[Amended 5-28-2019 by L.L. No. 2-2019]
1.1
FINDINGS
The Common Council of the City of Buffalo finds that the potential
and/or actual damages from flooding and erosion may be a problem to
the residents of the City of Buffalo 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
local law is adopted.
1.2
STATEMENT OF PURPOSE
It is the purpose of this local law 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 flood waters;
(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 flood waters or which may increase flood hazards to other lands,
and;
(6)
qualify and maintain for participation in the National Flood Insurance
Program.
1.3
OBJECTIVES
The objectives of this local law 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.
[Amended 7-20-2004, effective 8-2-2004; 5-28-2019 by L.L. No. 2-2019]
Unless specifically defined below, words or phrases used in
this local law shall be interpreted so as to give them the meaning
they have in common usage and to give this local law its most reasonable
application.
"Accessory Structure" is a structure used solely for parking
(two-car detached garages or smaller) or limited storage, represent
a minimal investment of not more than 10 percent of the value of the
primary structure, and may not be used for human habitation.
"Appeal" means a request for a review of the Local Administrator's
interpretation of any provision of this Local Law or a request for
a variance.
"Area of shallow flooding" means a designated AO, AH or VO Zone
on a community's Flood Insurance Rate Map (FIRM) with a one percent
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.
"Area of special flood hazard" is the land in the floodplain
within a community subject to a one percent 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 Local Law, the term "special flood hazard area (SFHA)" is synonymous
in meaning with the phrase "area of special flood hazard."
"Base flood" means the flood having a one percent chance of
being equaled or exceeded in any given year.
"Basement" means that portion of a building having its floor
subgrade (below ground level) on all sides.
"Building" see "Structure".
"Cellar" has the same meaning as "Basement".
"Crawl Space" means an enclosed area beneath the lowest elevated
floor, eighteen 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.
"Development" means 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.
"Elevated building" means a non-basement building (i) 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 (ii) 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 flood waters. 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.
"Federal Emergency Management Agency" means the Federal agency
that administers the National Flood Insurance Program.
"Flood" or "Flooding" means a general and temporary condition
of partial or complete inundation of normally dry land areas from:
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(1)
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the overflow of inland or tidal waters;
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(2)
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the unusual and rapid accumulation or runoff of surface waters
from any source.
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"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 (1) above.
"Flood Boundary and Floodway Map (FBFM)" means 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.
"Flood Elevation Study" means 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.
"Flood Hazard Boundary Map (FHBM)" means 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.
"Flood Insurance Rate Map (FIRM)" means 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.
"Flood Insurance Study" see "flood elevation study".
"Floodplain" or "Flood-prone area" means any land area susceptible
to being inundated by water from any source (see definition of "Flooding").
"Floodproofing" means any combination of structural and non-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.
"Floodway" - has the same meaning as "Regulatory Floodway".
"Functionally dependent use" means 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.
"Highest adjacent grade" means the highest natural elevation
of the ground surface, prior to construction, next to the proposed
walls of a structure.
"Historic structure" means any structure that is:
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(1)
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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;
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(2)
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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;
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(3)
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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
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(4)
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individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
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(i)
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by an approved state program as determined by the Secretary
of the Interior or
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(ii)
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directly by the Secretary of the Interior in states without
approved programs.
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"Local Administrator" is the person appointed by the community
to administer and implement this local law 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" means 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 non-elevation
design requirements of this Local Law.
"Manufactured home" means 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."
"Manufactured home park or subdivision" means a parcel (or contiguous
parcels) of land divided into two or more manufactured home lots for
rent or sale.
"Mean sea level" means, 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.
"Mobile home" - has the same meaning as "Manufactured home".
"New construction" means 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.
"One hundred year flood" or "100-year flood" has the same meaning
as "Base Flood".
"Principally above ground" means that at least 51 percent of
the actual cash value of the structure, excluding land value, is above
ground.
"Recreational vehicle" means a vehicle which is:
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(1)
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built on a single chassis;
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(2)
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400 square feet or less when measured at the largest horizontal
projections;
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(3)
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designed to be self-propelled or permanently towable by a light
duty truck; and
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(4)
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not designed primarily for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel, or seasonal
use.
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"Regulatory Floodway" means 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.
"Start of construction" means 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.
"Structure" means a walled and roofed building, including a
gas or liquid storage tank that is principally above ground, as well
as a manufactured home.
"Substantial damage" means 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 percent of the market value
of the structure before the damage occurred.
"Substantial improvement" means any reconstruction, rehabilitation,
addition, or other improvement of a structure, the cost of which equals
or exceeds 50 percent 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:
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(1)
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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
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(2)
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any alteration of a "Historic structure", provided that the
alteration will not preclude the structure's continued designation
as a "Historic structure".
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"Variance" means a grant of relief from the requirements of
this local law which permits construction or use in a manner that
would otherwise be prohibited by this local law.
"Violation" means the failure of a structure or other development
to be fully compliant with the community's flood plain management
regulations.
[Amended 9-2-2008 by L.L. No. 7-2008, effective 9-22-2008; 5-28-2019 by L.L. No. 2-2019]
3.1
Lands to Which This Local Law Applies
This local law shall apply to all areas of special flood hazard
within the jurisdiction of the City of Buffalo Erie County.
3.2
Basis for Establishing the Areas of Special Flood Hazard
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:
36029C0183H, 36029C0184H, 36029C0191H, 36029C0192H, 36029C0194H,
36029C0205H, 36029C0208H, 36029C0211H, 36029C0212H, 36029C0213H, 36029C0214H,
36029C0216H, 36029C0218H, 36029C0307H, 36029C0326H, 36029C0327H, 36029C0328H,
36029C0329H, 36029C0331H, 36029C0333H
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.
The above documents are hereby adopted and declared to be a
part of this Local Law. The Flood Insurance Study and/or maps are
on file at: The Department of Public Works, Parks and Streets, Division
of Engineering, 65 Niagara Square, Room 605, Buffalo, New York.
3.3
Interpretation and Conflict with Other Laws
This Local Law 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.
In their interpretation and application, the provisions of this
local law shall be held to be minimum requirements, adopted for the
promotion of the public health, safety, and welfare. Whenever the
requirements of this local law 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.
3.4
Severability
The invalidity of any section or provision of this local law
shall not invalidate any other section or provision thereof.
3.5
PENALTIES FOR NON-COMPLIANCE
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 local law and any other applicable regulations. Any infraction
of the provisions of this local law 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 local law 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 City of Buffalo from taking
such other lawful action as necessary to prevent or remedy an infraction.
Any structure found not compliant with the requirements of this local
law for which the developer and/or owner has not applied for and received
an approved variance under Section 6.0 will be declared non-compliant
and notification sent to the Federal Emergency Management Agency.
3.6
Warning And Disclaimer Of Liability
The degree of flood protection required by this local law 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 local law 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 local law shall not create
liability on the part of the City of Buffalo, any officer or employee
thereof, or the Federal Emergency Management Agency, for any flood
damages that result from reliance on this local law or any administrative
decision lawfully made thereunder.
[Amended 5-28-2019 by L.L. No. 2-2019]
4.1
Designation of the Local Administrator
The Commissioner of Public Works Parks and Streets, is hereby
appointed Local Administrator to administer and implement this local
law by granting or denying floodplain development permits in accordance
with its provisions.
4.2
The Floodplain Development Permit
4.2-1
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 Flood Insurance Rate Map enumerated
in Section 3.2, 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.
4.2-2
Fees
All applications for a floodplain development permit shall be
accompanied by an application fee of $250.00. In addition, the applicant
shall be responsible for reimbursing the City of Buffalo for any additional
costs necessary for review, inspection and approval of this project.
The Local Administrator may require a deposit of no more than $500.00
to cover these additional costs.
4.3
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
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 non-residential 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 Section 5.2-3,
UTILITIES.
(4)
A certificate from a licensed professional engineer or architect
that any non-residential floodproofed structure will meet the floodproofing
criteria in Section 5.4, NON-RESIDENTIAL 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 Section
3.2, 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 5
acres.
4.4
Duties and Responsibilities of
the Local Administrator
Duties of the Local Administrator shall include, but not be
limited to the following.
4.4-1
Permit Application Review
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 subsection 4.3, 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
Section 5.0, CONSTRUCTION STANDARDS and, in particular, sub-section
5.1-1 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.
If the proposed development may result in physical damage to
any other property or fails to meet the requirements of Section 5.0,
CONSTRUCTION STANDARDS, 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.
4.4-2
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 paragraph 4.3(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 Section 3.2, the Local Administrator may reasonably utilize the
other flood information to enforce more restrictive development standards.
4.4-3
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.
4.4-4
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.
4.4-5
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.
4.4-6
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 Section 3.5 of this local
law.
(2)
The Local Administrator shall issue, or cause to be issued,
a stop work order for any floodplain development found non-compliant
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 Section 3.5 of this local law.
4.4-7
Certificate of Compliance
(1)
In areas of special flood hazard, as determined by documents
enumerated in Section 3.2, 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 local law.
(2)
A certificate of compliance shall be issued by the Local Administrator
upon satisfactory completion of all development in areas of special
flood hazard.
(3)
Issuance of the certificate shall be based upon the inspections
conducted as prescribed in Section 4.4-5, INSPECTIONS, and/or any
certified elevations, hydraulic data, floodproofing, anchoring requirements
or encroachment analyses which may have been required as a condition
of the approved permit.
4.4-8
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 sub-sections 4.4-4(1) and 4.4-4(2), and whether
or not the structures contain a basement;
(3)
Floodproofing certificates required pursuant to sub-section
4.4-4(1), and whether the structures contain a basement;
(4)
Variances issued pursuant to Section 6.0, VARIANCE PROCEDURES;
and,
(5)
Notices required under sub-section 4.4-3, ALTERATION OF WATERCOURSES.
[Amended 5-28-2019 by L.L. No. 2-2019]
5.1
General Standards
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 Section
3.2.
5.1-1
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):
5.1-2
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:
(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 City of Buffalo 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 City of Buffalo for all fees and other
costs in relation to the application. The applicant must also provide
all data, analyses and mapping and reimburse the City of Buffalo 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 Section 3.2, no new construction, substantial improvements or other
development in the floodway (including fill) shall be permitted unless:
(i)
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,
(ii)
the City of Buffalo 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 City of Buffalo for
all fees and other costs in relation to the application. The applicant
must also provide all data, analyses and mapping and reimburse the
City of Buffalo 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 City of Buffalo 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.
5.2
Standards for all Structures
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 Section
3.2.
5.2-1
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.
5.2-2
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 flood waters. Designs for meeting
this requirement must either be certified by a licensed professional
engineer or architect or meet or exceed the following minimum criteria:
(i)
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;
(ii)
the bottom of all such openings no higher than one foot above
the lowest adjacent finished grade and;
(iii)
openings not less than three inches in any direction.
|
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 sub-grade on all sides are considered
basements and are not permitted.
|
5.2-3
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 flood waters into the system;
(3)
New and replacement sanitary sewage systems shall be designed
to minimize or eliminate infiltration of flood waters. 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.
5.3
RESIDENTIAL STRUCTURES
5.3-1
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 sub-sections 5.1-1, SUBDIVISION PROPOSALS,
and 5.1-2, ENCROACHMENTS, and Section 5.2, 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 Section 3.2 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 flood waters around and away from proposed structures on
slopes.
5.4
Non-Residential Structures
The following standards apply to new and substantially improved
commercial, industrial and other non-residential structures located
in areas of special flood hazard, in addition to the requirements
in sub-sections 5.1-1, SUBDIVISION PROPOSALS, and 5.1-2, ENCROACHMENTS,
and Section 5.2, 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 non-residential structure shall either:
(i)
have the lowest floor, including basement or cellar, elevated
to or above two feet above the base flood elevation; or
(ii)
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
non-residential structures shall:
(i)
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
(ii)
together with attendant utility and sanitary facilities, be
completely floodproofed to that level to meet the floodproofing standard
specified in subsection 5.4(1)(ii)
(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 Section 5.4(1)(ii), 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
flood waters 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.
5.5
Manufactured. Homes
and Recreational Vehicles
The following standards in addition to the standards in Section
5.1, GENERAL STANDARDS, and Section 5.2, 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)
Recreational vehicles placed on sites within Zones A1-A30, AE and
AH shall either:
(i)
be on site fewer than 180 consecutive days,
(ii)
be fully licensed and ready for highway use, or
(iii)
meet the requirements for manufactured homes in paragraphs 5.5(2),
(3) and (4).
|
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.
|
(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.
(4)
Within Zone AO, the bottom of the frame of the manufactured home
chassis shall be elevated above the highest adjacent grade at least
as high as the depth number specified on the Flood Insurance Rate
Map enumerated in Section 3.2 plus two feet (at least three feet if
no depth number is specified).
5.6
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 Section 3.2.
(1)
Within Zones A1-A30, AE, AO, AH, A, accessory structures must meet
the standards of Section 5.2-1, 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 flood waters in accordance with Section 5.2-2(3).
(5)
Utilities must meet the requirements of Section 5.2-3, UTILITIES.
[Amended 5-28-2019 by L.L. No. 2-2019]
6.1
Appeals Board
(1)
The Flood Hazard Review Board as established by the City of Buffalo
shall hear and decide appeals and requests for variances from the
requirements of this local law.
(2)
The Flood Hazard Review Board 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 local law.
(3)
Those aggrieved by the decision of the Flood Hazard Review Board
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 Flood Hazard Review Board,
shall consider all technical evaluations, all relevant factors, standards
specified in other sections of this local law and:
(i)
the danger that materials may be swept onto other lands to the
injury of others;
(ii)
the danger to life and property due to flooding or erosion damage;
(iii)
the susceptibility of the proposed facility and its contents
to flood damage and the effect of such damage on the individual owner;
(iv)
the importance of the services provided by the proposed facility
to the community;
(v)
the necessity to the facility of a waterfront location, where
applicable;
(vi)
the availability of alternative locations for the proposed use
which are not subject to flooding or erosion damage;
(vii)
the compatibility of the proposed use with existing and anticipated
development;
(viii)
the relationship of the proposed use to the
comprehensive plan and floodplain management program of that area;
(ix)
the safety of access to the property in times of flood for ordinary
and emergency vehicles;
(x)
the costs to local governments and the dangers associated with
conducting search and rescue operations during periods of flooding;
(xi)
the expected heights, velocity, duration, rate of rise and sediment
transport of the flood waters and the effects of wave action, if applicable,
expected at the site; and
(xii)
the costs of providing governmental services during and after
flood conditions, including search and rescue operations, maintenance
and repair of public utilities and facilities such as sewer, gas,
electrical, and water systems and streets and bridges.
(5)
Upon consideration of the factors of Section 6.1(4) and the purposes
of this local law, the Flood Hazard Review Board may attach such conditions
to the granting of variances as it deems necessary to further the
purposes of this local law.
(6)
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.
6.2
Conditions for Variances
(1)
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 items (i-xii) in Section 6.1(4)
have been fully considered. As the lot size increases beyond the one-half
acre, the technical justification required for issuing the variance
increases.
(2)
Variances may be issued for the repair or rehabilitation of historic
structures upon determination that:
(3)
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:
(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:
(i)
a showing of good and sufficient cause;
(ii)
a determination that failure to grant the variance would result
in exceptional hardship to the applicant; and
(iii)
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 a community official that:
(i)
the issuance of a variance to construct a structure below the
base flood level will result in increased premium rates for flood
insurance up to amounts as high as $25 for $100 of insurance coverage;
and
(ii)
such construction below the base flood level increases risks
to life and property.
|
Such notification shall be maintained with the record of all
variance actions as required in Section 4.4-8 of this Local Law.
|
[Added 7-24-2018 by L.L. No. 2-2018]
A.
This Local Law is adopted pursuant to Article IX of the Constitution
of the State of New York, the Municipal Home Rule Law, and Article
42 §§ 910-923 of the Executive Law, entitled "Waterfront
Revitalization of Coastal Areas and Inland Waterways Act."
B.
The purpose of this Local Law is to assure that actions by City departments
and agencies are consistent with the City of Buffalo Local Waterfront
Revitalization Program (LWRP).
C.
This Local Law will ensure that the preservation, enhancement and
utilization of the unique coastal area of the City take place in a
coordinated and comprehensive manner, to guarantee a proper balance
between protection of natural resources and the need to accommodate
limited population growth and economic development. Accordingly, this
Local Law is intended to achieve a balance between permitting the
beneficial use of coastal resources while preventing loss and degradation
of living coastal resources and wildlife, and the diminution of open
space areas or public access to the waterfront; disruption of natural
coastal processes; impairment of scenic, cultural or historical resources;
losses due to flooding, erosion and sedimentation; impairment of water
quality; and/or permanent adverse changes to existing ecological systems.
[Added 7-24-2018 by L.L. No. 2-2018]
A.
"Actions" include all the following, except minor actions:
(1)
Projects or physical activities, such as construction or any
other activities that may affect natural, manmade or other resources
in the coastal area or the environment by changing the use, appearance
or condition of any resource or structure, that:
(2)
Agency planning and policymaking activities that may affect
the environment and commit the agency to a definite course of future
decisions;
(3)
Adoption of agency rules, regulations and procedures, including
local laws, codes, ordinances, executive orders and resolutions that
may affect coastal resources or the environment; and
(4)
Any combination of the above.
B.
"Agency" means any board, agency, department, office, other body,
or officer of the City of Buffalo, the State of New York and Buffalo
Urban Renewal Agency.
C.
"Coastal area" means that portion of New York State coastal waters
and adjacent shorelands as defined in Article 42 of the Executive
Law which is located within the boundaries of the City of Buffalo,
as shown on the coastal area map on file in the office of the Secretary
of State and as delineated in the City of Buffalo Local Waterfront
Revitalization Program (LWRP).
D.
"Coastal Assessment Form (CAF)" means the form developed by the Office
of Strategic Planning (OSP), for purposes of assisting agencies in
determining whether a proposed action is consistent with the City
of Buffalo Local Waterfront Revitalization Program (LWRP) policy standards,
conditions and objectives. A current sample of this form would be
appended to this local law.
E.
"Consistent" means that the action will fully comply with the LWRP
policy standards, conditions and objectives and, whenever practicable,
will advance one or more of them.
F.
"Direct Actions" mean actions planned and proposed for implementation
by an agency, such as, but not limited to a capital project, rule
making, procedure making and policy making.
G.
"Environment" means all conditions, circumstances and influences
surrounding and affecting the development of living organisms or other
resources in the coastal area.
H.
"Local Waterfront Revitalization Program" or "LWRP" means the Local
Waterfront Revitalization Program of the City of Buffalo, approved
by the Secretary of State pursuant to the Waterfront Revitalization
of Coastal Areas and Inland Waterways Act (Executive Law, Article
42), a copy of which is on file in the Office of the City Clerk of
the City of Buffalo.
I.
"Minor actions" include Type II actions as defined by the New York
State Environmental Quality Review Act except for the following:
(1)
Construction or expansion of a primary or accessory/appurtenant,
non-residential structure or facility involving less than 4,000 square
feet of gross floor area and not involving a change in zoning or a
use variance and consistent with local land use controls;
(2)
Routine activities of educational institutions, including expansion
of existing facilities by less than 10,000 square feet of gross floor
area;
(3)
Construction or expansion of a single-family, a two-family or
a three-family residence on an approved waterfront lot including provision
of necessary utility connections;
(4)
Construction, expansion or placement of minor accessory/appurtenant
residential structures on a waterfront lot, including garages, carports,
patios, decks, swimming pools, tennis courts, satellite dishes, fences,
barns, storage sheds or other buildings not changing land use or density;
(5)
Public or private best forest management (silvicultural) practices
on less than 10 acres of land, but not including waste disposal, land
clearing not directly related to forest management, clear-cutting
or the application of herbicides or pesticides;
(6)
Actions reguiring a certificate of environmental compatibility
and public need under articles VII, VIII or X of the Public Service
Law and the consideration of, granting or denial of any such certificate;
J.
Waterfront lots are parcels of land that are within the City of Buffalo
Coastal Area, as defined by the LWRP, and that have direct frontage
on a water body.
[Added 7-24-2018 by L.L. No. 2-2018]
A.
The Office of Strategic Planning (OSP) shall be responsible for coordinating
the City Planning Board's review of actions in the City's
coastal area for consistency with the LWRP.
B.
The Office of Strategic Planning shall be responsible for the implementation
of the LWRP, its policies and projects, including physical, legislative,
regulatory, administrative and other actions included in the program.
C.
The City Planning Board shall be responsible for determining consistency
with the LWRP.
D.
The City Planning Board may review consistency applications for actions
by state and federal agencies and provide a recommendation to the
New York State Department of State.
[Added 7-24-2018 by L.L. No. 2-2018]
A.
No action in the coastal area shall be approved, or undertaken by
a state or federal agency without first receiving from the City Planning
Board, a determination of consistency with the LWRP.
B.
A completed CAF and all related applications, including Environmental
Assessment Forms (EAF) or supporting information, shall be submitted
to the Office of Strategic Planning as early in the decision making
process as possible. OSP shall review the CAF for completeness and
refer a copy to the Planning Board within 14 days of its receipt.
C.
The Planning Board shall consider whether the proposed action is
consistent with the LWRP policy standards set forth in Section II
of the LWRP. If the proposed action requires Major Site Plan Review,
the Planning Board shall render a written determination at the same
time as its decision on Major Site Plan Review, per Section 496-11.3.7
of the City of Buffalo Unified Development Ordinance (UDO).
D.
Where a proposed project does not require Major Site Plan Review,
the Planning Board shall render a written determination within 62
days of the referral of the CAF from OSP, unless extended by mutual
agreement of the Planning Board and the applicant or in the case of
a direct action, the agency. The Planning Board's determination
shall indicate whether the proposed action is consistent with or inconsistent
with one or more of the LWRP policy standards and shall elaborate
in writing the basis for its opinion. The Planning Board shall, at
the time of its consistency determination, issue any suggestions to
the agency concerning modification of the proposed action, including
the imposition of conditions, to make the action consistent with the
policy standards of the LWRP.
E.
Where an EIS is being prepared or required, the draft Environmental
Impact Statement (EIS) must identify applicable LWRP policy standards
and include a discussion of the effects of the proposed action on
such standards.
F.
Actions to be undertaken within the coastal area shall be evaluated
for consistency in accordance with the City of Buffalo LWRP policy
standards and action strategy, a copy of which is on file in the City
Clerk's office and available for inspection during normal business
hours.
[Added 7-24-2018 by L.L. No. 2-2018]
No action within the Buffalo coastal area which is subject to
review under this Local Law shall proceed until a written determination
that the subject action is consistent with the City's LWRP policy
standards has been issued by the City's Planning Board. In the
event that an activity is being performed in violation of this law
or any conditions imposed thereunder, the Department of Permit and
Inspection Services shall immediately issue a stop work order and
all work shall immediately cease. No further work or activity shall
be undertaken on the project so long as a stop work order is in effect.
The City Department of Permit and Inspection Services shall be responsible
for enforcing this law.
[Added 7-24-2018 by L.L. No. 2-2018]
A.
Any person, contractor, corporation or entity who violates any of
the provisions of, or who fails to comply with any condition imposed
by this Local Law shall be cited for a violation punishable by a fine
not exceeding three hundred and fifty dollars ($350.00) for a conviction
of a first offense and punishable by a fine of one thousand dollars
($1,000.00) for a conviction of a second or subsequent offenses.
B.
The Corporation Counsel is authorized and directed to institute any
and all actions and proceedings necessary to prosecute violators of
this Local Law. Any civil penalty shall be in addition to and not
in lieu of any citation or fines imposed by the City.
[Added 7-24-2018 by L.L. No. 2-2018]
The provisions of this Local Law are severable. If any provision
of this local law, or in its application thereof is found invalid,
such finding shall not affect the validity of this Local Law as a
whole or any part or provision hereof other than the provision so
found to be invalid.
[Added 7-24-2018 by L.L. No. 2-2018]
This local law shall take effect within three months of its
filing in the office of the Secretary of State, in accordance with
Section 27 of the Municipal Home Rule Law.
[Added 7-24-2018 by L.L. No. 2-2018]
This Local Law is not subject to mandatory referendum because
the subject matter is not enumerated in the Municipal Home Rule Law
as a category requiring a referendum.
[Added 7-24-2018 by L.L. No. 2-2018]
IT IS HEREBY CERTIFY, pursuant to Section 3-17 of the Charter
of the City of Buffalo, that immediate passage of this Local Law is
necessary.
