A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
A.
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.
B.
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.
C.
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.
D.
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.
All land development activities shall be subject to the following
performance and design criteria:
A.
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").
B.
Water quality standards. No land development activity shall off-site
transport of sediment and/or increase runoff volume.
A.
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.
B.
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.
C.
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.
A.
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.
B.
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.
C.
Recordkeeping. The Village of Saranac Lake may require entities subject
to this article to maintain records demonstrating compliance with
this article.
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:
A.
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;
B.
Require that uses vulnerable to floods, including facilities which
serve such uses, be protected against flood damage at the time of
initial construction;
C.
Control the alteration of natural floodplains, stream channels and
natural protective barriers which are involved in the accommodation
of floodwaters;
D.
Control filling, grading, dredging and other development which may
increase erosion or flood damages;
E.
Regulate the construction of flood barriers which will unnaturally
divert floodwaters or which may increase flood hazards to other lands;
and
F.
Qualify for and maintain participation in the National Flood Insurance
Program.
The objectives of this article are:
A.
To protect human life and health;
B.
To minimize the expenditure of public money for costly flood-control
projects;
C.
To minimize the need for rescue and relief efforts associated with
flooding and generally undertaken at the expense of the general public;
D.
To minimize prolonged business interruptions;
E.
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;
F.
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;
G.
To provide that developers are notified that property is in an area
of special flood hazard; and,
H.
To ensure that those who occupy the areas of special flood hazard
assume responsibility for their actions.
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.
This article shall apply to all areas of special flood hazard
within the jurisdiction of the Village.
A.
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.
B.
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.
A.
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.
B.
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.
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.
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.
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 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.
B.
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.
The applicant shall provide at least the following information,
where applicable (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 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;
B.
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;
C.
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;
D.
A certificate from a licensed professional engineer or architect
that any utility floodproofing will meet the criteria of this article;
E.
Utilities: a certificate from a licensed professional engineer or
architect that any nonresidential floodproofed structure will meet
the floodproofing of this article;
F.
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;
G.
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;
H.
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
I.
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.
Duties of the Director shall include, but shall not be limited
to, the following:
A.
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;
B.
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;
C.
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
D.
Determine that all necessary permits have been received from those
governmental agencies from which approval is required by state or
federal law.
A.
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.
B.
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.
A.
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.
B.
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.
A.
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).
B.
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.
C.
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.
A.
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.
B.
A certificate of compliance shall be issued by the Director upon
satisfactory completion of all development in areas of special flood
hazard.
The Director shall retain and make available for inspection
copies of the following:
A.
Floodplain development permits and certificates of compliance;
B.
Certifications of as-built lowest floor elevations of structures,
required pursuant to of this article and whether or not the structures
contain a basement;
C.
Floodproofing certificates required pursuant to this article and
whether or not the structures contain a basement;
D.
Variances issued pursuant to the requirements of this article; and
E.
Notices required under of this article.
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:
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.
A.
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.
B.
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.
A.
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.
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)
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.
A.
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.
B.
New and replacement water supply systems shall be designed to minimize
or eliminate the infiltration of floodwaters into the system.
C.
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.
D.
On-site waste disposal systems shall be located to avoid impairment
to them or contamination from them during flooding.
Specific standards apply to residential structures located in
areas of special flood hazard as indicated:
A.
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.
B.
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.
C.
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).
D.
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:
A.
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.
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 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.
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 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.
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 is available, the
lowest floor, including basement, shall be elevated at least three
feet above the highest adjacent grade.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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).
A.
The Development Board, as established by the Village, shall hear
and decide appeals and requests for variances from the requirements
of this article.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
A.
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;
B.
Variances may be issued for the repair or rehabilitation of historic
structures upon determination that:
C.
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:
D.
Variances shall not be issued within any designated floodway if any
increase in flood levels during the base flood discharge would result.
E.
Variances shall only be issued upon a determination that the variance
is the minimum necessary, considering the flood hazard, to afford
relief.
F.
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.
G.
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.
