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 § 146-6. When the proposed development is located in multiple flood zones or in an area where the base flood elevation changes, the flood-protection requirements shall be based on the flood zone or base flood elevation that results in the most stringent requirements.
A.
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 so as 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 no
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 necessary data, analyses, and mapping
and reimbursing the Village of Horseheads 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.
B.
Encroachments.
(1)
Within Zones A1-A30 and AE, on streams without a regulatory floodway,
no new construction, substantial improvements or other development
that constitutes an encroachment (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 Village of Horseheads 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 Village of Horseheads for all fees
and other costs in relation to the application. The applicant must
also provide all data, analyses and mapping and reimburse the Village
of Horseheads 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 § 146-6, no new construction, substantial improvements or other development that constitutes an encroachment 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 Village of Horseheads 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 Village of Horseheads
for all fees and other costs in relation to the application. The applicant
must also provide all data, analyses and mapping and reimburse the
Village of Horseheads 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 Village of Horseheads 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.
(4)
Within Zone A in riverine areas, all permit applications for new
construction, substantial improvements or other development that constitutes
an encroachment (including fill) shall be reviewed as set forth in
§ 146-14A(e), permit application review, to determine the
effects of the encroachment on the flood-carrying capacity of the
stream. The Local Administrator may require submission of additional
technical analysis and data necessary to complete the determination.
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 § 146-6. Any alteration, repair, reconstruction, addition, or improvements to a structure that was built or substantially improved after the adoption of floodplain management regulations shall meet the requirements for new construction. Any alteration, repair, reconstruction, addition, or improvements to an existing structure that constitutes substantial improvements shall require that the entire structure comply with the requirements for substantially improved structures. Any alteration, repair, reconstruction, or improvements to an existing structure that does not constitute new construction or a substantial improvement, shall be elevated and/or floodproofed to the greatest extent practical.
A.
Anchoring. New structures and substantial improvement to structures
in areas of special flood hazard, together with equipment servicing
those structures, 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)
Openings.
(a)
For enclosed areas below the lowest floor of a structure within
Zone A1-A30, AE, AO, AH or A, new and substantially improved structures
may have fully enclosed areas, including crawl spaces or attached
garages, 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. 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 on different sides of each enclosed
area 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 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 without intervention and that any resulting obstruction
to flow be accounted for when determining the net area of the openings.
Openings may be installed in doors or windows; however, doors and
windows without installed openings do not meet the requirements of
this section. 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, hot-water heaters, and other service equipment
(including ductwork) 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. The Local Administrator may
require certification of utility floodproofing from a licensed professional
engineer or architect;
(2)
New and replacement water supply systems shall be designed and constructed
to minimize or eliminate infiltration of floodwaters into the system;
(3)
New and replacement sanitary sewage systems shall be designed and
constructed to minimize or eliminate infiltration of floodwaters into
the systems and discharges from the systems into 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.
D.
Storage tanks.
(1)
Underground tanks shall be anchored to prevent flotation, collapse
and lateral movement during conditions of the base flood. Fill caps
and fittings below the base flood elevation must be tested to be liquid
tight. Tank vent openings must be two or more feet above the base
flood elevation or three or more feet above grade when no base flood
elevation data are available.
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 § 146-15A, Subdivision and development proposals, § 146-15B, Encroachments, and § 146-16, 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 top of 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 top of 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 top of 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 § 146-6 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.
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 § 146-15A, Subdivision and development proposals, and § 146-15B, Encroachments, and § 146-16, Standards for all structures.
A.
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:
(1)
Have the top of the lowest floor, including basement or cellar, elevated
to or above two feet above the base flood elevation; or
(2)
Be dry 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.
B.
Within Zone AO, new construction and substantial improvements of
nonresidential structures shall:
(1)
Have the top of 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
(2)
Together with attendant utility and sanitary facilities, be completely
floodproofed to that level to meet the floodproofing standard specified
in § 146-18A(6).
C.
If the structure is to be dry 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
§ 146-18A(b), including the specific elevation (in relation
to mean sea level) to which the structure is to be floodproofed.
D.
Within Zones AH and AO, adequate drainage paths are required to guide
floodwaters around and away from proposed structures on slopes.
E.
Within Zone A, when no base flood elevation data are available, the
top of the lowest floor (including basement) shall be elevated at
least three feet above the highest adjacent grade.
The following standards in addition to the standards in § 146-15, General standards, and § 146-16, 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.
A.
Recreational vehicles placed on sites within Zones A1-A30, AE, AO, AH, and A 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 § 146-19B, C and D. 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.
B.
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.
C.
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 the highest
adjacent grade and are securely anchored to an adequately anchored
foundation system to resist flotation, collapse or lateral movement.
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 § 146-6.
A.
Within Zones A1-A30, AE, AO, AH, A, accessory structures must meet the standards of § 146-15A, Anchoring.
B.
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.
C.
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.
D.
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 § 146-16B(3).
