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 § 112-6.
A.
Subdivision proposals. The following standards apply to all new subdivision
proposals and other proposed development in areas of special flood
hazard (including proposals for manufactured home and recreational
vehicle parks and subdivisions):
(1)
Proposals shall be consistent with the need to minimize flood damage;
(2)
Public utilities and facilities such as sewer, gas, electrical and
water systems shall be located and constructed so as to minimize flood
damage; and
(3)
Adequate drainage shall be provided to reduce exposure to flood damage.
B.
Encroachments.
(1)
Within Zones A1-A30 and AE, on streams without a regulatory floodway,
no new construction, substantial improvements or other development
(including fill) shall be permitted unless:
(a)
The applicant demonstrates that the cumulative effect of the
proposed development, when combined with all other existing and anticipated
development, will not increase the water surface elevation of the
base flood more than one foot at any location, or,
(b)
The Town of Clay agrees to apply to the Federal Emergency Management
Agency (FEMA) for a conditional FIRM revision, FEMA approval is received
and the applicant provides all necessary data, analyses and mapping
and reimburses the Town of Clay for all fees and other costs in relation
to the application. The applicant must also provide all data, analyses
and mapping and reimburse the Town of Clay for all costs related to
the final map revision.
(2)
On streams with a regulatory floodway, as shown on the Flood Boundary and Floodway Map or the Flood Insurance Rate Map adopted in § 112-6, no new construction, substantial improvements or other development in the floodway (including fill) shall be permitted unless:
(a)
A technical evaluation by a licensed professional engineer demonstrates
through hydrologic and hydraulic analyses performed in accordance
with standard engineering practice that such an encroachment shall
not result in any increase in flood levels during occurrence of the
base flood, or
(b)
The Town of Clay agrees to apply to the Federal Emergency Management
Agency (FEMA) for a conditional FIRM and floodway revision, FEMA approval
is received and the applicant provides all necessary data, analyses
and mapping and reimburses the Town of Clay for all fees and other
costs in relation to the application. The applicant must also provide
all data, analyses and mapping and reimburse the Town of Clay for
all costs related to the final map revisions.
(3)
In Zones A1-A30, AE and AH, and also Zone A if base flood elevation
data are available, if any development is found to increase or decrease
base flood elevations, the Town of Clay shall as soon as practicable,
but not later than six months after the date such information becomes
available, notify FEMA and the New York State Department of Environmental
Conservation of the changes by submitting technical or scientific
data in accordance with standard engineering practice.
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 § 112-6.
A.
Anchoring. New structures and substantial improvement to structures
in areas of special flood hazard shall be anchored to prevent flotation,
collapse, or lateral movement during the base flood. This requirement
is in addition to applicable state and local anchoring requirements
for resisting wind forces.
B.
Construction materials and methods.
(1)
New construction and substantial improvements to structures shall
be constructed with materials and utility equipment resistant to flood
damage.
(2)
New construction and substantial improvements to structures shall
be constructed using methods and practices that minimize flood damage.
(3)
Enclosed areas below lowest floor.
(a)
For enclosed areas below the lowest floor of a structure within
Zones A1-A30, AE, AO or A, new and substantially improved structures
shall have fully enclosed areas below the lowest floor that are useable
solely for parking of vehicles, building access or storage in an area
other than a basement and which are subject to flooding, designed
to automatically equalize hydrostatic flood forces on exterior walls
by allowing for the entry and exit of floodwaters. Designs for meeting
this requirement must either be certified by a licensed professional
engineer or architect or meet or exceed the following minimum criteria:
(b)
Openings may be equipped with louvers, valves, screens or other
coverings or devices provided they permit the automatic entry and
exit of floodwaters. Enclosed areas subgrade on all sides are considered
basements and are not permitted.
C.
Utilities.
(1)
New and replacement electrical equipment, heating, ventilating, air
conditioning, plumbing connections, and other service equipment shall
be located at least two feet above the base flood elevation, or at
least three feet above the highest adjacent grade in a Zone A without
an available base flood elevation, or be designed to prevent water
from entering and accumulating within the components during a flood
and to resist hydrostatic and hydrodynamic loads and stresses. Electrical
wiring and outlets, switches, junction boxes and panels shall be elevated
or designed to prevent water from entering and accumulating within
the components unless they conform to the appropriate provisions of
the electrical part of the Building Code of New York State or the
Residential Code of New York State for location of such items in wet
locations;
(2)
New and replacement water supply systems shall be designed to minimize
or eliminate infiltration of floodwaters into the system;
(3)
New and replacement sanitary sewage systems shall be designed to
minimize or eliminate infiltration of floodwaters. Sanitary sewer
and storm drainage systems for buildings that have openings below
the base flood elevation shall be provided with automatic backflow
valves or other automatic backflow devices that are installed in each
discharge line passing through a building's exterior wall; and
(4)
On-site waste disposal systems shall be located to avoid impairment
to them or contamination from them during flooding.
A.
Elevation. The following standards apply to new and substantially improved residential structures located in areas of special flood hazard, in addition to the requirements in § 112-15A, Subdivision proposals, and § 112-15B, Encroachments, and § 112-16, Standards for all structures.
(1)
Within Zones A1-A30, AE and AH and also Zone A if base flood elevation
data are available, new construction and substantial improvements
shall have the lowest floor (including basement) elevated to or above
two feet above the base flood elevation.
(2)
Within Zone A, when no base flood elevation data are available, new
construction and substantial improvements shall have the lowest floor
(including basement) elevated at least three feet above the highest
adjacent grade.
(3)
Within Zone AO, new construction and substantial improvements shall have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the community's Flood Insurance Rate Map enumerated in § 112-6 (at least two feet if no depth number is specified).
(4)
Within Zones AH and AO, adequate drainage paths are required to guide
floodwaters around and away from proposed structures on slopes.
The following standards apply to new and substantially improved commercial, industrial and other nonresidential structures located in areas of special flood hazard, in addition to the requirements in § 112-15A, Subdivision proposals, and § 112-15B, Encroachments, and § 112-16, Standards for all structures.
A.
Within Zones A1-A30, AE and AH, and also Zone A if base flood elevation
data are available, new construction and substantial improvements
of any nonresidential structure shall either:
(1)
Have the lowest floor, including basement or cellar, elevated to
or above two feet above the base flood elevation; or
(2)
Be floodproofed so that the structure is watertight below two feet
above the base flood elevation, including attendant utility and sanitary
facilities, with walls substantially impermeable to the passage of
water. All structural components located below the base flood level
must be capable of resisting hydrostatic and hydrodynamic loads and
the effects of buoyancy.
B.
Within Zone AO, new construction and substantial improvements of
nonresidential structures shall:
(1)
Have the lowest floor (including basement) elevated above the highest
adjacent grade at least as high as two feet above the depth number
specified in feet on the community's FIRM (at least two feet
if no depth number is specified), or
(2)
Together with attendant utility and sanitary facilities, be completely floodproofed to that level to meet the floodproofing standard specified in § 112-18A(2).
C.
If the structure is to be floodproofed, a licensed professional engineer or architect shall develop and/or review structural design, specifications, and plans for construction. A Floodproofing Certificate or other certification shall be provided to the local administrator that certifies the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions of § 112-18A(2), including the specific elevation (in relation to mean sea level) to which the structure is to be floodproofed.
D.
Within Zones AH and AO, adequate drainage paths are required to guide
floodwaters around and away from proposed structures on slopes.
E.
Within Zone A, when no base flood elevation data are available, the
lowest floor (including basement) shall be elevated at least three
feet above the highest adjacent grade.
The following standards in addition to the standards in § 112-15, General standards, and § 112-16, Standards for all structures apply, as indicated, in areas of special flood hazard to manufactured homes and to recreational vehicles which are located in areas of special flood hazard.
A.
B.
A manufactured home that is placed or substantially improved in Zones
A1-A30, AE and AH shall be elevated on a permanent foundation such
that the lowest floor is elevated to or above two feet above the base
flood elevation and is securely anchored to an adequately anchored
foundation system to resist flotation, collapse and lateral movement.
C.
Within Zone A, when no base flood elevation data are available, new
and substantially improved manufactured homes shall be elevated such
that the manufactured home chassis is supported by reinforced piers
or other foundation elements of at least equivalent strength that
are no less than 36 inches in height above grade and are securely
anchored to an adequately anchored foundation system to resist flotation,
collapse or lateral movement.
The following standards apply to new and substantially improved accessory structures, including detached garages, in the areas of special flood hazard shown on the Flood Insurance Rate Map designated in § 112-6.
A.
Within Zones A1-A30, AE, AO, AH, A, accessory structures must meet the standards of § 112-15A, Anchoring,
B.
Within Zones A1-A30, AE and AH, and also Zone A if base flood elevation
data are available, areas below two feet above the base flood elevation
shall be constructed using methods and practices that minimize flood
damage.
C.
Within Zones AO, or Zone A if base flood elevation data are not available,
areas below three feet above the highest adjacent grade shall be constructed
using methods and practices that minimize flood damage.
D.
Structures must be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters in accordance with § 112-16B(3)(a).
