[HISTORY: Adopted by the Town Board of the
Town of Wales 4-9-2019 by L.L. No. 2-2019.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed
former Ch. 103, Flood Damage Prevention, adopted 8-26-2008 by L.L. No.
10-2008.
The Town Board of the Town of Wales finds that the potential
and/or actual damages from flooding and erosion may be a problem to
the residents of the Town of Wales 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.
A.
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;
and
(6)
Qualify and maintain for participation in the National Flood Insurance
Program.
A.
The objectives of this chapter are:
(1)
To protect human life and health;
(2)
To minimize expenditure of public money for costly flood control
projects;
(3)
To minimize the need for rescue and relief efforts associated with
flooding and generally undertaken at the expense of the general public;
(4)
To minimize prolonged business interruptions;
(5)
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;
(6)
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;
(7)
To provide that developers are notified that property is in an area
of special flood hazard; and
(8)
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.
A structure used solely for parking (two-car detached garages
or smaller) or limited storage, represent a minimal investment of
not more than 10% of the value of the primary structure, and may not
be used for human habitation.
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 to three feet where a clearly defined
channel does not exist, where the path of flooding is unpredictable
and where velocity flow may be evident. Such flooding is characterized
by ponding or sheet flow.
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. For purposes of this chapter, the term "special flood
hazard area (SFHA)" is synonymous in meaning with the phrase "area
of special flood hazard."
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."
An enclosed area beneath the lowest elevated floor, 18 inches
or more in height, which is used to service the underside of the lowest
elevated floor. The elevation of the floor of this enclosed area,
which may be of soil, gravel, concrete or other material, must be
equal to or above the lowest adjacent exterior grade. The enclosed
crawl space area shall be properly vented to allow for the equalization
of hydrostatic forces which would be experienced during periods of
flooding.
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 V1-30, VE,
or V, to have the bottom of the lowest horizontal structure member
of the elevated floor, elevated above the ground level by means of
pilings, columns (posts and piers), or shear walls parallel to the
flow of the water and adequately anchored so as not to impair the
structural integrity of the building during a flood of up to the magnitude
of the base flood. In the case of Zones A1-A30, AE, A, A99, AO, AH,
B, C, X, or D, "elevated building" also includes a building elevated
by means of fill or solid foundation perimeter walls with openings
sufficient to facilitate the unimpeded movement of floodwaters. In
the case of Zones V1-V30, VE, or V, "elevated building" also includes
a building otherwise meeting the definition of "elevated building,"
even though the lower area is enclosed by means of breakaway walls
that meet the federal standards.
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
water courses 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."
"Flood" or "flooding" also means the collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as a flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in Subsection A(1) above.
Any land area susceptible to being inundated by water from
any source (see definition of "flooding").
Any combination of structural and nonstructural additions,
changes, or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
Has the same meaning as "regulatory floodway."
A use which cannot perform its intended purpose unless it
is located or carried out in close proximity to water, such as a 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 Building Inspector,
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, the North American
Vertical Datum of 1988 (NAVD 88), 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."
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.
Has the same meaning as "base flood."
That at least 51% of the actual cash value of the structure,
excluding land value, is aboveground.
A vehicle which is:
Built on a single chassis;
Four hundred square feet or less when measured at the largest
horizontal projections;
Designed to be self-propelled or permanently towable by a light-duty
truck; and
Not designed primarily for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel, or seasonal
use.
The 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 § 103-15B of this chapter.
The date of permit issuance for new construction and substantial
improvements to existing structures, provided that actual start of
construction, repair, reconstruction, rehabilitation, addition placement,
or other improvement is within 180 days after the date of issuance.
The actual start of construction means the first placement of permanent
construction of a building (including a manufactured home) on a site,
such as the pouring of a slab or footings, installation of pilings
or construction of columns.
Permanent construction does not include land preparation (such
as clearing, excavation, grading, or filling), or the installation
of streets or walkways, or excavation for a basement, footings, piers
or foundations, or the erection of temporary forms, or the installation
of accessory buildings such as garages or sheds not occupied as dwelling
units or not part of the main building. For a substantial improvement,
the actual "start of construction" means the first alteration of any
wall, ceiling, floor, or other structural part of a building, whether
or not that alteration affects the external dimensions of the building.
A walled and roofed building, including a gas or liquid storage
tank that is principally aboveground, as well as a manufactured home.
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before damaged condition would
equal or exceed 50% of the market value of the structure before the
damage occurred.
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.
The failure of a structure or other development to be fully
compliant with the community's floodplain management regulations.
This chapter shall apply to all areas of special flood hazard
within the jurisdiction of the Town of Wales.
A.
The areas of special flood hazard are identified and defined on the
following documents prepared by the Federal Emergency Management Agency:
(1)
Flood Insurance Rate Maps: 36029C0387H, 36029C0389H, 36029C0391H,
36029C0392H, 36029C0393H, 36029C0394H, 36029C0411H, 36029C0413H, 36029C0414H,
36029C0527H, 36029C0529H, 36029C0531H, 36029C0532H, 36029C0535H, 36029C0551H,
36029C0552H, 36029C0555H, whose effective date is June 7, 2019, and
any subsequent revisions to these map panels that do not affect areas
under our community's jurisdiction.
(2)
A scientific and engineering report entitled "Flood Insurance Study,
Erie County, New York (All Jurisdictions)" dated June 7, 2019.
B.
The above documents are hereby adopted and declared to be a part
of this chapter. The Flood Insurance Study and/or maps are on file
at:
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Code Enforcement Office of the Town of Wales
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12345 Big Tree Road, Wales Center, New York 14169
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A.
This chapter includes all revisions to the National Flood Insurance
Program through October 27, 1997 and shall supersede all previous
laws adopted for the purpose of flood damage prevention.
B.
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.
The invalidity of any section or provision of this chapter shall
not invalidate any other section or provision thereof.
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 Town of Wales 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 §§ 103-19 and 103-20 will be declared noncompliant and notification sent to the Federal Emergency Management Agency.
The degree of flood protection required by this chapter is considered
reasonable for regulatory purposes and is based on scientific and
engineering considerations. Larger floods can and will occur on rare
occasions. Flood heights may be increased by man-made or natural causes.
This chapter does not imply that land outside the area of special
flood hazards or uses permitted within such areas will be free from
flooding or flood damages. This chapter shall not create liability
on the part of the Town of Wales, 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 there under.
The Code Enforcement Officer is hereby appointed Local Administrator
to administer and implement this chapter by granting or denying floodplain
development permits in accordance with its provisions.
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 Flood Insurance Rate Map enumerated in § 103-6, 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 foregoing.
All applications for a floodplain development permit shall be
accompanied by an application fee as established by Town Board resolution
from time-to-time. In addition, the applicant shall be responsible
for reimbursing the Town of Wales 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.
A.
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
structure to be located in Zones A1-A30, AE or AH, or Zone A if base
flood elevation data are available. Upon completion of the lowest
floor, the permitee shall submit to the Local Administrator the as-built
elevation, certified by a licensed professional engineer or surveyor.
(2)
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
permitee shall submit to the Local Administrator the as-built floodproofed
elevation, certified by a professional engineer or surveyor.
(3)
A certificate from a licensed professional engineer or architect that any utility floodproofing will meet the criteria in § 103-17C, Utilities.
(4)
A certificate from a licensed professional engineer or architect that any nonresidential floodproofed structure will meet the floodproofing criteria in § 103-18B, Nonresidential structures.
(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 § 103-6, 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.
(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 Zone A, when no base flood elevation data are available from other
sources, base flood elevation data shall be provided by the permit
applicant for subdivision proposals and other proposed developments
(including proposals for manufactured home and recreational vehicle
parks and subdivisions) that are greater than either 50 lots or five
acres.
A.
The Local Administrator shall conduct the following permit application
review before issuing a floodplain development permit:
(1)
Review all applications for completeness, particularly with the requirements of § 103-14, Application for a permit, and for compliance with the provisions and standards of this law.
(2)
Review subdivision and other proposed new development, including manufactured home parks to determine whether proposed building sites will be reasonably safe from flooding. If a proposed building site is located in an area of special flood hazard, all new construction and substantial improvements shall meet the applicable standards of §§ 103-16 through 103-18D, and, in particular, Subsection A, Subdivision proposals.
(3)
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.
(a)
If the proposed development may result in physical damage to any other property or fails to meet the requirements of §§ 103-16 through 103-18D, no permit shall be issued. The applicant may revise the application to include measures that mitigate or eliminate the adverse effects and re-submit the application.
(4)
Determine that all necessary permits have been received from those
governmental agencies from which approval is required by state or
federal law.
B.
Use of other flood data.
(1)
When the Federal Emergency Management Agency has designated areas of special flood hazard on the community's Flood Insurance Rate map (FIRM) but has neither produced water surface elevation data (these areas are designated Zone A or V on the FIRM) nor identified a floodway, the Local Administrator shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, including data developed pursuant to § 103-14A(7), as criteria for requiring that new construction, substantial improvements or other proposed development meet the requirements of this law.
(2)
When base flood elevation data are not available, the Local Administrator
may use flood information from any other authoritative source, such
as historical data, to establish flood elevations within the areas
of special flood hazard, for the purposes of this law.
(3)
When an area of special flood hazard, base flood elevation, and/or floodway data are available from a federal, state or other authoritative source, but differ from the data in the documents enumerated in § 103-6, the Local Administrator may reasonably utilize the other flood information to enforce more restrictive development standards.
C.
Alteration of watercourses.
(1)
Notification to adjacent municipalities that may be affected and
the New York State Department of Environmental Conservation prior
to permitting any alteration or relocation of a watercourse and submit
evidence of such notification to the Regional Administrator, Region
II, Federal Emergency Management Agency.
(2)
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.
D.
Construction stage.
(1)
In Zones A1-A30, AE and AH, and also Zone A if base flood elevation
data are available, upon placement of the lowest floor or completion
of floodproofing of a new or substantially improved structure, obtain
from the permit holder a certification of the as-built elevation of
the lowest floor or floodproofed elevation, in relation to mean sea
level. The certificate shall be prepared by or under the direct supervision
of a licensed land surveyor or professional engineer and certified
by same. For manufactured homes, the permit holder shall submit the
certificate of elevation upon placement of the structure on the site.
A certificate of elevation must also be submitted for a recreational
vehicle if it remains on a site for 180 consecutive days or longer
(unless it is fully licensed and ready for highway use).
(2)
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.
E.
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, if requested,
that the development is in compliance with the requirements of the
floodplain development permit and/or any variance provisions.
F.
Stop-work orders.
(1)
The Local Administrator shall issue, or cause to be issued, a stop-work order for any floodplain development found ongoing without a development permit. Disregard of a stop-work order shall subject the violator to the penalties described in § 103-9 of this chapter.
(2)
The Local Administrator shall issue, or cause to be issued, a stop-work order for any floodplain development found noncompliant with the provisions of this law and/or the conditions of the development permit. Disregard of a stop-work order shall subject the violator to the penalties described in § 103-9 of this chapter.
G.
Certificate of compliance.
(1)
In areas of special flood hazard, as determined by documents enumerated in § 103-6, it shall be unlawful to 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.
(2)
A certificate of compliance shall be issued by the Local Administrator
upon satisfactory completion of all development in areas of special
flood hazard.
H.
Information to be retained. The Local Administrator shall retain
and make available for inspection, copies of the following:
(1)
Floodplain development permits and certificates of compliance;
(2)
Certifications of as-built lowest floor elevations of structures required pursuant to § 103-15D(1) and (2), and whether or not the structures contain a basement;
(3)
Floodproofing certificates required pursuant to § 103-15D(1), and whether the structures contain a basement;
The following standards apply to new development, including new and substantially improved structures, in the areas of special flood hazard shown on the Flood Insurance Rate Map designated in § 103-6.
A.
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):
B.
Encroachments.
(1)
Within Zones A1-A30 and AE, on streams without a regulatory floodway,
no new construction, substantial improvements or other development
(including fill) shall be permitted, unless:
(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 of the
base flood more than one foot at any location; or
(b)
The Town of Wales agrees to apply to the Federal Emergency Management
Agency (FEMA) for a conditional FIRM revision, FEMA approval is received
and the applicant provides all necessary data, analyses and mapping
and reimburses the Town of Wales for all fees and other costs in relation
to the application. The applicant must also provide all data, analyses
and mapping and reimburses the Town of Wales for all costs related
to the final map revision.
(2)
On streams with a regulatory floodway, as shown on the Flood Boundary and Floodway Map or the Flood Insurance Rate Map adopted in § 103-6, no new construction, substantial improvements or other development in the floodway (including fill) shall be permitted, unless:
(a)
A technical evaluation by a licensed professional engineer demonstrates
through hydrologic and hydraulic analyses performed in accordance
with standard engineering practice that such an encroachment shall
not result in any increase in flood levels during occurrence of the
base flood; or
(b)
The Town of Wales agrees to apply to the Federal Emergency Management
Agency (FEMA) for a conditional FIRM and floodway revision, FEMA approval
is received, and the applicant provides all necessary data, analyses
and mapping and reimburses the Town of Wales for all fees and other
costs in relation to the application. The applicant must also provide
all data, analyses and mapping and reimburse the Town of Wales for
all costs related to the final map revisions.
(3)
In Zones A1-A30, AE and AH, and also Zone A if base flood elevation
data are available, if any development is found to increase or decrease
base flood elevations, the Town of Wales shall as soon as practicable,
but not later than six months after the date such information becomes
available, notify FEMA and the New York State Department of Environmental
Conservation of the changes by submitting technical or scientific
data in accordance with standard engineering practice.
The following standards apply to new development, including new and substantially improved structures, in the areas of special flood hazard shown on the Flood Insurance Rate Map designated in § 103-6.
A.
Anchoring. New structures and substantial improvement to structures
in areas of special flood hazard shall be anchored to prevent flotation,
collapse, or lateral movement during the base flood. This requirement
is in addition to applicable state and local anchoring requirements
for resisting wind forces.
B.
Construction materials and methods.
(1)
New construction and substantial improvements to structures shall
be constructed with materials and utility equipment resistant to flood
damage.
(2)
New construction and substantial improvements to structures shall
be constructed using methods and practices that minimize flood damage.
(3)
For enclosed areas below the lowest floor of a structure within Zones
A1-A30, AE, AO or A, new and substantially improved structures shall
have fully enclosed areas below the lowest floor that are useable
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.
(a)
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 of each enclosed area 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 no higher than one foot above
the lowest adjacent finished grade; and
[3]
Openings not less than three inches in any direction.
(b)
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.
C.
Utilities.
(1)
New and replacement electrical equipment, heating, ventilating, air
conditioning, plumbing connections, and other service equipment shall
be located at least two feet above the base flood elevation, or at
least three feet above the highest adjacent grade in a Zone A without
an available base flood elevation, or be designed to prevent water
from entering and accumulating within the components during a flood
and to resist hydrostatic and hydrodynamic loads and stresses. Electrical
wiring and outlets, switches, junction boxes and panels shall be elevated
or designed to prevent water from entering and accumulating within
the components unless they conform to the appropriate provisions of
the electrical part of the Building Code of New York State or the
Residential Code of New York State for location of such items in wet
locations;
(2)
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 a building's exterior wall; and
(4)
On-site waste disposal systems shall be located to avoid impairment
to them or contamination from them during flooding.
A.
Elevation. The following standards apply to new and substantially improved residential structures located in areas of special flood hazard, in addition to the requirements in § 103-16A, Subdivision proposals, and B, Encroachments, and § 103-17, Standards for all structures.
(1)
Within Zones A1-A30, AE and AH and also Zone A if base flood elevation
data are available, new construction and substantial improvements
shall have the lowest floor (including basement) elevated to or above
two feet above the base flood elevation.
(2)
Within Zone A, when no base flood elevation data are available, new
construction and substantial improvements shall have the lowest floor
(including basement) elevated at least three feet above the highest
adjacent grade.
(3)
Within Zone AO, new construction and substantial improvements shall have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the community's Flood Insurance Rate Map enumerated in § 103-6, plus two feet (at least three feet if no depth number is specified).
(4)
Within Zones AH and AO, adequate drainage paths are required to guide
floodwaters around and away from proposed structures on slopes.
B.
Nonresidential structures. The following standards apply to new and substantially improved commercial, industrial and other nonresidential structures located in areas of special flood hazard, in addition to the requirements in § 103-16A, Subdivision proposals, and B, Encroachments, and § 103-17, Standards for all structures.
(1)
Within Zones A1-A30, AE and AH, and also Zone A if base flood elevation
data are available, new construction and substantial improvements
of any nonresidential structure shall either:
(a)
Have the lowest floor, including basement or cellar, elevated
to or above two feet above the base flood elevation; or
(b)
Be floodproofed so that the structure is watertight below two
feet above the base flood elevation, including attendant utility and
sanitary facilities, 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)
Within Zone AO, new construction and substantial improvements of
nonresidential structures shall:
(a)
Have the lowest floor (including basement) elevated above the
highest adjacent grade at least as high as the depth number specified
in feet on the community's FIRM plus two feet (at least three
feet if no depth number is specified); or
(b)
Together with attendant utility and sanitary facilities, be completely floodproofed to that level to meet the floodproofing standard specified in § 103-18B(1)(b).
(3)
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 Local Administrator that certifies the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions of § 103-18B(1)(b), including the specific elevation (in relation to mean sea level) to which the structure is to be floodproofed.
(4)
Within Zones AH and AO, adequate drainage paths are required to guide
floodwaters around and away from proposed structures on slopes.
(5)
Within Zone A, when no base flood elevation data are available, the
lowest floor (including basement) shall be elevated at least three
feet above the highest adjacent grade.
C.
Manufactured homes and recreational vehicles. The following standards in addition to the standards in § 103-16, General standards, and § 103-17, Standards for all structures 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.
(1)
(2)
A manufactured home that is placed or substantially improved in Zones
A1-A30, AE and AH shall be elevated on a permanent foundation such
that the bottom of the frame of the manufactured home chassis is elevated
to or above two feet above the base flood elevation and is securely
anchored to an adequately anchored foundation system to resist flotation,
collapse and lateral movement.
(3)
Within Zone A, when no base flood elevation data are available, new
and substantially improved manufactured homes shall be elevated such
that the bottom of the frame of 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 grade and
are securely anchored to an adequately anchored foundation system
to resist flotation, collapse or lateral movement.
D.
Accessory structures, including detached garages. The following standards apply to new and substantially improved accessory structures, including detached garages, in the areas of special flood hazard shown on the Flood Insurance Rate Map designated in § 103-6.
(1)
Within Zones A1-A30, AE, AO, AH, A, accessory structures must meet the standards of § 103-17A, Anchoring;
(2)
Within Zones A1-A30, AE and AH, and also Zone A if base flood elevation
data are available, areas below two feet above the base flood elevation
shall be constructed using methods and practices that minimize flood
damage.
(3)
Within Zones AO and Zone A, if base flood elevation data are not
available, areas below three feet above the highest adjacent grade
shall be constructed using methods and practices that minimize flood
damage.
(4)
Structures must be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters in accordance with § 103-17B(3).
A.
The Zoning Board of Appeals as established by the Town of Wales shall
hear and decide appeals and requests for variances from the requirements
of this chapter.
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 Local Administrator in the enforcement or administration
of this chapter.
C.
Those aggrieved by the decision of the Zoning Board of Appeals may
appeal such decision to the Supreme Court pursuant to Article 78 of
the Civil Practice Law and Rules.
D.
In passing upon such applications, the Zoning Board of Appeals, shall
consider all technical evaluations, all relevant factors, standards
specified in other sections of this chapter 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 to 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
conducting search and rescue operations during periods of flooding;
(11)
The expected heights, velocity, duration, rate of rise and sediment
transport of the floodwaters and the effects of wave action, if applicable,
expected at the site; and
(12)
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.
E.
Upon consideration of the factors of § 103-19D and the purposes of this chapter, the Zoning Board of Appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
F.
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.
A.
Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing § 103-19D(1) through (12) have been fully considered. As the lot size increases beyond the one-half 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 for 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 in 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:
