The Town Board of the Town of Monroe finds that the potential
and/or actual damages from flooding and erosion may be a problem to
the residents of the Town of Monroe 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 enacted.
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:
A. To protect human life and health;
B. To minimize expenditure of public money for costly flood-control
projects;
C. To minimize the need for rescue and relief efforts associated with
flooding and generally undertaken at the expense of the general public;
D. To minimize prolonged business interruptions;
E. To minimize damage to public facilities such as water and gas mains,
electric, telephone, and sewer lines, and streets and bridges located
in areas of special flood hazard;
F. 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;
G. To provide that developers are notified that property is in an area
of special flood hazard; and
H. To 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:
APPEAL
A request for a review of the local administrator's
interpretation of any provision of this chapter or a request for a
variance.
AREA OF SHALLOW FLOODING
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 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
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, 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."
BASE FLOOD
The flood having a one-percent chance of being equaled or
exceeded in any given year.
BASEMENT
That portion of a building having its floor subgrade (below
ground level) on all sides.
CELLAR
Has the same meaning as "basement."
CRAWL SPACE
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.
DEVELOPMENT
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
A nonbasement building built, in the case of a building in
Zone 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 Zone V1-V30, VE
or V, to have the bottom of the lowest horizontal structural 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 Zone 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 Zone 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.
FLOOD BOUNDARY AND FLOODWAY MAP (FBFM)
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.
FLOOD ELEVATION 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.
FLOOD HAZARD BOUNDARY MAP (FHBM)
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)
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 or FLOODING
A.
A general and temporary condition of partial or complete inundation
of normally dry land areas from:
(1)
The overflow of inland or tidal water; or
(2)
The unusual and rapid accumulation or runoff of surface waters
from any source.
B.
"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 a similarly unusual and unforeseeable event
which results in flooding as defined in Subsection A(1) above.
FLOODPROOFING
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.
FLOODWAY
Has the same meaning as "regulatory floodway."
FUNCTIONALLY DEPENDENT USE
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
The highest natural elevation of the ground surface, prior
to construction, next to the proposed walls of a structure.
HISTORIC STRUCTURE
Any structure that is:
A.
Listed individually on 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;
B.
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;
C.
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
D.
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
(1)
By an approved state program as determined by the Secretary
of the Interior; or
(2)
Directly by the Secretary of the Interior in states without
approved programs.
LOCAL ADMINISTRATOR
The person appointed by the Town to administer and implement
this chapter by granting or denying development permits in accordance
with its provisions.
LOWEST FLOOR
The lowest floor of the lowest enclosed area, including a
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.
MANUFACTURED HOME
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.
MEAN SEA LEVEL
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.
NEW CONSTRUCTION
Structures for which the start of construction commenced
on or after the effective date of a floodplain management regulation
adopted by the Town, and includes any subsequent improvements to such
structure.
RECREATIONAL VEHICLE
A vehicle which is:
A.
Built on a single chassis;
B.
Four hundred square feet or less when measured at the largest
horizontal projections;
C.
Designed to be self-propelled or permanently towable by a light-duty
truck; and
D.
Not designed primarily for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel or seasonal
use.
REGULATORY FLOODWAY
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 §
27B-12B of this chapter.
START OF CONSTRUCTION
The date of permit issuance for new construction and substantial
improvements to existing structures, provided that the 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
A walled or roofed building, including a gas or liquid storage
tank, that is primarily above ground, as well as a manufactured home.
SUBSTANTIAL DAMAGE
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.
SUBSTANTIAL IMPROVEMENT
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:
A.
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
B.
Any alteration of an historic structure, provided that the alteration
will not preclude the structure's continued designation as an
historic structure.
VARIANCE
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.
This chapter shall apply to all areas of special flood hazard
within the jurisdiction of the Town of Monroe, Orange County.
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 $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 Town of Monroe 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 §§
27B-15 and
27B-16 will be declared noncompliant, and notification will be sent to the Federal Emergency Management Agency.
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 damage. This chapter shall not create liability
on the part of the Town of Monroe, 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 Building Inspector of the Town of Monroe is hereby appointed
local administrator to administer and implement this chapter by granting
or denying floodplain development permits in accordance with its provisions.
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 §
27B-11C and for compliance with the provisions and standards of this chapter.
(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 §§
27B-13 and
27B-14 and, in particular §
27B-13A.
(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 §§
27B-13 and
27B-14, no permit shall be issued. The applicant may revise the application to include measures that mitigate or eliminate the adverse effects and resubmit 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.
B. Use of other flood data.
(1) When the Federal Emergency Management Agency has designated areas of special flood hazard on the Town's Flood Insurance Rate Map (FIRM) but has neither produced water surface elevation data (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 §
27B-11C(7), as criteria for requiring that new construction, substantial improvements or other proposed development meet the requirements of this chapter.
(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 chapter.
C. Alteration of watercourses. The local administrator shall:
(1) Provide notification to adjacent communities 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 Director, 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 flood-carrying
capacity is not diminished.
D. Construction stage.
(1) In Zones A1-A30, AE, and AH, and also Zone A if base flood elevation
data are available, upon the placement of the lowest floor or completion
of floodproofing of a new or substantially improved structure, the
local administrator shall 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 the 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 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.
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 §
27B-8 of this chapter.
(2) The local administrator shall issue, or cause to be issued, a stop-work order for any floodplain development found noncompliant with the provisions of this chapter and/or the conditions of the development permit. Disregard of a stop-work order shall subject the violator to the penalties described in §
27B-8 of this chapter.
G. Certificate of compliance.
(1) In areas of special flood hazard, as determined by documents enumerated in §
27B-6, it shall be unlawful to occupy or to permit the occupancy or use of any building or premises, or both, or part thereof hereafter created, erected, changed, converted or wholly or partially 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.
(3) Issuance of the certificate shall be based upon inspections conducted as prescribed in §
27B-12E, 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.
H. Information to be retained. The local administrator shall retain
and make available for public inspection copies of the following:
(1) Floodplain development permits and certificates of compliance.
(2) Certificates of as-built lowest floor elevations of structures, required pursuant to §
27B-12D(1) and
(2), and whether or not the structures contain a basement.
(3) Floodproofing certificates required pursuant to §
27B-12D(1), and whether or not the structures contain a basement.
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 §
27B-6:
A. 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:
(1) Proposals shall be consistent with the need to minimize flood damage.
(2) Public utilities and facilities such as sewer, gas, electric 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.
B. 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:
(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 Town of Monroe agrees to apply to the Federal Emergency
Management Agency for a conditional FIRM revision, FEMA approval is
received and the applicant provides all necessary data, analyses and
mapping and reimburses the Town of Monroe for all fees and other costs
in relation to the application. The applicant must also provide all
data, analyses and mapping and reimburse the Town of Monroe 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 §
27B-6, no new construction, substantial improvements or other development in the floodway, including fill, shall be permitted unless:
(a)
A technical evaluation performed by a licensed professional
engineer shows that such an encroachment shall not result in any increase
in flood levels during occurrence of the base flood; or
(b)
The Town of Monroe agrees to apply to the Federal Emergency
Management Agency for a conditional FIRM and floodway revision, FEMA
approval is received and the applicant provides all necessary data,
analyses and mapping and reimburses the Town of Monroe for all fees
and other costs in relation to the application. The applicant must
also provide all data, analyses and mapping and reimburse the Town
of Monroe for all costs related to the final map revisions.
C. 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.
D. 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 Zone
A1-A30, AE or AH, and also Zone A if base flood elevation data are
available, new and substantially improved structures shall 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.
(a)
Designs for meeting this requirement must be either certified
by a licensed professional engineer or architect or meet or exceed
the following minimum criteria:
[1]
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; and
[2]
The bottom of all such openings shall be no higher than one
foot above the lowest adjacent finished grade.
(b)
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 subgrade on all sides are considered
basements and are not permitted.
E. Utilities.
(1) New and replacement electrical equipment, heating, ventilating, air-conditioning,
plumbing connections and other service equipment shall be located
at or above the base flood elevation or be designed 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 be elevated
to or above the base flood elevation 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 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.