[HISTORY: Adopted by the Board of Trustees of the Village
of Wappingers Falls 4-11-2012 by L.L. No. 3-2012.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Property maintenance — See Ch. 114.
Sewers — See Ch. 122.
Stormwater management — See Ch. 131.
Water — See Ch. 148.
Zoning — See Ch. 151.
[1]
Editor's Note: This chapter also repealed former Ch.
83, Flood Damage Prevention, adopted 8-11-1999 by L.L. No. 3-1999.
The Board of Trustees of the Village of Wappingers Falls finds
that the potential and/or actual damages from flooding and erosion
may be a problem to the residents of the Village of Wappingers Falls
and that such damages may include destruction or loss of private and
public housing, damage to public facilities, both publicly and privately
owned, and injury to and loss of human life. In order to minimize
the threat of such damages and to achieve the purposes and objectives
hereinafter set forth, this chapter is adopted.
It is the purpose of this chapter to promote the public health,
safety and general welfare and to minimize public and private losses
due to flood conditions in specific areas by provisions designed to:
A.
Regulate
uses which are dangerous to health, safety and property due to water
or erosion hazards or which result in damaging increases in erosion
or in flood heights or velocities.
B.
Require
that uses vulnerable to floods, including facilities which serve such
uses, be protected against flood damage at the time of initial construction.
C.
Control
the alteration of natural floodplains, stream channels and natural
protective bathers which are involved in the accommodation of floodwaters.
D.
Control
filling, grading, dredging and other development which may increase
erosion or flood damages.
E.
Regulate
the construction of flood barriers which will unnaturally divert floodwaters
or which may increase flood hazards to other lands.
F.
Qualify
for and maintain participation in the National Flood Insurance Program.
The objectives of this chapter are to:
A.
Protect
human life and health.
B.
Minimize
expenditure of public money for costly flood control projects.
C.
Minimize
the need for rescue and relief efforts associated with flooding and
generally undertaken at the expense of the general public.
D.
Minimize
prolonged business interruptions.
E.
Minimize
damage to public facilities and utilities such as water and gas mains,
electric, telephone, sewer lines, streets and bridges located in areas
of special flood hazard.
F.
Help
maintain a stable tax base by providing for the sound use and development
of areas of special flood hazard so as to minimize future flood blight
areas.
G.
Provide
that developers are notified that property is in an area of special
flood hazard.
H.
Ensure
that those who occupy the areas of special flood hazard assume responsibility
for their actions.
Unless specifically defined below, words or phrases used in
this chapter shall be interpreted so as to give them the 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 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 pending 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, Al-A30, A99, V, VO,
VE or Vl-V30. It is also commonly referred to as the base floodplain
or one-hundred-year floodplain. For purposes of this chapter, the
term "special flood hazard area (SFHA)" is synonymous in meaning with
the phrase "area of special flood hazard."
The flood having a one-percent chance of being equaled or
exceeded in any given year.
That portion of a building having its floor subgrade (below
ground level) on all sides.
See "structure."
The same meaning as "basement."
An enclosed area beneath the lowest elevated floor, 18 inches
or more in height, which is used to service the underside of the lowest
elevated floor. The elevation of the floor of this enclosed area,
which may be of soil, gravel, concrete or other material, must be
equal to or above the lowest adjacent exterior grade. The enclosed
crawl space area shall be properly vented to allow for the equalization
of hydrostatic forces which would be experienced during periods of
flooding.
Structures or facilities that produce, use, or store highly
volatile, flammable, explosive, toxic and/or water-reactive materials;
Hospitals, nursing homes, and housing likely to contain occupants
who may not be sufficiently mobile to avoid death or injury during
a flood;
Police stations, fire stations, vehicle and equipment storage
facilities, and emergency operations centers that are needed for flood
response activities before, during, and after a flood; and
Public and private utility facilities that are vital to maintaining
or restoring normal services to flooded areas before, during, and
after a flood.
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 Al-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 V1-30, 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 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 Al-A30, AE, A, A99, AO, AH,
B, C, X or D, elevated building also includes a building elevated
by means of fill or solid foundation perimeter walls with openings
sufficient to facilitate the unimpeded movement of floodwaters. In
the case of Zones V1-V30, VE or V, elevated building also includes
a building otherwise meeting the definition of "elevated building,"
even though the lower area is enclosed by means of breakaway walls
that meet the federal standards.
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets and either final site grading or the pouring
of concrete pads) is complete before the effective date of the floodplain
management regulations adopted by the community.
The preparation of additional sites by the construction of
facilities for servicing the lots on which the manufactured homes
are to be affixed (including the installation of utilities, the construction
of streets and either final site grading or the pouring of concrete
pads).
The federal agency that administers the National Flood Insurance
Program.
An official map of the community published by the Federal
Emergency Management Agency as part of a riverine community's
Flood Insurance Study. The FBFM delineates a regulatory floodway along
watercourses studied in detail in the Flood Insurance Study.
An examination, evaluation and determination of the flood
hazards and, if appropriate, corresponding water surface elevations,
or an examination, evaluation and determination of flood-related erosion
hazards.
An official map of a community, issued by the Federal Emergency
Management Agency, where the boundaries of the areas of special flood
hazard have been designated as Zone A but no flood elevations are
provided.
An official map of a community on which the Federal Emergency
Management Agency has delineated both the areas of special flood hazard
and the risk premium zones applicable to the community.
See "flood elevation study."
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 A(l) above.
Any land area susceptible to being inundated by water from
any source (see definition of "flooding").
Any combination of structural and nonstructural additions,
changes or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
The same meaning as "regulatory floodway."
A use which cannot perform its intended purpose unless it
is located or carried out in close proximity to water, such as a docking
or port facility necessary for the loading and unloading of cargo
or passengers, shipbuilding and ship repair facilities. The term does
not include long-term storage, manufacturing, sales or service facilities.
The highest natural elevation of the ground surface, prior
to construction, next to the proposed walls of a structure.
Any structure that is:
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of the Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
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 Code Enforcement Officer,
Building Inspector or employee of an engineering department.
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 of 1988 (NGVD 88), or other datum,
to which base flood elevations shown on a community's Flood Insurance
Rate Map are referenced.
The same meaning as "manufactured home."
Structures for which the start of construction commenced
on or after the effective date of a floodplain management regulation
adopted by the community and includes any subsequent improvements
to such structure.
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets and either final site grading or the pouring
of concrete pads) is completed on or after the effective date of floodplain
management regulations adopted by a community.
The same meaning as "base flood."
That 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.
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 defined by the Federal Emergency Management Agency in a Flood Insurance Study or by other agencies as provided in § 83-14B of this chapter.
The date of permit issuance for new construction and substantial
improvements to existing structures, provided that actual start of
construction, repair, reconstruction, rehabilitation, addition placement,
or other improvement is within 180 days after the date of issuance.
The actual start of construction means the first placement of permanent
construction of a building (including a manufactured home) on a site,
such as the pouring of a slab or footings, installation of pilings
or construction 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,
however, include either:
Any project for improvement of a structure to correct existing
violations of state or local health, sanitary, or safety code specifications
which have been identified by the local code enforcement official
and which are the minimum necessary to assure safe living conditions;
or
Any alteration of an historic structure, provided that the alteration
will not preclude the structure's continued designation as an
historic structure.
A grant of relief from the requirements of this chapter which
permits construction or use in a manner that would otherwise be prohibited
by this chapter.
The failure of a structure or other development to be fully
compliant with the community's flood plan management regulations.
This chapter shall apply to all areas of special flood hazard
within the jurisdiction of the Village of Wappingers Falls, Dutchess
County.
A.
The
areas of special flood hazard for the Village of Wappingers Falls,
Community Number 360223, are identified and defined on the following
documents prepared by the Federal Emergency Management Agency:
(1)
Flood Insurance Rate Map Panel Numbers 36027C0456E, 36027C0457E,
36027C0458E, 36027C0459E whose effective date is May 2, 2012, and
any subsequent revisions to these map panels that do not affect areas
under our community's jurisdiction.
(2)
A scientific and engineering report entitled "Flood Insurance Study,
Dutchess County, New York, All Jurisdictions" dated May 2, 2012.
B.
The
above documents are hereby adopted and declared to be a part of this
chapter. The Flood Insurance Study and/or maps are on file at: Zoning
Office, 7 Spring Street, Wappingers Falls, New York 12590.
A.
This
chapter includes all revisions to the National Flood Insurance Program
through October 27, 1997, and shall supersede all previous laws adopted
for the purpose of flood damage prevention.
B.
In
their interpretation and application, the provisions of this chapter
shall be held to be minimum requirements, adopted for the promotion
of the public health, safety and welfare. Whenever the requirements
of this chapter are at variance with the requirements of any other
lawfully adopted rules, regulations or ordinances, the most restrictive,
or that imposing the higher standards, shall govern.
The invalidity of any section or provision of this chapter shall
not invalidate any other section or provision thereof.
[Amended 7-31-2013 by L.L. No. 4-2013]
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 $2,500 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 Village of Wappingers Falls 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 §§ 83-21 and 83-22 will be declared noncompliant and notification sent to the Federal Emergency Management Agency.
The degree of flood protection required by this chapter is considered
reasonable for regulatory purposes and is based on scientific and
engineering considerations. Larger floods can and will occur on rare
occasions. Flood heights may be increased by man-made or natural causes.
This chapter does not imply that land outside the 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 Village of Wappingers Falls, any officer or employee
thereof or the Federal Emergency Management Agency for any flood damages
that result from reliance on this chapter or any administrative decision
lawfully made thereunder.
The Code Enforcement Officer is hereby appointed local administrator
to administer and implement this chapter by granting or denying floodplain
development permits in accordance with its provisions.
A.
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 § 83-6, 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.
B.
Fees. All applications for a floodplain development permit shall
be accompanied by an application fee of $25. In addition, the applicant
shall be responsible for reimbursing the Village of Wappingers Falls
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.
The applicant shall provide the following information as appropriate.
Additional information may be required on the permit application form.
A.
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 zones Al-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.
B.
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.
C.
A certificate from a licensed professional engineer or architect that any utility floodproofing will meet the criteria in § 83-16C, Utilities.
D.
A certificate from a licensed professional engineer or architect that any nonresidential floodproofed structure will meet the floodproofing criteria in § 83-18, Nonresidential structures.
E.
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 § 83-6, when notified by the local administrator, and must pay any fees or other costs assessed by FEMA for this purpose. The applicant must also provide assurances that the conveyance capacity of the altered or relocated stream segment will be maintained.
F.
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.
G.
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.
H.
For any activity regulated by this chapter that meets the definition of land development activities, as such are defined in § 131-3, the applicant is required to submit a stormwater pollution prevention plan (SWPPP) and otherwise comply with the provisions of Chapter 131, Stormwater Management, Article I, Erosion and Sediment Control.
Duties of the local administrator shall include, but not be
limited to, the following:
A.
Permit application review. The local administrator shall conduct
the following permit application review before issuing a floodplain
development permit:
(1)
Review all applications for completeness, particularly with the requirements of § 83-13, Application for permit, and for compliance with the provisions and standards of this chapter.
(2)
Review subdivision and other proposed new development, including manufactured home parks, to determine whether proposed building sites will be reasonably safe from flooding. If a proposed building site is located in an area of special flood hazard, all new construction and substantial improvements shall meet the applicable standards of §§ 83-15 through 83-19, regarding construction standards and, in particular, § 83-15A, Subdivision proposals.
(3)
Determine whether any proposed development in an area of special flood hazard may result in physical damage to any other property (e.g., stream bank erosion and increased flood velocities). The local administrator may require the applicant to submit additional technical analyses and data necessary to complete the determination. If the proposed development may result in physical damage to any other property or fails to meet the requirements of §§ 83-15 through 83-19, regarding 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.
(4)
Determine that all necessary permits have been received from those
governmental agencies from which approval is required by state or
federal law.
B.
Use of other flood data.
(1)
When the Federal Emergency Management Agency has designated areas of special flood hazard on the 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 § 83-13G, as criteria for requiring that new construction, substantial improvements or other proposed development meet the requirements of this chapter.
(2)
When base flood elevation data are not available, the local administrator
may use flood information from any other authoritative source, such
as historical data, to establish flood elevations within the areas
of special flood hazard, for the purposes of this chapter.
C.
Alteration of watercourses. The local administrator shall:
(1)
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.
(2)
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.
D.
Construction stage.
(1)
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).
(2)
Any further work undertaken prior to submission and approval of the
certification shall be at the permit holder's risk. The local
administrator shall review all data submitted. Deficiencies detected
shall be cause to issue a stop-work order for the project unless immediately
corrected.
E.
Inspections. The local administrator and/or the developer's
engineer or architect shall make periodic inspections at appropriate
times throughout the period of construction in order to monitor compliance
with permit conditions and enable said inspector to certify, if requested,
that the development is in compliance with the requirements of the
floodplain development permit and/or any variance provisions.
F.
Stop-work orders.
(1)
The local administrator shall issue, or cause to be issued, a stop-work order for any floodplain development found ongoing without a development permit. Disregard of a stop-work order shall subject the violator to the penalties described in § 83-9 of this chapter.
(2)
The local administrator shall issue, or cause to be issued, a stop-work order for any floodplain development found noncompliant with the provisions of this chapter and/or the conditions of the development permit. Disregard of a stop-work order shall subject the violator to the penalties described in § 83-9 of this chapter.
G.
Certificate of compliance.
(1)
In areas of special flood hazard, as determined by documents enumerated in § 83-6, 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.
(2)
A certificate of compliance shall be issued by the local administrator
upon satisfactory completion of all development in areas of special
flood hazard.
H.
Information to be retained. The local administrator shall retain
and make available for inspection copies of the following:
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 § 83-6:
A.
Subdivision proposals. The following standards apply to all new subdivision
proposals and other proposed development in areas of special flood
hazard (including proposals for manufactured home and recreational
vehicle parks and subdivisions):
(1)
Proposals shall be consistent with the need to minimize flood damage.
(2)
Public utilities and facilities, such as sewer, gas, electrical and
water systems, shall be located and constructed so as to minimize
flood damage.
(3)
Adequate drainage shall be provided to reduce exposure to flood damage.
B.
Encroachments.
(1)
Within Zones A1-A30 and AE, on streams without a regulatory floodway,
no new construction, substantial improvements or other development
(including fill) shall be permitted unless:
(a)
The applicant demonstrates that the cumulative effect of the
proposed development, when combined with all other existing and anticipated
development, will not increase the water surface elevation of the
base flood more than one foot at any location; or
(b)
The Village of Wappingers Falls 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 Village of Wappingers
Falls for all fees and other costs in relation to the application.
The applicant must also provide all data, analyses and mapping and
reimburse the Village of Wappingers Falls 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 § 83-6, 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 Village of Wappingers Falls 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 Village of
Wappingers Falls for all fees and other costs in relation to the application.
The applicant must also provide all data, analyses and mapping and
reimburse the Village of Wappingers Falls for all costs related to
the final map revisions.
(3)
Whenever any portion of a floodplain is authorized for development,
the volume of space occupied by the authorized fill or structure below
the base flood elevation shall be compensated for and balanced by
a hydraulically equivalent volume of excavation taken from below the
base flood elevation at or adjacent to the development site. All such
excavations shall be constructed to drain freely to the watercourse.
No area below the waterline of a pond or other body of water can be
credited as a compensating excavation.
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 § 83-6:
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
Al-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:
(a)
A minimum of two openings having a total net area of not less
than one square inch for every square foot of enclosed area subject
to flooding; and
(b)
The bottom of all such openings no higher than one foot above
the lowest adjacent finished grade.
(c)
Openings may be equipped with louvers, valves, screens or other
coverings or devices, provided that they permit the automatic entry
and exit of floodwaters. 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 least two feet above the base flood elevation or be
designed to prevent water from entering and accumulating within the
components unless they conform to the appropriate provisions of the
electrical part of the Building Code of New York State or the Residential
Code of New York State for location of such items in wet locations:
(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; and
(4)
On-site waste disposal systems shall be located to avoid impairment
to them or contamination from them during flooding.
The following standards apply to new and substantially improved residential structures located in areas of special flood hazard, in addition to the requirements in sub-sections § 83-15A, Subdivision proposals, and § 83-15B, Encroachments, and section § 83-16, Standards for all structures.
A.
Elevation.
(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 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 one foot more than the depth number specified in feet on the community's Flood Insurance Rate Map enumerated in § 83-6 (two feet more than the 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.
The following standards apply to new and substantially improved commercial, industrial and other nonresidential structures, in addition to the requirements in § 83-15A, Subdivision proposals, and § 83-15B, Encroachments, and § 83-16, Standards for all structures.
A.
Within Zones Al-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:
(1)
Have the lowest floor, including basement or cellar, elevated to
two feet above the base flood elevation; or
(2)
Be floodproofed so that the structure is watertight two feet above
the base flood elevation, including attendant utility and sanitary
facilities, 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.
B.
Within Zone AO, new construction and substantial improvements of
nonresidential structures shall:
(1)
Have the lowest floor (including basement) elevated above the highest
adjacent grade at least two feet more than the depth number specified
in feet on the community's FIRM (at least two feet if no depth
number is specified); or
C.
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 § 83-18A(2), including the specific elevation (in relation to mean sea level) to which the structure is to be floodproofed.
D.
Within Zones AR and AO, adequate drainage paths are required to guide
floodwaters around and away from proposed structures on slopes.
E.
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 § 83-15, General standards for flood hazard reduction, and § 83-16, 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
Al-A30, AE and AH that is on a site either outside of an existing
manufactured home park or subdivision as herein defined; in a new
manufactured home park or subdivision as herein defined; in an expansion
to an existing manufactured home park or subdivision as herein defined;
or in an existing manufactured home park or subdivision as herein
defined on which a manufactured home has incurred substantial damage
as the result of a flood, shall be elevated on a permanent foundation
such that the lowest floor is elevated to two feet 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.
Methods of anchoring may include, but are not limited to, use of over-the-top
or frame ties to ground anchors.
C.
A manufactured home to be placed or substantially improved in Zone
A1-A30, AE and AH in an existing manufactured home park or subdivision
that is not to be placed on a site on which a manufactured home has
incurred substantial damage shall be:
(2)
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.
D.
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. Elevation on piers consisting of dry
stacked blocks is prohibited.
E.
Within Zone AO, the floor shall be elevated above the highest adjacent grade at least two feet more than the depth number specified on the Flood Insurance Rate Map enumerated in § 83-6 (at least two feet if no depth number is specified). Elevation on piers consisting of dry stacked blocks is prohibited.
In order to prevent potential flood damage to certain facilities
that would result in serious danger to life and health, or widespread
social or economic dislocation, no new critical facility shall be
located within any area of special flood hazard, or within any five-hundred-year
flood zone shown as a B zone or a Shaded X zone on the Community's
Flood Insurance Rate Maps.
A.
The Zoning Board of Appeals as established by the Village Board of
Trustees shall hear and decide appeals and requests for variances
from the requirements of this chapter.
B.
The Zoning 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.
C.
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.
D.
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:
(1)
The danger that materials may be swept onto other lands to the injury
of others.
(2)
The danger to life and property due to flooding or erosion damage.
(3)
The susceptibility of the proposed facility and its contents to flood
damage and the effect of such damage on the individual owner.
(4)
The importance of the services provided by the proposed facility
to the community.
(5)
The necessity to the facility of a waterfront location, where applicable.
(6)
The availability of alternative locations for the proposed use which
are not subject to flooding or erosion damage.
(7)
The compatibility of the proposed use with existing and anticipated
development.
(8)
The relationship of the proposed use to the comprehensive plan and
floodplain management program of that area.
(9)
The safety of access to the property in times of flood for ordinary
and emergency vehicles.
(10)
The costs to local governments and the dangers associated with
conducting search and rescue operations during periods of flooding.
(11)
The expected heights, velocity, duration, rate of rise and sediment
transport of the floodwaters and the effects of wave action, if applicable,
expected at the site.
(12)
The costs of providing governmental services during and after
flood conditions, including search and rescue operations, maintenance
and repair of public utilities and facilities such as sewer, gas,
electrical and water systems and streets and bridges.
E.
Upon consideration of the factors of § 83-21D 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 purposes of this chapter.
F.
The local administrator shall maintain the records of all appeal
actions, including technical information, and report any variances
to the Federal Emergency Management Agency upon request.
A.
Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided that the items in § 83-21D(1) through (12) have been fully considered. As the lot size increases beyond the 1/2 acre, the technical justification required for issuing the variance increases.
B.
Variances may be issued for the repair or rehabilitation of historic
structures upon determination that:
C.
Variances may be issued by a community for new construction and substantial
improvements and for other development necessary for the conduct of
a functionally dependent use, provided that:
D.
Variances shall not be issued within any designated floodway if any
increase in flood levels during the base flood discharge would result.
E.
Variances shall only be issued upon a determination that the variance
is the minimum necessary, considering the flood hazard, to afford
relief.
F.
Variances shall be issued only upon receiving written justification
of:
(1)
A showing of good and sufficient cause.
(2)
A determination that failure to grant the variance would result in
exceptional hardship to the applicant.
(3)
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.
