[HISTORY: Adopted by the Board of Trustees of the Village
of Bloomfield 12-21-1995 by L.L.
No. 8-1995 (Ch. 74 of the 2016 Code). Amendments
noted where applicable.]
A.
Findings. The Board of Trustees of the Village of Bloomfield finds
that the potential and/or actual damages from flooding and erosion
may be a problem to the residents of the Village of Bloomfield 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.
B.
Statement of 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:
(1)
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)
Require that uses vulnerable to floods, including facilities which
serve such uses, be protected against flood damage at the time of
initial construction.
(3)
Control the alteration of natural floodplains, stream channels, and
natural protective barriers which are involved in the accommodation
of floodwaters.
(4)
Control filling, grading, dredging and other development which may
increase erosion or flood damages.
(5)
Regulate the construction of flood barriers which will unnaturally
divert floodwaters or which may increase flood hazards to other lands.
(6)
Qualify and maintain for participation in the National Flood Insurance
Program.
The objectives of this chapter are:
A.
To protect human life and health.
B.
To minimize expenditure of public money for costly flood control
projects.
C.
To minimize the need for rescue and relief efforts associated with
flooding and generally undertaken at the expense of the general public.
D.
To minimize prolonged business interruptions.
E.
To minimize damage to public facilities and utilities such as water
and gas mains, electric, telephone, sewer lines, streets and bridges
located in areas of special flood hazard.
F.
To help maintain a stable tax base by providing for the sound use
and development of areas of special flood hazard so as to minimize
future flood blight areas.
G.
To provide that developers are notified that property is in an area
of special flood hazard.
H.
To ensure that those who occupy the areas of special flood hazard
assume responsibility for their actions.
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.
Has the same meaning as "base flood."
A request for a review of the local administrator's interpretation
of any provision of this chapter or a request for a variance.
A designated AO, AH or VO Zone on a community's Flood Insurance
Rate Map (FIRM) with a 1% or greater annual chance of flooding to
an average annual depth of one footto 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.
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, A1-A30, A99, V, VO, VE, or V1-V30.
It is also commonly referred to as the "base floodplain" or "100-year
floodplain."
The flood having a 1% chance of being equaled or exceeded
in any given year.
That portion of a building having its floor subgrade (below
ground level) on all sides.
See "structure."
Has the same meaning as "basement."
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.
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-V30,
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.
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 community.
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).
The federal agency that administers the National Flood Insurance
Program.
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
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 flood-related erosion
hazards.
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 designated as Zone A, but no flood elevations are
provided.
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.
See "Flood Elevation Study."
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, or by
some similarly unusual and unforeseeable event which results in flooding
as defined in Subsection (1) above.
Any combination of structural 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.
Any land area susceptible to being inundated by water from
any source (see definition of "flooding").
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 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 of a structure.
Any structure that is:
Listed individually in the National Register of Historic Places
(a listing maintained by the 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:
The person appointed by the community to administer and implement
this chapter by granting or denying development permits in accordance
with its provisions. This person is often the Code Enforcement Officer
or employee of an engineering department.
Lowest floor of the lowest enclosed area (including basement
or cellar). 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 nonelevation 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.
Has the same meaning as "manufactured home."
As corrected in 1929, a vertical control used as a reference
for establishing varying elevations within the floodplain.
Structures for which the start of construction commenced
on or after the effective date of a floodplain management regulation
adopted by the community and includes any subsequent improvements
to such structure.
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.
At least 51% of the actual cash value of the structure, excluding
land value, is above ground.
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 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 Federal Emergency Management
Agency in a Flood Insurance Study or by other agencies as provided
in Section 4.4-2 of this Law.[1]
Includes substantial improvement and means the initiation,
excluding planning and design, of any phase of a project or 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.
A walled and roofed building, including a gas or liquid storage
tank, that is principally above ground, 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.
Any reconstruction, rehabilitation addition, or other improvement
of a structure, the cost of which equals or exceeds 50% of the market
value of the structure before the start of construction of the improvement.
The term includes 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 assure safe living conditions;
or
Any alteration of an historic structure, provided that the alteration
will not preclude the structure's continued designation as an "historic
structure."
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.
[1]
Editor's Note: So in original.
A.
Lands to which this chapter applies. This chapter shall apply to
all areas of special flood hazard within the jurisdiction of the Village
of Bloomfield.
C.
Interpretation and conflict with other laws.
(1)
This chapter includes all revisions to the National Flood Insurance
Program through November 1, 1989, and shall supersede all previous
laws adopted for the purpose of flood damage prevention.
(2)
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, local laws or ordinances, the
most restrictive, or that imposing the higher standards, shall govern.
D.
Severability. The invalidity of any section or provision of this
chapter shall not invalidate any other section or provision thereof.
E.
Penalties for noncompliance. 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. 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 Village
of Bloomfield from taking such other lawful action as necessary to
prevent or remedy an infraction. Any structure found not in compliance
with the requirements of this chapter for which the developer and/or
owner has not applied for or received an approved variance under Section
6.0[2] will be declared noncompliant and notification sent to
the Federal Emergency Management Agency.
[2]
Editor's Note: So in original.
F.
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 area 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 Village of Bloomfield,
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 hereunder.
A.
Designation of the local administrator.
(1)
The Code Enforcement Officer (CEO) is hereby appointed local administrator
to administer and implement this chapter by issuing floodplain development
permits in accordance with its provisions.
(2)
Prior to issuing 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 CEO shall refer all information and documentation
to the Planning Board. The Planning Board shall review the information
and approve or deny the issuance of the permit by the CEO. The Planning
Board, prior to reaching its decision, shall request an advisory opinion
from the CEO. In addition, the Planning Board may consult with the
Village Engineer and/or the Village Attorney. The Planning Board shall
notify the CEO of its decision, and the CEO, acting on the written
direction of the Planning Board, shall either issue or deny the permit.
B.
The floodplain development permit.
(1)
Purpose. A floodplain development permit is hereby established for
all construction and other development to be undertaken in areas of
special flood hazard in this community for the purpose of protecting
its citizens from increased flood hazards and insuring that new development
is constructed in a manner that minimizes its exposure to flooding.
It shall be unlawful to undertake any development in an area of special
flood hazard, as shown on the Limited Development Overlay Map in the
Village of Bloomfield Zoning Local Law enumerated in Section 3.2,[1] without a valid floodplain development permit. 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 location of the forgoing.
[1]
Editor's Note: So in original.
(2)
Fees. All applications for a floodplain development permit shall
be accompanied by an application fee as established in the Village
of Bloomfield Fee Schedule. In addition, the applicant shall be responsible
for reimbursing the Village Bloomfield for any additional costs necessary
for review, inspection, and approval of this project. The local administrator
may require a deposit of no more than $500 to cover these additional
costs.
C.
Application for a permit. The applicant shall provide the following
information as appropriate. Additional information may be required
on the permit application form.
(1)
The proposed elevation in relation to mean sea level of the lowest
floor (including basement or cellar) of any new or substantially improved
structures. 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)
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.
(5)
A description of the extent to which any watercourse will be altered
or relocated as a result of proposed development. Computations by
a licensed professional engineer must be submitted that demonstrate
that the altered or relocated segment will provide equal or greater
conveyance than the original stream segment. The applicant must submit
any maps, computations or other material required by the Federal Emergency
Management Agency (FEMA) to revise the documents enumerated in Section
3.2,[4] when notified by the local administrator, and must pay
any fees or other costs assessed by FEMA for this purpose. The applicant
must also provide assurances that the conveyance capacity of the altered
or relocated stream segment will be maintained.
[4]
Editor's Note: So in original.
(6)
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)
In Limited Development Overlay areas, 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.
D.
Duties and responsibilities of the local administrator (CEO). The
duties of the Code Enforcement Officer shall include, but not be limited
to:
(1)
Permit application review. The local administrator shall conduct
the following permit application review before issuing a floodplain
development permit:
(b)
Review subdivision and other proposed new development, including manufactured homes 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 standards of Section 74-7, Construction Standards, and in particular, subsection 5.1-1 Subdivision Proposals.[6]
[6]
Editor's Note: So in original.
(c)
Determine whether any proposed development in an area of special
flood hazard may result in physical damage to any other property (e.g.,
stream bank erosion and increased flood velocities). The local administrator
may require the applicant to submit additional technical analyses
and data necessary to complete the determination.
(d)
Determine that all necessary permits have been received from
those federal, state or local governmental agencies from which approval
is required.
(e)
Provide an advisory report to the Planning Board on all applications
for floodplain development permits.
(2)
Use of other flood data.
(a)
When base flood elevation data has not been provided, the Code
Enforcement Officer 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 paragraph 4.3(7),[7] as criteria for requiring new construction, substantial
improvements or other proposed development meet the requirements of
this chapter.
[7]
Editor's Note: So in original.
(b)
When base flood elevation data are not available, the CEO 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)
Alteration of watercourses.
(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, NY 10278.
(b)
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)
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 CEO 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 CEO
shall review all data submitted. Deficiencies detected shall be cause
to issue a stop-work order for the project unless immediately corrected.
(5)
Inspections. The Code Enforcement 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, if requested,
that the development is in compliance with the requirements of either
the floodplain development permit or the approved variance.
(6)
Stop-work orders.
(a)
All floodplain development found ongoing without a development
permit shall be subject to the issuance of a stop-work order by the
Code Enforcement Officer (CEO). Disregard of a stop-work order shall
be subject to the penalties described in Section 3.5 of this chapter.[8]
[8]
Editor's Note: So in original.
(b)
All floodplain development found noncompliant with the provisions
of this section and/or the conditions of the approved permit shall
be subject to the issuance of a stop-work order by the CEO. Disregard
of a stop-work order shall subject the violator to the penalties described
in Section 3.5[9] of this chapter.
[9]
Editor's Note: So in original.
(7)
Certificate of compliance.
(a)
In special areas of flood hazard, as determined by documents
enumerated in Section 3.2,[10] 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 Code Enforcement Officer (CEO) stating
that the use of any building or land is in conformance with the requirements
of this chapter.
[10]
Editor's Note: So in original.
(b)
All other development occurring within the designated special
flood hazard area will have upon completion a certificate of compliance
issued by the CEO.
(c)
All certificates shall be based upon the inspections conducted
as prescribed in Section 4.4-5, Inspections,[11] 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.
[11]
Editor's Note: So in original.
B.
Subdivision proposals. The following standards apply to all new subdivision
proposals and other proposed development in areas of special flood
hazard (including proposals for manufactured home and recreational
vehicle parks and subdivisions):
(1)
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 by the permit applicant
for subdivision proposals and other proposed developments (including
proposals for manufactured home or recreational vehicle parks and
subdivisions) greater than either 50 lots or five acres.
C.
Encroachments.
(1)
Within areas of special flood hazard, on streams without a regulatory
floodway, no new construction, substantial improvements or other development
(including fill) shall be permitted unless:
(a)
The applicant demonstrates that the cumulative effect of the
proposed development, when combined with all other existing and anticipated
development, will not increase the water surface elevation or the
base flood more than one foot at any location; or
(b)
The Village of Bloomfield 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 Village
of Bloomfield for all costs related to the final map revision.
(2)
On streams with a regulatory floodway, as shown on the Limited Development
Overlay Map enumerated in Section 3.2,[2] no new construction, substantial improvement or other
development in the floodway (including fill) shall be permitted unless:
(a)
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
(b)
The Village of Bloomfield agrees to apply to FEMA for a conditional
FIRM and floodway revision, FEMA approval is received and the applicant
provides all necessary data, analyses and mapping and reimburses the
Village for all fees and other costs in relation to the application.
The applicant must also provide all data, analyses and mapping and
reimburse the Village of Bloomfield for all costs related to the final
map revisions.
[2]
Editor's Note: So in original.
D.
Standards for all structures.
(1)
Anchoring.
(a)
All new construction and substantial improvements in areas of
special flood hazard shall be anchored to prevent flotation, collapse,
or lateral movement of the structure. This requirement is in addition
to applicable state and local anchoring requirements for resisting
wind forces.
(b)
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.
(c)
All recreational vehicles placed on-site for longer than 180
consecutive days and not fully licensed and ready for highway use
must be elevated and anchored to resist flotation, collapse or lateral
movement.
E.
Construction materials and methods.
F.
Utilities.
(1)
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.
(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. 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 the building's exterior wall.
(4)
On-site waste disposal systems shall be located to avoid impairment
to them or contamination from them during flooding.
G.
Elevation of residential structures. The following standards, in
addition to the standards in subsections 5.1-1 Subdivision Proposals,
5.1-2 Encroachments and Section 5.2 Standards for all structures,[3] apply to structures located in areas of special flood
hazard as indicated:
(1)
Within areas of special flood hazard, if base flood elevation data
are available, new construction or substantial improvements shall
have the lowest floor (including basement) elevated to two feet or
more above the base flood level.
(2)
Within areas of special flood hazard, when no base 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.
(3)
Adequate drainage paths are required to guide floodwaters around
and away from proposed structures on slopes.
(4)
In all areas of special flood hazard, 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)
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 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]
Editor's Note: So in original.
H.
Nonresidential construction. The following standards apply to new
and substantially improved commercial, industrial and other nonresidential
structures, in addition to the requirements in subsection 5.1-1 Subdivision
Proposals, 5.1-2 Encroachments and Section 5.2 Standards for All Structures:[4]
(1)
In areas of special flood hazard, if base elevation data are available,
new and substantial improvements of any nonresidential structure,
together with attendant utility and sanitary facilities, shall either:
(a)
Have the lowest floor, including basement or cellar, elevated
two feet or more above the base flood elevation; or
(b)
Be floodproofed so that the structure is watertight below a
level of two feet above 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.
(2)
In areas of special flood hazard, when no elevation data are available,
all new construction and substantial improvements shall:
(a)
Have the lowest floor (including basement) elevated above the
highest adjacent grade (at least two feet).
(c)
If the structure is to be floodproofed, a licensed professional
engineer or architect shall develop and/or review structural design
specifications and plans for construction. A floodproofing certificate
or other certification shall be provided to the CEO that certifies
the design and methods of construction are in accordance with accepted
standards of practice for meeting the provisions of Section 5.4 (1)
(ii),[6] including the specific elevation (in relation to mean
sea level) to which the structure is to be floodproofed.
[6]
Editor's Note: So in original.
(3)
In areas of special flood hazard, adequate drainage paths are required
to guide floodwaters around and away from proposed structures on slopes.
(4)
If the structure is to be elevated, 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 shall be designed to automatically (without human intervention)
equalize hydrostatic 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 a
licensed architect or meet the following criteria:
(a)
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 devices, provided they permit the automatic entry and
exit of floodwaters.
[4]
Editor's Note: So in original.
I.
Manufactured homes and recreational vehicles.
(1)
The following standards in addition to the standards in Section 5.1
General Standards and Section 5.2 Standards for All Structures[7] apply, as indicated, in areas of special flood hazard
to manufactured homes and to recreational vehicles which are located
in areas of special flood hazard.
(a)
A manufactured home that is placed or substantially improved
on a site in an area of special flood hazard is either:
[1]
Outside of a manufactured (mobile) home park or subdivision;
[2]
In a new manufactured (mobile) home park or subdivision as herein
defined;
[3]
In an expansion to an existing manufactured (mobile) home park
or subdivision as herein defined; or
[4]
In an existing manufactured (mobile) 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 two feet or more
above the base flood elevation and is 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.
(b)
A manufactured home to be placed or substantially improved on
a site located 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:
[2]
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.
(c)
New construction or substantial improvements of manufactured
homes in areas of special flood hazard where no base flood elevation
data are available shall be elevated at least two feet above the highest
adjacent grade.
(d)
All recreational vehicles placed on-site in special flood hazard
areas shall either:
[7]
Editor's Note: So in original.
(2)
A recreational vehicle is ready for highway use if it is on its wheels
or jacking system, is attached to the site only by quick-disconnect-type
utilities and security devices and has no permanently attached additions.
J.
Floodway. Located within areas of special flood hazard are areas
designated as floodway. 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, 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 Village Board of Trustees
shall hear and decide appeals and requests for variances from the
requirements of this chapter.
(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 Code Enforcement Officer in the enforcement or administration
of this chapter.
(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, 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, water systems, streets and bridges.
(6)
The Code Enforcement 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, providing items (i-xii) in Section 6.1(4)[2] have been fully considered. As the lot size increases
beyond the 1/2 acre, the technical justification required for issuing
the variance increases.
[2]
Editor's Note: So in original.
(2)
Variances may be issued for the repair or rehabilitation of historic
structures upon determination that:
(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
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.
(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 over the signature of the Code Enforcement Officer that the
cost of flood insurance will be commensurate with the increased risk
resulting from lowest floor elevation.
