[HISTORY: Adopted by the Town Board of the Town of Lansing 7-20-2016 by L.L. No. 9-2016. Amendments noted where applicable.]
A.Â
This chapter is adopted pursuant to the authority granted to the Town of Lansing to mitigate and prevent flood damage as authorized by the Article IX, § 2 of the New York State Constitution, Environmental Conservation Law Article 36 and 6 NYCRR Part 500,[1] Town Law §§ 64 and 130, and § 10
of the Municipal Home Rule Law, as well as other provisions of New
York State and federal law, including, without limitation, the Clean
Water Act and the regulations of FEMA.
[1]
Editor's Note: Said Part 500 of 6 NYCRR was repealed 10-12-2017,
effective 11-1-2017.
B.Â
The Town of Lansing finds that the potential and actual damages from
flooding and erosion may be a problem to the residents of the Town
and that such damages may include destruction or loss of private and
public housing, damage to public facilities, both publicly and privately
owned, and injury to and loss of human life. In order to minimize
the threat of such damages and to achieve the purposes and objectives
hereafter set forth, this chapter is adopted.
C.Â
It is the purpose of this chapter to promote the public health, safety,
and general welfare, and to minimize public and private losses due
to flood conditions in specific areas by provisions designed to:
(1)Â
Regulate uses which are dangerous to health, safety and property
due to water or erosion hazards, or which result in damaging increases
in erosion or in flood heights or velocities;
(2)Â
Require that uses vulnerable to floods, including facilities which
serve such uses, be protected against flood damage at the time of
initial construction;
(3)Â
Control the alteration of natural floodplains, stream channels, and
natural protective barriers which are involved in the accommodation
of floodwaters,
(4)Â
Control filling, grading, dredging and other development that may
increase erosion or flood damages;
(5)Â
Regulate the construction of flood barriers that will unnaturally
divert floodwaters or which may increase flood hazards to other lands;
and
(6)Â
Qualify and maintain for participation in the National Flood Insurance
Program.
D.Â
The objectives of this chapter are to:
(1)Â
Protect human life and health;
(2)Â
Minimize expenditure of public money for costly flood control projects;
(3)Â
To minimize the need for rescue and relief efforts associated with
flooding and generally undertaken at the expense of the general public;
(4)Â
Minimize prolonged business interruptions;
(5)Â
Minimize damage to public facilities and utilities such as water
and gas mains, electric, telephone, sewer lines, streets and bridges
located in areas of special flood hazard;
(6)Â
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;
(7)Â
Provide that developers are notified that property is in an area
of special flood hazard; and
(8)Â
Ensure that those who occupy the areas of special flood hazard assume
responsibility for their actions.
A.Â
Unless specifically defined below, words or phrases used in this
chapter shall be interpreted so as to give them the meaning they have
in common usage and to give this chapter its most reasonable application.
Where defined, the definitions shall be both direct as to such exact
words, and indirect to address similar terminology. For example, the
defined term "expansion to an existing manufactured home park or subdivision"
need not literally appear in this chapter in such direct language,
and such definition refers to anything that is an expansion to or
enlargement of any such facility. Additionally, where the context
so requires or admits, the definitions of words shall be congruent
with federally defined terms at 44 CFR Part 9, § 9.4 and
New York definitions at 6 NYCRR Part 500, § 500.1 et seq.[1] Further, certain defined terms may appear in this chapter
even though such term is not used in this chapter, in part as permit
applications, floodplain requirements, federal regulations, and related
materials use such terms and this chapter is intended to assist in
all aspects of managing flooding, floodplains, and permitting systems
and appeals. Defined terms maintain their meaning whether or not capitalized
in this chapter.
[1]
Editor's Note: Said Part 500 of 6 NYCRR was repealed 10-12-2017,
effective 11-1-2017.
B.Â
ACTION
(1)Â
(2)Â
(3)Â
ACTIONS AFFECTING OR AFFECTED BY FLOODPLAINS OR WETLANDS
AGENCY
AGENCY ASSISTANCE
APPEAL
AREA OF SHALLOW FLOODING
AREA OF SPECIAL FLOOD HAZARD
ASSOCIATE DIRECTOR
BASE FLOOD
BASE FLOODPLAIN
BASEMENT
BUILDING
CELLAR
COASTAL HIGH HAZARD AREA
CRITICAL ACTION
(1)Â
(2)Â
(3)Â
(4)Â
DEVELOPMENT
DIRECT IMPACTS
DIRECTOR
ELEVATED BUILDING
EMERGENCY ACTIONS
ENHANCE
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
FACILITY
FEMA
FIA
FIVE-HUNDRED-YEAR FLOODPLAIN (THE 500-YEAR FLOODPLAIN OR 0.2%
CHANCE FLOODPLAIN)
FLOOD BOUNDARY AND FLOODWAY MAP (FBFM)
FLOOD ELEVATION STUDY
FLOOD FRINGE
FLOOD HAZARD BOUNDARY MAP (FHBM)
FLOOD INSURANCE RATE MAP (FIRM)
FLOOD INSURANCE STUDY
FLOOD or FLOODING
(1)Â
(2)Â
FLOODPLAIN or FLOOD-PRONE AREA
FLOODPROOFING
FLOODWAY
FUNCTIONALLY DEPENDENT USE
HIGHEST ADJACENT GRADE
HISTORIC STRUCTURE
(1)Â
(2)Â
(3)Â
(4)Â
INDIRECT IMPACTS
LOCAL ADMINISTRATOR
LOWEST FLOOR
MANUFACTURED HOME
MANUFACTURED HOME PARK OR SUBDIVISION
MEAN SEA LEVEL
MINIMIZE
MITIGATION
MOBILE HOME
NATIONAL GEODETIC VERTICAL DATUM (NGVD)
NATURAL VALUES OF FLOODPLAINS AND WETLANDS
(1)Â
(2)Â
(3)Â
(4)Â
NEW CONSTRUCTION
NEW CONSTRUCTION IN WETLANDS
NEW MANUFACTURED HOME PARK OR SUBDIVISION
ONE-HUNDRED-YEAR FLOOD or ONE-HUNDRED-YEAR FLOOD
ORDERS
PRACTICABLE
PRESERVE
PRINCIPALLY ABOVEGROUND
RECREATIONAL VEHICLE
(1)Â
(2)Â
(3)Â
(4)Â
REGIONAL DIRECTOR
REGULATORY FLOODWAY
RESTORE
SLPS
START OF CONSTRUCTION
STRUCTURE
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
(1)Â
(2)Â
(a)Â
(b)Â
(3)Â
SUPPORT
TOWN
VARIANCE
WETLANDS
Hence, as used in this chapter, the words used in or in relation
to this chapter, including in permit applications, orders, and applications
for emergency relief, shall have the following meanings:
Any act or activity including:
Acquiring, managing and disposing of federal lands and facilities;
Providing federally undertaken, financed or assisted construction
and improvements; and
Conducting federal activities and programs affecting land use,
including, but not limited to, water and related land resources, planning,
regulating and licensing activities.
Actions which have the potential to result in the long- or
short-term impacts associated with:
The Federal Emergency Management Agency (FEMA).
Grants for projects or planning activities, loans, and all
other forms of financial or technical assistance provided by the agency.
A request for a review of the local administrator's
interpretation of any provision of this chapter, whether under Town
Law § 267-a or Article 78 of the Civil Practice Law and
Rules.
A designated AO, AH or VO Zone on a community's Flood
Insurance Rate Map (FIRM) with a one-percent or greater annual chance
of flooding to an average annual depth of one to three feet where
a clearly defined channel does not exist, where the path of flooding
is unpredictable and where velocity flow may be evident. Such flooding
is characterized by ponding or sheet flow.
Is the land in the floodplain within a community subject
to a one-percent or greater chance of flooding in any given year.
This area may be designated as Zone A, AE, AH, AO, A1-A30, A99, V,
VO, VE, or V1-30. It is also commonly referred to as the "base floodplain"
or "one-hundred-year floodplain."
The head of any office or administration of the agency who
has programmatic responsibility for a particular action.
The flood which has a one-percent chance of being equaled
or exceeded in any given year (also known as a one-hundred-year flood).
This term is used in the National Flood Insurance Program (NFIP) to
indicate the minimum level of flooding to be used by a community in
its floodplain management regulations.
The one-hundred-year floodplain (one-percent chance floodplain).
That portion of a building having its floor subgrade (below
ground level) on all sides. It can include crawl spaces.
See "structure."
Has the same meaning as "basement."
The areas subject to high velocity waters, including, but
not limited to, hurricane wave wash or tsunamis. On a Flood Insurance
Rate Map (FIRM), this appears as Zone V1-30, VE or V.
An action for which even a slight chance of flooding is too
great. The minimum floodplain of concern for critical actions is the
five-hundred-year floodplain, i.e., critical action floodplain. Critical
actions include, but are not limited to, those which create or extend
the useful life of structures or facilities, such as:
Those which produce, use or store highly volatile, flammable,
explosive, toxic or water-reactive materials;
Hospitals and nursing homes, and housing for the elderly, which
are likely to contain occupants who may not be sufficiently mobile
to avoid the loss of life or injury during flood and storm events;
Emergency operation centers, or data storage centers which contain
records or services that may become lost or inoperative during flood
and storm events; and
Generating plants, and other principal points of utility lines.
Any man-made change to improved or unimproved real estate,
including, but not limited to, buildings or other structures, mining,
dredging, filling, paving, excavation or drilling operations, or storage
of equipment or materials.
Changes in floodplain or wetland values and functions and
changes in the risk to lives and property caused or induced by an
action or related activity. Impacts are caused whenever these natural
values and functions are affected as a direct result of an action.
An action which would result in the discharge of polluted stormwaters
into a floodplain or wetland, for example, would directly affect their
natural values and functions. Construction-related activities, such
as dredging and filling operations within the floodplain or a wetland,
would be another example of impacts caused by an action.
The director of the agency.
A nonbasement building built, in the case of a building in
Zones A1-A30, AE, A, A99, AO, AH, B, C, X, or D, to have the top of
the elevated floor, or in the case of a building in Zones V1-30, VE,
or V, to have the bottom of the lowest horizontal structure member
of the elevated floor elevated above the ground level by means of
pilings, columns (posts and piers), or shear walls parallel to the
flow of the water and adequately anchored so as not to impair the
structural integrity of the building during a flood of up to the magnitude
of the base flood. In the case of Zones A1-A30, AE, A, A99, AO, AH,
B, C, X, or D, "elevated building" also includes a building elevated
by means of fill or solid foundation perimeter walls with openings
sufficient to facilitate the unimpeded movement of floodwaters. In
the case of Zones V1-V30, VE, or V, "elevated building" also includes
a building otherwise meeting the definition of "elevated building,"
even though the lower area is enclosed by means of breakaway walls
that meet the federal standards.
Emergency work essential to save lives and protect property
and public health and safety performed under §§ 305
and 306 of the Disaster Relief Act of 1974 (42 U.S.C. §§ 5145
and 5146). See 44 CFR Part 205, Subpart E.
To increase or to heighten, or to improve the natural and
beneficial values associated with wetlands.
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is complete before the effective date of
the floodplain management regulations adopted by the Town.
The preparation of additional sites by the construction of
facilities for servicing the lots on which the manufactured homes
are to be affixed (including the installation of utilities, the construction
of streets, and either final site grading or the pouring of concrete
pads).
Any man-made or man-placed item other than a structure.
The Federal Emergency Management Agency.
The Federal Insurance Administration or the Federal Insurance
Administrator.
That area, including the base floodplain, which is subject
to inundation from a flood having a 0.2% chance of being equaled or
exceeded in any given year.
An Official Map of the community published by FEMA as part
of a riverine community's Flood Insurance Study. The FBFM delineates
a regulatory floodway along watercourses studied in detail in the
Flood Insurance Study.
An examination, evaluation and determination of the flood
hazards and, if appropriate, corresponding water surface elevations,
or an examination, evaluation and determination of mudslide (i.e.,
mudflow) or flood-related erosion hazards.
That portion of the floodplain outside of the floodway (often
referred to as "floodway fringe").
An Official Map of a community, issued by the agency or director,
where the boundaries of the areas of special flood hazard have been
designated as Zone A but no flood elevations are provided or where
the boundaries of the flood, mudslide (i.e., mudflow) and related
erosion areas having special hazards have been designated as Zone
A, M, or E.
An Official Map of a community, on which the agency or the
director has delineated both the areas of special flood hazard and
the risk premium zones applicable to the community.
See "flood elevation study."
"Flood" or "flooding" also means the collapse or subsidence
of land along the shore of a lake or other body of water as a result
of erosion or undermining caused by waves or currents of water exceeding
anticipated cyclical levels or suddenly caused by an unusually high
water level in a natural body of water, accompanied by a severe storm,
or by an unanticipated force of nature, such as a flash flood or an
abnormal tidal surge, land recession, or by some similarly unusual
and unforeseeable event which results in flooding as defined above.
Any land area susceptible to being inundated by water from
any source (see definition of "flooding"), including the lowland and
relatively flat areas adjoining inland and coastal waters, including,
at a minimum, that area subject to a one-percent or greater chance
of flooding in any given year. Wherever the term "floodplain" is used,
if a critical action is involved, "floodplain" shall mean the area
subject to inundation from a flood having a 0.2% chance of occurring
in any given year (five-hundred-year floodplain). "Floodplain" does
not include areas subject only to mudflow until FIA adopts maps identifying
"M" Zones.
The modification of individual structures and facilities,
their sites, and their contents to protect against structural failure,
to keep water out, or to reduce effects of water entry, including
any combination of structural and nonstructural additions, changes,
or adjustments to structures which reduce or eliminate flood damage
to real estate or improved real property, water and sanitary facilities,
structures and their contents.
Has the same meaning as "regulatory floodway."
A use which cannot perform its intended purpose unless it
is located or carried out in close proximity to water, such as a bridges,
piers, docking or port facility necessary for the loading and unloading
of cargo or passengers, shipbuilding, and ship repair facilities.
The term does not include long-term storage, manufacturing, sales,
or service facilities.
The highest natural elevation of the ground surface, prior
to construction, next to the proposed walls (or piers or similar constructs)
of a structure.
Any structure that is:
Listed individually in the National Register of Historic Places
(a listing maintained by the U.S. Department of the Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;
Individually listed on a state inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of the Interior; or
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either by an approved state program as determined by the
Secretary of the Interior, or directly by the Secretary of the Interior
in states without approved programs.
An indirect result of an action whenever the action induces
or makes possible related activities which effect the natural values
and functions of floodplains or wetlands or the risk to lives and
property. Such impacts occur whenever these values and functions are
potentially affected, either in the short- or long-term, as a result
of undertaking an action.
Is the person (or persons) appointed by the Town to administer
and implement this chapter, including through the granting or denying
of development permits in accordance with these provisions. In the
Town this person is the Code Enforcement Officer, or such other person(s)
as hereafter so appointed by resolution of the Town Board.
Lowest floor of the lowest enclosed area, including a basement.
An unfinished or flood-resistant enclosure, usable solely for parking
of vehicles, building access, or storage in an area other than a basement
area is not considered a building's lowest floor provided that
such enclosure is not built so as to render the structure in violation
of the applicable non-elevation design requirements of this chapter.
A structure, transportable in one or more sections, which
is built on a permanent chassis and designed to be used with or without
a permanent foundation when connected to the required utilities. The
term does not include a "recreational vehicle."
A parcel (or contiguous parcels) of land divided into two
or more manufactured home lots for rent or sale.
For purposes of the National Flood Insurance Program, the
National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to
which base flood elevations shown on a community's Flood Insurance
Rate Map are referenced.
To reduce to the smallest amount or degree possible.
All steps necessary to minimize the potentially adverse effects
of the proposed action, to restore and preserve the natural and beneficial
floodplain values, and to preserve and enhance natural values of wetlands.
Has the same meaning as "manufactured home."
As corrected in 1929, is a vertical control used as a reference
for establishing varying elevations within the floodplain.
The qualities of or functions served by floodplains and wetlands
which include, but are not limited to:
Water resource values (natural moderation of floods, water quality
maintenance, groundwater recharge);
Living resource values (fish, wildlife, plant resources and
habitats);
Cultural resource values (open space, natural beauty, scientific
study, outdoor education, archeological and historic sites, recreation);
and
Cultivated resource values (agriculture, aquaculture, forestry).
Structures for which the "start of construction" is commenced
on or after the effective date of this chapter or any predecessor
local floodplain regulation, including any subsequent improvements
to such structure. Also means the construction of a new structure
(including the placement of a mobile home) or facility, or the replacement
of a structure or facility which has been totally destroyed.
Includes draining, dredging, channelizing, filling, diking,
impounding, and related activities and any structures or facilities
begun or authorized after the effective dates of the Executive Orders
of May 24, 1977 (see the definition of "orders," below).
A manufactured home park or subdivision, for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads), is completed on or after the effective
date of floodplain management regulations adopted by a community.
Has the same meaning as "base flood."
Executive Orders 11988, Floodplain Management, and 11990,
Protection of Wetlands.
Capable of being done within existing constraints. The test
of what is practicable depends upon the situation and includes consideration
of all pertinent factors, such as environment, cost and technology.
To prevent alterations to natural conditions and to maintain
the values and functions which operate the floodplains or wetlands
in their natural states.
That at least 51% of the actual cash value of the structure,
excluding land value, is aboveground.
A vehicle which is:
Built on a single chassis;
Four hundred square feet or less when measured at the largest
horizontal projections;
Designed to be self-propelled or permanently towable by a light
duty truck; and
Not designed primarily for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel, or seasonal
use.
The regional director of the agency for the region in which
FEMA is acting or the disaster recovery manager, when one is designated.
The area regulated by federal, state or local requirements
to provide for the discharge of the base flood so the cumulative increase
in water surface elevation is no more than a designated amount (not
to exceed one foot as set by the NFIP), being that portion of the
floodplain which is effective in carrying flow, within which this
carrying capacity must be preserved and where the flood hazard is
generally highest, i.e., where water depths and velocities are the
greatest. It is that area which provides for the discharge of the
base flood so the cumulative increase in water surface elevation is
no more than one foot. "Regulatory floodway" also means the channel
of a river or other watercourse and the adjacent land areas that must
be reserved in order to discharge the base flood without cumulatively
increasing the water surface elevation more than a designated height
as determined by the FEMA in a Flood Insurance Study or by other agencies
as provided in this chapter.
To reestablish a setting or environment in which the natural
functions of the floodplain can again operate.
The state and local programs and support directorate.
Includes substantial improvement and means the initiation,
excluding planning and design, of any phase of a project, physical
alteration of the property, and shall include land preparation, such
as clearing, grading, grubbing, and filling; installation of streets
or walkways; excavation for a basement, footings, piers, or foundations
or the erection of temporary forms. It also includes the placement
or installation on the property of accessory buildings (garages, sheds),
storage trailers, and building materials. For manufactured homes,
the "actual start" means commencing the process of affixing of the
manufactured home to its permanent site.
A walled and roofed building, including a gas or liquid storage
tank that is principally aboveground, as well as a manufactured home.
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% of the market value of the structure before the
damage occurred.
A "substantial improvement" includes the following considerations:
Any repair, reconstruction or other improvement of a structure
or facility which has been damaged in excess of, or the cost of which
equals or exceeds, 50% of the market value of the structure or replacement
cost of the facility, regardless of the actual repair work performed,
including all "public facilities" as defined in the Disaster Relief
Act of 1974, before the repair or improvement is started, or if the
structure or facility has been damaged and is proposed to be restored,
before the damage occurred; or
Structures which have incurred "substantial damage," regardless
of the actual repair work performed. The term does not, however, include
either:
Any project for improvement of a structure to correct existing
violations of state or local health, sanitary, or safety code specifications
which have been identified by the local code enforcement official
and which are the minimum necessary to ensure safe living conditions;
or
Any alteration of a structure or facility listed on the National
Register of Historic Places or a state inventory of historic places.
If a facility is an essential link in a larger system, the percentage
of damage will be based on the relative cost of repairing the damaged
facility to the replacement cost of the portion of the system which
is operationally dependent on the facility.
To encourage, allow, serve or otherwise facilitate floodplain
or wetland development. Direct support results from actions within
a floodplain or wetland, and indirect support results from actions
outside of floodplains or wetlands.
The Town of Lansing, Tompkins County, New York.
A grant of relief from or a waiver of the requirements of
this chapter which permits construction or use in a manner that would
otherwise be prohibited by this chapter.
Those areas which are inundated or saturated by surface water
or groundwater with a frequency sufficient to support, or that under
normal hydrologic conditions does or would support, a prevalence of
vegetation or aquatic life typically adapted for life in saturated
or seasonally saturated soil conditions. Examples of wetlands include,
but are not limited to, swamps, fresh and salt water marshes, estuaries,
bogs, beaches, wet meadows, sloughs, potholes, mud flats, river overflows
and other similar areas. This definition includes those wetlands areas
separated from their natural supply of water as a result of activities
such as the construction of structural flood protection methods or
solid-fill road beds and activities such as mineral extraction and
navigation improvements. This definition is intended to be consistent
with the definition utilized by the U.S. Fish and Wildlife Service
in the publication entitled Classification of Wetlands and Deepwater
Habitats of the United States (Cowardin et al., 1977).
A.Â
This chapter shall apply to all areas of special flood hazard within
the jurisdiction of the Town.
B.Â
The areas of special flood hazard are identified and defined on the
maps and documents prepared by FEMA, including the NFIP Discovery
Map, Seneca Watershed (April, 2014), as hereafter periodically updated,
and any other applicable Flood Insurance Rate Map or Flood Boundary
and Floodway Map. Such maps and related documents are adopted and
declared to be a part of this chapter. This chapter includes all revisions
to the National Flood Insurance Program through December 31, 2015,
and shall supersede all previous ordinances and laws adopted for the
purpose of flood damage control or prevention by the Town.
C.Â
In their interpretation and application, the provisions of this chapter
shall be held to be minimum requirements adopted for the promotion
of the public health, safety, and welfare. Whenever the requirements
of this chapter are at odds with or different than the requirements
of any other lawfully adopted rules, regulations, or ordinances, the
most restrictive, or those imposing the higher standards, shall govern.
D.Â
No structure in an area of special flood hazard shall hereafter be
constructed, located, extended, converted, or altered, and no land
shall be excavated or filled, without full compliance with the terms
of this chapter and any other applicable regulations. Any infraction
of the provisions of this chapter by failure to comply with any of
its requirements, including infractions of conditions and safeguards
established in connection with conditions of the permit, shall constitute
a violation of this chapter. Any structure found not compliant with
the requirements of this chapter for which the developer or owner
has not applied for and received an approved variance will be declared
noncompliant, and notification will be sent to FEMA.
E.Â
The degree of flood protection required by this chapter 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 chapter does not imply that land outside the area of special
flood hazards or uses permitted within such areas will be free from
flooding or flood damages. This chapter shall not create liability
on the part of the Town, any officer or employee thereof, for any
flood damages that result from reliance on this chapter or any administrative
decision lawfully made hereunder (even if incorrect).
A.Â
A floodplain development permit system is hereby established for
all construction and other development to be undertaken in areas of
special flood hazard in the Town for the purpose of protecting 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 without a valid floodplain development permit. All permit
issuance shall, to the extent required by law, also comply with 6
NYCRR Part 500.[1]
[1]
Editor's Note: Said Part 500 of 6 NYCRR was repealed 10-12-2017,
effective 11-1-2017.
B.Â
Application for a permit shall be made on forms furnished by the
local administrator 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 locations
of the foregoing.
C.Â
All applications for a floodplain development permit shall be accompanied
by an application fee as set by resolution of the Town Board from
time to time. Such fee may hereafter be amended by resolution of the
Town Board. In addition, the applicant shall be responsible for reimbursing
the Town for any additional costs necessary for review, inspection
and approval of this project. The local administrator may require
a developer's agreement or deposit as set by resolution of the
Town Board from time to time to cover these additional costs.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
D.Â
The applicant shall provide the following information as appropriate,
and additional information may be required on the permit application
form:
(1)Â
The proposed elevation, in relation to mean sea level, of the lowest
floor (including basement) 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 are 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.
(2)Â
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 local administrator the as-built floodproofed
elevation, certified by a professional engineer or surveyor.
(3)Â
A certificate from a licensed professional engineer or architect
that any utility floodproofing will meet the code and other criteria
for utilities, whether set forth in this chapter, in applicable building
codes, or otherwise.
(4)Â
A certificate from a licensed professional engineer or architect
that any nonresidential structure will meet the floodproofing criteria
for "nonresidential structures."
(5)Â
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 also:
(a)Â
Submit any maps, computations or other material required by the FEMA
to revise the documents;
(b)Â
Pay any fees or other costs assessed by FEMA for this purpose;
(c)Â
Provide assurances that the conveyance capacity of the altered or
relocated stream segment will be maintained; and
(d)Â
Demonstrate that any watercourse or water body alterations are or
have been permitted or approved by the applicable authority with jurisdiction,
commonly the New York State Department of Environmental Conservation
or the U.S. Army Corps of Engineers, or in the alternative demonstrate
that no such permit or approval is required.
(6)Â
A technical analysis, by a licensed professional engineer, if required
by the local administrator, which shows whether proposed development
to be located in an area of special flood hazard may result in physical
damage to any other property.
(7)Â
In Zone A, when no base flood elevation data are 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.
E.Â
The local administrator shall have the following duties:
(1)Â
The local administrator shall conduct the following permit application
reviews before issuing a floodplain development permit:
(a)Â
Review all applications for completeness, particularly relative
to the requirements for permit applications and for compliance with
the provisions and standards of this chapter.
(b)Â
Review subdivision and other proposed new development, including
manufactured home parks, 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 construction
standards and subdivision proposal standards and requirements.
(c)Â
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 local administrator
may require the applicant to submit additional technical analyses
and data necessary to complete this determination. If the proposed
development may result in physical damage to any other property or
fails to meet the requirements of the construction standards of and
in this chapter no permit shall be issued. The applicant may revise
the application to include measures that mitigate or eliminate adverse
effects and resubmit the application for re-review.
(d)Â
Determine that all necessary permits have been received from
those governmental agencies from which approval, review, or funding
is required by state or federal law, including environmental permits
and reviews and General Municipal Law §§ 239-l through
239-n reviews.
(2)Â
When the FEMA has designated areas of special flood hazard on the
Town's Flood Insurance Rate Map (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 local administrator
shall obtain, review and reasonably utilize any base flood elevation
and floodway data available from a federal, state or other source,
including data developed under this chapter, as criteria for requiring
that new construction, substantial improvements or other proposed
development meet the requirements of this chapter. In addition, and
when base flood elevation data are not available, the local administrator
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 chapter.
(3)Â
Notification to adjacent communities and the New York State Department
of Environmental Conservation prior to permitting any alteration or
relocation of a watercourse, and submittal of evidence of such notification
to the regional director, Region II, FEMA shall be required. The local
administrator shall further 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.
(4)Â
For the construction stage of any project, and in Zones A1-A30, AE
and AH, and also Zone A if base flood elevation data are available,
upon placement of the lowest floor or completion of floodproofing
of a new or substantially improved structure, 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 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 recreational vehicle if
it remains on a site for 180 consecutive days or longer (unless it
is fully licensed and ready for highway use). Any work or further
work undertaken prior to submission and approval of the certification
shall be at the permit holder's risk. The local administrator
shall review all data submitted. Deficiencies detected shall be cause
to issue a stop-work order for the project unless immediately corrected.
(5)Â
The local administrator or the developer'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 the inspector to certify, if requested, that
the development is in compliance with the requirements of the floodplain
development permit or any variance provisions.
(6)Â
The local administrator shall issue, or cause to be issued, a stop-work
order for any floodplain development found ongoing without a development
permit. Disregard of or noncompliance with a stop-work order, including
any of its terms or conditions, shall be a violation of this chapter.
(7)Â
In areas of special flood hazard, as determined under this chapter,
it shall be unlawful to occupy or to permit the use or occupancy of
a 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 chapter. A certificate of compliance
shall be issued by the local administrator 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 by this chapter and any certified elevations, hydraulic data, floodproofing,
anchoring requirements or encroachment analyses which may have been
required as a condition of the approved permit.
(8)Â
The local administrator shall retain and make available for inspection
copies of the following:
(a)Â
Floodplain development permits and certificates of compliance;
(b)Â
Certifications of as-built lowest floor elevations of structures,
whether or not the structures contain a basement;
(c)Â
Floodproofing certificates, whether or not the structures contain
a basement;
(d)Â
Variances issued pursuant to this chapter; and
(e)Â
Notices required or delivered pertaining to stop-work orders,
orders to remedy, or for alterations of watercourses.
A.Â
General 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.
(1)Â
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):
(a)Â
Proposals shall be consistent with the need to minimize flood
damage;
(b)Â
Public utilities and facilities such as sewer, gas, electrical
and water systems shall be located and constructed so as to minimize
flood damage; and
(c)Â
Adequate drainage shall be provided to reduce exposure to flood
damage.
(2)Â
Encroachments.
(a)Â
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: i) 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 ii) the Town agrees to apply to FEMA for a conditional
FIRM revision, FEMA approval is received, and the applicant provides
all necessary data, analyses and mapping and reimburses the Town 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 for all costs related to the final map revision. The local administrator
and the Town may require a developer's agreement or an advance
payment of these anticipated costs and expenses.
(b)Â
On streams with a regulatory floodway, as shown on the Flood
Boundary and Floodway Map or the Flood Insurance Rate Map, no new
construction, substantial improvements or other development in the
floodway (including fill) shall be permitted unless: i) 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 ii) the Town 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 Town 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 for all costs related to the final
map revisions. The local administrator and the Town may require a
developer's agreement or an advance payment of these anticipated
costs and expenses.
B.Â
Standards for all structures.
(1)Â
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 and other forces.
(2)Â
Construction materials and methods. New construction and substantial
improvements to structures shall be constructed with materials and
utility equipment resistant to flood damage using methods and practices
that minimize flood damage. For enclosed areas below the lowest floor
of a structure within Zones A1-A30, AE or AH; and also Zone A if base
flood elevation data are available, new and substantially improved
structures shall have fully enclosed areas below the lowest floor
that are 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)Â
A minimum of two openings having a total net area of not less
than one square inch for every square foot of enclosed area subject
to flooding; and
(b)Â
The bottom of all such openings no higher than one foot above
the lowest adjacent finished grade.
(c)Â
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.
(3)Â
Utilities.
(a)Â
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, ventilation 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)Â
New and replacement water supply systems, including wellheads,
shall be designed to minimize or eliminate infiltration of floodwaters
into the system.
(c)Â
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.
(d)Â
On-site waste disposal systems shall be located to avoid impairment
to them or contamination from them during flooding.
(4)Â
Residential structures. In addition to other rules affecting subdivisions,
encroachments, and standards for all structures, residential development
within the floodway is discouraged and will not be permitted except
for unusual circumstances when in compliance with the following conditions:
(a)Â
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 top of the lowest floor (including basement) elevated
two feet or more above the base flood level.
(b)Â
Within Zone A, when no base flood elevation data are available,
new and substantially improved structures shall have the lowest floor
(including basement) elevated at least three feet above the highest
adjacent grade.
(c)Â
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 (or at least two
feet if no depth number is specified).
(d)Â
Within Zones AH and AO, adequate drainage paths are required
to guide floodwaters around and away from proposed structures on slopes.
(5)Â
Nonresidential structures. In addition to other rules affecting encroachments
and standards for all structures, the following standards apply to
new and substantially improved commercial, industrial, and other nonresidential
structures:
(a)Â
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, together with attendant utility and
sanitary facilities, shall either have the top of the lowest floor,
including basement or cellar, elevated two feet or more above the
base flood elevation, or 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)Â
Within Zone AO, new construction and substantial improvements
of nonresidential structures shall: i) 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 ii) together
with attendant utility and sanitary facilities, be completely floodproofed
so that the structure is watertight below the base flood level with
walls substantially impermeable to the passage of water, and all structural
components located below the base flood level must be capable of resisting
hydrostatic and hydrodynamic loads and the effects of buoyancy.
(c)Â
If the structure is to be floodproofed, a licensed professional
engineer or architect shall develop and 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
this chapter, including the specific elevation (in relation to mean
sea level) to which the structure is to be floodproofed.
(d)Â
Within Zones AH and AO, adequate drainage paths are required
to guide floodwaters around and away from proposed structures on slopes.
(e)Â
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.
(6)Â
Manufactured homes and recreational vehicles. In addition to the
general standards and standards for all structures, the following
standards apply as indicated to manufactured homes and to recreational
vehicles located in areas of special flood hazard.
(a)Â
Recreational vehicles placed on sites within Zones A1-A30, AE
and AH 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 as set forth below. A recreational vehicle
is ready for highway use if it is on its wheels, or uses a jacking
system that is attached to the site only by quick disconnect-type
utilities and security devices, and has no permanently attached additions.
(b)Â
A manufactured home that is placed or substantially improved
in Zones A1-A30, AE and AH that is on a site either: outside of an
existing manufactured home park or subdivision as herein defined;
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 be elevated on a permanent
foundation such that the lowest floor 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.
Elevation on piers consisting of dry stacked blocks is prohibited.
Methods of anchoring may include, but are not limited to, use of over-the-top
or frame ties to ground anchors.
(c)Â
A manufactured home to be placed or substantially improved in
Zone A1-A30, AE and AH 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: i) elevated on a permanent foundation
such that the lowest floor is elevated to or above the base flood
elevation; or ii) 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 the lowest adjacent grade and are securely anchored to an adequately
anchored foundation system to resist flotation, collapse or lateral
movement. Elevation on piers consisting of dry stacked blocks is prohibited.
(d)Â
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 the lowest adjacent
grade and are securely anchored to an adequately anchored foundation
system to resist flotation, collapse or lateral movement. Elevation
on piers consisting of dry stacked blocks is prohibited.
(e)Â
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 (at least two feet if no depth number is
specified). Elevation on piers consisting of dry stacked blocks is
prohibited.
A.Â
The Town of Lansing Zoning Board of Appeals shall hear and decide
upon: i) requests for variances from the requirements of this chapter;
and ii) appeals from determinations, interpretations, and decisions
of the local administrator in the enforcement or administration of
the local law. Those aggrieved by the decision of the Zoning Board
of Appeals may seek a review or appeal of such board's determinations
in accord with Article 78 of the Civil Practice Law and Rules. To
the extent necessary to give effect hereto, the Town Board and the
Town declares its intent to supersede Town Law § 267 to
give this review and appellate jurisdiction to the Zoning Board of
Appeals pursuant to the Municipal Home Rule Law. These provisions
do not extend any time lines, deadlines, statutes of limitations or
repose; nor do they create any appeal, review, writ, or cause of action
that does not already exist in law.
B.Â
In passing upon such applications, the Town Zoning Board of Appeals
shall consider all technical evaluations, all relevant factors, the
standards specified in Town Law and in other sections of this chapter,
as well as the following:
(1)Â
The danger that material may be swept onto other lands to the injury
of others;
(2)Â
The danger to life and property due to flooding or erosion damage;
(3)Â
The susceptibility of the proposed facility and its contents to flood
damage and the effect of such damage on the individual owner;
(4)Â
The importance of the services provided by the proposed facility
to the community;
(5)Â
The necessity to the facility of a waterfront location, where applicable;
(6)Â
The availability of alternative locations for the proposed use which
are not subject to flooding or erosion damage;
(7)Â
The compatibility of the proposed use with existing and anticipated
development;
(8)Â
The relationship of the proposed use to the Comprehensive Plan and
floodplain management program of that area;
(9)Â
The safety of access to the property in times of flood for ordinary
and emergency vehicles;
(10)Â
The costs to local governments and the dangers associated with
conducting search and rescue operations during periods of flooding;
(11)Â
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)Â
The costs of providing governmental services during and after
flood conditions, including search and rescue operations, maintenance
and repair costs to utilities and facilities such as sewer, gas, electrical,
and water systems, and streets and bridges.
C.Â
Upon consideration of the factors set forth above and the purposes
of this chapter, the Zoning Board of Appeals may attach such conditions
to the granting of variances as it deems necessary to further the
purposes of this chapter. Generally, variances may be issued for new
construction and substantial improvements to be erected on a lot of
one-half acre or less in size contiguous to and surrounded by lots
with existing structures constructed below the base flood level, providing
the standards for variances have been fully considered. As the lot
size increases beyond the one-half acre, the technical justification
required for issuing the variance should be held and deemed to increase
and become more exacting.
D.Â
The local administrator shall maintain the records of all appeals
and variances, including technical information, and report any variances
to FEMA upon request. 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, signed by a Town official, advising
that the cost of flood insurance will be commensurate with the increased
risk resulting from lowest floor elevation.
E.Â
Variances may be issued for the repair or rehabilitation of historic
structures upon determination that:
F.Â
Variances may be issued for new construction and substantial improvements
for the necessary development of a functionally dependent use provided
that: i) the criteria for variances are met; ii) 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;
and iii) a variance issued within any designated floodway does and
will not result in an increase in flood levels during a base flood
discharge. Variances shall only be issued upon a determination that
the variance is the minimum necessary, considering the flood hazard,
to afford the requested or needed relief while also avoiding increased
flood heights, additional threats to public safety or extraordinary
public expense, or the creation of nuisances.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.Â
Any failure to comply with the terms and requirements of this chapter,
the requirements and conditions of any permit, approval, or variance
conditions issued under this chapter, or to comply with, or come into
compliance with this chapter according to the requirements of any
compliance order or notice shall be in violation of this chapter.
The local administrator and the Code Enforcement Officer are authorized
to investigate any noncompliance (or complaints of such violation
or noncompliance) with the requirements of this chapter, to issue
appearance tickets for any violation of this chapter or any permit,
approval, or variance requirements or conditions, to recommend the
commencement of civil enforcement or related proceedings to the Town
Board, and to order, in writing, the remedying of any condition or
activity found to exist in, on, or about any lands, building, structure,
or premises in violation of this chapter, including by seeking enforcement
per the procedures and requirements of Executive Law § 382.
B.Â
All provisions of New York State law generally applicable to misdemeanors
shall apply to any criminal proceeding brought under this chapter,
and any misdemeanor shall be deemed an unclassified misdemeanor. For
purposes of this chapter the Town's justice court is hereby vested
and imbued with jurisdiction to issue administrative and other warrants
in compliance with the New York Criminal Procedure Law and administrative
codes of the State of New York, as well as to hear and adjudicate
allegations relating to the criminal or civil violation of this chapter
and thereafter, if appropriate, impose any fine, penalty, or sanction.
C.Â
First violation. Any person or entity that violates any of the provisions
of this chapter shall be guilty of a criminal violation and subject
to a fine of not more than $500, or subject to a civil penalty of
not more than $1,000 to be recovered by the Town in a civil action.
D.Â
Second violation. Any violation that is found to have occurred within
two years of any prior civil or criminal determination of any other
violation of this chapter shall be deemed a second violation. Any
person or entity that commits any second violation shall be:
E.Â
Each week that any noncompliance or violation continues is and may
be charged as a separate violation.
F.Â
The application or pursuit of any civil or criminal fine, sanction,
or penalty shall not preclude the pursuit of any other lawful remedy
by the Town, including, but not limited to, the right to seek equitable
relief.
(1)Â
Whenever
the Town shall believe from evidence satisfactory to it that there
is a violation of this chapter, the Town may bring an action to enjoin
and restrain the continuation of such violation and in any such action:
(2)Â
In
such action, the court may also award any damages or other relief
requested, including declaring the rights and interests of any parties
and imposing any civil penalties. The remedies provided by this chapter
shall not be in lieu of, and shall be in addition to, any other right
or remedy available to the Town, whether sounding in enforcement or
otherwise.
The Town, and its officers, employees and agents, shall not
be liable or responsible for any injuries to persons or damages to
property due to the Town's actions, or failures to act, under
or pursuant to this chapter unless it is proven to a reasonable degree
of certainty that such injury or damage was solely caused by a willful
or intentional act of the Town or its officers and agents. This provision
shall be construed and applied to the maximum extent permitted by
law, and does not create any theory or claim of liability where none
exists at law or in equity.
All nouns and pronouns shall be construed in the singular, plural,
masculine, feminine, or neutered context when the provisions hereof
so demand or admit. Subject headings are for convenience and shall
not be construed or applied to limit or restrict the subject matter
and terms appearing under such subject heading. Whenever any reference
is made to any section of law or regulations, such reference shall
be interpreted to include such law or regulation as later amended,
renumbered, or re-codified, and a mere typographical citation error
shall not be given effect.
Any fees or fee schedules referenced in this chapter may be
implemented and periodically updated by the Town Board by resolution.
Without limiting the requirements of this chapter, fee schedules may
be developed for permit applications, issuances, or renewals, amended
or renewed permits, inspections, reviews, and other actions of the
Town or its officers and employees as described in, required by, or
contemplated under this chapter. All such fees shall be reasonably
determined in accord with law and periodically reviewed by the Town
Board to ensure such reasonableness and legality.
If any part or provision of this chapter or the application
hereof to any person or circumstance be adjudged invalid or unenforceable
by any court or tribunal of competent jurisdiction, such judgment
shall be confined in its operation to the part or provision or application
directly involved in the controversy in which such judgment shall
have been rendered and shall not affect or impair the validity of
the remainder of this chapter or the application thereof to other
persons or circumstances. If such part or provision cannot be so limited
or saved then it shall be deemed severed here from and the Town board
hereby declares that it would have passed this chapter, or the remainder
hereof, had such invalid or unenforceable application or provision
been apparent or omitted.