[HISTORY: Adopted by the City Council of
the City of Rye 9-5-2007 by L.L. No. 5-2007.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed
former Ch. 100, Floodplain Management, adopted 3-5-1980 by L.L. No.
3-1980, as amended.
A.
Findings. The City Council of the City of Rye finds
that the potential and/or actual damages from flooding and erosion
may be a problem to the residents of the City of Rye 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.
Statement of purpose. 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:
(1)
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;
(2)
Require that uses vulnerable to floods, including
facilities which serve such uses, be protected against flood damage
at the time of initial construction;
(3)
Control the alteration of natural floodplains, stream
channels, and natural protective barriers which are involved in the
accommodation of floodwaters;
(4)
Control filling, grading, dredging and other development
which may increase erosion or flood damages;
(5)
Regulate the construction of flood barriers which
will unnaturally divert floodwaters or which may increase flood hazards
to other lands; and
(6)
Qualify for and maintain participation in the National
Flood Insurance Program.
C.
Objectives.
(1)
To protect human life and health;
(2)
To minimize expenditure of public money for costly
flood control projects;
(3)
To minimize the need for rescue and relief efforts
associated with flooding and generally undertaken at the expense of
the general public;
(4)
To minimize prolonged business interruptions;
(5)
To 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;
(6)
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;
(7)
To provide that developers are notified that property
is in an area of special flood hazard; and
(8)
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 meaning 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 foot 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 "l00-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."
Has the same meaning as "basement."
An area of special flood hazard extending from offshore to
the inland limit of a primary frontal dune along an open coast and
any other area subject to high-velocity wave action from storms or
seismic sources. The area is designated on a FIRM as Zone V1-V30,
VE, VO or V.
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 (i) 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 V1-30,
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 (ii) 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.
The federal agency that administers the National Flood Insurance
Program.
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) above.
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."
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.
Has 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;
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:
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.
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.
Has 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
adopted by the community and includes any subsequent improvements
to such structure.
Has the same meaning as "base flood."
A continuous or nearly continuous mound or ridge of sand
with relatively steep seaward and landward slopes immediately landward
and adjacent to the beach and subject to erosion and overtopping from
high tides and waves during major coastal storms. The inland limit
of the primary frontal dune occurs at the point where there is a distinct
change from a relatively steep slope to a relatively mild slope.
At least 51% of the actual market 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 § 100-4D(2) of this chapter.
Naturally occurring accumulations of sand in ridges or mounds
landward of the beach.
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.
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
include, however, 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.
This chapter shall apply to all areas of special flood
hazard within the jurisdiction of the City of Rye, Westchester County.
B.
Basis for establishing areas of special flood hazard.
(1)
The areas of special flood hazard for the City of
Rye, Community Number 360931, are identified and defined on the following
documents prepared by the Federal Emergency Management Agency:
(a)
Flood Insurance Rate Map Panel Numbers 36119C0352F,
36119C0354F, 36119C0356F, 36119C0357F, 36119C0358F, 36119C0362F, whose
effective date 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 18-02-1994P, effective May
2, 2019, amending Flood Insurance Rate Map Panel 36119C0354F.
[Added 3-27-2019 by L.L.
No. 3-2019]
(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 City of Rye.
C.
Interpretation and conflict with other laws. 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. 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.
Severability. The invalidity of any section or provision
of this chapter shall not invalidate any other section or provision
thereof.
E.
Penalties for noncompliance. 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 City of Rye 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 § 100-6 will be declared noncompliant and notification shall be sent to the Federal Emergency Management Agency.
F.
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 area of special flood
hazards 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 City of Rye, 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 City Building
Inspector is hereby appointed local administrator to administer and
implement this chapter by granting or denying floodplain development
permits in accordance with its provisions.
B.
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 § 100-3B, 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 to be set by the
City Council annually by resolution. In addition, the applicant shall
be responsible for reimbursing the City of Rye 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 or cellar) of any new or substantially
improved structure to be located in Zone A1-A30, AE or AH, or Zone
A if base flood elevation data are 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.
(2)
The proposed elevation, in relation to mean sea level,
of the bottom of the lowest structural member of the lowest floor
(excluding pilings and columns) of any new or substantially improved
structure to be located in Zone V1-V30 or VE, or Zone V if base flood
elevation data are 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.
(3)
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.
(4)
A certificate from a licensed professional engineer
or architect that any utility floodproofing will meet the criteria
in § 100-5C(3), Utilities.
(5)
A certificate from a licensed professional engineer or architect that any nonresidential flood proofed structure will meet the flood proofing criteria in § 100-5E, Standards for nonresidential structures outside coastal high-hazard areas.
(6)
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 § 100-3B, 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.
(7)
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.
(8)
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.
(9)
In Zones V1-V30 and VE, and also Zone V if base flood
elevation are available, designs and specifications, certified by
a licensed professional engineer or architect, for any breakaway walls
in a proposed structure with design strengths in excess of 20 pounds
per square foot.
(10)
In Zones V1-V30 and VE, and also Zone V if base flood
elevation are available, for all new and substantial improvements
to structures, floodplain development permit applications shall be
accompanied by design plans and specifications, prepared in sufficient
detail to enable independent review of the foundation support and
connection components. Said plans and specifications shall be developed
or reviewed by a licensed professional engineer or architect, and
shall be accompanied by a statement, bearing the signature of the
architect or engineer, certifying that the design and methods of construction
to be used are in accordance with accepted standards of practice and
with all applicable provisions of this chapter.
D.
Duties and responsibilities of the local administrator.
Duties of the local administrator shall include, but not be limited
to, the following:
(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 § 100-4C, 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 § 100-5, Construction standards, and, in particular, § 100-5A(2), 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 applicable requirements of § 100-5, 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 § 100-4C(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 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.
(3)
Alteration of watercourses.
(a)
The local administrator shall 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)
The local administrator shall determine whether
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.
(a)
In Zones A1-A30, AE and AH, and also Zone A
if base flood elevation data are available, upon 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
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)
In Zones V1-V30 and VE, and also Zone V if base
flood elevation data are available, upon placement of the lowest floor
of a new or substantially improved structure, the permit holder shall
submit to the local administrator a certificate of elevation, in relation
to mean sea level, of the bottom of the lowest structural member of
the lowest floor (excluding pilings and columns). For manufactured
homes, the permit holder shall submit the certificate of elevation
upon placement of the structure on the site. An elevation certificate
must also be submitted for a recreational vehicle if it remains on
a site 180 consecutive days or longer (unless it is fully licensed
and ready for highway use).
(c)
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 § 100-3E.
(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 § 100-3E.
(7)
Certificate of compliance.
(a)
In areas of special flood hazard, as determined by documents enumerated in § 100-3B, 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 § 100-4D(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)
Certifications of as-built lowest floor elevations of structures, required pursuant to § 100-4D(4)(a) and (b), and whether or not the structures contain a basement;
(c)
Floodproofing certificates required pursuant to § 100-4D(4)(a), and whether or not the structures contain a basement;
A.
General standards. 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 § 100-3B.
(1)
Coastal high-hazard areas. The following requirements
apply within Zones V1-V30, VE and V:
(a)
All new construction, including manufactured
homes and recreational vehicles on site 180 days or longer and not
fully licensed for highway use, shall be located landward of the reach
of high tide.
(b)
The use of fill for structural support of buildings,
manufactured homes or recreational vehicles on site 180 days or longer
is prohibited.
(c)
Man-made alteration of sand dunes which would
increase potential flood damage is prohibited.
(2)
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):
(a)
Proposals shall be consistent with the need
to minimize flood damage;
(b)
Public utilities and facilities, such as sewer,
gas, electrical and water systems, shall be located and constructed
so as to minimize flood damage; and
(c)
Adequate drainage shall be provided to reduce
exposure to flood damage.
(d)
In a subdivision approved by the Planning Commission
and in site developments in an RFWP District approved by the Planning
Commission, fill may be placed for the purpose of construction of
roads and utility systems, provided that such roads will be above
the elevation of the base flood, will not result in the ponding of
water or will not significantly affect the runoff of surface waters.
Normal road base course and surfacing shall not be considered fill,
walls, dikes or encroachments for the purposes of this section.
(3)
Encroachments.
(a)
Within Zones A1-A30 and AE, on streams without
a regulatory floodway, no new construction, substantial improvements
or other development shall be permitted, including but not limited
to the placement of fill, construction of walls or dikes or other
encroachments, other than the pilings and columns needed to support
a building, structure or other improvement, except in the following
specific cases:
[1]
Placement of fill in order to provide a safe
means of access from one entrance of a habitable structure to the
closest approved street for pedestrians and emergency and ordinary
vehicles, provided that such fill is designed so as not to result
in the ponding of water or significantly affect the runoff of surface
waters and is the minimum fill needed to provide such access.
[2]
In coastal high-hazard areas, fill may be placed
only as part of an approved plan for the construction of a seawall
or similar protective barrier, which has been designed by a civil
engineer with a professional engineering license, except that no structure
shall be erected on such fill until the Flood Boundary-Floodway Map
or Flood Insurance Rate Map has been amended to show that the land
on which the structure is to be erected has been designated as an
A, AO, AH, A1 through A30, A99, B, C or D Flood Insurance Zone.
[3]
Regrading of a site which does not involve the
placement of fill.
[4]
Normal lawn and landscaping maintenance, to
include the spreading of topsoil, provided that such topsoil shall
not increase the elevation any place on the site by more than four
inches.
[5]
The City of Rye 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 City of Rye
for all fees and other costs in relation to the application. The applicant
must also provide all data, analyses and mapping and reimburse the
City of Rye 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 § 100-3B, 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 occurrence of the base flood; or
[2]
The City of Rye 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 City of Rye
for all fees and other costs in relation to the application. The applicant
must also provide all data, analyses and mapping and reimburse the
City of Rye for all costs related to the final map revisions.
B.
Standards for all structures. 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 § 100-3B.
[Amended 10-5-2011 by L.L. No. 6-2011]
(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)
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.
Designs for meeting this requirement must either be certified by a
licensed professional engineer or architect or meet or exceed the
following minimum criteria: (i) 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; and (ii) the bottom of all such
openings no higher than one foot above the lowest adjacent finished
grade. 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.
(d)
Within Zones V1-V30 and VE, and also within
Zone V if base flood elevation are available, new construction and
substantial improvements shall have the space below the lowest floor
either free from obstruction or constructed with nonsupporting breakaway
walls, open wood lattice-work or insect screening intended to collapse
under wind and water loads without causing collapse, displacement,
or other structural damage to the elevated portion of the building
or supporting foundation system. The enclosed space below the lowest
floor shall be used only for parking vehicles, building access or
storage. Use of this space for human habitation is expressly prohibited.
The construction of stairs, stairwells and elevator shafts are subject
to the design requirements for breakaway walls.
(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;
and
(d)
On-site waste disposal systems shall be located
to avoid impairment to them or contamination from them during flooding.
C.
Residential structures (except coastal high-hazard areas). The following standards apply to new and substantially improved commercial, industrial and other nonresidential structures, in addition to the requirements in § 100-5A(1), Subdivision proposals, § 100-5A(2), Encroachments, and § 100-5B, Standards for all structures.
(1)
Elevation. The following standards, in addition to the standards in § 100-5A(1), Subdivision proposals, § 100-5A(2), Encroachments, and § 100-5B, Standards for all structures, apply to structures located in areas of special flood hazard as indicated:
(a)
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 at least two feet above the base flood level.
(b)
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.
(c)
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 § 100-3B (at least two feet if no depth number is specified).
(d)
Within Zones AH and AO, adequate drainage paths
are required to guide floodwaters around and away from proposed structures
on slopes.
D.
Residential structures (coastal high-hazard area). The following standards, in addition to the standards in § 100-5A(1), Coastal high-hazard areas, and § 100-5A(2), Subdivision proposals, and § 100-5B, Standards for all structures, apply to structures located in areas of special flood hazard shown as Zone V1-V30, VE or V on the community's Flood Insurance Rate Map designated in § 100-3B:
(1)
Elevation. New construction and substantial improvements
shall be elevated on pilings, columns or shear walls such that the
bottom of the lowest horizontal structural member supporting the lowest
elevated floor (excluding columns, piles, diagonal bracing attached
to the piles or columns, grade beams, pile caps and other members
designed to either withstand storm action or break away without imparting
damaging loads to the structure) is elevated at least two feet above
base flood level so as not to impede the flow of water.
(2)
Determination of loading forces. Structural design
shall consider the effects of wind and water loads acting simultaneously
during the base flood on all building components.
(a)
The structural design shall be adequate to resist
water forces that would occur during the base flood. Horizontal water
loads considered shall include inertial and drag forces of waves,
current drag forces, and impact forces from waterborne storm debris.
Dynamic uplift loads shall also be considered if bulkheads, walls,
or other natural or man-made flow obstructions could cause wave run-up
beyond the elevation of the base flood.
(b)
Buildings shall be designed and constructed
to resist the forces due to wind pressure. Wind forces on the superstructure
include windward and leeward forces on vertical walls, uplift on the
roof, internal forces when openings allow wind to enter the house,
and upward force on the underside of the house when it is exposed.
In the design, the wind should be assumed to blow potentially from
any lateral direction relative to the house.
(c)
Wind loading values used shall be those required
by the building code.
(3)
Foundation standards.
(a)
The pilings or column foundation and structure
attached thereto shall be adequately anchored to resist flotation,
collapse or lateral movement due to the effects of wind and water
pressures acting simultaneously on all building components. Foundations
must be designed to transfer safely to the underlying soil all loads
due to wind, water, dead load, live load and other loads (including
uplift due to wind and water).
(b)
Spread footings and fill material shall not
be used for structural support of a new building or substantial improvement
of an existing structure.
(4)
Pile foundation design.
(a)
The design ratio of pile spacing to pile diameter
shall not be less than 8:1 for individual piles (this shall not apply
to pile clusters located below the design grade). The maximum center-to-center
spacing of wood piles shall not be more than 12 feet on center under
load-bearing sills, beams, or girders.
(b)
Pilings shall have adequate soil penetration
(bearing capacity) to resist the combined wave and wind loads (lateral
and uplift) associated with the base flood acting simultaneously with
typical structure (live and dead) loads, and shall include consideration
of decreased resistance capacity caused by erosion of soil strata
surrounding the piles. The minimum penetration for foundation piles
is to an elevation of five feet below mean sea level (msl) datum if
the BFE is +10 msl or less, or to be at least 10 feet below msl if
the BFE is greater than +10 msl.
(c)
Pile foundation analysis shall also include
consideration of piles in column action from the bottom of the structure
to the stable soil elevation of the site. Pilings may be horizontally
or diagonally braced to withstand wind and water forces.
(d)
The minimum acceptable sizes for timber piles
are a tip diameter of eight inches for round timber piles and eight
inches by eight inches for square timber piles. All wood piles must
be treated in accordance with requirements of EPEE-C3 to minimize
decay and damage from fungus.
(e)
Reinforced concrete piles shall be cast of concrete
having a twenty-eight-day ultimate compressive strength of not less
than 5,000 pounds per square inch, and shall be reinforced with a
minimum of four longitudinal steel bars having a combined area of
not less than 1% nor more than 4% of the gross concrete area. Reinforcing
for precast piles shall have a concrete cover of not less than 1 1/4
inches for No. 5 bars and smaller and not less than 1 1/2 inches
for No. 6 through No. 11 bars. Reinforcement for piles cast in the
field shall have a concrete cover of not less than two inches.
(f)
Piles shall be driven by means of a pile driver
or drop hammer, jetted, or augered into place.
(g)
Additional support for piles in the form of
bracing may include lateral or diagonal bracing between piles.
(h)
When necessary, piles shall be braced at the
ground line in both directions by a wood timber grade beam or a reinforced
concrete grade beam. These at-grade supports should be securely attached
to the piles to provide support even if scoured from beneath.
(i)
Diagonal bracing between piles, consisting of
two-inch by eight-inch (minimum) members bolted to the piles, shall
be limited in location to below the lowest supporting structural member
and above the stable soil elevation, and aligned in the vertical plane
along pile rows perpendicular to the shoreline. Galvanized steel rods
(minimum diameter 1/2 inch) or cable-type bracing is permitted in
any plane.
(j)
Knee braces, which stiffen both the upper portion
of a pile and the beam-to-pile connection, may be used along pile
rows perpendicular and parallel to the shoreline. Knee braces shall
be two-by-eight lumber bolted to the sides of the pile/beam, or four-by-four
or larger braces framed into the pile/beam. Bolting shall consist
of two 5/8-inch galvanized steel bolts (each end) for two-by-eight
members, or one 5/8-inch lag bolt (each end) for square members. Knee
braces shall not extend more than three feet below the elevation of
the base flood.
(5)
Column foundation design. Masonry piers or poured-in-place
concrete piers shall be internally reinforced to resist vertical and
lateral loads, and be connected with a movement-resisting connection
to a pile cap or pile shaft.
(6)
Connectors and fasteners. Galvanized metal connectors,
wood connectors, or bolts of size and number adequate for the calculated
loads must be used to connect adjoining components of a structure.
Toe nailing as a principal method of connection is not permitted.
All metal connectors and fasteners used in exposed locations shall
be steel, hot-dipped galvanized after fabrication. Connectors in protected
interior locations shall be fabricated from galvanized sheet.
(7)
Beam to pile connections. The primary floor beams
or girders shall span the supports in the direction parallel to the
flow of potential floodwater and wave action and shall be fastened
to the columns or pilings by bolting, with or without cover plates.
Concrete members shall be connected by reinforcement, if cast in place,
or (of precast) shall be securely connected by bolting and welding.
If sills, beams, or girders are attached to wood piling at a notch,
a minimum of two 5/8-inch galvanized steel bolts or two hot-dipped
galvanized straps 3/16 inch by four inches by 18 inches, each bolted
with two 1/2-inch lag bolts per beam member, shall be used. Notching
of pile tops shall be the minimum sufficient to provide ledge support
for beam members without unduly weakening pile connections. Piling
shall not be notched so that the cross-section is reduced below 50%.
(8)
Floor and deck connections.
(a)
Wood two-inch by four-inch (minimum) connectors
or metal joist anchors shall be used to tie floor joists to floor
beams/girders. These should be installed on alternate floor joists,
at a minimum. Cross bridging of all floor joists shall be provided.
Such cross-bridging may be one-inch by three-inch members, placed
eight feet on-center maximum, or solid bridging of the same depth
as joist at same spacing.
(b)
Plywood should be used for subflooring and attic
flooring to provide good torsional resistance in the horizontal plane
of the structure. The plywood should not be less than 3/4-inch total
thickness, and should be exterior grade and fastened to beams or joists
with 8d annular or spiral thread galvanized nails. Such fastening
shall be supplemented by the application of waterproof industrial
adhesive applied to all bearing surfaces.
(9)
Exterior wall connections. All bottom plates shall
have any required breaks under a wall stud or an anchor bolt. Approved
anchors will be used to secure rafters or joists and top and bottom
plates to studs in exterior and bearing walls to form a continuous
tie. Continuous 15/32-inch or thicker plywood sheathing, overlapping
the top wall plate and continuing down to the sill, beam, or girder,
may be used to provide the continuous tie. If the sheets of plywood
are not vertically continuous, then two-by-four nailer blocking shall
be provided at all horizontal joints. In lieu of the plywood, galvanized
steel rods of 1/2-inch diameter or galvanized steel straps not less
than one inch wide by 1/16 inch thick may be used to connect from
the top wall plate to the sill, beam, or girder. Washers with a minimum
diameter of three inches shall be used at each end of the 1/2-inch
round rods. These anchors shall be installed no more than two feet
from each corner rod, no more than four feet on center.
(10)
Ceiling joist/rafter connections.
(a)
All ceiling joists or rafters shall be installed
in such a manner that the joists provide a continuous tie across the
rafters. Ceiling joists and rafters shall be securely fastened at
their intersections. A metal or wood connector shall be used at alternate
ceiling joist/rafter connections to the wall top plate.
(b)
Gable roofs shall be additionally stabilized
by installing two-by-four blocking on two-foot centers between the
rafters at each gable end. Blocking shall be installed a minimum of
eight feet toward the house interior from each gable end.
(11)
Projecting members. All cantilevers and other projecting
members must be adequately supported and braced to withstand wind
and water uplift forces. Roof eave overhangs shall be limited to a
maximum of two feet and joist overhangs to a maximum of one foot.
Larger overhangs and porches will be permitted if designed, reviewed
or certified by a registered professional engineer or architect.
(12)
Roof sheathing.
(a)
Plywood, or other wood material, when used as
roof sheathing, shall not be less than 15/32 inch in thickness, and
shall be of exterior sheathing grade or equivalent. All attaching
devices for sheathing and roof coverings shall be galvanized or be
of other suitable corrosion-resistant material.
(b)
All corners, gable ends, and roof overhangs
exceeding six inches shall be reinforced by the application of waterproof
industrial adhesive applied to all bearing surfaces of any plywood
sheet used in the sheathing of such corner, gable end, or roof overhang.
(c)
In addition, roofs should be sloped as steeply
as practicable to reduce uplift pressures, and special care should
be used in securing ridges, hips, valleys, eaves, vents, chimneys,
and other points of discontinuity in the roofing surface.
(13)
Protection of openings. All exterior glass panels,
windows, and doors shall be designed, detailed, and constructed to
withstand loads due to the design wind speed of 110 miles per hour.
Connections for these elements must be designed to transfer safely
the design loads to the supporting structure. Panel widths of multiple-panel
sliding glass doors shall not exceed three feet.
(14)
Breakaway wall design standards.
(a)
The breakaway wall shall have a design safe
loading resistance of not less than 10 pounds per square foot and
not more than 20 pounds per square foot, with the criterion that the
safety of the overall structure at the point of wall failure be confirmed
using established procedures. Grade beams shall be installed in both
directions for all piles considered to carry the breakaway wall load.
Knee braces are required for front row piles that support breakaway
walls.
(b)
Use of breakaway wall strengths in excess of
20 pounds per square foot shall not be permitted unless a registered
professional engineer or architect has developed or reviewed the structural
design and specifications for the building foundation and breakaway
wall components, and certifies that (1) the breakaway walls will fail
under water loads less than those that would occur during the base
flood; and (2) the elevated portion of the building and supporting
foundation system will not be subject to collapse, displacement, or
other structural damage due to the effects of wind and water loads
acting simultaneously on all building components (structural and nonstructural).
Water loading values used shall be those associated with the base
flood. Wind loading values shall be those required by the building
code.
E.
Nonresidential structures (except coastal high-hazard areas). The following standards apply to new and substantially improved commercial, industrial and other nonresidential structures, in addition to the requirements in § 100-5A(1), Subdivision proposals, § 100-5A(2), Encroachments, and § 100-5B, 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 § 100-5E(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 this chapter, 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.
F.
Standards for nonresidential structures within coastal
high-hazard areas. In Zones V1-V30 and VE, and also Zone V if base
flood elevations are available, new construction and substantial improvements
of any nonresidential structure, together with attendant utility and
sanitary facilities, shall have the bottom of the lowest member of
the lowest floor elevated to or above the base flood elevation. Floodproofing
of structures is not an allowable alternative to elevating the lowest
floor to the base flood elevation in Zones V1-V30, VE and V.
G.
Manufactured homes and recreational vehicles. The following standards, in addition to the standards in § 100-5A, General construction standards, and § 100-5B, 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)
Recreational vehicles placed on sites within Zones A1-A30, AE, AH, V1-V30, V, and VE shall either: be on site fewer than 180 consecutive days; be fully licensed and ready for highway use; or meet the requirements for manufactured homes in § 100-5E(2), (3) and (4). A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick-disconnect-type utilities and security devices and has no permanently attached additions.
(2)
A manufactured home that is placed or substantially
improved in Zones A1-A30, AE, AH, V1-V30, V, and VE 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. Elevation on piers consisting of dry stacked blocks is prohibited.
(3)
Within Zone A or V, 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. Elevation on piers
consisting of dry stacked blocks is prohibited.
(4)
Within Zone AO, the floor shall be elevated above the highest adjacent grade at least as high as the depth number specified on the Flood Insurance Rate Map enumerated in § 100-3B (at least two feet if no depth number is specified). Elevation on piers consisting of dry stacked blocks is prohibited.
A.
Appeals board.
(1)
The Board of Appeals as established by the City of
Rye shall hear and decide appeals and requests for variances from
the requirements of this chapter.
(2)
The Board of Appeals 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 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 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; 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 D
and the purposes of this chapter, the Board of Appeals 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 one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided items in § 100-6A(4) have been fully considered. As the lot size increases beyond the one-half 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
local laws or ordinances.
(7)
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 a community official
that the cost of flood insurance will be commensurate with the increased
risk resulting from lowest floor elevation.
