The following standards apply to new development, including new and substantially improved structures, in the areas of special flood hazard shown on the Flood Insurance Rate Map designated in § 108-6.
A. 
Subdivision proposals. The following standards apply to all new subdivision proposals and other proposed development in areas of special flood hazard (including proposals for manufactured home and recreational vehicle parks and subdivisions):
(1) 
Proposals shall be consistent with the need to minimize flood damage;
(2) 
Public utilities and facilities such as sewer, gas, electrical and water systems shall be located and constructed so as to minimize flood damage; and
(3) 
Adequate drainage shall be provided to reduce exposure to flood damage.
B. 
Encroachments.
(1) 
Within Zones A1-A30 and AE, on streams without a regulatory floodway, no new construction, substantial improvements or other development (including fill) shall be permitted unless:
(a) 
The applicant demonstrates that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any location; or
(b) 
The Town of East Fishkill agrees to apply to the Federal Emergency Management Agency (FEMA) for a conditional FIRM revision, FEMA approval is received and the applicant provides all necessary data, analyses and mapping and reimburses the Town of East Fishkill for all fees and other costs in relation to the application. The applicant must also provide all data, analyses and mapping and reimburse the Town of East Fishkill for all costs related to the final map revision.
(2) 
On streams with a regulatory floodway, as shown on the Flood Boundary and Floodway Map or the Flood Insurance Rate Map adopted in § 108-6, no new construction, substantial improvements or other development in the floodway (including fill) shall be permitted unless:
(a) 
A technical evaluation by a licensed professional engineer shows that such an encroachment shall not result in any increase in flood levels during occurrence of the base flood; or
(b) 
The Town of East Fishkill agrees to apply to the Federal Emergency Management Agency (FEMA) for a conditional FIRM and floodway revision, FEMA approval is received and the applicant provides all necessary data, analyses and mapping and reimburses the Town of East Fishkill for all fees and other costs in relation to the application. The applicant must also provide all data, analyses and mapping and reimburse the Town of East Fishkill for all costs related to the final map revisions.
C. 
No construction or development shall be permitted within the regulated floodway.
[Added 2-10-2022 by L.L. No. 1-2022]
D. 
No construction or development shall be permitted within the regulated floodplain unless approved by the local administrator.
[Added 2-10-2022 by L.L. No. 1-2022]
E. 
Unless waived by the local administrator, a "no adverse effect" analysis shall be performed and certified by a trained and qualified licensed professional engineer, as approved by the Town, experienced in performing hydraulic HEC-RAS analyses. The stream analysis shall be performed utilizing current ground-based survey; no aerial topographic data shall be accepted.
[Added 2-10-2022 by L.L. No. 1-2022]
F. 
The final report of the analysis shall include plans, sections and cross-sections of the affected properties, streams, creeks and/or rivers.
[Added 2-10-2022 by L.L. No. 1-2022]
G. 
In any area where there is an increase in the base flood elevation (BFE), the lowest adjacent grades (LAG) at all potentially affected structures in the area shall be surveyed, and if a structure's LAG was below the BFE resulting from the proposed development, then it could be assumed that water would enter and damage that structure and/or its contents. Any such identified adverse effects would then be mitigated as a condition of the floodplain development permit.
[Added 2-10-2022 by L.L. No. 1-2022]
H. 
New mounded septic fields shall not be permitted within a floodplain.
[Added 2-10-2022 by L.L. No. 1-2022]
I. 
All new development on undeveloped or redeveloped properties determined to occur in a flood zone shall meet all design standards required in this chapter and be submitted to the Zoning Board of Appeals for approval.
[Added 2-10-2022 by L.L. No. 1-2022]
The following standards apply to new development, including new and substantially improved structures, in the areas of special flood hazard shown on the Flood Insurance Rate Map designated in § 108-6.
A. 
Anchoring. New structures and substantial improvement to structures in areas of special flood hazard shall be anchored to prevent flotation, collapse, or lateral movement during the base flood. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces.
B. 
Construction materials and methods.
(1) 
New construction and substantial improvements to structures shall be constructed with materials and utility equipment resistant to flood damage.
(2) 
New construction and substantial improvements to structures shall be constructed using methods and practices that minimize flood damage.
(3) 
Enclosed areas.
(a) 
For enclosed areas below the lowest floor of a structure within Zones A1-A30, AE or AH, and also Zone A if base flood elevation data are available, new and substantially improved structures shall have fully enclosed areas below the lowest floor that are useable solely for parking of vehicles, building access or storage in an area other than a basement and which 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; and
[2] 
The bottom of all such openings no higher than one foot above the lowest adjacent finished grade.
(b) 
Openings may be equipped with louvers, valves, screens or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters. Enclosed areas subgrade on all sides are considered basements and are not permitted.
C. 
Utilities.
(1) 
New and replacement electrical equipment, heating, ventilating, air conditioning, plumbing connections, and other service equipment shall be located at least two feet above the base flood elevation or be designed to prevent water from entering and accumulating within the components during a flood and to resist hydrostatic and hydrodynamic loads and stresses. Electrical wiring and outlets, switches, junction boxes and panels shall also be elevated or designed to prevent water from entering and accumulating within the components unless they conform to the appropriate provisions of the electrical part of the Building Code of New York State or the Residential Code of New York State for location of such items in wet locations;
(2) 
New and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system;
(3) 
New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters. Sanitary sewer and storm drainage systems for buildings that have openings below the base flood elevation shall be provided with automatic backflow valves or other automatic backflow devices that are installed in each discharge line passing through a building's exterior wall; and
(4) 
On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
A. 
Elevation. The following standards apply to new and substantially improved residential structures located in areas of special flood hazard, in addition to the requirements in § 108-14A, Subdivision proposals, and § 108-14B, Encroachments, and § 108-15, Standards for all structures.
(1) 
Within Zones A1-A30, AE and AH and also Zone A if base flood elevation data are available, new construction and substantial improvements shall have the lowest floor (including basement) elevated to or above two feet above the base flood elevation.
(2) 
Within Zone A, when no base flood elevation data are available, new construction and substantial improvements shall have the lowest floor (including basement) elevated at least three feet above the highest adjacent grade.
(3) 
Within Zone AO, new construction and substantial improvements shall have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as two feet above the depth number specified in feet on the community's Flood Insurance Rate Map enumerated in § 108-6 (at least two feet if no depth number is specified).
(4) 
Within Zones AH and AO, adequate drainage paths are required to guide floodwaters around and away from proposed structures on slopes.
The following standards apply to new and substantially improved commercial, industrial and other nonresidential structures located in areas of special flood hazard, in addition to the requirements in § 108-14A, Subdivision proposals, and § 108-14B, Encroachments, and § 108-15, Standards for all structures.
A. 
Within Zones A1-A30, AE and AH, and also Zone A if base flood elevation data are available, new construction and substantial improvements of any nonresidential structure shall either:
(1) 
Have the lowest floor, including basement or cellar, elevated to or above two feet above the base flood elevation; or
(2) 
Be floodproofed so that the structure is watertight below two feet above the base flood elevation, including attendant utility and sanitary facilities, 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.
B. 
Within Zone AO, new construction and substantial improvements of nonresidential structures shall:
(1) 
Have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as two feet above the depth number specified in feet on the community's FIRM (at least two feet if no depth number is specified); or
(2) 
Together with attendant utility and sanitary facilities, be completely floodproofed to that level to meet the floodproofing standard specified in § 108-17A(2).
C. 
If the structure is to be floodproofed, a licensed professional engineer or architect shall develop and/or review structural design, specifications, and plans for construction. A floodproofing certificate or other certification shall be provided to the local administrator that certifies the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions of § 108-17A(2) including the specific elevation (in relation to mean sea level) to which the structure is to be floodproofed.
D. 
Within Zones AH and AO, adequate drainage paths are required to guide floodwaters around and away from proposed structures on slopes.
E. 
Within Zone A, when no base flood elevation data are available, the lowest floor (including basement) shall be elevated at least three feet above the highest adjacent grade.
The following standards in addition to the standards in § 108-14, General standards, § 108-15, Standards for all structures, apply, as indicated, in areas of special flood hazard to manufactured homes and to recreational vehicles which are located in areas of special flood hazard.
A. 
Recreational vehicles.
(1) 
Recreational vehicles placed on sites within Zones A1-A30, AE and AH shall either:
(a) 
Be on site fewer than 180 consecutive days;
(b) 
Be fully licensed and ready for highway use; or
(c) 
Meet the requirements for manufactured homes in Subsections B, C and D.
(2) 
A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices and has no permanently attached additions.
B. 
A manufactured home that is placed or substantially improved in Zones A1-A30, AE and AH shall be elevated on a permanent foundation such that the lowest floor is elevated to or above two feet above the base flood elevation and is securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement.
C. 
Within Zone A, when no base flood elevation data are available, new and substantially improved manufactured homes shall be elevated such that the manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and are securely anchored to an adequately anchored foundation system to resist flotation, collapse or lateral movement.
D. 
Within Zone AO, the floor shall be elevated above the highest adjacent grade at least as high as two feet above the depth number specified on the Flood Insurance Rate Map enumerated in § 108-6 (at least two feet if no depth number is specified).