews of the adequacy or substantive details of applications, or issues raised during the course of review of applications for permits pursuant to this chapter, which permits are not sought as part of another application before any Town board under either Chapter 98, Zoning, or Chapter 82, Subdivision of Land, and/or 2) to assist in assuring or enforcing an applicant's compliance with the terms and conditions of all the aforementioned administrative and legislative permits or approvals. In no event shall that responsibility be greater than the actual cost to the Town of such consultant services.
(3)
Upon submission of an application for any permit or approval covered
under this chapter, the permit applicant and/or property owner shall
deposit such funds as required pursuant to the Schedule of Escrow
Funds periodically adopted and updated by the Town Board, together
with any applicable fees as set forth on the Town of Pleasant Valley
Schedule of Fees, as may be periodically adopted and updated by the
Town Board. In the event any escrow deposit is depleted below the
minimum permitted amount, review of such application shall cease and
not recommence until-such-time as the escrow deposit has been replenished
as required.
(4)
Every applicant, and landowner, if different, shall, upon submission
of an application subject to the provisions of this chapter, execute
and deliver an escrow agreement, acceptable in form and content to
the Attorney to the Town, acknowledging the obligations set forth
herein.
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 § 50-15C, Utilities.
D.
A certificate from a licensed professional engineer or architect that any nonresidential floodproofed structure will meet the floodproofing criteria in § 50-17, 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 § 50-6, 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 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 five
acres.
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 § 50-12, 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 IV, Construction Standards and, in particular, § 50-14A, 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 IV, 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, if applicable, data developed pursuant to § 50-12G, 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 the local administrator shall:
(1)
Notify 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)
Prior to issuance of a permit hereunder, the local administrator
shall determine that the proposed 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.
Construction stage.
(1)
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
local administrator shall 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).
(2)
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.
E.
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.
F.
Stop-work orders.
(1)
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 § 50-8 of this chapter.
(2)
The local administrator shall issue, or cause to be issued, a stop-work order for any floodplain development found noncompliant 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 § 50-8 of this chapter.
G.
Certificate of compliance.
(1)
In areas of special flood hazard, as determined by documents enumerated in § 50-6, 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 satisfactory completion of all development in areas of special
flood hazard.
(3)
Issuance of the certificate shall be based upon the inspections conducted as prescribed in § 50-13E, Inspections, and/or any certified elevations, hydraulic data, floodproofing, anchoring requirements or encroachment analyses which may have been required as a condition of the approved permit as well as maps and computations relating to watercourse alterations or relocations, if applicable, and payment of all fees as per § 50-11B.
H.
Information to be retained. The local administrator shall retain
and make available for inspection, copies of the following:
