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 § 115-6.
A.
Coastal high hazard areas and Coastal A Zones. The following requirements apply within Zones V1-V30, VE and V:
(1)
All new construction, including manufactured homes and recreational vehicles on site 180 days or longer and not fully licensed for highway use, shall be located landward of the reach of high tide.
(2)
The use of fill for structural support of buildings, manufactured homes or recreational vehicles on site 180 days or longer is prohibited.
(3)
Man-made alteration of sand dunes which would increase potential flood damage is prohibited.
B.
Subdivision and development 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)
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 to minimize flood damage.
(3)
Adequate drainage shall be provided to reduce exposure to flood damage.
(4)
Proposed development shall not result in physical damage to any other property (e.g., stream bank erosion or increased flood velocities). If requested by the local administrator, the applicant shall provide a technical analysis, by a licensed professional engineer, demonstrating that this condition has been met.
(5)
Proposed development shall be designed, located, and constructed so as to offer the minimum resistance to the flow of water and shall be designed to have a minimum effect upon the height of floodwater.
(6)
Any equipment or materials located in a special flood hazard area shall be elevated, anchored, and floodproofed as necessary to prevent flotation, flood damage, and the release of hazardous substances.
(7)
No alteration or relocation of a watercourse shall be permitted unless:
(a)
A technical evaluation by a licensed professional engineer demonstrates that the altered or relocated segment will provide conveyance equal to or greater than that of the original stream segment and will not result in physical damage to any other property;
(b)
If warranted, a conditional revision of the Flood Insurance Rate Map is obtained from the Federal Emergency Management Agency, with the applicant providing the necessary data, analyses, and mapping and reimbursing the Town of Hamburg for all fees and other costs in relation to the application; and
(c)
The applicant provides assurance that maintenance will be provided so that the flood-carrying capacity of the altered or relocated portion of the watercourse will not be diminished.
C.
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 Hamburg 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 Hamburg 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 Hamburg 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 § 115-6, 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 Hamburg 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 Hamburg 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 Hamburg for all costs related to the final map revisions.
(3)
In a special flood hazard area (SFHA), if any development is found to increase or decrease base flood elevations, the Town of Hamburg 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.