The Building Inspector is hereby appointed Local Administrator
to administer and implement this chapter by granting or denying floodplain
development permits in accordance with its provisions.
A.
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 § 117-6 (Basis for establishing areas of special flood hazard), 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.
B.
Fees. All applications for a floodplain development permit shall
be accompanied by an application fee to be established from time to
time by the Town Board. In addition, the applicant shall be responsible
for reimbursing the Town of Greece 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.
The applicant shall provide the following information as appropriate.
Additional information may be required on the permit application form.
A.
The proposed elevation, in relation to mean sea level, of the top
of the lowest floor (including basement or cellar) of any new or substantially
improved structure to be located in a Special Flood Hazard Area (SFHA).
Upon completion of the lowest floor, the permittee shall submit to
the Local Administrator the as-built elevation, certified by a licensed
professional engineer or surveyor.
B.
The proposed elevation, in relation to mean sea level, of the bottom
of the lowest structural member of the lowest floor (excluding pilings
and columns) of any new or substantially improved structure to be
located in Zones V1-V30, VE, Coastal A, or Zone V if base flood elevation
data are available. Upon completion of the lowest floor, the permittee
shall submit to the Local Administrator the as-built elevation, certified
by a licensed professional engineer or surveyor.
C.
The proposed elevation, in relation to mean sea level, to which any
new or substantially improved nonresidential structure will be floodproofed.
Upon completion of the floodproofed portion of the structure, the
permittee shall submit to the Local Administrator the as-built floodproofed
elevation, certified by a professional engineer or surveyor.
D.
A certificate from a licensed professional engineer or architect that any utility floodproofing will meet the criteria in § 117-16C (Utilities),
E.
A certificate from a licensed professional engineer or architect that any nonresidential floodproofed structure will meet the floodproofing criteria in § 117-19 (Nonresidential structures, except coastal high hazard areas and coastal A zones).
F.
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 § 117-6 (Basis for establishing areas of special flood hazard), 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.
G.
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.
H.
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.
I.
In Zones V1-V30, VE, V, and Coastal A if base flood elevations are
available, designs and specifications, certified by a licensed professional
engineer or architect, for any breakaway walls in a proposed structure
with design strengths in excess of 20 pounds per square foot.
J.
In Zones V1-V30, VE, V, and Coastal A if base flood elevations are
available, for all new and substantial improvements to structures,
floodplain development permit applications shall be accompanied by
design plans and specifications, prepared in sufficient detail to
enable independent review of the foundation support and connection
components. Said plans and specifications shall be developed or reviewed
by a licensed professional engineer or architect, and shall be accompanied
by a statement, bearing the signature of the architect or engineer,
certifying that the design and methods of construction to be used
are in accordance with accepted standards of practice and with all
applicable provisions of this chapter.
Duties of the Local Administrator shall include, but not be
limited to the following.
A.
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 § 117-13 (Application for permit), Application for 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 Article V (Construction Standards), and, in particular, § 117-15B (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.
(4)
If the proposed development may result in physical damage to any other property or fails to meet the requirements of Article V (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.
(5)
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 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 § 117-13H as criteria for requiring that new construction, substantial improvements or other proposed development meet the requirements of this law.
(2)
When an area of special flood hazard, base flood elevations, and/or floodway data is available from a federal, state or other authoritative source, but differ from the data in the documents enumerated in § 117-6 (Basis for establishing areas of special flood hazard), the Local Administrator may reasonably utilize the other flood information to enforce more restrictive development standards.
(3)
All streams and water bodies have potential floodplains during periods
of extreme runoff. FEMA has mapped some of the Town's water bodies,
but others remained unmapped by FEMA. In addition to those water bodies
mapped by FEMA, the following data shall be utilized.
(a)
The Town of Greece Flood Zone pursuant to § 117-6A(5), which boundaries are based off the following report/studies:
[1]
"Floodplain Information, Flood Hazard Report for Greece, New
York," prepared by the U.S. Army Engineer District, Buffalo for Town
of Greece, New York, July 1975.
[2]
"Special Flood Hazard Evaluation Report, Buttonwood Creek and
West Branch Round Pond Creek, Town of Greece, Monroe County, New York,"
prepared by the U.S. Army Corp of Engineers, Buffalo District, March
1993.
(4)
Unstudied stream segments and tributaries are also assumed to have unidentified floodplain limits requiring analysis of definition of the actual floodplain limits. Included are numbered streams/waterbodies, as defined in § 117-4.
(5)
When base flood elevation data is 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 chapter.
(6)
Floodplain analysis for stream segments without regulatory (FEMA)
floodways shall develop floodways by use of encroachment analysis.
C.
Alteration of water courses.
(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, AH, and 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)
In Zones V1-V30, VE, V, and Coastal A if base flood elevation data
are available, upon placement of the lowest floor of a new or substantially
improved structure, the permit holder shall submit to the Local Administrator
a certificate of elevation, in relation to mean sea level, of the
bottom of the lowest structural member of the lowest floor (excluding
pilings and columns). 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. An elevation certificate must also be submitted
for a recreational vehicle if it remains on a site 180 consecutive
days or longer (unless it is fully licensed and ready for highway
use).
(3)
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 § 117-9 (Penalties for offenses) of this chapter.
(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 § 117-9 (Penalties for offenses) of this chapter.
G.
Certificate of compliance.
(1)
In areas of special flood hazard, as determined by documents enumerated in § 117-6 (Basis for establishing areas of special flood hazard), 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 § 117-14D(1) and (2), and whether the structures contain a basement;
