Town of Mount Morris, NY Flood Damage Prevention

[HISTORY: Adopted by the Town Board of the Town of Mount Morris 3-19-1987 by L.L. No. 1-1987. Amendments noted where applicable.]

§ 24-1 Findings.

The Town Board of the Town of Mount Morris finds that the potential and/or actual damages from flooding and erosion may be a problem to the residents of the Town of Mount Morris and that such damages may include destruction or loss of private and public housing, damage to public facilities, both publicly and privately owned, and injury to and loss of human life. In order to minimize the threat of such damages and to achieve the purposes and objectives hereinafter set forth, this chapter is adopted.

§ 24-2 Purpose.

It is the purpose of this chapter to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:

Regulate uses which are dangerous to health, safety and property due to water or erosion hazards or which result in damaging increases in erosion or in flood heights or velocities.

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

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

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

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

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

§ 24-3 Objectives.

The objectives of this chapter are:

To protect human life and health.

To minimize expenditure of public money for costly flood control projects.

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

To minimize prolonged business interruptions.

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

To help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas.

To provide that developers are notified that property is in an area of special flood hazard.

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

§ 24-4 Definitions.

[Amended 12-21-2000 by L.L. No. 6-2000]

Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meanings they have in common usage and to give this chapter its most reasonable application.

As used in this chapter, the following terms shall have the meanings indicated:

100-YEAR FLOOD

Same meaning as "base flood."

ALLUVIAL SOILS

Soils consisting of or formed from material such as gravel, sand, silt or clay deposited by flowing water and showing little or no modification of the original material by soils-forming processes.

APPEAL

A request for a review of the local administrator's interpretation of any provision of this chapter or a request for a variance.

AREA OF SHALLOW FLOODING

A designated AO or VO Zone on a community's Flood Insurance Rate Map (FIRM) with base flood depths from one to three feet, where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate and where velocity flow may be evident.

AREA OF SPECIAL FLOOD HAZARD

The land in the floodplain within a community subject to a 1% or greater chance of flooding in any given year. This area may be designated as Zone A, AE, AH, AO, A 1-99, V, VO, VE or V1-30. It is also commonly referred to as the "base floodplain" or "100-year floodplain."

BASE FLOOD (100-YEAR FLOOD)

A flood having a frequency or recurrence of one in 100 years (i.e., a 1% chance of being equaled or exceeded in any given year).

BASEMENT

That portion of a building having its floor subgrade (below ground level) on all sides.

BREAKAWAY WALL

A wall that is not part of the structural support of the building and is intended, through its design and construction, to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or the supporting foundation system.

BUILDING

Any structure built for support, shelter or enclosure for occupancy or storage.

CELLAR

Same meaning as "basement."

CLEAR-CUTTING

The felling of all trees in a woodland or in any contiguous one acre portion of a larger woodland at one time.

COASTAL HIGH-HAZARD AREA

The area subject to high-velocity waters, including but not limited to hurricane wave wash. The area is designated on a FIRM as Zone V1-30, VE, VO or V.

DEVELOPMENT

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 located within the area of special flood hazard.

ELEVATED BUILDING

A nonbasement building built to have the lowest floor elevated above the ground level by means of fill, solid foundation perimeter walls, pilings, columns (post and piers) or sheer walls.

FILL

Material, exclusive of structures, placed or deposited so as to form an embankment or raise the surface elevation of the land.

FLOOD

A temporary inundation of normally dry land areas.

FLOOD BOUNDARY AND FLOODWAY MAP (FBFM)

An official map of the community published by the Federal Emergency Management Agency as part of a riverine community's Flood Insurance Study. The FBFM delineates a regulatory floodway along watercourses studies in detail in the Floor Insurance Study.

FLOOD HAZARD AREA

The relatively flat or low area adjoining and including a watercourse or other body of water (such as a pond, marsh or lake) which is subject to inundation during the base flood. The flood hazard area also may be called the "floodplain."

FLOOD HAZARD BOUNDARY MAP (FHBM)

An official map of a community, issued by the Federal Emergency Management Agency, where the boundaries of the areas of special flood hazard have been defined, but no water surface elevation is provided.

FLOOD INSURANCE RATE MAP (FIRM)

An official map of a community on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.

FLOOD INSURANCE STUDY

The official report provided by the Federal Emergency Management Agency. The report contains flood profiles, as well as the Flood Boundary - Floodway Map and the water surface elevations of the base flood.

FLOOD-FRINGE AREA

That area subject to the base flood not included in the floodway area. The basis for the outermost boundary of this area shall be the base flood elevations contained in the flood profiles of the study referred to in the definition of floodway area below and as shown on all of the maps referred to in such definition.

FLOODPROOFING

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.

FLOODWAY AREA

That area within the flood hazard area capable of carrying the waters of the base flood without increasing the water surface elevation of the base flood more than one foot at any point. The land included in the floodway area will be the areas identified as "floodway" in the Flood Insurance Study prepared by the Federal Emergency Management Agency. The term shall also include floodway areas, which have been identified in other available studies or sources of information for these floodplain areas where no floodway has been identified in the Flood Insurance Study prepared by the Federal Emergency Management Agency.

FLOOR

The top surface of an enclosed area in a building, including basement, i.e., the top of a slab in concrete slab construction or the top of wood flooring in wood frame construction.

FUNCTIONALLY DEPENDENT USE

A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water, such as a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding and ship repair. The term does not include long-term storage, manufacture, sales or service facilities.

GENERAL FLOODPLAIN AREA

That floodplain area for which no detailed flood elevations or floodway information is provided. Such areas are shown as Zone A on the maps accompanying the Flood Insurance Study prepared by the Federal Emergency Management Agency. For these areas, elevation and floodway information from other federal, state or other acceptable source shall be used when available. When such other acceptable information is not available, the elevation shall be determined by using the elevation of a point on the boundary of the identified floodplain area which is nearest the construction site.

HIGHEST ADJACENT GRADE

The highest natural elevation of the ground surface, prior to construction, next to the proposed walls of a structure.

LOWEST FLOOR

The lowest level, including basement or cellar, of the lowest enclosed area. An unfinished or flood-resistant enclosure usable solely for parking of vehicles, building access or storage in an area other than a basement 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 nonelevation design requirements of this chapter.

MANUFACTURED HOME

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 also includes park trailers, travel trailers and similar transportable structures placed on a site for 180 consecutive days or longer and intended to be improved property.

MEAN SEA LEVEL

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.

MOBILE HOME

Same meaning as "manufactured home."

NATIONAL GEODETIC VERTICAL DATUM (NGVD)

As corrected in 1929, a vertical control used as a reference for establishing varying elevations within the floodplain.

NEW CONSTRUCTION

Structures for which the start of construction commenced on or after the effective date of this chapter.

PRINCIPALLY ABOVE GROUND

At least 51% of the actual cash value of the structure, excluding land value, is above ground.

SAND DUNES

Naturally occurring accumulations of sand in ridges or mounds landward of the beach.

SELECTIVE CUTTING

The felling of certain but not all trees in an area for the purposes of removing dead, damaged, mature or marketable timber; improving the quality of a tree stand or species; or personal domestic needs.

START OF CONSTRUCTION

The initiation, excluding planning and design, of any phase of a project, physical alteration of the property, and shall include land preparation, such as clearing, grading and filling; installation of streets and/or walkways; excavation for a basement, footings, piers or foundations; or the erection of temporary forms. It also includes the placement and/or installation on the property of accessory buildings (garages, sheds), storage trailers and building materials. For manufactured homes, the "actual start" means affixing of the manufactured home to its permanent site.

STRUCTURE

A walled and roofed building, a manufactured home or a gas or liquid storage tank that is principally above ground.

SUBSTANTIAL IMPROVEMENT

Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either before the improvement or repair is started or, if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, "substantial improvement" is considered to commence when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either:

(1)

Any project for improvement of a structure to comply with existing state or local building, fire, health, sanitary or safety code specifications which are solely necessary to assure safe living conditions; or

(2)

Any alteration of a structure or contributing structure listed on the National Register of Historic Places or a State Inventory of Historic Places.

VARIANCE

A grant of relief from the requirements of this chapter which permits construction or use in a manner that would otherwise be prohibited by this chapter.

WOODLAND

Generally, a plant community predominantly of trees and other woody vegetation, growing more or less closely together. For purposes of this chapter, an area, grove or stand of mature or largely mature trees [i.e., six inches diameter at breast height (DBH)] covering 1/4 acre or more or a grove or stand of mature trees (i.e., 12 inches or greater caliper) consisting of 10 or more individual trees shall be deemed a "woodland."

§ 24-5 Applicability.

This chapter shall apply to all areas of special flood hazard within the jurisdiction of the Town of Mount Morris.

§ 24-6 Basis for establishing areas of special flood hazard.

The areas of special flood hazard identified by the Federal Emergency Management Agency in a scientific and engineering report entitled the "Flood Insurance Study for the Town of Mount Morris of Livingston County, New York," dated August 1, 1978, with accompanying Flood Insurance Rate Maps and Flood Boundary - Floodway Maps, are hereby adopted and declared to be a part of this chapter. The Flood Insurance Study and maps are on file at the office of the Town Clerk, Mount Morris, New York, Community Number 360387 0001-0020.

§ 24-7 Interpretation; conflict with other provisions.

This chapter is adopted in response to revisions to the National Flood Insurance Program effective October 1, 1986, and shall supersede all previous laws adopted for the purpose of establishing and maintaining eligibility for flood insurance.

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 variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the most restrictive or that imposing the higher standards shall govern.

§ 24-8 Penalties for offenses.

No structure 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. Any person who violates this chapter or fails to comply with any of its requirements shall, upon conviction thereof, be fined no more than $250 or imprisoned for not more than 15 days, or both. Each day of noncompliance shall be considered a separate offense, nothing herein contained shall prevent the Town of Mount Morris from taking such other lawful action as necessary to prevent or remedy an infraction. Any structure found not compliant with the requirements of this chapter for which the developer and/or owner has not applied for and received an approved variance under § 24-17 will be declared noncompliant and notification sent to the Federal Emergency Management Agency.

§ 24-9 Warning and disclaimer of liability.

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 areas of special flood hazard 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 of Mount Morris, any officer or employee thereof or the Federal Emergency Management Agency for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.

§ 24-10 Designation of local administrator.

The Fire and Building Code Officer is hereby appointed local administrator to administer and implement this chapter by granting or denying development permit applications in accordance with its provisions.

§ 24-11 Development permit.

A development permit shall be obtained before the start of construction or any other development within the area of special flood hazard as established in § 24-6. Application for a development 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 location of the foregoing.

Application stage. The following information is required where applicable:

(1)

The elevation, in relation to mean sea level, of the proposed lowest floor, including basement or cellar, of all structures.

(2)

The elevation, in relation to mean sea level, to which any nonresidential structure will be floodproofed.

(3)

When required, a certificate from a licensed professional engineer or architect that the utility floodproofing will meet the criteria in § 24-14C(1).

(4)

A certificate from a licensed professional engineer or architect that the nonresidential floodproofed structure will meet the floodproofing criteria in § 24-15.

(5)

A description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

Construction stage. Upon placement of the lowest floor or floodproofing by whatever means, it shall be the duty of the permit holder to submit to the local administrator a certificate of the elevation of the lowest floor or floodproofed elevation in relation to mean sea level. The elevation certificate shall be prepared by or under the direct supervision of a licensed land surveyor or professional engineer and certified by the same. When floodproofing is utilized for a particular building, the floodproofing certificate shall be prepared by or under the direct supervision of a licensed professional engineer or architect and certified by the same. Any 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.

§ 24-12 Powers and duties of local administrator.

Duties of the local administrator shall include but not be limited to:

Permit application review. The local administrator shall:

(1)

Review all development permit applications to determine that the requirements of this chapter have been satisfied.

(2)

Review all development permit applications to determine that all necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required.

(3)

Review all development permit applications to determine if the proposed development adversely affects the area of special flood hazard. For the purposes of this chapter, "adversely affects" means physical damage to adjacent properties. An engineering study may be required of the applicant for this purpose.

(a)

If there is no adverse effect, then the permit shall be granted consistent with the provisions of this chapter.

(b)

If there is an adverse effect, then flood damage mitigation measures shall be made a condition of the permit.

(4)

Review all development permits for compliance with the provisions of § 24-14E, Encroachments.

Use of other base flood and floodway data. When base flood elevation data has not been provided in accordance with § 24-6, Basis for establishing areas of special flood hazard, 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 pursuant to § 24-14D(4) in order to administer § 24-15 Specific standards, and § 24-16, Floodways.

Information to be obtained and maintained. The local administrator shall:

(1)

Obtain and record the actual elevation, in relation to mean sea level, of the lowest floor, including basement or cellar, of all new or substantially improved structures and whether or not the structure contains a basement or cellar.

(2)

For all new or substantially improved floodproofed structures:

(a)

Obtain and record the actual elevation, in relation to mean sea level, to which the structure has been floodproofed.

(b)

Maintain the floodproofing certifications required in §§ 24-14 and 24-15.

(3)

Maintain for public inspection all records pertaining to the provisions of this chapter, including variances, when granted, and certificates of compliance.

Alteration of watercourses. The local administrator shall:

(1)

Notify adjacent communities and the New York State Department of Environmental Conservation prior to any alteration or relocation of a watercourse and submit evidence of such notification to the Regional Director, Federal Emergency Management Agency, Region II, 26 Federal Plaza, New York, New York 10278.

(2)

Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished.

Interpretation of firm boundaries.

(1)

The local administrator shall have the authority to make interpretations when there appears to be a conflict between the limits of the federally identified areas of special flood hazard and actual field conditions.

(2)

Base flood elevation data established pursuant to § 24-6 and/or § 24-12B, when available, shall be used to accurately delineate the areas of special flood hazard.

(3)

The local administrator shall use flood information from any other authoritative source, including historical data, to establish the limits of the areas of special flood hazard when base flood elevations are not available.

Stop-work orders.

(1)

All floodplain development found ongoing without an approved permit shall be subject to the issuance of a stop-work order by the local administrator. Disregard of a stop-work order shall be subject to the penalties described in § 24-8 of this chapter.

(2)

All floodplain development found noncompliant with the provisions of this chapter and/or the conditions of the approved permit shall be subject to the issuance of a stop-work order by the local administrator. Disregard of a stop-work order shall be subject to the penalties described in § 24-8 of this chapter.

Inspections. The local administrator and/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 said inspector to certify that the development is in compliance with the requirements of either the development permit or the approved variance.

§ 24-13 Certificate of compliance.

It shall be unlawful to use or 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 chapter.

All other development occurring within the designated flood hazard area will have, upon completion, a certificate of compliance issued by the local administrator.

All certifications shall be based upon the inspections conducted subject to § 24-12G and/or any certified elevations, hydraulic information, floodproofing, anchoring requirements or encroachment analysis which may have been required as a condition of the approved permit.

§ 24-14 General standards.

In all areas of special flood hazard, the following standards are required:

Anchoring.

(1)

All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure.

(2)

All manufactured homes shall be installed using methods and practices which minimize flood damage. Manufactured homes must be elevated and anchored to resist flotation, collapse or lateral movement. Manufactured homes shall be elevated to or above the base flood elevation or two feet above the highest adjacent grade when no base flood elevation has been determined. Methods of anchoring may include but are not to be limited to use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces.

Construction materials and methods.

(1)

All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

(2)

All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.

Utilities.

(1)

Electrical, heating, ventilation, plumbing and air-conditioning equipment and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. When designed for location below the base flood elevation, a professional engineer's or architect's certification is required.

(2)

All 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.

(4)

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

Subdivision proposals.

(1)

All subdivision proposals shall be consistent with the need to minimize flood damage.

(2)

All subdivision proposals shall have public utilities and facilities, such as sewer, gas, electrical and water systems, located and constructed to minimize flood damage.

(3)

All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage.

(4)

Base flood elevation data shall be provided for subdivision proposals and other proposed development (including proposals for manufactured home parks and subdivisions) greater than either 50 lots or five acres.

Encroachments.

(1)

All proposed development in riverine situations where no flood elevation data is available (unnumbered A Zones) shall be analyzed to determine the effects on the flood-carrying capacity of the areas of special flood hazard set forth in § 24-12A(3). This may require the submission of additional technical data to assist in the determination.

(2)

In all areas of special flood hazard in which base flood elevation data is available pursuant to § 24-12B or 24-14D(4) and no floodway has been determined, the cumulative effects of any proposed development, when combined with all other existing and anticipated development, shall not increase the water surface elevation of the base flood more than one foot at any point.

(3)

In all areas of the special flood hazard where floodway data is provided or available pursuant to § 24-12B, the requirements of § 24-16, Floodways, shall apply.

§ 24-15 Specific standards.

In all areas of special flood hazard where base flood elevation data has been provided as set forth in § 24-6, Basis for establishing areas of special flood hazard, and § 24-12B, Use of other base flood and floodway data, the following standards are required:

(1)

Residential construction. New construction and substantial improvements of any resident structure shall:

(a)

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

(b)

Have fully enclosed areas below the lowest floor that 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:

[1]

There shall be 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.

[2]

The bottom of all such openings shall be no higher than one foot above the lowest adjacent finished grade.

[3]

Openings may be equipped with louvers, valves, screens or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters.

(2)

Nonresidential construction. New construction and substantial improvements of any commercial, industrial or other nonresidential structure, together with attendant utility and sanitary facilities, shall either have the lowest floor, including basement or cellar, elevated to or 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.

(a)

If the structure is to be elevated, fully enclosed areas below the base flood elevation shall be designed to automatically (without human intervention) allow for the entry and exit of floodwaters for the purpose of equalizing hydrostatic flood forces on exterior walls. Designs for meeting this requirement must either be certified by a licensed professional engineer or a licensed architect or meet the following criteria:

[1]

There shall be 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.

[2]

The bottom of all such openings shall be no higher than one foot above the lowest adjacent finished grade.

[3]

Openings may be equipped with louvers, valves, screens or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters.

(b)

If the structure is to be floodproofed:

[1]

A licensed professional engineer or architect shall develop and/or review structural design, specifications and plans for the construction and shall certify that the design and methods of construction are in accordance with accepted standards of practice to make the structure watertight with walls substantially impermeable to the passage of water, with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.

[2]

A licensed professional engineer or licensed land surveyor shall certify the specific elevation, in relation to mean sea level, to which the structure is floodproofed.

(c)

The local administrator shall maintain on record a copy of all such certificates noted in this subsection.

Construction standards for areas of special flood hazard without base flood elevations. New construction or substantial improvements of structures, including manufactured homes, shall have the lowest floor, including basement, elevated to or above the base flood elevation as may be determined in § 24-12B or two feet above the highest adjacent grade where no elevation data is available.

(1)

New construction or substantial improvements of structures, including manufactured homes, shall have the lowest floor, including basement, elevated at least two feet above the highest adjacent grade next to the proposed foundation of the structure.

(2)

Fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically (without human intervention) allow for the entry and exit of floodwaters for the purpose of equalizing hydrostatic flood forces on exterior walls. Designs for meeting this requirement must either be certified by a licensed professional engineer or a licensed architect or meet the following criteria:

(a)

There shall be 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.

(b)

The bottom of all such openings shall be no higher than one foot above the lowest adjacent finished grade.

(c)

Openings may be equipped with louvers, valves, screens or other coverings or openings, provided that they permit the automatic entry and exit of floodwaters.

§ 24-16 Floodplains and floodways.

[Amended 12-21-2000 by L.L. No. 6-2000]

No use of property or improvements thereto other than those permitted in this section shall be permitted in those portions of the Town designated as being in the Flood Hazard District.

Authority.

(1)

Pursuant to the provisions of the Flood Plain Management Act of 1978, 32 P.S. § 679.101 et seq., and as a prerequisite to participation in the National Flood Insurance Program, use or development of floodplain areas, as designated in the applicable map of the floodplain prepared by the United States Army Corps of Engineers in connection with such program, is regulated under these provisions.

(2)

Grading of land within the 100-year floodplain or watercourses designated and delineated as being subject to flood hazard will not be permitted unless this chapter is complied with.

Floodway fringe.

(1)

Floodway fringe elevation requirements. The floodway fringe is that portion of the floodplain outside the floodway.

(2)

All new or substantially improved residential and nonresidential structures, including manufactured homes, shall have the lowest floor elevated to or above the flood protection elevation. Basements are not permitted. Horizontal expansions which increase the footprint and that are less than substantial shall also have the lowest floor elevated to or above the flood protection elevation. The elevation of the lowest floor shall be certified by a registered surveyor or professional engineer on the elevation certificate after the lowest floor is in place. Enclosures below the flood protection elevation must be constructed with water equalizing vents to meet the specifications of specific general requirements. [See Subsection D(7).]

Fill.

(1)

Fill is discouraged because storage capacity is removed from floodplains. Other methods of elevating structures should be considered first and fill used only if other methods are not feasible. Fill may not be placed in the floodway. Fill may not be placed in nontidal wetlands without the required state and federal permits.

(2)

The placement of more than 600 cubic yards of fill per parcel/lot in the floodplain is prohibited, except by variance. Elevating buildings by other methods must be considered unless 600 cubic yards or less of fill are required. An applicant shall demonstrate that fill is the only alternative to raising the building to at least the flood protection elevation and that the amount of fill used will not affect the flood storage capacity or increase flooding onto neighboring properties.

(3)

Fill must consist of soil and rock materials only. Dredged material may be used as fill only upon certification of suitability by a registered professional geotechnical engineer. Landfills, rubble fills, dumps and sanitary fills are not permitted in the floodplain.

(4)

Fill used to support structures must be compacted to 95% of the maximum density obtainable by the Standard Proctor Test (ASTM Standard D-698) and its suitability to support structures certified by a registered professional engineer. Fill slopes shall be no greater than two horizontal to one vertical. Flatter slopes may be required where velocities may result in erosion.

(5)

The use of fill shall not increase flooding or cause drainage problems on neighboring properties.

(6)

In the event that buildings on adjacent properties are known or determined to be subject to flooding under current conditions, the local permitting official may require submission of hydrologic and hydraulic analyses to adequately demonstrate the effects of the proposed fill. The conditions described in this section must be met whenever fill is used.

Floodways.

(1)

Floodways shall be preserved to carry the discharge of the 100-year flood. Fill shall not be permitted. New buildings shall not be permitted. With the exception of necessary public facilities such as roads, bridges and essential utilities as defined in this chapter, new development shall not be permitted in the floodway where alternatives exist for the parcel of land in question or if any increase in water surface elevations will result from the 100-year flood.

(2)

Any development in the floodway, which may result in any increase in water surface elevations or change to the floodway, must be submitted to Federal Emergency Management Agency (FEMA) for a conditional letter of map revision. Hydrologic and hydraulic analyses based on existing floodway models and performed in accordance with standard engineering practices and certified by a registered professional engineer, licensed by the State of New York, must be submitted. Failure to receive this letter shall be grounds for denial of the permit.

(3)

An alternative analysis must be prepared for any development in the floodway before a permit may be issued. The provisions of above, as well as this section, apply to floodways.

(4)

Alternative analysis requirement. Before a permit may be issued, an applicant shall submit an alternative analysis, which demonstrates that:

(a)

No reasonable alternatives exist outside the floodway.

(b)

Encroachment in the floodway is the minimum necessary.

(c)

The development will withstand the 100-year flood without significant damage.

(d)

The development will not increase downstream or upstream flooding or erosion.

(5)

Existing structures.

(a)

Existing structures in the floodway shall be substantially improved only by variance and if they can be brought into conformance with this chapter without increasing the footprint. Minor additions (less than substantial) must be elevated to the flood protection elevation on pilings or columns. In the event of substantial damage, the applicant shall submit an alternative analysis to determine if the structure can be relocated out of the floodplain where alternatives exist for the parcel of land in question. Where replacement structures cannot be relocated, they shall be limited to the footprint of the previous structure and must comply with the elevation requirements of this chapter.

(b)

Permits for incremental improvements shall be tracked by the local permitting official, and if cumulative improvements constitute substantial improvement, no further permits may be issued unless the structure conforms to the provisions of this chapter.

(6)

Obstructions. Structures or fill which may impede, retard or change the direction of the flow of floodwaters or any materials that may be carried downstream to cause damage shall not be placed in the floodway. Fences, except two-wire fences, shall not be placed in the floodway.

(7)

Specific requirements.

(a)

Placement of buildings and materials. All structures permitted in the floodplain shall be oriented so as to offer the least resistance to the flow of floodwaters. Materials which are buoyant, flammable, explosive, hazardous to health or which at times of flooding may be injurious to human, animal or plant life shall not be stored below the flood protection elevation.

(b)

Enclosures below lowest floor. Buildings which have been elevated and have fully enclosed areas below the flood protection elevation (other than basements), as well as garages and accessory structures which are not elevated, shall be constructed with water-equalizing vents which meet or exceed the following standards:

[1]

A minimum of two openings on different walls 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.

[2]

The bottom of all openings shall be no higher than one foot above grade.

[3]

Openings may be equipped with screens, louvers, valves or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters to equalize hydrostatic forces on the walls.

[4]

Fully enclosed areas below the flood protection elevation shall be used solely for parking of vehicles, access to the building or storage. If such areas are enclosed, the applicant must file a signed nonconversion agreement as described in bearing a legal description of the site location and stating that the use of the accessory structure may not change from that permitted. A statement of the greater flood risk and possibly higher flood insurance premiums must be included. In addition, a recordation on the deed or memorandum of land restriction must be made, stating that the permitted structure may not be used for human habitation without first complying with the construction requirements of this chapter and must be equipped with the proper water-equalizing vents.

(c)

Manufactured homes and manufactured home parks.

[1]

New manufactured homes and manufactured home parks are prohibited in the floodplain. In the floodway fringe, replacement or substantially improved manufactured homes, whether in a manufactured home park or not, shall comply with this section.

[2]

Methods of anchoring shall include use of over-the-top and frame ties to ground anchors. Pilings or columns shall be used to maintain storage capacity of the floodplain. Placing reinforcing bars inside and extending them into the footing, filling the hollows with cement and using mortar to cement the blocks together must reinforce concrete block support pilings. Federal Emergency Management Agency (FEMA) Publication 859, Manufactured Home Installation in Flood Hazard Areas, should be consulted for specific recommendations. Manufactured homes repaired or replaced because of substantial damage due to flooding or other causes must fully comply with this section.

[3]

Owners of manufactured home parks or subdivisions that are partially or fully within the floodplain must file an evacuation plan with the local emergency management agency. A flood-free access road shall be provided in all new manufactured home parks and subdivisions.

(8)

Anchoring. All structures shall be firmly anchored in accordance with acceptable engineering practices to prevent flotation, collapse and lateral movement during flooding. All air ducts, large pipes and storage tanks located below the flood protection elevation shall be firmly anchored to resist flotation.

(9)

Utilities.

(a)

Electric. This chapter regulates all electric utilities to the building side of the meter, both interior and exterior to the building. Distribution panel boxes must be at least two feet above the flood protection elevation. All outlets and electrical installations, such as heat pumps, air conditioners, water heaters, furnaces, generators and distribution systems, must be installed at or above the flood protection elevation.

(b)

Plumbing. Toilets, sinks, showers, water heaters, pressure tanks, furnaces and other permanent plumbing installations must be installed at or above the flood protection elevation.

(c)

Gas. Gas meters and gas appliances must be installed at or above the flood protection elevation.

(d)

Water supply and sanitary facilities. Water supply distribution and sanitary disposal collection systems must be designed (with anti-siphon devices) to minimize or eliminate the infiltration of floodwaters into the systems or discharges from the systems into floodwaters and shall be located and constructed so as to minimize or eliminate flood damage. On-site sewage disposal systems shall meet these same standards as well as comply with State Health Department requirements.

(10)

Accessory structures and garages.

(a)

Accessory structures and garages should be located out of the floodplain or elevated to or above the flood protection elevation. When these measures are not feasible, the following apply:

[1]

The floor of the structure must be at or above grade.

[2]

The structure must be located, oriented and constructed so as to minimize flood damage.

[3]

The structure must be firmly anchored to prevent flotation.

(b)

Attached garages. A garage attached to the main structure shall be elevated to the greatest extent possible, but may be permitted as an exemption to the strict elevation requirement if it is used solely for parking of vehicles, storage or building access and is no more than 600 square feet in area. Attached garages must meet the venting requirements of this code, have all interior walls, ceilings and floors below the flood protection elevation unfinished and have no machinery or electric devices or appliances located below the flood protection elevation. A nonconversion agreement, as described in this section, must be signed by the property owner stating that the garage may never be used for human habitation without first becoming fully compliant with this chapter.

(c)

Detached garages and accessory structures.

[1]

An accessory structure or detached garage may be permitted as an exemption to the elevation requirement if it is less than 300 square feet, used solely for parking of vehicles and limited storage, meets the venting requirements of Subsection D(7)(b), has all interior wall, ceiling and floor elements below the flood protection elevation unfinished and has no machinery, electric devices or appliances located below the flood protection elevation. A nonconversion agreement must be signed by the property owner [See Subsection D(10)(c)*3*].

[2]

An accessory structure or a detached garage between 300 square feet and 600 square feet may be permitted below the flood protection elevation only by a conditioned permit described in this chapter. An accessory structure or garage larger than 600 square feet in area must be elevated properly or be able to meet all applicable requirements under the variance procedure in this chapter.

[3]

A nonconversion agreement must be signed by the applicant, bearing a legal description of the site location and stating that the use of the accessory structure may not change from that permitted. A statement of the greater flood risk and possibly higher flood insurance premiums must be included. The agreement shall include restriction that the permitted structure may not be used for human habitation without first complying with the construction requirements of this chapter and must be equipped with the proper water-equalizing vents.

(11)

Recreational vehicles.

(a)

Recreational vehicles located within the floodplain may be exempted from the elevation and anchoring requirements, provided that they are:

[1]

Located on the site less than 180 consecutive days per year;

[2]

Fully licensed and ready for highway use; and

[3]

Properly permitted.

(b)

A recreational vehicle is ready for highway use if it is on its wheels and jacking system, is attached to the site only by quick disconnect-type utilities and securing devices and has no permanently attached additions.

(12)

Storage vans, trailers or any other type of once used type vehicles.

(a)

Storage vans, trailers or other types located within the floodplain may be exempted from the elevation and anchoring requirements, provided that they are:

[1]

Located on the site less than 90 days per year;

[2]

Fully licensed and ready for highway use; and

[3]

Properly permitted.

(b)

"Ready for highway use" is defined as the vehicle is on its wheels and jacking system, is attached to the site only by quick-disconnect type utilities and securing devices and has no permanently attached additions.

(13)

Variances.

(a)

The Appeals Board shall hear and decide appeals and requests for variances from the requirements of this chapter. Conditions may be attached to the Appeals Board decision, and its decisions must be consistent with this chapter. Variances may not be granted except as specified below, nor shall variances be granted for any encroachment in floodways if any increase in the 100-year flood levels will result.

(b)

Variances shall only be issued upon:

[1]

A showing of good and sufficient cause;

[2]

A determination that failure to grant a variance would result in exceptional hardship (other than economic) 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, extraordinary public expense or create nuisances, cause fraud or victimization of the public or conflict with existing local and state laws or ordinances.

(c)

The Appeals Board decision shall be the minimum necessary, considering the flood hazard, to afford relief. In considering a variance action, comments from the State Coordinating Office of the Water Resources Administration must be taken into account and maintained with the permit file.

(14)

Conditions; records.

(a)

Variances may not be granted for the following:

[1]

Placement of fill or any development in the floodway if any increase in flood levels would result.

[2]

New structures in the floodway.

(b)

For any variance issued, a letter shall be sent to the applicant indicating the terms and conditions of the variance, the increased risk to life and property in granting the variance and the increased premium rates for national flood insurance coverage. The applicant shall be notified in writing of the requirement for recordation of these conditions on the deed of land restriction prior to obtaining a permit and of the need to secure all necessary permits as conditions for granting a variance.

(c)

The local permitting official shall maintain a record of all variance actions and the justification for their issuance, as well as all correspondence. This record must be submitted as a part of the biennial report to FEMA and be available for periodic review.

(15)

Functionally dependent uses. Variances may be issued for new construction and substantial improvements for the conduct of a functionally dependent use. A functionally dependent use cannot perform its intended purpose unless it is located or carried out in close proximity to water. It includes only docking facilities that are necessary for the loading and unloading of cargo or passengers or boat repair facilities, but does not include long-term storage or related manufacturing facilities. The variance may be issued only upon sufficient proof of the functional dependence. The provisions of must be met and the structure must be protected by methods that minimize flood damage up to the flood protection elevation and must create no additional threats to public safety. This may require methods of wet floodproofing which allow the structure to flood without significant damage. Methods of floodproofing must not be dependent upon human intervention such as manual sealing of doors and windows.

(16)

Subsequent amendments. This chapter shall be amended as required by the Federal Emergency Management Agency, 44 Code of Federal Regulations. All subsequent amendments to this chapter are subject to approval of the Federal Emergency Management Agency and the New York State Department of Environmental Conservation.

(17)

Violations and penalties.

(a)

Any person who fails to comply with any or all of the requirements or provisions of this chapter shall be guilty of a misdemeanor.

(b)

Each day during which any violation of this chapter continues shall constitute a separate offense.

(c)

The imposition of a fine or penalty for any violation of or noncompliance with this chapter shall not excuse the violation or noncompliance or permit it to continue, and all such persons shall be required to correct or remedy such violations and noncompliance within a reasonable time.

(d)

Any structure constructed, reconstructed, enlarged, altered or relocated in noncompliance with this chapter shall be declared by the Supervisor and Town Board to be a public nuisance and abatable as such.

(e)

New or renewal national flood insurance shall be denied for any structure remaining in violation or situated on property in violation of this chapter.

(18)

Enforcement.

(a)

If the local permitting official shall find any of the provisions of this chapter being violated, the official shall:

[1]

Notify the Federal Insurance Administrator and the Water Resources Administration within 30 days after the issuance of any violation, which requires a fine or court appearance.

[2]

Notify in writing, by certified mail, the owner or person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it.

[3]

Order discontinuance of illegal use of buildings or structures, removal of illegal buildings or structures or of alterations or structural changes thereto and discontinuance of any illegal work being done.

[4]

Unless compliance is met within a reasonable time, take any other action authorized by this chapter to ensure compliance with or prevent violations of its provisions.

(b)

New or renewal federal flood insurance may be denied any structure remaining in violation of this chapter. The violation may also violate state law and may be subject to separate action and penalty.

§ 24-17 Appeals Board; variances.

Appeals Board.

(1)

The Zoning Appeals Board as established by the Town Board of the Town of Mount Morris shall hear and decide appeals and requests for variances from the requirements of this chapter.

(2)

The Zoning Appeals Board shall hear and decide appeals when it is alleged that there is an error in any requirement, decision or determination made by the local administrator in the enforcement or administration of this chapter.

(3)

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

(4)

In passing upon such applications, the Zoning Appeals Board shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter and:

(a)

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

(b)

The danger to life and property due to flooding or erosion damage.

(c)

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

(d)

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

(e)

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

(f)

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

(g)

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

(h)

The relationship of the proposed use to the Comprehensive Plan and floodplain management program of that area.

(i)

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

(j)

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

(k)

The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site.

(l)

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

(5)

Upon consideration of the factors of Subsection A(4) and the purposes of this chapter, the Zoning Appeals Board may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.

(6)

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

Conditions for variances.

(1)

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 in Subsection A(4)(a) through (1) have been fully considered. As the lot size increases beyond the 1/2 acre, the technical justification required for issuing the variance increases.

(2)

Variances may be issued for the reconstruction, rehabilitation or restoration of structures and contributing structures listed on the National Register of Historic Places or the State Inventory of Historic Places without regard to the contributing structures procedures set forth in the remainder of this section.

(3)

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:

(a)

The criteria of Subsection B(1), (4), (5) and (6) of this section are met.

(b)

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.

(4)

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

(5)

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

(6)

Variances shall only be issued upon receiving written justification of:

(a)

A showing of good and sufficient cause;

(b)

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

(c)

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.

(7)

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 that the cost of flood insurance will be commensurate with the increased risk resulting from lowest floor elevation.