[HISTORY: Adopted by the Board of Trustees of the Village
of Williston Park 12-1-2014 by L.L. No. 5-2014. Amendments noted where
applicable.]
A.
Findings. The Board of Trustees of the Village of Williston Park
finds that the potential and/or actual damages from flooding and erosion
may be a problem to the residents of the Village of Williston Park
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;
and
(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; to provide that developers are notified that property
is in an area of special flood hazard; and
(7)
Ensure that those who occupy the areas of special flood hazard assume
responsibility for their actions.
Unless specifically defined below, words or phrases used in
this chapter shall be interpreted so as to give them the same meaning
as they have in common usage and so as to give this chapter its most
reasonable application.
A request for a review of the local administrator's
interpretation of any provision of this chapter or a request for a
variance.
That portion of a building having its floor subgrade (below
ground level) on all sides.
See "structure."
Has the same meaning as "basement."
An enclosed area beneath the lowest elevated floor, 18 inches
or more in height, which is used to service the underside of the lowest
elevated floor. The elevation of the floor of this enclosed area,
which may be of soil, gravel, concrete or other material, must be
equal to or above the lowest adjacent exterior grade. The enclosed
crawl space area shall be properly vented to allow for the equalization
of hydrostatic forces which would be experienced during periods of
flooding.
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 or storage
of equipment or materials.
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is complete before the effective date of
the floodplain management regulations adopted by the community.
The preparation of additional sites by the construction of
facilities for servicing the lots on which the manufactured homes
are to be affixed (including the installation of utilities, the construction
of streets, and either final site grading or the pouring of concrete
pads).
The federal agency that administers the National Flood Insurance
Program.
The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as a flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in Subsection A above.
Any land area susceptible to being inundated by water from
any source. (See definition of "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.
Any structure that is:
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of the Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;
Individually listed on a state inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of the Interior; or
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
The person appointed by the community to administer and implement
this chapter by granting or denying development permits in accordance
with its provisions. This person is the Building Inspector.
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 does not include a recreational vehicle.
A parcel (or contiguous parcels) of land divided into two
or more manufactured home lots for rent or sale.
Includes any individual or group of individuals, corporation,
partnership, association, or any other entity, including state and
local governments and agencies.
Includes substantial improvement and means the initiation,
excluding planning and design, of any phase of a project, 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 affixing of the manufactured home
to its permanent site.
A walled and roofed building, including a gas or liquid storage
tank that is principally above the ground, as well as a manufactured
home.
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% of the market value of the structure before the
damage occurred.
Any reconstruction, rehabilitation, addition, or other improvement
of a structure, the cost of which equals or exceeds 50% of the market
value of the structure before the start of construction of the improvement.
The term includes structures which have incurred substantial damage,
regardless of the actual repair work performed. The term does not,
however, include either:
Any project for improvement of a structure to correct existing
violations of state or local health, sanitary, or safety code specifications
which have been identified by the local code enforcement official
and which are the minimum necessary to assure safe living conditions;
or
Any alteration of an historic structure, provided that the alteration
will not preclude the structure's continued designation as an
historic structure.
A grant of relief by a community from the terms of a floodplain
management regulation.
The failure of a structure or other development to be fully
compliant with the community's floodplain management regulations.
A.
Permitting official. The Building Inspector hereinafter referred
to as the "local administrator" is responsible for receiving applications,
examining the plans and specifications and issuing permits for the
proposed construction or development.
B.
Permit requirements.
(1)
No person shall erect, construct, enlarge, alter, repair, improve,
move, or demolish any building or structure without first obtaining
a separate permit for each building or structure from the local administrator.
(2)
No man-made change to improved or unimproved real estate, including
but not limited to buildings or other structures, mining, dredging,
filling, grading, paving, excavation or drilling operations, shall
be commenced until a separate permit has been obtained from the local
administrator for each change.
(3)
No manufactured home shall be placed on improved or unimproved real
estate without first obtaining a separate permit for each mobile home
from the local administrator.
C.
Application. To obtain a permit, the applicant shall first file a
permit application on a form furnished for that purpose. The form
must be completed and submitted to the local administrator. The fee
for such permit will be set by resolution of the Village Board of
Trustees before the issuance of a permit will be considered.
D.
Permitting procedures.
(1)
After reviewing the application, the local administrator shall require
any additional measures which are necessary to meet the minimum requirements
of this chapter.
(2)
The local administrator shall review proposed development to assure
that all necessary permits have been received from those governmental
agencies from which approval is required by federal or state law,
including Section 404 of the Federal Water Pollution Control Act Amendments
of 1972, 33 U.S.C. § 1334.
(3)
The local administrator shall review all permit applications to determine
whether proposed building sites will be reasonably safe from flooding.
If a proposed building site is in a flood-prone area, all new construction
and substantial improvements (including the placement of prefabricated
buildings and mobile homes) shall:
(4)
The local administrator shall review subdivision proposals and other
proposed new development to determine whether such proposals will
be reasonably safe from flooding. If a subdivision proposal or other
proposed new development is in a flood-prone area, any such proposals
shall be reviewed to assure that:
(a)
All such proposals are consistent with the need to minimize
flood damage within the flood-prone area;
(b)
All public utilities and facilities, such as sewer, gas, electrical,
and water systems are located and constructed to minimize or eliminate
flood damage; and
(c)
Adequate drainage is provided to reduce exposure to flood hazards.
(5)
The local administrator shall require within flood-prone areas new
and replacement water supply systems to be designed to minimize or
eliminate infiltration of floodwaters into the systems; and
(6)
The permitting official shall require within flood-prone areas:
(a)
New and replacement sanitary sewage systems to be designed to
minimize or eliminate infiltration of floodwaters into the systems
and discharges from the systems into floodwaters; and
(b)
On-site waste disposal systems to be located to avoid impairment
to them or contamination from them during flooding.
A.
Appeals Board.
(1)
The Board of Appeals as established by the Village Board of Williston
Park shall hear and decide appeals and requests for variances from
the requirements of this chapter.
(2)
The 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 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 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; and
(l)
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.
(5)
Upon consideration of the factors of § 102-4A(4) and the purposes of this chapter, the 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)
Variances shall be based upon a hardship that runs with the land
and shall not be issued for economic or other personal hardships.
(2)
Variances shall be issued upon:
(a)
A showing of good and sufficient cause;
(b)
A determination that failure to grant the variance would result
in significant hardship; and
(c)
A determination that the variance will not result in increased
flood risks, create nuisances, cause fraud or victimization of the
public or conflict with existing local laws and ordinances.
(3)
Variances to this chapter shall be consistent with requirements for
variances to other local and state law, code or regulation.
