The boundaries of the Floodplain Overlay District are delineated as the 100-year floodplain on the most current edition of the appropriate Federal Insurance Rate Map issued for the Town of Hoosick by the Federal Emergency Management Agency. Any revisions, amendments or successors to this map, with all explanatory matter, are hereby adopted and made a part of this chapter. The latest edition of the map shall be kept on file in the offices of the Town Clerk, Planning Board and Building Inspector for public inspection. The boundaries of the 100-year floodplain shall also be depicted on the Land Use District Map, Town of Hoosick.[1] No new structures may be erected within the Floodplain Overlay District, except for changes and expansion of existing uses, and accessory structures.
A.
The purpose of this section is to:
(1)
Protect human life and health;
(2)
Minimize expenditure of public money for costly flood-control projects;
(3)
Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
(4)
Minimize prolonged business interruptions;
(5)
Minimize danger to public facilities and utilities such as water and gas mains, electric, telephone, sewer lines, streets and bridges located in areas of special flood hazards;
(6)
Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood-blight areas;
(7)
Provide that developers are notified that property is in an area of special flood hazard; and
(8)
Assure that those who occupy the areas of special flood hazard assume responsibility for their actions.
B.
Lands to which this district applies. This district applies to all areas designated in the most recent Flood Hazard Boundary Map or Flood Insurance Rate Map, as issued by the Federal Emergency Management Agency.
C.
Warning and disclaimer of liability. Although the Flood Fringe Overlay District is meant to reduce the damage from floods, areas outside of the Flood Fringe Overlay District may flood. The Flood Hazard Boundary Map and/or Flood Insurance Rate Map and their attendant studies only review larger streams along with the rivers. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. The Flood Fringe Overlay District does not imply that land outside the district will be free from flooding or flood damages. The Flood Fringe Overlay District shall not create liability on the part of the Town of Hoosick, any officer or employee thereof, or the Federal Emergency Management Agency, or flood damages that result from reliance on this section or any administrative decision lawfully made there under.
D.
Floodplain development permit. All development in the Flood Fringe Overlay District shall follow federal and state regulations and shall require a floodplain development permit.
(1)
Floodplain development permit applications must be submitted to the Hoosick Building Inspector or designee, along with a permit fee to be established by the Hoosick Town Board. The application shall consist of:
(a)
An application form.
(b)
The proposed elevation, in relation to mean sea level, of the lowest floor (including basement or cellar) of any new or substantially improved structure to be located in the Flood Fringe Overlay District, if base flood elevation data is available. Upon completion of the lowest floor, the permittee shall submit to the Building Inspector the as-built elevation, certified by a licensed professional engineer or surveyor.
(c)
The proposed elevation, in relation to mean sea level, to which any new or substantially improved nonresidential structure will be floodproofed. Upon completion of the floodproofed portion of the structure, the permittee shall submit to the Building Inspector the as-built floodproofed elevation, certified by a licensed professional engineer or surveyor.
(d)
A certificate from a licensed professional engineer or architect that any utility floodproofing will meet the federal and state floodproofing criteria.
(e)
A certificate from a licensed professional engineer or architect that any nonresidential floodproofed structure will meet the federal and state floodproofing criteria.
[1]
A description of the extent to which any watercourse will be altered or relocated as a result of the proposed development. Computations by a licensed 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 created by FEMA to designate the flood hazard boundaries, when notified by the Building Inspector, 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;
(f)
A technical analysis by a licensed professional engineer, if required by the Building Inspector, which shows whether proposed development to be located in the Flood Fringe Overlay District may result in physical damage to any other property;
(g)
Where no base flood elevation data are available from other sources, base flood elevation data shall be provided by the permit applicant for proposed developments that are greater than five acres.
E.
Duties and responsibilities of the Building Inspector. Duties of the Building Inspector shall include, but not be limited to, the following:
(1)
Permit application review. The Building Inspector shall conduct the following permit application review before issuing a floodplain development permit:
(a)
Review all applications for completeness, particularly with the requirements of § 247-44D(1), concerning permit applications, and for compliance with the provisions and standards of this chapter;
(b)
Review proposed new development to determine whether building sites will be reasonably safe from flooding. If a proposed building site is located in the Flood Fringe Overlay District, all new construction and substantial improvements shall meet the applicable federal and state floodplain construction standards;
(c)
Review potential for property damage.
[1]
Determine whether any proposed development in the Flood Fringe Overlay District may result in physical damage to any other property (e.g., stream bank erosion and increased flood velocities). The Building Inspector may require the applicant to submit additional technical analyses and data necessary to complete the determination.
[2]
If the proposed development may result in physical damage to any other property or fails to meet the requirements of federal and state floodplain construction standards, no permit shall be issued. The applicant may revise the application to include measures that mitigate or eliminate the adverse effects and resubmit the application.
(d)
Determine that all necessary permits have been received from those governmental agencies from which approval is required by local, state or federal law.
(e)
The Building Inspector may, when reviewing floodplain development permit applications, hire consultants to assist in the review and provide technical expertise. Reasonable costs incurred by the Building Inspector for private consultation fees or other extraordinary expense in connection with review of an application shall be charged to the applicant. Such reimbursable costs shall be in addition of any fees required by this article. Maximum amounts for such reimbursable costs by project type and size shall be in accordance with the fee schedule established and annually reviewed by the Town Board.
(2)
Use of other flood data.
(a)
When FEMA has designated areas of special flood hazard on the Town's Flood Insurance Rate Map or Flood Hazard Boundary Map, but has neither produced water surface elevation data (these areas are designated Zone A or V on the FIRM) nor identified a floodway, the Building Inspector 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 Subsection D(1)(g), as criteria for requiring that new construction, substantial improvements or other proposed development meet the requirements of this chapter.
(b)
When base flood elevation data are not available, the Building Inspector 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 article.
(3)
Alteration of watercourses.
(a)
Notification to adjacent communities and the New York State Department of Environmental Conservation prior to permitting any alteration or relocation of a watercourse, and submittal of evidence of such notification to the Regional Director, Region II, Federal Emergency Management Agency.
(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.
(a)
In the Flood Fringe Overlay District, if base flood elevation data are available, upon placement of the lowest floor or completion of floodproofing of a new or substantially improved structure, obtain from the permit holder a certification of the as-built elevation of the lowest floor or floodproofed elevation, in relation to mean sea level. The certificate shall be prepared by or under the direct supervision of a licensed land surveyor or professional engineer and certified by same.
(b)
Any further work undertaken prior to submission and approval of the certification shall be at the permit holder's risk. The Building Inspector 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 Building Inspector 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 the floodplain development permit and/or any variance provisions.
(6)
Stop-work orders.
(a)
The Building Inspector shall issue, or cause to be issued, a stop-work order for any floodplain development found ongoing without a development permit. Disregard of a stop-work order shall subject the violator to the penalties described in § 247-48 of this chapter.
(b)
The Building Inspector shall issue or cause to be issued a stop-work order for any floodplain development found noncompliant with the provisions of this article and/or the conditions of the development permit. Disregard of a stop-work order shall subject the violator to the penalties described in § 247-48 of this chapter.
(7)
Certificate of compliance.
(a)
In the Flood Fringe Overlay District, as determined by documents enumerated in § 247-44B, it shall be unlawful to occupy or 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 Building Inspector, stating that the building or land conforms to the requirements of this article.
(b)
A certificate of compliance shall be issued by the Building Inspector upon satisfactory completion of all development in the Flood Fringe Overlay District.
(c)
Issuance of a certificate shall be based upon the inspections conducted as prescribed in § 247-44E(5), Inspections, and/or any certified elevations, hydraulic data, floodproofing, anchoring requirements and encroachment analyses which may have been required as a condition of the approved permit.
(8)
Information to be retained. The Building Inspector shall retain and make available for inspection copies of the following:
F.
Construction standards.
(1)
General standards. The following standards apply to new development, including new and substantially improved structures in the Flood Fringe Overlay District.
(a)
The following standards apply to all proposed development in the Flood Fringe Overlay District:
[1]
Proposals shall be consistent with the need to minimize flood damage;
[2]
Public utilities and facilities such as sewer, gas, electrical, and water systems shall be located and constructed so as to minimize flood damage; and
[3]
Adequate drainage shall be provided to reduce exposure to flood damage.
(b)
Encroachments.
[1]
Encroachments.
[a]
Within the Flood Fringe Overlay District, on streams without a regulatory floodway, no new construction, substantial improvements or other development (including fill) shall be permitted unless:
[i]
The applicant demonstrates that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any location; or
[ii]
The Town of Hoosick agrees to apply to FEMA for a conditional FIRM revision on behalf of the applicant. If FEMA's approval is received, the applicant shall then provide all necessary data, analyses and mapping, and escrow funds for consultant fees. The applicant must also provide all data, analyses and mapping and pay the Town of Hoosick for all costs related to the map revision.
[2]
All new structures and substantial improvements shall follow FEMA's most recent standards for construction.
G.
Variance procedures.
(1)
Appeals Board.
(a)
The Zoning Board of Appeals as established in this chapter shall hear and decide appeals and request for variances from the requirements of this article.
(b)
The Zoning 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 Building Inspector in the enforcement or administration of this article.
(c)
In passing upon such application, the Zoning Board of Appeals shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter and article, and:
[1]
The danger that materials may be swept onto other lands to the injury of others;
[2]
The danger to life and property due to flooding or erosion damage;
[3]
The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
[4]
The importance of the services provided by the proposed facility to the community;
[5]
The necessity of the facility of a waterfront location, where applicable;
[6]
The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;
[7]
The compatibility of the proposed use with existing and anticipated development;
[8]
The relationship of the proposed use to the Comprehensive Plan and floodplain management program of that area;
[9]
The safety of access to the property in times of flood for ordinary and emergency vehicles;
[10]
The costs to local governments and the dangers associated with conduct of search and rescue operations during periods of flooding;
[11]
The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected on the site; and
[12]
The costs of providing governmental services during and after the flood conditions, including search and rescue operations, maintenance and repair of public utilities and facilities such as sewer, gas, electrical, water systems and streets and bridges.
(d)
Upon consideration of the factors in § 247-44G(1)(c) and the purposes of this article, the Zoning Board of Appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this article.
(e)
The Building Inspector shall maintain the records of all appeals actions, including technical information.
(2)
Conditions for variances.
(a)
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 the items in Subsection G(1)(c) have been fully considered. As the lot size increases beyond the 1/2 acre, the technical justification required for issuing the variance increases.
(b)
Variances may be issued for the repair or rehabilitation of historic structures upon determination that:
(c)
Variances may be issued by a community for new construction and substantial improvements and other development necessary for the conduct of a functionally dependent use, provided that:
(d)
Variances shall not be issued within any designated floodway if any increase of flood levels during the base flood discharge would result.
(e)
Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
(f)
Variances shall only be issued upon receiving written justification of:
[1]
A showing of good and sufficient cause;
[2]
A determination that failure to grant the variance would result in exceptional hardship 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, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.
(g)
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 a community official that the cost of flood insurance will be commensurate with the increased risk resulting from lowest floor elevation.
[1]
Editor's Note: The Land Use District Map is on file in the Town offices and available for viewing on the Town website.