Village of Saranac Lake, NY Land Development Regulations

§ 106-139 Compliance with other laws; findings; purpose; applicability.

In addition to complying with the requirements of this article, all development activities should reflect conformance with other applicable state and federal laws, including the New York State Stormwater Management Design Manual and the New York State Standards and Specifications for Erosion and Sediment Control.

Findings of fact. It is hereby determined that:

(1)

Land development activities and associated increases in site impervious cover often alter the hydrologic response of local watersheds and increase stormwater runoff rates and volumes, flooding, stream channel erosion, or sediment transport and deposition;

(2)

This stormwater runoff contributes to increased quantities of water-borne pollutants, including siltation of aquatic habitat for fish and other desirable species;

(3)

Clearing and grading during construction tend to increase soil erosion and add to the loss of native vegetation necessary for terrestrial and aquatic habitat;

(4)

Improper design and construction of stormwater management practices can increase the velocity of stormwater runoff, thereby increasing stream bank erosion and sedimentation;

(5)

Impervious surfaces allow less water to percolate into the soil, thereby decreasing groundwater recharge and stream base flow;

(6)

Substantial economic losses can result from these adverse impacts on the waters of the municipality;

(7)

Stormwater runoff, soil erosion and nonpoint source pollution can be controlled and minimized through the regulation of stormwater runoff from land development activities;

(8)

The regulation of stormwater runoff discharges from land development activities in order to control and minimize increases in stormwater runoff rates and volumes, soil erosion, stream channel erosion, and nonpoint source pollution associated with stormwater runoff is in the public interest and will minimize threats to public health and safety; and

(9)

Regulation of land development activities by means of performance standards governing stormwater management and site design will produce development compatible with the natural functions of a particular site or an entire watershed and thereby mitigate the adverse effects of erosion and sedimentation from development.

Purpose. The purpose of this article is to establish minimum stormwater management requirements and controls to protect and safeguard the general health, safety, and welfare of the public residing within the Village This article seeks to meet those purposes by achieving the following objectives:

(1)

Require land development activities to conform to the substantive requirements of the NYS SPDES General Permit for Construction Activities GP-0-10-001, or as amended or revised;

(2)

Minimize increases in stormwater runoff from land development activities in order to reduce flooding, siltation, increases in stream temperature, and stream bank erosion and maintain the integrity of stream channels;

(3)

Minimize increases in pollution caused by stormwater runoff from land development activities which would otherwise degrade local water quality;

(4)

Minimize the total annual volume of stormwater runoff which flows from any specific site during and following development to the maximum extent practicable; and

(5)

Reduce stormwater runoff rates and volumes, soil erosion and nonpoint source pollution, wherever possible, through stormwater management practices and to ensure that these management practices are properly maintained and eliminate threats to public safety.

Applicability.

(1)

This article shall be applicable to all land development activities as defined in this code.

(2)

The Director shall accept and review all stormwater pollution prevention plans and forward such plans to the Development Board. The Director may:

(a)

Review the plans;

(b)

Upon approval by the Village Board of Trustees, engage the services of a registered professional engineer (PE), registered landscape architect (RLA), or certified professional in erosion and sediment control (CPESC) to review the plans, specifications and related documents at a cost not to exceed a fee schedule established by said governing board; or

(c)

Accept the certification of a licensed, professional engineer (PE) as licensed by the New York Department of Education or registered landscape architect (RLA) that the plans conform to the requirements of this article.

(3)

All development in excess of one acre and subject to review and approval by the Development Board of the Village of Saranac Lake under site plan review and special use permit regulations, and/or major subdivisions, shall be subject to the standards contained in this article.

Exemptions. The following activities may be exempt from review under this article:

(1)

Land development activities that disturb less than one acre and are performed in a manner that maintains the original line and grade and hydraulic capacity, including road maintenance that does not disturb the soil, such as repaving, and minor subdivisions;

(2)

Repairs to any stormwater management practice or facility deemed necessary by the Director;

(3)

Any part of a subdivision if a plat for the subdivision has been approved by the Development Board on or before the effective date of this article, but is still subject to the regulations set forth in SPDES GP-0-10-001, or as amended or revised;

(4)

Land development activities for which a building permit has been approved on or before the effective date of this article;

(5)

Individual cemetery graves;

(6)

Installation of fence, sign, telephone, and electric poles and other kinds of posts or poles;

(7)

Emergency activity immediately necessary to protect life, property or natural resources;

(8)

Activities of an individual engaging in home gardening by growing flowers, vegetables and other plants primarily for use by that person and his or her family; and

(9)

Landscaping and horticultural activities in connection with an existing structure.

§ 106-140 Stormwater pollution prevention plans.

Stormwater pollution prevention plan requirement. No application for approval of a land development activity subject to the requirements of this article shall be reviewed until the Development Board has received a stormwater pollution prevention plan (SWPPP) prepared in accordance with the specifications in this section.

Contents of a SWPPP.

(1)

All SWPPPs shall provide the following background information and erosion and sediment controls:

(a)

Background information about the scope of the project, including location, type and size of project;

(b)

Site map/construction drawing(s) for the project, including a general location map at a scale that shows the relationship of the site to water resources. At a minimum, the site map should show the total site area; all improvements; areas of disturbance; areas that will not be disturbed; existing vegetation; on-site and adjacent off-site surface water(s); wetlands and drainage patterns that could be affected by the construction activity; existing and final slopes; locations of off-site material, waste, borrow or equipment storage areas; and location(s) of the stormwater discharges(s). Site maps shall be at a scale no smaller than one inch equals 50 feet;

(c)

Description of the soil(s) present at the site;

(d)

Construction phasing plan describing the intended sequence of construction activities, including clearing and grubbing, excavation and grading, utility and infrastructure installation and any other activity at the site that results in soil disturbance, and the total disturbed acreage of each phase. A site plan shall be at a scale that shows sufficient detail to illustrate the project phasing. Consistent with the New York Standards and Specifications for Erosion and Sediment Control, not more than five acres shall be disturbed at any one time unless approved by the DEC Region five Regional Office pursuant to the SPDES manual (GP-0-10-001) and pursuant to an approved plan;

(e)

Description of the pollution prevention measures that will be used to control litter, construction chemicals and construction debris from becoming a pollutant source in stormwater runoff;

(f)

Description of construction and waste materials expected to be stored on site with updates as appropriate, and a description of controls to reduce pollutants from these materials, including storage practices to minimize exposure of the materials to stormwater, and spill prevention and response;

(g)

Temporary and permanent structural and vegetative measures to be used for soil stabilization, runoff control and sediment control for each stage of the project, from initial land clearing and grubbing to project closeout;

(h)

A site map/construction drawing(s) specifying the location(s), size(s) and length(s) of each erosion and sediment control practice;

(i)

Dimensions, material specifications and installation details for all erosion and sediment control practices, including the siting and sizing of any temporary sediment basins according to the New York Standards and Specifications for Erosion and Sediment Control;

(j)

Temporary practices that will be converted to permanent control measures;

(k)

Implementation schedule for staging temporary erosion and sediment control practices, including the timing of initial placement and duration that each practice should remain in place;

(l)

Maintenance schedule to ensure continuous and effective operation of the erosion and sediment control practice;

(m)

Name(s) of the receiving water(s);

(n)

Delineation of SWPPP implementation responsibilities for each part of the site;

(o)

Description of structural practices designed to divert flows from exposed soils, store flows, or otherwise limit runoff and the discharge of pollutants from exposed areas of the site to the degree attainable; and

(p)

Any existing data that describes the stormwater runoff at the site.

(2)

SWPPP requirements for those projects requiring post-construction stormwater controls:

(a)

All information referenced above;

(b)

Description of each post-construction stormwater management practice;

(c)

Site map/construction drawing(s) showing the specific location(s) and size(s) of each post-construction stormwater management practice;

(d)

Hydrologic and hydraulic analysis for all structural components of the stormwater management system for the water quality volume, stream channel protection volume, overbank flood control, and extreme flood control storm events as defined in this article;

(e)

Comparison of post-development stormwater runoff conditions with predevelopment conditions;

(f)

Dimensions, material specifications and installation details for each post-construction stormwater management practice;

(g)

Maintenance schedule to ensure continuous and effective operation of each post-construction stormwater management practice;

(h)

In any case where the Village of Saranac Lake will not take ownership of the stormwater facility, maintenance easements to ensure access to all stormwater management practices at the site for the purpose of inspection and repair. Easements shall be recorded on the plan and shall remain in effect with transfer of title to the property; and

(i)

Inspection and maintenance agreement binding on all subsequent landowners served by the on-site stormwater management measures.

Plan certification. The SWPPP shall be prepared by an individual with designation as certified professional erosion and sediment control (CPESC), RLA, or PE and must be signed by the professional preparing the plan, who shall certify that the design of all stormwater management practices meets the requirements in this article.

Other environmental permits. The applicant shall assure that all other applicable environmental permits have been or will be acquired for the land development activity prior to approval of the final stormwater design plan.

(1)

Contractor certification.

(a)

Each contractor and subcontractor identified in the SWPPP who will be involved in soil disturbance and/or stormwater management practice installation shall sign and date a copy of the following certification statement before undertaking any land development activity: "I certify under penalty of law that I understand and agree to comply with the terms and conditions of the stormwater pollution prevention plan. I also understand that it is unlawful for any person to cause or contribute to a violation of water quality standards."

(b)

The certification must include the name and title of the person providing the signature; address and telephone number of the contracting firm; the address (or other identifying description) of the site; and the date the certification is made.

(c)

The certification statement(s) shall become part of the SWPPP for the land development activity.

(2)

A copy of the SWPPP shall be retained at the site of the land development activity during construction from the date of initiation of construction activities to the date of final stabilization.

§ 106-141 Performance and design criteria.

All land development activities shall be subject to the following performance and design criteria:

Technical standards. For the purpose of this article, the following documents shall serve as the official guides and specifications for stormwater management. Stormwater management practices that are designed and constructed in accordance with these technical documents shall be presumed to meet the standards imposed by this article:

(1)

The New York State Stormwater Management Design Manual (New York State Department of Environmental Conservation, most current version or its successor, hereafter referred to as the "Design Manual"); and

(2)

The New York Standards and Specifications for Erosion and Sediment Control (Empire State Chapter of the Soil and Water Conservation Society, most current version or its successor, hereafter referred to as the "Erosion Control Manual").

Water quality standards. No land development activity shall off-site transport of sediment and/or increase runoff volume.

§ 106-142 Maintenance and repair of stormwater facilities.

Maintenance during construction.

(1)

The applicant or developer of the land development activity shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the applicant or developer to achieve compliance with the conditions of this article. Sediment shall be removed from sediment traps or sediment ponds whenever their design capacity has been reduced by 50%.

(2)

The applicant or developer or their representative shall be on site at all times when construction or grading activity takes place and shall inspect and document the effectiveness of all erosion and sediment control practices. Inspections and inspection reports must be completed in accordance with GP-0-10-001, or as amended or revised.

Maintenance after construction. The owner or operator of permanent stormwater management practices installed in accordance with this article shall ensure they are operated and maintained to achieve the goals of this article. Proper operation and maintenance also includes, as a minimum, the following:

(1)

A preventive/corrective maintenance program for all critical facilities and systems of treatment and control (or related appurtenant structures) which are installed or used by the owner or operator to achieve the goals of this article;

(2)

Written procedures for operation and maintenance and training new maintenance personnel; and

(3)

Discharges from the SMPs shall not exceed design criteria.

Maintenance agreements. In such a case where the Village shall not be the owner of stormwater management facilities, the following shall apply: The Village shall approve a formal maintenance agreement for stormwater management facilities binding on all subsequent landowners.

§ 106-143 Administration; inspections; recordkeeping.

Construction inspection.

(1)

Erosion and sediment control inspection.

(a)

The Director may require such inspections as necessary to determine compliance with this article and may either approve that portion of the work completed or notify the applicant wherein the work fails to comply with the requirements of this article and the SWPPP as approved. To obtain inspections, the applicant shall notify the Village-designated official at least 48 hours before any of the following, as required by the Director:

[1]

Start of construction;

[2]

Installation of sediment and erosion control measures;

[3]

Completion of site clearing;

[4]

Completion of rough grading;

[5]

Completion of final grading;

[6]

Close of the construction season;

[7]

Completion of final landscaping; and

[8]

Successful establishment of landscaping in public areas.

(b)

If any violations are found, the applicant and developer shall be notified, in writing, of the nature of the violation and the required corrective actions. No further work shall be conducted, except for site stabilization, until any violations are corrected and all work previously completed has received approval by the Director.

(2)

Stormwater management practice inspections. A qualified consultant (must be a PE, RLA, or CPESC) is responsible for conducting inspections of stormwater management practices (SMPs). All applicants are required to submit as-built plans for any stormwater management practices located on site after final construction is completed. The plan must show the final design specifications for all stormwater management facilities and must be certified by a PE or RLA.

(3)

Inspection of stormwater facilities after project completion. In cases where the Village of Saranac Lake shall not be the owner of stormwater management facilities, the following shall apply:

(a)

Inspection programs shall be established on any reasonable basis, including but not limited to routine inspections; random inspections; inspections based upon complaints or other notice of possible violations; inspection of drainage basins or areas identified as higher-than-typical sources of sediment or other contaminants or pollutants; inspections of businesses or industries of a type associated with higher-than-usual discharges of contaminants or pollutants or with discharges of a type which are more likely than the typical discharge to cause violations of state or federal water or sediment quality standards or the SPDES stormwater permit; and joint inspections with other agencies inspecting under environmental or safety laws.

(b)

Inspections may include, but are not limited to, reviewing maintenance and repair records; sampling discharges, surface water, groundwater, and material or water in drainage control facilities; and evaluating the condition of drainage control facilities and other stormwater management practices.

(c)

Inspections may be performed by local government staff, or the local government may designate an inspector required to be a PE, RLA, or CPESC.

(d)

The designated inspector is required to submit a report of his or her findings to the local government.

Right-of-entry for inspection. When any new stormwater management facility is installed on private property or when any new connection is made between private property and the public stormwater system, the landowner shall grant to the Village the right to enter the property at reasonable times and in a reasonable manner for the purposes of this article.

Recordkeeping. The Village of Saranac Lake may require entities subject to this article to maintain records demonstrating compliance with this article.

Article XIX Flood Damage Prevention

§ 106-144 Findings.

The Board of Trustees finds that the potential and/or actual damages from flooding and erosion may be a problem to the residents of the Village 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. It is the purpose of this article 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:

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;

Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

Control the alteration of natural floodplains, stream channels and natural protective barriers which are involved in the accommodation of floodwaters;

Control filling, grading, dredging and other development which may increase erosion or flood damages;

Regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands; and

Qualify for and maintain participation in the National Flood Insurance Program.

§ 106-145 Objectives.

The objectives of this article are:

To protect human life and health;

To minimize the expenditure of public money for costly flood-control projects;

To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

To minimize prolonged business interruptions;

To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard;

To 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,

To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.

§ 106-146 Word usage; definitions.

Unless specifically defined elsewhere in this chapter,[1] words or phrases used in this article shall be interpreted so as to give them the meaning they have in common usage and to give this article its most reasonable application.

[1]

Editor's Note: See § 106-6, Definitions.

§ 106-147 Applicability.

This article shall apply to all areas of special flood hazard within the jurisdiction of the Village.

§ 106-148 Basis for establishing areas of special flood hazard.

The areas of special flood hazard are identified and defined on the following documents prepared by the Federal Emergency Management Agency:

(1)

Flood Insurance Rate Map (FIRM) single panel No. 360273 0001, whose effective date is January 2, 1992, and any subsequent revision to this map panel that does not affect areas under our community's jurisdiction;

(2)

A scientific and engineering report entitled "Flood Insurance Study, Village of Saranac Lake, New York, Essex and Franklin County," dated January 2, 1992, and any subsequent revision to this report that does not affect areas under our community's jurisdiction;

(3)

Letter of Map Revision, Case No. 14-2-1850P, effective June 2, 2015, amending Flood Insurance Rate Map Panel360273 0001C, Flood Profile 03P and 04P, and Floodway Data Table 2.

The above documents are hereby adopted and declared to be a part of this article. The Flood Insurance Study and/or maps are on file at the office of the Village Clerk, Suite 9, 37 Main Street, Saranac Lake, New York.

§ 106-149 Interpretation; conflict with other laws.

This article includes all revisions to the National Flood Insurance Program through November 1, 1989, and shall supersede all previous laws adopted for the purpose of flood damage prevention.

In their interpretation and application, the provisions of this article shall be held to be minimum requirements, adopted for the promotion of the public health, safety and welfare. Whenever the requirements of this article are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the most restrictive or that imposing the highest standards shall govern.

§ 106-150 Warning and disclaimer of liability.

The degree of flood protection required by this article 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 article 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 article shall not create liability on the part of the Village, any officer or employee thereof or the Federal Emergency Management Agency for any flood damages that result from reliance on this article or any administrative decision lawfully made thereunder.

§ 106-151 Designation of local administrator.

The Director is hereby appointed local administrator to administer and implement this article by granting or denying floodplain development permits in accordance with its provisions.

§ 106-152 Development permit.

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 ensuring 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 FIRM enumerated in § 106-148A(1), without a valid floodplain development permit. Application for a permit shall be made on forms furnished by the Director 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.

Fees. All applications for a floodplain development permit shall be accompanied by an application fee in an amount to be determined by resolution of the Board of Trustees. In addition, the applicant shall be responsible for reimbursing the Village for any additional costs necessary for review, inspection and approval of this project.

§ 106-153 Permit application.

The applicant shall provide at least the following information, where applicable (additional information may be required on the permit application form):

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 is 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;

The proposed elevation, in relation to mean sea level, of the bottom of the lowest structural member of the lowest floor, excluding pilings and columns, of any new or substantially improved structure to be located in Zones V1 — V30 or VE, or Zone V if base flood elevation data is available. Upon completion of the lowest floor, the permittee shall submit to the Building Inspector the as-built elevation, certified by a licensed professional engineer or surveyor;

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 Building Inspector the as-built floodproofed elevation, certified by a professional engineer or surveyor;

A certificate from a licensed professional engineer or architect that any utility floodproofing will meet the criteria of this article;

Utilities: a certificate from a licensed professional engineer or architect that any nonresidential floodproofed structure will meet the floodproofing of this article;

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 this article;

Basis for establishing areas of special flood hazard. When notified by the Director the applicant 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;

A technical analysis by a licensed professional engineer, if required by the Director, which shows whether proposed development to be located in an area of special flood hazard may result in physical damage to any other property; and

In Zone A, when no base flood elevation data is 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.

§ 106-154 Powers and duties of local administrator.

Duties of the Director shall include, but shall not be limited to, the following:

Permit application review. The Director shall conduct the following permit application review before issuing a floodplain development permit. The Director shall review all applications for completeness, particularly with the requirements of § 106-153, and for compliance with the provisions and standards of this article;

Review subdivision and other proposed new development, including manufactured home communities, 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 this article;

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 Director 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 this article, 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; and

Determine that all necessary permits have been received from those governmental agencies from which approval is required by state or federal law.

§ 106-155 Use of other flood data.

When the Federal Emergency Management Agency has designated areas of special flood hazard on the community's 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 Director 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 § 106-153, as criteria for requiring that new construction, substantial improvements or other proposed development meet the requirements of this article.

When base flood elevation data is not available, the Director 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 article.

§ 106-156 Alteration of watercourses.

The Director shall notify adjacent communities and the DEC prior to permitting any alteration or relocation of a watercourse and shall submit evidence of such notification to the Regional Director, Region II, Federal Emergency Management Agency.

The Director shall 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.

§ 106-157 Construction Stage.

In Zones A1 — A30, AE and AH, and also Zone A if base flood elevation data is available, upon placement of the lowest floor or completion of floodproofing of a new or substantially improved structure, the Director 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 the 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 recreation vehicle if it remains on a site for 180 consecutive days or longer (unless it is fully licensed and ready for highway use).

Any further work undertaken prior to submission and approval of the certification shall be at the permit holder's risk. The Director shall review all data submitted. Deficiencies detected shall be cause to issue a stop-work order for the project unless immediately corrected.

Inspections. The Director and/or the applicant'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.

§ 106-158 Certificate of compliance.

In areas of special flood hazard, as determined by documents enumerated in § 106-148, 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 article.

A certificate of compliance shall be issued by the Director upon satisfactory completion of all development in areas of special flood hazard.

Issuance of the certificate shall be based upon the inspections conducted as prescribed in § 106-157C, 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.

§ 106-159 Retention and availability of information.

The Director shall retain and make available for inspection copies of the following:

Floodplain development permits and certificates of compliance;

Certifications of as-built lowest floor elevations of structures, required pursuant to of this article and whether or not the structures contain a basement;

Floodproofing certificates required pursuant to this article and whether or not the structures contain a basement;

Variances issued pursuant to the requirements of this article; and

Notices required under of this article.

§ 106-160 General construction standards.

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 § 106-148A(1) of this article:

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.

§ 106-161 Encroachments.

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 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 the Village 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 Village of Saranac Lake for all fees and other costs in relation to the application. The applicant must also provide all data, analyses and mapping and reimburse the Village of Saranac Lake for all costs related to the final map revision.

On streams with a regulatory floodway, as shown on the Flood Boundary and Floodway Map or the FIRM adopted in § 106-148A(1), no new construction, substantial improvements or other development (including fill) shall be permitted unless 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 the Village agrees to apply to 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 Village for all fees and other costs in relation to the application. The applicant must also provide all data, analyses and mapping and reimburse the Village for all costs related to the final map revisions.

§ 106-162 Specific construction standards.

Anchoring. New structures and substantial improvements 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.

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)

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 is available, new and substantially improved structures shall have fully enclosed areas below the lowest floor that are usable 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: 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; and the bottom of all such openings shall be no higher than one foot above the lowest adjacent finished grade. 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 with subgrade on all sides are considered basements and are not permitted.

§ 106-163 Utilities.

Machinery and equipment servicing a building must either be elevated to or above the base flood level or designed to prevent water from entering or accumulating within the components during a flood. This includes heating, ventilating and air-conditioning equipment, hot-water heaters, appliances, elevator-lift machinery and electrical junction and circuit breaker boxes. When located below the base flood elevation, a professional engineer's or architect's certification of the design is required.

New and replacement water supply systems shall be designed to minimize or eliminate the infiltration of floodwaters into the system.

New and replacement sanitary sewer systems shall be designed to minimize or eliminate the 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.

On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

§ 106-164 Residential structures.

Specific standards apply to residential structures located in areas of special flood hazard as indicated:

Within Zones A1 — A30, AE and AH, and also Zone A if base flood elevation data is available, new construction and substantial improvements shall have the lowest floor, including basement, elevated to or above the base flood level.

Within Zone A, when no base flood elevation data is available, new and substantially improved structures shall have the lowest floor, including basement, elevated at least three feet above the highest adjacent grade.

Within Zone AO, new and substantially improved structures shall have the lowest floor, including basement, elevated above the highest adjacent grade at least as high as the depth number, specified in feet, on the community's Flood Insurance Rate Map enumerated in § 106-148A(1) of this article (at least two feet if no depth number is specified).

Within Zones AH and AO, adequate drainage paths are required to guide floodwaters around and away from proposed structures on slopes.

§ 106-165 Nonresidential structures.

The following standards apply to new and substantially improved commercial, industrial and other nonresidential structures:

Within Zones A1 — A30, AE and AH, and also Zone A if base flood elevation data is available, new construction and substantial improvements of any nonresidential structure, together with attendant utility and sanitary facilities, shall either:

(1)

Have the lowest floor, including basement or cellar, elevated to or above the base flood elevation; or

(2)

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.

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 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 § 106-165A(2) of this article.

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 Director that certifies that the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions of this article, including the specific elevation (in relation to mean sea level) to which the structure is to be floodproofed.

Within Zones AH and AO, adequate drainage paths are required to guide floodwaters around and away from proposed structures on slopes.

Within Zone A, when no base flood elevation data is available, the lowest floor, including basement, shall be elevated at least three feet above the highest adjacent grade.

§ 106-166 Manufactured homes and recreational vehicles.

The following standards, in addition to the standards in § 106-160, General construction standards, and § 106-162, Specific construction standards, listed above, apply in areas of special flood hazard to manufactured homes and to recreational vehicles which are located in areas of special flood hazard. Recreational vehicles placed on sites within Zones A1 — A30, AE, AH, V1 — V30, V and VE shall either be on site fewer than 180 consecutive days, be fully licensed and ready for highway use, or meet the requirements for manufactured homes listed in this article. 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.

A manufactured home that is placed or substantially improved in Zones A1 — A30, AE, AH, V1 — V30 or VE that is on a site, either outside of an existing manufactured home park or subdivision, in a new manufactured home park or subdivision as herein defined, in an expansion to an existing manufactured home park or subdivision as herein defined, or in an existing manufactured home park or subdivision as herein defined, on which a manufactured home has incurred substantial damage as the result of a flood shall, within Zones A1 — A30, AE and AH, be elevated on a permanent foundation such that the lowest floor is elevated to or above the base flood elevation and is securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement or, within Zones V1 — V30 and VE, be elevated on a pile foundation such that the bottom of the lowest structural member of the lowest floor, excluding pilings and columns, is elevated to or above the base flood elevation and securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors.

A manufactured home to be placed or substantially improved in Zones A1 — A30, AE, AH, V1 — V30 or VE in an existing manufactured home park or subdivision that is not to be placed on a site on which a manufactured home has incurred substantial damage shall be elevated in a manner such as required in this article or 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.

Within Zone A or V, when no base flood elevation data is available, new and substantially improved manufactured homes shall have the floor elevated at least three feet above the highest adjacent grade.

Within Zone AO, the floor shall be elevated above the highest adjacent grade at least as high as the depth number specified on the Flood Insurance Rate Map enumerated in this article (at least two feet if no depth number is specified).

§ 106-167 Appeals.

The Development Board, as established by the Village, shall hear and decide appeals and requests for variances from the requirements of this article.

The Development Board shall hear and decide appeals when it is alleged there is an error in any requirement, decision or determination made by the Director in the enforcement or administration of this article.

Those aggrieved by the decision of the Development Board may appeal such decision to the Supreme Court pursuant to Article 78 of the Civil Practice Law and Rules.

In passing upon such applications, the Development Board shall consider all technical evaluations, all relevant factors, standards as specified in this article and:

(1)

The danger that materials may be swept onto other lands to the injury of others;

(2)

The danger to life and property due to flooding or erosion;

(3)

The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

(4)

The importance of the services provided by the proposed facility to the community;

(5)

The necessity to the facility of a waterfront location, where applicable;

(6)

The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;

(7)

The compatibility of the proposed use with existing and anticipated development;

(8)

The relationship of the proposed use to the Comprehensive Plan and the goals and objectives of the Village LWRP and floodplain management program of that area;

(9)

The safety of access to the property in times of flood for ordinary and emergency vehicles;

(10)

The costs to local governments and the dangers associated with conducting search-and-rescue operations during periods of flooding;

(11)

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

(12)

The costs of providing governmental services during and after flood conditions, including search-and-rescue operations and maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems and streets and bridges.

Upon consideration of these factors and the purposes of this article, the Development Board may attach such conditions to the granting of variances as it deems necessary to further the purposes of this article.

The Director shall maintain the records of all appeal actions, including technical information, and report any variances to the Federal Emergency Management Agency upon request.

§ 106-168 Conditions for variances.

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 for consideration as listed above have been fully considered. As the lot size increases beyond 1/2 acre, the technical justification required for issuing the variance increases;

Variances may be issued for the repair or rehabilitation of historic structures upon determination that:

(1)

The proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure; and

(2)

The variance is the minimum necessary to preserve the historic character and design of the structure.

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:

(1)

The criteria of § 160-168A, D, E and F are met; and

(2)

The structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threat to public safety.

Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

Variances shall only be issued upon receiving written justification of:

(1)

A showing of good and sufficient cause;

(2)

A determination that failure to grant the variance would result in exceptional hardship to the applicant; and

(3)

A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety or extraordinary public expense, create nuisances, cause fraud on or victimization of the public or conflict with existing local laws or ordinances.

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 over the signature of a community official that the cost of flood insurance will be commensurate with the increased risk resulting from lowest floor elevation.