It is the purpose of this article to promote the public health,
safety and general welfare and to minimize public and private losses
due to flood conditions in specific areas by provisions designed to:
A.
Regulate uses which are dangerous to health, safety and property
due to water or erosion hazards or which result in damaging increases
in erosion or in flood heights or velocities.
B.
Require that uses vulnerable to floods, including facilities which
serve such uses, be protected against flood damage at the time of
initial construction.
C.
Control the alteration of natural floodplains, stream channels and
natural protective barriers which are involved in the accommodation
of floodwaters.
D.
Control filling, grading, dredging and other development which may
increase erosion or flood damages.
E.
Regulate the construction of flood barriers which will unnaturally
divert floodwaters or which may increase flood hazards to other lands.
F.
Qualify and maintain for participation in the National Flood Insurance
Program.
The objectives of this article are to:
A.
Protect human life and health.
B.
Minimize expenditure of public money for costly flood control projects.
C.
Minimize the need for rescue and relief efforts associated with flooding
and generally undertaken at the expense of the general public.
D.
Minimize prolonged business interruptions.
E.
Minimize damage to public facilities and utilities, such as water
and gas mains, electric, telephone and sewer lines, streets and bridges
located in areas of special flood hazard.
F.
Help maintain a stable tax base by providing for the sound use and
development of areas of special flood hazard so as to minimize future
flood blight areas.
G.
Provide that developers are notified that property is in an area
of special flood hazard.
H.
Ensure that those who occupy the areas of special flood hazard assume
responsibility for their actions.
A.
Lands to which this article applies. This article shall apply to
all areas of special flood hazards within the jurisdiction of the
Town of Macedon.
[Amended 3-28-2019 by L.L. No. 2-2019]
B.
Basis for establishing the areas of special flood hazard.
[Amended 3-28-2019 by L.L. No. 2-2019]
(1)
The
areas of special flood hazard are identified and defined on the following
documents prepared by the Federal Emergency Management Agency:
(a)
Flood Insurance Rate Map (multiple panels): 361230 0001-0020, whose
effective date is January 5, 1984;
(b)
Flood Boundary and Floodway Map (multiple panels): 361230 0001-0020,
whose effective date is January 5, 1984;
(c)
A scientific and engineering analysis entitled "Flood Insurance Study
for the Town of Macedon, New York, Wayne County," dated January 5,
1983;
(d)
Flood Insurance Rate Map (single panel): 360893 0001B, whose effective
date is September 30, 1983;
(e)
Flood Boundary and Floodway Map (single panel): 360893 0001, whose
effective date is September 30, 1983;
(f)
A scientific and engineering analysis entitled "Flood Insurance Study
for the Town of Macedon, New York, Wayne County" dated March 30, 1983.
(2)
The
above documents are hereby adopted and declared to be part of this
chapter. The Flood Insurance Study and/or maps are available at the
office of the Macedon Town Clerk, 32 West Main Street, Macedon, New
York 14502.
C.
Interpretation, conflict with other laws.
(1)
This article has been developed in response to revisions to
the National Flood Insurance Program effective October 1, 1986, and
shall supersede all previous laws and ordinances adopted for the purpose
of establishing and maintaining eligibility for flood insurance.
(2)
In their interpretation and application, the provisions of this
article shall be held to be the minimum requirements adopted for the
promotion of the public health, safety and welfare. Whenever the requirements
of this article are at variance with the requirements of any other
lawfully adopted rules, regulations or ordinances, the most restrictive
or that imposing the higher standards, shall govern.
D.
Overlay District. The FPO District shall not be independently mapped
upon the Zoning Map, but shall be mapped in conjunction with an underlying
district. The area within the FPO District shall be identical to the
areas of special flood hazard within the Town of Macedon. The Zoning
Map serves to provide a close approximation of the special flood hazard
area. The FIRM Maps and Flood Boundary Floodway Map shall be used
to determine the exact legal boundaries of the special flood hazard
area.
E.
Uses permitted; dimensional requirements. The uses permitted and
the dimensional requirements for the FPO District shall be determined
by the regulations specified in this article for the primary or underlying
zone district.
F.
Penalties for noncompliance. Penalties for noncompliance with these regulations are specified in Article XIII of this chapter. 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 § 300-155 will be declared noncompliant and notification sent to the Federal Emergency Management Agency.
G.
Warning and disclaimer of liability. The degree of flood protection
required by this article is considered reasonable for regulatory purposes
and is based on scientific and engineering considerations. Larger
floods can and will occur on rare occasions. Flood heights may be
increased by man-made or natural causes. This article does not imply
that land outside the area of special flood hazards or uses permitted
within such areas will be free from flooding or flood damages. This
article shall not create liability on the part of the Town of Macedon,
any officer or employee thereof or the Federal Emergency Management
Agency for any flood damages that result from reliance on this article
or any administrative decision lawfully made thereunder.
A.
Designation of the Local Administrator.
(1)
The Zoning Officer is hereby appointed Local Administrator to
administer and implement this article by granting or denying floodplain
development permit applications in accordance with its provisions.
(2)
Prior to approving a floodplain development permit for the construction,
expansion, demolition or substantial alteration of any building or
the change in use of any land area or building within an area of special
flood hazard, the Zoning Officer shall refer all information and documentation
to the Planning Board. The Planning Board shall review the information
and recommend approval or denial of the permit, in writing, to the
Zoning Officer. The Planning Board, prior to reaching its decision,
may request an advisory opinion from the Town Engineer and/or the
Town Attorney. The Planning Board shall notify the Zoning Officer
of its decision and the Zoning Officer, acting on the written direction
of the Planning Board, shall either approve or deny the permit.
B.
Establishment of floodplain development permit. A floodplain development permit shall be obtained before the start of construction or any other development within the area of special flood hazard as established in § 300-152B. Application for a floodplain development permit shall be made on forms furnished by the Zoning Officer and may include, but not be limited to plans, in triplicate, 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.
(1)
Application stage. The following information is required where
applicable:
(a)
Elevation in relation to mean sea level of the proposed lowest
floor (including basement or cellar) of all structures.
(b)
Elevation in relation to mean sea level to which any nonresidential
structure will be floodproofed.
(c)
When required, a certificate from a licensed professional engineer or architect that the utility floodproofing will meet the criteria of § 300-154A(3).
(d)
Certificate from a licensed professional engineer or architect that the nonresidential floodproofed structure will meet the floodproofing criteria of § 300-154B(2)(b).
(e)
Description of the extent to which any watercourse will be altered
or relocated as a result of proposed development.
(2)
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 Zoning Officer 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 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 same. Any further work undertaken prior to submission and approval
of the certification shall be at the permit holder's risk. The Zoning
Officer shall review all data submitted. Deficiencies detected shall
be cause to issue a stop-work order for the project, unless immediately
corrected.
C.
Duties and responsibilities of the Zoning Officer. The duties of
the Zoning Officer shall include, but not be limited to:
(1)
Permit application review. The Zoning Officer shall:
(a)
Review all floodplain development permit applications to determine
that the requirements of this article have been satisfied.
(b)
Review all floodplain 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.
(c)
Review all floodplain development permit applications to determine
if the proposed development adversely affects the area of special
flood hazard. For the purposes of this article, "adversely affects"
means physical damage to adjacent properties. An engineering study
may be required of the applicant for this purpose.
(d)
Review all floodplain development permits for compliance with the provisions of § 300-154A(5), Encroachments.
(e)
Use of other base flood and floodway data. When base flood elevation data has not been provided in accordance with § 300-152B, Basis for establishing the areas of special flood hazard, the Zoning Officer shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source in order to administer § 300-154B, Specific standards and § 300-154C, Floodways.
(2)
Information to be obtained and maintained. The Zoning Officer
shall:
(a)
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.
(b)
For all new or substantially improved floodproofed structures:
[1]
Obtain and record the actual elevation, in relation to mean
sea level, to which the structure has been floodproofed.
[2]
Maintain the floodproofing certifications required in § 300-154B(2)(b).
(c)
Maintain for public inspection all records pertaining to the
provisions of this article, including variances, when granted, and
certificates of compliance.
(3)
Alteration of watercourses. The Zoning Officer shall:
(a)
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.
(b)
Require that maintenance is provided within the altered or relocated
portion of said watercourse so that the flood carrying capacity is
not diminished.
(4)
Interpretation of FIRM boundaries.
(a)
The Zoning Officer shall have the authority to make interpretations
when there appears to be a conflict between the limits of the federally
identified area of special flood hazard and actual field conditions.
(b)
Base flood elevation data established pursuant to § 300-152B and/or § 300-153C(2), when available, shall be used to accurately delineate the area of special flood hazards.
(c)
The Zoning Officer shall use flood information from any other
authoritative source, including historical data, to establish the
limits of the area of special flood hazards when base flood elevations
are not available.
(5)
Stop-work orders.
(a)
All floodplain development found ongoing without an approved permit shall be subject to the issuance of a stop-work order by the Zoning Officer. Disregard of a stop-work order shall be subject to the penalties described in Article XXIV of this chapter.
(b)
All floodplain development found noncompliant with the provisions of this article and/or the conditions of the approved permit shall be subject to the issuance of a stop-work order by the Zoning Officer. Disregard of a stop-work order shall be subject to the penalties described in Article XXIV of this chapter.
(6)
Inspections. The Zoning Officer 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 floodplain
development permit or the approved variance.
(7)
Certificate of compliance.
(a)
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 Zoning Officer stating that the use of any
building or land is in conformance with the requirements of this article.
(b)
All other development occurring within the designated flood
hazard area will have upon completion a certificate of compliance
issued by the Zoning Officer.
A.
General standards. In all areas of special flood hazards, the following
standards are required:
(1)
Anchoring.
(a)
All new construction and substantial improvements shall be anchored
to prevent flotation, collapse or lateral movement of the structure.
(b)
All manufactured dwellings shall be installed using methods
and practices which minimize flood damage. Manufactured dwellings
must be elevated and anchored to resist flotation, collapse or lateral
movement. Manufactured dwellings 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.
(2)
Construction materials and methods.
(3)
Utilities.
(a)
Electrical, heating, ventilation, plumbing, 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.
(b)
All new and replacement water supply systems shall be designed
to minimize or eliminate infiltration of floodwaters into the system.
(c)
New and replacement sanitary sewage systems shall be designed
to minimize or eliminate infiltration of floodwaters.
(d)
On-site waste disposal systems shall be located to avoid impairment
to them or contamination from them during flooding.
(4)
Subdivision proposals.
(a)
All subdivision proposals shall be consistent with the need
to minimize flood damage.
(b)
All subdivision proposals shall have public utilities and facilities
such as sewer, gas, electrical and water systems located and constructed
to minimize flood damage.
(c)
All subdivision proposals shall have adequate drainage provided
to reduce exposure to flood damage.
(d)
Base flood elevation data shall be provided for subdivision
proposals and other proposed developments (including proposals for
manufactured home parks and subdivisions) greater than either 50 lots
or five acres.
(5)
Encroachments.
(a)
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 area of special flood hazards set forth in § 300-153C(1), Permit application review. This may require the submission of additional technical data to assist in the determination.
(b)
In all areas of special flood hazard in which base flood elevation data is available pursuant to § 300-152B or § 300-153C(2) 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.
B.
Specific standards. In all areas of special flood hazards where base flood elevation data has been provided as set forth in § 300-152B, Basis for establishing the areas of special flood hazards, and § 300-153C(1)(e), Use of other base flood data, the following standards are required:
(1)
Residential construction. New construction and substantial improvements
of any residential 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]
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]
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 Zoning Officer shall maintain on record a copy of all such
certificates noted in this article.
(3)
Construction standards for areas of special flood hazards without
base flood elevations.
(a)
New construction or substantial improvements of structures including manufactured dwellings shall have the lowest floor, including basement, elevated to or above the base flood elevation as may be determined in § 300-152B or two feet above the highest adjacent grade where no elevation data is available.
(b)
New construction or substantial improvements of structures,
including manufactured dwellings, 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.
(c)
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:
[1]
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 openings, provided that they permit the automatic entry
and exit of floodwaters.
C.
Floodways. Located within areas of special flood hazard are areas designated as floodways. The floodway is an extremely hazardous area due to high velocity floodwaters carrying debris and posing additional threats from potential erosion forces. When floodway data is available for a particular site as provided by § 300-152B and § 300-153C(1)(e), all encroachments, including fill, new construction, substantial improvements and other development, shall be prohibited within the limits of the floodway, unless a technical evaluation demonstrates that such encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.
A.
Appeals Board.
(1)
The Board of Appeals, as established by the Town Board, shall
hear and decide appeals and requests for variances from the requirements
of this article.
(2)
The Board of Appeals shall hear and decide appeals when it is
alleged there is an error in any requirement, decision or determination
made by the Zoning Officer in the enforcement or administration of
this article.
(3)
Those aggrieved by the decision of the Board of Appeals 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 Board of Appeals shall
consider all technical evaluations, all relevant factors and standards
specified in other sections of this article 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) above and the purposes of this article, the Board of Appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this article.
(6)
The Zoning Officer shall maintain the records of all appeal
actions, including technical information, and report any variances
to the Federal Emergency Management Agency upon request.
B.
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 items in Subsection A(4)(a) through (l) in this section have been fully considered. As the lot size increases beyond 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 article.
(3)
Variances may be issued for new construction and substantial
improvements and for other development necessary for the conduct of
a functionally dependent use, provided that:
(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:
(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.
(c)
A determination that the granting of a variance will not result
in increased flood heights, additional threats to public safety, 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.
