[HISTORY: Adopted by the Town Board of the
Town of Greenburgh 8-15-2007 by L.L. No. 9-2007.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Excavations and soil removal — See Ch. 210.
Subdivision regulations — See Ch. 250.
Watercourse protections — See Ch. 270.
Wetlands and watercourses — See Ch. 280.
Zoning — See Ch. 285.
[1]
Editor's Note: This local law also repealed
former Ch. 220, Flood Damage Prevention, adopted 11-28-2001 by L.L.
No. 16-2001.
A.
The Town Board of the Town of Greenburgh finds that
the potential and/or actual damages from flooding and erosion may
be a problem to the residents of the Town of Greenburgh 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.
B.
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 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; require that uses vulnerable
to floods, including facilities which serve such uses, be protected
against flood damage at the time of initial construction; control
the alteration of natural floodplains, stream channels and natural
protective barriers which are involved in the accommodation of floodwaters;
control filling, grading, dredging and other development which may
increase erosion or flood damages; regulate the construction of flood
barriers which will unnaturally divert floodwaters or which may increase
flood hazards to other lands; and qualify for and maintain participation
in the National Flood Insurance Program.
C.
The objectives of this chapter are to protect human
life and health; to minimize expenditure of public money for costly
flood-control projects; to minimize the need for rescue and relief
efforts associated with flooding and generally undertaken at the expense
of the general public; to minimize prolonged business interruptions;
to minimize damage to public facilities and utilities, such as water
and gas mains, electric, telephone and sewer lines, streets and bridges
located in areas of special flood hazard; 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;
to provide that developers are notified that property is in an area
of special flood hazard; and to ensure that those who occupy the areas
of special flood hazard assume responsibility for their actions.
A.
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.
B.
APPEAL
AREA OF SHALLOW FLOODING
AREA OF SPECIAL FLOOD HAZARD
BASE FLOOD
BASEMENT
BUILDING
CRAWL SPACE
DEVELOPMENT
ELEVATED BUILDING
(1)
(a)
(b)
(2)
(3)
FEDERAL EMERGENCY MANAGEMENT AGENCY
FLOOD BOUNDARY AND FLOODWAY MAP (FBFM)
FLOOD ELEVATION STUDY
FLOOD HAZARD BOUNDARY MAP (FHBM)
FLOOD INSURANCE RATE MAP (FIRM)
FLOOD INSURANCE STUDY
FLOOD or FLOODING
(1)
(2)
FLOODPLAIN or FLOOD-PRONE AREA
FLOODPROOFING
FLOODWAY
FUNCTIONALLY DEPENDENT USE
HIGHEST ADJACENT GRADE
HISTORIC STRUCTURE
(1)
(2)
(3)
(4)
LOCAL ADMINISTRATOR
LOWEST FLOOR
MANUFACTURED HOME
MANUFACTURED HOME PARK OR SUBDIVISION
MEAN SEA LEVEL
MOBILE HOME
NEW CONSTRUCTION
ONE-HUNDRED-YEAR FLOOD or 100-YEAR FLOOD
PRINCIPALLY ABOVE GROUND
RECREATIONAL VEHICLE
(1)
(2)
(3)
(4)
REGULATORY FLOODWAY
START OF CONSTRUCTION
STRUCTURE
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
(1)
(2)
VARIANCE
As used in this chapter, the following terms shall
have the meanings indicated:
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.
The portion of a building that is partially or fully below
grade.
[Amended 5-22-2013 by L.L. No. 2-2013]
An enclosed area beneath the lowest elevated floor, 18 inches
or more in height, which is used to service the underside of the lowest
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
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:
Built, in the case of a building in Zones 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 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.
The federal agency that administers the National Flood Insurance
Program.
An official map of the Town of Greenburgh 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 the Town of Greenburgh 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 the Town of Greenburgh 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."
"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 some similarly unusual and unforeseeable event which results in flooding as defined in Subsection (1)(a) above.
Any land area susceptible to being inundated by water from
any source. (See definition of "flood.")
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.
See "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;
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;
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 by an approved state program as determined
by the Secretary of the Interior or directly by the Secretary of the
Interior in states without approved programs.
The person appointed by the community to administer and implement
this chapter by granting or denying development permits in accordance
with its provisions. This person is often the Building Inspector,
Code Enforcement Officer, or employee of an engineering department.
Lowest floor of the lowest enclosed area (including basement).
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.
[Amended 5-22-2013 by L.L. No. 2-2013]
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.
See "manufactured home."
Structures for which the start of construction commenced
on or after the effective date of a floodplain management regulation
adopted by the community, and includes any subsequent improvements
to such structure.
See "base flood."
At least 51% of the actual cash value of the structure, excluding
land value, is above ground.
A vehicle which is:
Built on a single chassis;
Four hundred square feet or less when measured
at the largest horizontal projections;
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 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 ground, as well as a manufactured
home. The definition is limited solely to this chapter, as the definition
supplied in the zoning section of the Town Code[3] shall apply at all other times.
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.
A.
Applicability. This chapter shall apply to all areas
of special flood hazard within the jurisdiction of the Town of Greenburgh,
Westchester County.
B.
Basis for establishing areas of special flood hazard.
(1)
The areas of special flood hazard for the Town of
Greenburgh, Community Number 360911, are identified and defined on
the following documents prepared by the Federal Emergency Management
Agency:
(a)
Flood Insurance Rate Map Panel Numbers 36119C0253F,
36119C0254F, 36119C0258F, 36119C0259F, 36119C0261F, 36119C0262F, 36119C0263F,
36119C0264F, 36119C0266F, 36119C0267F, 36119C0268F, 36119C0326F, 36119C0327F,
36119C0331F, the effective date of which is September 28, 2007, and
any subsequent revisions to these map panels that do not affect areas
under our community's jurisdiction.
(b)
A scientific and engineering report entitled
“Flood Insurance Study, Westchester County, New York, All Jurisdictions,”
dated September 28, 2007.
(c)
Letter of Map Revision, Case Number 09-02-0767P, amending Panel 36119C0262F
of the Flood Insurance Map, as well as Table 7-Floodway Data Saw Mill
River, of the Flood Insurance Study referenced above.
[Added 3-28-2012 by L.L. No. 2-2012]
(d)
Letter of Map Revision, Case Number 10-02-2047P, effective December
20, 2010, amending Panels 36119C0254F and 36119C0262F.
[Added 3-28-2012 by L.L. No. 2-2012]
(2)
The above documents are hereby adopted and declared
to be a part of this chapter. The Flood Insurance Study and/or maps
are on file at the office of the Town Clerk, Town of Greenburgh, 177
Hillside Avenue, Greenburgh, New York 10607.
C.
Interpretation and conflict with other laws
(1)
This chapter includes all revisions to the National
Flood Insurance Program through March 20, 1997, and shall supersede
all previous laws adopted for the purpose of flood damage prevention.
(2)
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, ordinances or local
laws, the most restrictive or that imposing the higher standards shall
govern.
D.
Penalties for offenses. 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 Greenburgh 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 § 220-6 will be declared noncompliant and notification sent to the Federal Emergency Management Agency.
E.
Warning and disclaimer of liability. 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 Greenburgh, 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.
A.
Designation of local administrator. The Town Engineer
is hereby appointed local administrator to administer and implement
this chapter by granting or denying floodplain development permits
in accordance with its provisions.
B.
The floodplain development permit.
(1)
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 ensuring 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 § 220-3B, 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.
(2)
Fees. All applications for a floodplain development
permit shall be accompanied by an application fee of $250. In addition,
the applicant shall be responsible for reimbursing the Town of Greenburgh
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.
C.
Application for a permit. The applicant shall provide
the following information as appropriate; additional information may
be required on the permit application form:
(1)
The proposed elevation, in relation to mean sea level,
of the lowest floor (including basement) 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 is 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.
[Amended 5-22-2013 by L.L. No. 2-2013]
(2)
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.
(3)
A certificate from a licensed professional engineer or architect that any utility floodproofing will meet the criteria in § 220-5B(3), Utilities.
(4)
A certificate from a licensed professional engineer or architect that any nonresidential floodproofed structure will meet the floodproofing criteria in § 220-5D, Nonresidential structures.
(5)
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 § 220-3B, 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)
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.
(7)
In Zone A, when no base flood elevation data is 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.
D.
Duties and responsibilities of local administrator.
(1)
Permit application review. The local administrator
shall conduct the following permit application review before issuing
a floodplain development permit:
(a)
Review all applications for completeness, particularly with the requirements of § 220-4C, Application for a permit, and for compliance with the provisions and standards of this chapter.
(b)
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 § 220-5, Construction standards, and, in particular, § 220-5A(1), Subdivision proposals.
(c)
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 § 220-5, Construction standards, 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.
(d)
Determine that all necessary permits have been
received from those governmental agencies from which approval is required
by state or federal law.
(2)
Use of other flood data.
(a)
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 § 220-4C(7), as criteria for requiring that new construction, substantial improvements or other proposed development meet the requirements of this chapter.
(b)
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.
(3)
Alteration of watercourses. The local administrator
shall:
(a)
Notify 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.
(b)
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.
(4)
Construction stage. The local administrator shall:
(a)
In Zones A1-A30, AE and AH and also Zone A if
base flood elevation data is 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 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 a site for 180 consecutive
days or longer (unless it is fully licensed and ready for highway
use).
(b)
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.
(5)
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.
(6)
Stop-work orders.
(a)
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 § 220-3D of this chapter.
(b)
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 § 220-3D of this chapter.
(7)
Certificate of compliance.
(a)
In areas of special flood hazard, as determined by documents enumerated in § 220-3B, 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.
(b)
A certificate of compliance shall be issued
by the local administrator upon satisfactory completion of all development
in areas of special flood hazard.
(c)
Issuance of the certificate shall be based upon the inspections conducted as prescribed in § 220-4D(5), Inspections, 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.
(8)
Information to be retained. The local administrator
shall retain and make available for inspection copies of the following:
(a)
Floodplain development permits and certificates
of compliance.
(b)
Certificates of as-built lowest floor elevations of structures, required pursuant to § 220-4D(4)(a) and 220-4D(4)(b), and whether or not the structures contain a basement.
(c)
Floodproofing certificates required pursuant to § 220-4D(4)(a) and whether or not the structures contain a basement.
A.
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 § 220-3B:
(1)
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):
(2)
Encroachments.
(a)
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:
[1]
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
[2]
The Town of Greenburgh agrees to apply to the
Federal Emergency Management Agency (FEMA) for a conditional FIRM
revision, FEMA approval is received and the applicant provides all
necessary data, analyses and mapping and reimburses the Town of Greenburgh
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 Greenburgh for all costs related to the final map revision.
(b)
On streams with a regulatory floodway, as shown on the Flood Boundary and Floodway Map or the Flood Insurance Rate Map adopted in § 220-3B, no new construction, substantial improvements or other development in the floodway (including fill) shall be permitted unless:
[1]
A technical evaluation by a licensed professional
engineer shows that such an encroachment shall not result in any increase
in flood levels during the occurrence of the base flood; or
[2]
The Town of Greenburgh agrees to apply to the
Federal Emergency Management Agency (FEMA) for a conditional FIRM
and floodway revision, FEMA approval is received and the applicant
provides all necessary data, analyses and mapping and reimburses the
Town of Greenburgh 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 Greenburgh for all costs related
to the final map revisions.
B.
Standards for all structures.
(1)
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.
(2)
Construction materials and methods.
(a)
New construction and substantial improvements
to structures shall be constructed with materials and utility equipment
resistant to flood damage.
(b)
New construction and substantial improvements
to structures shall be constructed using methods and practices that
minimize flood damage.
(c)
Enclosed areas.
[1]
For enclosed areas below the lowest floor of
a structure within Zones A1-A30, AE or AH and also Zone A, if base
flood elevation data is 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.
Designs for meeting this requirement must either be certified by a
licensed professional engineer or architect or meet or exceed the
following minimum criteria:
[2]
Openings may be equipped with louvers, valves,
screens or other coverings or devices, provided that they permit the
automatic entry and exit of floodwaters. Enclosed areas subgrade on
all sides are considered basements and are not permitted.
(d)
Enclosed areas subgrade on all sides are considered
basements and are not permitted.
(3)
Utilities.
(a)
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. 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.
(b)
New and replacement water supply systems shall
be designed to minimize or eliminate infiltration of floodwaters into
the system.
(c)
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.
(d)
On-site waste disposal systems shall be located
to avoid impairment to them or contamination from them during flooding.
C.
Elevation of residential structures. The following standards, in addition to the standards in § 220-5A(1), Subdivision proposals, and § 220-5A(2), Encroachments, and § 220-5B, Standards for all structures, apply to structures located in areas of special flood hazard as indicated:
(1)
Within Zones A1-A30, AE and AH and also Zone A if
base flood elevation data is available, new construction and substantial
improvements shall have the lowest floor (including basement) elevated
to or above two feet above the base flood level.
(2)
Within Zone A, when no base flood elevation data is
available, new and substantially improved structures shall have the
lowest floor (including basement) elevated at least three feet above
the highest adjacent grade.
(3)
Within Zone AO, new and substantially improved structures shall 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 of Greenburgh's Flood Insurance Rate Map enumerated in § 220-3B (at least two feet if no depth number is specified).
(4)
Within Zones AH and AO, adequate drainage paths are
required to guide floodwaters around and away from proposed structures
on slopes.
D.
Nonresidential structures. The following standards apply to new and substantially improved commercial, industrial and other nonresidential structures, in addition to the requirements in § 220-5A(1), Subdivision proposals, and § 220-5A(2), Encroachments, and § 220-5B, Standards for all structures.
(1)
Within Zones A1-A30, AE and AH and also Zone A, if
base flood elevation data is available, new construction and substantial
improvements of any nonresidential structure, together with attendant
utility and sanitary facilities, shall either:
(a)
Have the lowest floor, including basement, elevated
to or above two feet above the base flood elevation; or
[Amended 5-22-2013 by L.L. No. 2-2013]
(b)
Be floodproofed so that the structure is watertight
below two feet above the base flood level with walls substantially
impermeable to the passage of water. All structural components located
below the base flood level must be capable of resisting hydrostatic
and hydrodynamic loads and the effects of buoyancy.
(2)
Within Zone AO, new construction and substantial improvements
of nonresidential structures 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 community's FIRM (at least
two feet if no depth number is specified); or
(b)
Together with attendant utility and sanitary facilities, be completely floodproofed to that level to meet the floodproofing standard specified in § 220-5D(1)(b).
(3)
If the structure is to be floodproofed, a licensed professional engineer or architect shall develop and/or review structural design, specifications and plans for construction. A floodproofing certificate or other certification shall be provided to the local administrator that certifies that the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions of § 220-5D(1)(b), including the specific elevation (in relation to mean sea level) to which the structure is to be floodproofed.
(4)
Within Zones AH and AO, adequate drainage paths are
required to guide floodwaters around and away from proposed structures
on slopes.
(5)
Within Zone A, when no base flood elevation data is
available, the lowest floor (including basement) shall be elevated
at least three feet above the highest adjacent grade.
E.
Manufactured homes and recreational vehicles. The following standards, in addition to the standards in § 220-5A, General standards, and § 220-5B, Standards for all structures, apply, as indicated, in areas of special flood hazard to manufactured homes and to recreational vehicles which are located in areas of special flood hazard.
(1)
(2)
A manufactured home that is placed or substantially
improved in Zones A1-A30, AE and AH shall be elevated on a permanent
foundation such that the 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.
(3)
Within Zone A, when no base flood elevation data is
available, new and substantially improved manufactured homes shall
be elevated such that 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
to resist flotation, collapse or lateral movement.
A.
Appeals board.
(1)
The Zoning Board of Appeals as established by the
Town of Greenburgh shall hear and decide appeals and requests for
variances from the requirements of this chapter.
(2)
The Zoning Board of Appeals shall hear and decide
appeals when it is alleged that there is an error in any requirement,
decision or determination made by the local administrator in the enforcement
or administration of this chapter.
(3)
Those aggrieved by the decision of the Zoning Board
of Appeals may appeal such decision to the Supreme Court pursuant
to Article 78 of the Civil Practice Law and Rules.
(4)
In passing upon such applications, the Zoning Board
of Appeals shall consider all technical evaluations, all relevant
factors, standards specified in other sections of this chapter and:
(a)
The danger that materials may be swept onto
other lands to the injury of others.
(b)
The danger to life and property due to flooding
or erosion damage.
(c)
The susceptibility of the proposed facility
and its contents to flood damage and the effect of such damage on
the individual owner.
(d)
The importance of the services provided by the
proposed facility to the community.
(e)
The necessity to the facility of a waterfront
location, where applicable.
(f)
The availability of alternative locations for
the proposed use which are not subject to flooding or erosion damage.
(g)
The compatibility of the proposed use with existing
and anticipated development.
(h)
The relationship of the proposed use to the
Comprehensive Plan and floodplain management program of that area.
(i)
The safety of access to the property in times
of flood for ordinary and emergency vehicles.
(j)
The costs to local governments and the dangers
associated with conducting search-and-rescue operations during periods
of flooding.
(k)
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.
(l)
The costs of providing governmental services
during and after flood conditions, including search-and-rescue operations
and maintenance and repair of public utilities and facilities such
as sewer, gas, electrical and water systems and streets and bridges.
(5)
Upon consideration of the factors of § 220-6A(4) and the purposes of this chapter, the Zoning Board of Appeals may attach such conditions to the granting of variances as it deems necessary to further the purpose of this chapter.
(6)
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.
B.
Conditions for variances.
(1)
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 Subsection B(2)(a) through (l) below have been fully considered. As the lot size increases beyond the 1/2 acre, the technical justification required for issuing the variance increases.
(2)
Variances may be issued for the repair or rehabilitation
of historic structures upon determination that:
(3)
Variances may be issued by a community for new construction
and substantial improvements and for other development necessary for
the conduct of a functionally dependent use, provided that:
(4)
Variances shall not be issued within any designated
floodway if any increase in flood levels during the base flood discharge
would result.
(5)
Variances shall only be issued upon a determination
that the variance is the minimum necessary, considering the flood
hazard, to afford relief.
(6)
Variances shall only be issued upon receiving written
justification of:
(a)
A showing of good and sufficient cause.
(b)
A determination that failure to grant the variance
would result in exceptional hardship to the applicant.
(c)
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
chapters or ordinances.
