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 § 175-6.
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):
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 Yorktown 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 Yorktown
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 Yorktown 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 § 175-6, no new construction, substantial improvements or other development in the floodway (including fill) shall be permitted unless:
(a)
A technical evaluation 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 Yorktown 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 Yorktown 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 Yorktown for all costs related to the final
map revisions.
A.
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.
B.
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 Zones 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 useable
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 either
be certified by a licensed professional engineer or architect or meet
or exceed the following minimum criteria:
(b)
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.
C.
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. 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.
A.
Elevation. The following standards, in addition to the standards in § 175-14A, Subdivision proposals, and § 175-14B, Encroachments, and § 175-15, 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 are 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 are
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 community's Flood Insurance Rate Map enumerated in § 175-6 (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.
B.
Nonresidential structures. The following standards apply to new and substantially improved commercial, industrial and other nonresidential structures, in addition to the requirements in § 175-14A, Subdivision proposals, and § 175-14B, Encroachments, and § 175-15, Standards, for all structures:
(1)
Within Zones A1-A30, AE and AH, and also Zone A if
base flood elevation data are 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 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 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 § 175-16B(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 the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions of § 175-16B(1), 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 are
available, the lowest floor (including basement) shall be elevated
at least three feet above the highest adjacent grade.
The following standards in addition to the standards in § 175-14, General standards, and § 175-15, 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.
A.
B.
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.
C.
Within Zone A, when no base flood elevation data are
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 Town Board of the Town of Yorktown shall hear
and decide appeals and requests for variances from the requirements
of this chapter.
(2)
The Town 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.
(3)
Those aggrieved by the decision of the Town Board
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 Town Board
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; and
(l)
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.
(5)
Upon consideration of the factors of Subsection A(4) above, and the purposes of this chapter, the Town Board may attach such conditions to the granting of variances as it deems necessary to further the purposes 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 A(4)(a) through (1) above 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; and
(c)
A determination that the granting of a variance
will not result in increased flood heights, additional threats to
public safety, extraordinary public expense, create nuisances, cause
fraud on or victimization of the public or conflict with existing
chapters or ordinances.