A. 
To protect human life and health;
B. 
To minimize public and private property damage;
C. 
To minimize public expenditure for costly flood control projects;
D. 
To minimize the need for rescue and relief efforts at public expense;
E. 
To minimize prolonged interruption of business and governmental services;
F. 
To put potential home buyer or property owner on notice that the property is in a flood area;
G. 
To protect the public and private water supply from contamination.
A. 
Special flood hazard areas are hereby established to accomplish the purposes of this section. The special flood areas identified by the Federal Insurance Administration[1] in an engineering report entitled, "The Flood Hazard Boundary Map for the Village of Wampsville," amended, with accompanying Flood Insurance Rate maps and Flood Boundary and Floodway Maps (reference only maps provided by Flood Insurance Administration - FIA) are hereby adopted by reference and declared to be a part of this chapter. The boundaries of the special flood hazard areas are delineated on the zoning map if the scale of the map permits such delineation, otherwise such boundaries are on the accompanying maps of the flood insurance study, which, with the engineering report, are on file at the Village Clerk's office and are readily available during normal business hours.
[1]
Editor's Note: See now the Federal Insurance and Mitigation Administration.
B. 
This chapter does not imply that land outside of the special flood hazard areas or uses permitted within such areas will be free from flooding or flood damage.
C. 
The provisions of Article IV shall take precedence over any other zoning article, ordinance, and code to the extent that these provisions are inconsistent with other provisions.
A. 
The following uses which have low flood damage potential and which do not obstruct flood-flows may be permitted within special flood hazard areas to the extent that these uses do not constitute development within the floodplain and are not otherwise prohibited by any other ordinance.
(1) 
Agricultural uses such as pasture or grazing as long as they do not require development within the floodplain.
(2) 
Private and public recreational areas such as swimming areas, open space, wildlife or natural preserves, hunting and fishing areas, hiking, and horseback trails as long as they do not require development within the floodplain.
B. 
No uses shall diminish or constrict the capacity of the channel or floodway of any watercourse, or any tributary to the mainstream, or any other watercourse, drainage ditch, or any other drainage facility or system to discharge the waters from the base flood.
All uses within the special flood hazard areas, other than those specified in § 350-25, Permitted uses, are allowed only after issuance of a special permit by the Village Zoning Board of Appeals/Planning Board as provided in § 350-66 of this chapter. Special permit uses allowed shall be determined by the nature and location of the applicant's proposed use. The nature and location of the applicant's proposed use should determine special permit uses allowed. Therefore:
A. 
The applicant shall submit a site plan as specified in § 350-65.
B. 
The Code Enforcement Officer shall determine whether the proposed special permit use is located within special flood hazard areas. Such determination shall be made from the Flood Insurance Maps (FIRM) and/or Flood Boundary and Floodway Maps (reference only maps provided by Federal Insurance Administration - FIA).[1]
[1]
Editor's Note: See now the Federal Insurance and Mitigation Administration.
C. 
If it is determined that the proposed use is within areas of special flood hazard but not within the floodway, the provisions of § 350-27, Special flood hazard areas, of this chapter, shall apply.
D. 
If it is determined that the proposed use is located within a floodway, the provisions of § 350-28, Floodway, of this chapter shall apply.
A. 
All development uses within special flood hazard areas as identified on the Flood Boundary and Floodway Maps (reference only maps provided by Federal Insurance Administration - FIA).[1] Those uses permitted by right in § 350-25 are allowed only as special permit uses in compliance with the following standards:
(1) 
New construction or substantial improvement of any residential structures shall have the lowest floor, including basement, elevated to, or above, the base flood elevation at that point.
(2) 
New construction or substantial improvement of any commercial, industrial or other nonresidential structures shall either have the lowest floor, including the basement, elevated to, or above, the base flood level, or together with attendant utility and sanitary facilities, be flood-proofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. The design of flood-proofed structures may include the following measures or techniques as appropriate:
(a) 
Anchorage to resist flotation and lateral movement.
(b) 
Reinforcement of walls to resist water pressures.
(c) 
Installment of watertight doors, bulkheads, and shutters.
(d) 
Use of paints, membranes, or mortars to reduce seepage of water through walls.
(e) 
Addition of mass or weight to resist flotation.
(f) 
Installation of pumps to lower water levels in structures.
(g) 
Pumping facilities to relieve hydrostatic water pressure on external walls and basement floors.
(h) 
Elimination of gravity flow drains.
(i) 
Construction to resist ruptures or collapse caused by water pressure or floating debris.
(3) 
Mobile homes shall be anchored to resist flotation, collapse or lateral movement by providing over-the-top and frame ties to ground anchors. Specifically:
(a) 
Over-the-top ties shall be provided at each of the four corners of the mobile home with two additional ties per side at intermediate locations, except that a mobile home less than 50 feet in length requires only one additional tie per side;
(b) 
Frame ties shall be provided at each corner of the mobile home with five additional ties per side at intermediate points, except that a mobile home less than 50 feet long need have only four additional ties per side;
(c) 
All components of the anchoring system shall be capable of carrying a force of 4,800 pounds; and
(d) 
Any additions to the mobile home shall be similarly anchored.
(4) 
New mobile home parks and subdivisions, expansion, substantial repair, reconstruction or improvements to existing mobile homes not placed in a mobile home park or subdivisions shall comply as follows:
(a) 
Stands and lots shall be elevated on compacted fill or on pilings so that the lowest floor of the mobile home will be at, or above, the base flood elevations.
(b) 
Adequate surface drainage and access for a hauler shall be provided.
(c) 
When elevated on piers or pilings, lots shall be large enough to permits steps; pier foundations shall be placed in stable soil no more than 10 feet apart, and reinforcement shall be provided for piers more than six feet above ground level.
[1]
Editor's Note: See now the Federal Insurance and Mitigation Administration.
All development or uses within the floodway as designated on the Flood Boundary and Floodway Maps except those uses permitted by right in § 350-25 are allowed only as special permit uses in compliance with the following standards:
A. 
Encroachment including fill, new construction, substantial improvements and other developments shall be prohibited within the floodway if such an encroachment would result in an increase in flood levels during the occurrence of the base flood discharge.
B. 
If Subsection A of this section is satisfied, all new construction and substantial improvements of nonresidential structures allowed in the floodway shall meet the standards of Subsections E and F of this section.
C. 
Any new construction and substantial improvements of residential structures satisfying the requirement of Subsection A of this section shall meet the standards of Subsections E and F of this section.
D. 
No mobile home shall be placed in the floodway.
E. 
All new construction or substantial improvements of buildings and other structures, including new or replaced utility and sanitary facilities, shall include the following measures as appropriate:
(1) 
Anchored to prevent flotation, collapse or lateral movement of the structure.
(2) 
Constructed with materials and utility equipment resistant to flood damage.
(3) 
Constructed by methods and practices that minimize flood damage.
(4) 
Public utilities and facilities such as sewer gas, electrical and water systems designed to minimize flood damage.
(5) 
Adequate drainage provided to reduce exposure to flood damage.
(6) 
New and replacement water supply systems designed to minimize or eliminate the infiltration of floodwaters into the system (design of above-water supply, sanitary sewage, and on-site waste disposal systems shall be in compliance with the State Sanitary Code [NYCRR Title 10, Chapter I] and, where applicable, with county health or sanitary codes).
(7) 
New and replacement sanitary sewage systems designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the system into floodwaters (design of above water supply, sanitary sewage, and on-site waste disposal systems shall be in compliance with the State Sanitary Code [NYCRR Title 10, Chapter I] and, where applicable, with county health or sanitary codes).