[HISTORY: Adopted by the Town Board of the
Town of Poughkeepsie 4-4-2012 by L.L. No. 4-2012.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 68.
Environmental quality review — See Ch. 94.
Erosion and sediment control — See Ch. 97.
Fees — See Ch. 105.
Review fees — See Ch. 106.
Aquatic resource protection — See Ch. 116.
Stormwater management — See Ch. 173.
Subdivision of land — See Ch. 177.
Zoning — See Ch. 210.
[1]
Editor’s Note: This local law also repealed former Ch.
113, Flood Damage Prevention, adopted 7-18-1990 by L.L. No. 10-1990,
as amended.
The Town Board of the Town of Poughkeepsie finds that the potential
and/or actual damages from flooding and erosion may be a problem to
the residents of the Town of Poughkeepsie 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 chapter is adopted.
It is the purpose of this chapter 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:
A.
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;
B.
Require that uses vulnerable to floods, including facilities which
serve such uses, be protected against flood damage at the time of
initial construction;
C.
Control the alteration of natural floodplains, stream channels and
natural protective barriers which are involved in the accommodation
of floodwaters;
D.
Control filling, grading, dredging and other development which may
increase erosion or flood damages;
E.
Regulate the construction of flood barriers which will unnaturally
divert floodwaters or which may increase flood hazards to other lands;
and
F.
Qualify for and maintain participation in the National Flood Insurance
Program.
The objectives of this chapter are to:
A.
Protect human life and health;
B.
Minimize expenditure of public money for costly flood control projects;
C.
Minimize the need for rescue and relief efforts associated with flooding
and generally undertaken at the expense of the general public;
D.
Minimize prolonged business interruptions;
E.
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;
F.
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;
G.
Provide that developers are notified that property is in an area
of special flood hazard; and
H.
Ensure that those who occupy the areas of special flood hazard assume
responsibility for their actions.
Unless specifically defined below, words or phrases used in
this chapter shall be interpreted so as to give them the meanings
they have in common usage and to give this chapter its most reasonable
application.
A request for a review of the local administrator's
interpretation of any provision of this chapter or a request for a
variance.
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.
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 "one-hundred-year floodplain." For purposes of this chapter, the
term "special flood hazard area (SFHA)" is synonymous in meaning with
the phrase "area of special flood hazard."
The flood having a one-percent chance of being equaled or
exceeded in any given year.
That portion of a building having its floor subgrade (below
ground level) on all sides.
A wall that is not part of the structural support of the
building and is intended, through its design and construction, to
collapse under specific lateral loading forces without causing damage
to the elevated portion of the building or the supporting foundation
system.
See "structure."
The same meaning as "basement."
An enclosed area beneath the lowest elevated floor, 18 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.
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.
A nonbasement building:
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 V1d floor or, in the case of a building in Zones V1 — V30, 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
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 floodwaters.
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.
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets and either final site grading or the pouring
of concrete pads) is complete before the effective date of the floodplain
management regulations adopted by the community.
The preparation of additional sites by the construction of
facilities for servicing the lots on which the manufactured homes
are to be affixed (including the installation of utilities, the construction
of streets and either final site grading or the pouring of concrete
pads).
The federal agency that administers the National Flood Insurance
Program.
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 watercourses studied in detail in the Flood Insurance Study.
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.
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.
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.
See "flood elevation study."
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 Subsection A(1) above.
Any land area susceptible to being inundated by water from
any source. (See definition of "flooding.")
Any combination of structural and nonstructural 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.
The same meaning as "regulatory floodway."
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.
The highest natural elevation of the ground surface, prior
to construction, next to the proposed walls of a structure.
Any structure that is:
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; or
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; or
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
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
The person or agency appointed by the Town to administer
and implement this chapter by granting or denying development permits
in accordance with its provisions.
The 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 nonelevation design requirements of
this chapter.
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."
A parcel (or contiguous parcels) of land divided into two
or more manufactured home lots for rent or sale.
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.
The same meaning as "manufactured home."
Structures for which the start of construction commenced
on or after the effective date of a floodplain management regulation
and includes any subsequent improvements to such structure.
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets and either final site grading or the pouring
of concrete pads) is completed on or after the effective date of floodplain
management regulations adopted by a community.
The same meaning as "base flood."
At least 51% of the actual cash value of the structure, excluding
land value, is above the ground.
A vehicle which is:
Built on a single chassis; and
Four hundred square feet or less when measured at the largest
horizontal projections; and
Designed to be self-propelled or permanently towable by a light-duty
truck; and
Not designed primarily for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel or seasonal
use.
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 § 113-12B of this chapter.
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.
A walled and roofed building, including a gas or liquid storage
tank that is principally above the ground, as well as a manufactured
home.
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% of the market value of the structure before the
damage occurred.
Any reconstruction, rehabilitation, addition or other improvement
of a structure, the cost of which equals or exceeds 50% 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:
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
Any alteration of an historic structure, provided that the alteration
will not preclude the structure's continued designation as an
historic structure.
A grant of relief from the requirements of this chapter which
permits construction or use in a manner that would otherwise be prohibited
by this chapter.
The failure of a structure or other development to be fully
compliant with the community's floodplain management regulations.
This chapter shall apply to all areas of special flood hazard
within the jurisdiction of Town of Poughkeepsie.
A.
The areas of special flood hazard for the Town of Poughkeepsie, Community
Number 361142, are identified and defined on the following documents
prepared by the Federal Emergency Management Agency:
(1)
Flood Insurance Rate Map Panel Numbers: 36027C0352E, 36027C0354E,
36027C0356E, 36027C0357E, 36027C0358E, 36027C0359E, 36027C0362E, 36027C0364E,
36027C0366E 36027C0367E, 36027C0368E, 36027C0369E, 36027C0376E, 36027C0377E,
36027C0378E, 36027C0379E, 36027C0386E, 36027C0388E, 36027C0452E, 36027C0454E,
36027C0456E, 36027C0457E, and 36027C0458E, whose effective date is
May 2, 2012, and any subsequent revisions to these map panels that
do not affect areas under the Town's jurisdiction.
(2)
A scientific and engineering report entitled "Flood Insurance Study,
Dutchess County, New York, All Jurisdictions," dated May 2, 2012.
B.
The above documents are hereby adopted and declared to be part of
this chapter. The Flood Insurance Study and/or maps are on file at
Town Hall, One Overocker Road, Poughkeepsie, New York 12603.
A.
This chapter 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.
B.
In their interpretation and application, the provisions of this chapter
shall be held to be minimum requirements, adopted for the promotion
of the public health, safety and welfare. Whenever the requirements
of this chapter 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.
C.
The invalidity of any section or provision of this chapter shall
not invalidate any other section or provision thereof.
A.
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 chapter and any other applicable regulations. Any infraction of the provisions of this chapter 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 chapter or fails to comply with any of its requirements shall, upon conviction thereof, be fined no more than $1,000 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 Town of Poughkeepsie from taking such other lawful action as necessary to prevent or remedy an infraction. Any structure found not compliant with the requirements of this chapter for which the developer and/or owner has not applied for and received an approved variance under §§ 113-16 and 113-17 will be declared noncompliant and notification sent to the Federal Emergency Management Agency.
B.
In addition to any other remedies set forth herein authorizing the Town to enforce the provisions of this chapter, establishing penalties, and setting forth additional remedies, the person charged with the responsibility to enforce the provisions of this chapter may impose a civil fine or agree to a civil fine not to exceed $1,000 per day for each day of the violation. If said civil fine is imposed, then the alleged violator may appeal to the appeals board established under § 113-16.
The degree of flood protection required by this chapter 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 chapter does not imply that land outside the areas of special
flood hazard or uses permitted within such areas will be free from
flooding or flood damages. This chapter shall not create liability
on the part of the Town of Poughkeepsie, any officer or employee thereof
or the Federal Emergency Management Agency for any flood damages that
result from reliance on this chapter or any administrative decision
lawfully made thereunder.
The duly appointed Building Inspector of the Town of Poughkeepsie
is hereby appointed local administrator to administer and implement
this chapter by granting or denying development permits in accordance
with its provisions.
A floodplain development permit shall be obtained before the start of construction or any other development, including the placement or replacement of manufactured homes or recreational vehicles, within the area of special flood hazard as established in § 113-6. Application for a development 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.
A.
Fees. All applications for a floodplain development permit shall be accompanied by an application fee as provided in Chapter 105, Fees. In addition, the Town of Poughkeepsie reserves the right to recover from the permittee all reasonable costs necessary for review, approval and inspection of any project in accordance with Chapter 106 of the Town of Poughkeepsie Code.
B.
Application stage. The following information is required where applicable:
(1)
The elevation in relation to mean sea level of the proposed 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;
(2)
The elevation in relation to mean sea level to which any new or substantially
improved nonresidential structure will be floodproofed;
(3)
When required, a certificate from a licensed professional engineer or architect that the utility floodproofing will meet the criteria in § 113-13C(1);
(4)
A certificate from a New York State licensed professional engineer or architect that the nonresidential floodproofed structure will meet the floodproofing criteria in § 113-14C; and
(5)
A description of the extent to which any watercourse will be altered or relocated as a result of proposed development. Computations by a New York State 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 § 113-6, 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)
When required by the local administrator, a technical analysis prepared
by a New York State licensed professional engineer 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 five
acres.
C.
Construction stage. Upon placement of the lowest floor or floodproofing
by whatever means, it shall be the duty of the permit holder to submit
to the local administrator a certificate prepared by a New York State
licensed professional engineer or land surveyor certifying the as-built
elevation of the lowest floor or floodproofed elevation in relation
to mean sea level. When floodproofing is utilized for a particular
building, the floodproofing certificate shall be prepared by or under
the direct supervision of a New York State licensed professional engineer
or architect and certified by the same. 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, and any deficiencies shall be cause to issue a
stop-work order for the project unless immediately corrected.
Duties of the local administrator shall include but not be limited
to:
A.
Permit application review. The local administrator shall:
(1)
Review all development permit applications to determine that the
requirements of this chapter have been satisfied.
(2)
Review all development permit applications to determine that all
necessary permits have been obtained from those federal, state or
local governmental agencies from which prior approval is required.
(3)
Review all development permit applications to determine if the proposed
development adversely affects the area of special flood hazard. For
the purposes of this chapter, "adversely affects" means physical damage
to adjacent and other properties. An engineering study may be required
of the applicant for this purpose. The applicant shall be responsible
for the cost of any review by the Town, including, but not limited
to, the cost of retaining professional consultants for such purpose.
(4)
If there is no adverse effect, then the permit shall be granted consistent
with the provisions of this chapter.
(5)
If there is an adverse effect, then flood damage mitigation measures
to eliminate such damage shall be made a condition of the permit or
such permit shall be denied.
B.
Use of other base flood and floodway data. When base flood elevation data has not been provided in accordance with § 113-6, Basis for establishing areas of special flood hazard, 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 § 113-13D(4) in order to administer § 113-14, Specific standards, and § 113-15, Floodways.
C.
Information to be obtained and maintained. The local administrator
shall:
(1)
Obtain and record the actual elevation, in relation to mean sea level,
of the lowest floor, including basement or cellar, of all new or substantially
improved structures, and whether or not the structure contains a basement
or cellar.
(3)
Maintain for public inspection all records pertaining to the provisions
of this chapter, including variances, when granted, and certificates
of compliance.
D.
Alteration of watercourses. Prior to permitting any alteration or
relocation of a watercourse the local administrator shall:
(1)
Notify adjacent communities and the New York State Department of
Environmental Conservation prior to any alteration or relocation of
a watercourse and submit evidence of such notification to the Regional
Director, Federal Emergency Management Agency, Region II, 26 Federal
Plaza, New York, NY 10278.
(2)
Require that maintenance is provided within the altered or relocated
portion of said watercourse so that the flood-carrying capacity is
not diminished.
E.
Interpretation of FIRM boundaries.
(1)
The local administrator shall have the authority to expand the boundary
of the floodplain when there appears to be a conflict between the
limits of the federally identified area of special flood hazard and
actual field conditions.
(3)
The local administrator shall use flood information from any other
authoritative source, including historical data, to establish flood
elevations within the areas of special flood hazard when base flood
elevations are not available.
F.
Stop-work orders.
(1)
All floodplain development found ongoing without a development permit shall be subject to the issuance of a stop-work order by the local administrator. Disregard of a stop-work order shall subject the violator to the penalties described in § 113-8 of this chapter.
(2)
All floodplain development found noncompliant with the provisions of this chapter and/or the conditions of the development permit shall be subject to the issuance of a stop-work order by the local administrator. Disregard of a stop-work order shall subject the violator to the penalties described in § 113-8 of this chapter.
G.
Inspections. The local administrator and/or the developer's
New York State licensed professional engineer or architect shall make
periodic inspections at appropriate times throughout the period of
construction in order to monitor compliance with permit conditions
and to enable said inspector to certify that the development is in
compliance with the requirements of the development permit and/or
any variance provisions.
H.
Certificate of compliance.
(1)
In areas of special flood hazard it shall be unlawful to use or 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)
All other development occurring within the designated areas of special
flood hazard will have upon completion a certificate of compliance
issued by the local administrator.
In all areas of special flood hazard, the following standards
shall apply to new development, including new and substantially improved
structures:
A.
Anchoring.
(1)
All new construction and substantial improvements shall be anchored
to prevent flotation, collapse or lateral movement of the structure.
(2)
All manufactured homes shall be installed using methods and practices which minimize flood damage. Manufactured homes must be elevated and anchored to resist flotation, collapse or lateral movement. Manufactured homes shall be elevated in accordance with § 113-14B. Methods of anchoring may include but are not to be limited to use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces.
B.
Construction materials and methods.
C.
Utilities.
(1)
New and replacement electrical, heating, ventilation, plumbing, air-conditioning,
plumbing connections, and other service equipment shall be located
at least two feet above the base flood elevation or be designed so
as to prevent water from entering or 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 also 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. When designed for location below the
base flood elevation, a professional engineer's or architect's
certification is required.
(2)
All new and replacement water supply systems shall be designed to
minimize or eliminate infiltration of floodwaters into the system.
(3)
New and replacement sanitary sewage systems shall be designed to
minimize or eliminate infiltration of 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.
(4)
On-site waste disposal systems shall be located to avoid impairment
to them or contamination from them during flooding.
D.
Subdivision proposals.
(1)
All subdivision proposals shall be consistent with the need to minimize
flood damage; and
(2)
All subdivision proposals shall have public utilities and facilities
such as sewer, gas, electrical and water systems located and constructed
to minimize flood damage; and
(3)
All subdivision proposals shall have adequate drainage provided to
reduce exposure to flood damage; and
(4)
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) greater than either 50 lots or five acres.
E.
Encroachments.
(1)
All proposed development in riverine areas where no flood elevation data are available (unnumbered A Zones) shall be reviewed as set forth in § 113-12A(3), dealing with permit 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 analyses and data necessary to complete the determination.
(2)
In all areas of special flood hazard in which base flood elevation data are available pursuant to § 113-12B or Subsection D(4) and no floodway has been determined, the cumulative effects of any proposed development, when combined with all other existing and anticipated development, shall not increase the water surface elevation of the base flood more than one foot at any point.
(4)
Notwithstanding any other provisions of this chapter, certain development
in Zones A1-A30, AE and AH may be permitted to increase the water
surface elevation of the base flood (e.g., dams, levees, etc.), provided
that the Town of Poughkeepsie endorses the application for a conditional
FIRM revision to the Federal Emergency Management Agency (FEMA), the
permit applicant provides all necessary data and analyses and pays
all fees related to the application and all costs related to the final
map revision once FEMA approval is received. The Town may require
that any such fees and costs be paid by the owner of the property
related to the application.
(5)
The local administrator shall require within Zones AH and AO adequate
drainage paths around structures on slopes to guide floodwaters around
and away from proposed structures.
In all areas of special flood hazard where base flood elevation data has been provided as set forth in § 113-6, Basis for establishing areas of special flood hazard, and § 113-12B, Use of other base flood and floodway data, the following standards are required:
A.
Residential construction. New construction and substantial improvements
of residential structures shall:
(1)
In Zones A1 - A30, AE and AH, have the lowest floor, including the
basement or cellar, elevated to or above two feet above the base flood
elevation.
(2)
In all areas of special flood hazard, have fully enclosed areas below
the lowest floor that are usable 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:
(a)
A minimum of two openings having a total net area of not less
than one square inch for every square foot of enclosed area subject
to flooding shall be provided.
(b)
The bottom of all such openings shall be no higher than one
foot above the lowest adjacent finished grade.
(c)
Openings may be equipped with louvers, valves, screens or other
coverings or devices, provided that they permit the automatic entry
and exit of floodwaters.
(3)
Within any AO Zone new construction and substantial improvements
shall have the lowest floor (including basement) elevated above the
highest adjacent grade at least two feet or more above the depth number
specified in feet on the community's FIRM (at least two feet
if no depth is specified).
(4)
Within any A Zone, when no base flood data are available, have the
lowest floor elevated at least three feet above the highest adjacent
grade.
(5)
Within Zones AH and AO, adequate drainage paths are required to guide
floodwaters around and away from proposed structures on slopes.
B.
Manufactured homes and recreational vehicles.
(1)
A manufactured home that is placed or substantially improved on a
site in an A1 - A30, AE or AH Zone that is either outside of a manufactured
home park or subdivision; in a new manufactured home park or subdivision
as herein defined; in an expansion to an existing manufactured home
park or subdivision, as herein defined; or in an existing manufactured
home park or subdivision, as herein defined, on which a manufactured
home has incurred substantial damage as the result of a flood shall
be elevated on a permanent foundation such that the lowest floor is
elevated to or above the base flood elevation and is securely anchored
to an adequately anchored foundation system to resist flotation, collapse
and lateral movement.
(2)
A manufactured home to be placed or substantially improved on a site located in a A1 - A30, AE or AH Zone in a manufactured home park or subdivision, as herein defined, that is not subject to the provisions of Subsection B(1) shall be elevated so that either:
(a)
The lowest floor of the manufactured home is elevated to or
above two feet above the base flood elevation; or
(b)
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.
(3)
New construction or substantial improvements of manufactured homes
in Zone A, where no base flood elevation data are available, shall
be elevated at least three feet above the highest adjacent grade.
C.
Nonresidential construction.
(1)
In Zones A1 - A30, AE, AH, and also A if base flood elevation data
are available, new construction and substantial improvements of any
commercial, industrial or other nonresidential structure, together
with attendant utility and sanitary facilities, shall either:
(a)
Have the lowest floor, including the basement or cellar, elevated
to or above two feet above the base flood elevation; or
(b)
Be floodproofed so that the structure is watertight below two
feet above the base flood level, including attendant utility and sanitary
facilities, with walls substantially impermeable to the passage of
water. All structural components located below one foot above the
base flood level must be capable of resisting hydrostatic and hydrodynamic
loads and the effects of buoyancy.
(2)
In an AO Zone, all new construction and substantial improvements
shall:
(a)
Have the lowest floor (including basement) elevated above the
highest adjacent grade at least as high as two feet above the depth
number specified in feet on the Town's FIRM (at least two feet
if no depth number is specified); or
(3)
In an A Zone, when no base flood data are available, have the lowest
floor elevated at least three feet above the highest adjacent grade.
(4)
Within Zones AH and AO, adequate drainage paths are required to guide
floodwaters around and away from proposed structures on slopes.
(5)
If the structure is to be floodproofed, a licensed professional engineer or architect shall develop and/or review structural design, specifications and plans for the construction and shall certify that the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions of Subsection C(1)(b), including the specific elevation (in relation to mean sea level) to which the structure is floodproofed.
(6)
The local administrator shall maintain on record a copy of all such
certificates noted in this section.
Located within areas of special flood hazard are areas designated as floodways. (See definition of "floodway" in § 113-4. The floodway is an extremely hazardous area due to high-velocity floodwaters carrying debris and posing additional threats from potential erosion forces. When floodway data is available for a particular site as provided by § 113-6 or, when applicable, § 113-12B, all encroachments including fill, new construction, substantial improvements and other development are prohibited within the limits of the floodway unless a technical evaluation performed by a New York State licensed professional engineer demonstrates that such encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.
A.
The Planning Board of the Town of Poughkeepsie shall hear and decide
appeals and requests for variances from the requirements of this chapter.
B.
The Planning 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 chapter.
C.
Those aggrieved by the decision of the Planning Board may appeal
such decision to the Supreme Court pursuant to Article 78 of the Civil
Practice Law and Rules.
D.
In passing upon such applications, the Planning Board shall consider
all technical evaluations, all relevant factors, standards specified
in other sections of this chapter, and:
(1)
The danger that materials may be swept onto other lands to the injury
of others;
(2)
The danger to life and property due to flooding or erosion damage;
(3)
The susceptibility of the proposed facility and its contents to flood
damage and the effect of such damage on the individual owner;
(4)
The importance of the services provided by the proposed facility
to the community;
(5)
The necessity to the facility of a waterfront location, where applicable;
(6)
The availability of alternative locations for the proposed use which
are not subject to flooding or erosion damage;
(7)
The compatibility of the proposed use with existing and anticipated
development;
(8)
The relationship of the proposed use to the Comprehensive Plan and
floodplain management program of that area;
(9)
The safety of access to the property in times of flood for ordinary
and emergency vehicles;
(10)
The costs to local governments and the dangers associated with
conducting search and rescue operations during periods of flooding;
(11)
The expected heights, velocity, duration, rate of rise and sediment
transport of the floodwaters and the effects of wave action, if applicable,
expected at the site; and
(12)
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.
E.
Upon consideration of the factors of Subsection D and the purposes of this chapter, the Planning Board may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
F.
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.
A.
Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided that the items in § 113-16D(1) through (12) have been fully considered. As the lot size increases beyond the 1/2 acre, the technical justification required for issuing the variance increases.
B.
Variances may be issued for the repair or rehabilitation of historic
structures upon determination that:
C.
Variances may be issued for new construction and substantial improvements
and for other development necessary for the conduct of a functionally
dependent use, provided that:
D.
Variances shall not be issued within any designated floodway if any
increase in flood levels during the base flood discharge would result.
E.
Variances shall only be issued upon a determination that the variance
is the minimum necessary, considering the flood hazard, to afford
relief.
F.
Variances shall only be issued upon receiving written justification
of:
(1)
A showing of good and sufficient cause; and
(2)
A determination that failure to grant the variance would result in
exceptional hardship to the applicant; and
(3)
A determination that the granting of a variance will not result in
increased flood heights, additional threats to public safety or extraordinary
public expense, create nuisances, cause fraud on or victimization
of the public or conflict with existing local laws or ordinances.
G.
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 the local administrator that:
