The Code Official 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 insuring 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 § 100-6, without a valid floodplain development permit. Application for a permit shall be made on forms furnished by the Code Official 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 in an amount established by resolution
of the Board of Trustees. In addition, the applicant shall be responsible
for reimbursing the Village for any additional costs necessary for
review, inspection and approval of this project. The Code Official
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 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 Code Official the as-built
elevation, certified by a licensed professional engineer or surveyor.
B.
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 Zones 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 Code Official the as-built elevation, certified
by a licensed professional engineer or surveyor.
C.
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 Code Official the as-built floodproofed
elevation, certified by a professional engineer or surveyor.
D.
A certificate from a licensed professional engineer or architect that any utility floodproofing will meet the criteria in § 100-15C, Utilities.
E.
A certificate from a licensed professional engineer or architect that any nonresidential floodproofed structure will meet the floodproofing criteria in § 100-18, Nonresidential structures (except coastal high hazard areas.)
F.
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 § 100-6, when notified by the Code Official, 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.
G.
A technical analysis, by a licensed professional engineer, if required
by the Code Official, which shows whether proposed development to
be located in an area of special flood hazard may result in physical
damage to any other property.
H.
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.
I.
In Zones V1-V30 and VE, and also Zone V if base flood elevation are
available, or in an area of moderate wave action, 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.
J.
In Zones V1-V30 and VE, and also Zone V if base flood elevation are
available, or in an area of moderate wave action, 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.
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 § 100-12, Permit application requirements, 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 Article V, Construction Standards and, in particular, § 100-14B, 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 Code Official 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 Article V, 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 Code Official 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 § 100-12G, 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, or in an area of
moderate wave action, the Code Official 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:
(1)
Notification
to adjacent communities and the New York State Department of Environmental
Conservation prior to permitting any alteration or relocation of a
watercourse, and submittal of 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, 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)
In Zones V1-V30 and VE, and also Zone V if base flood elevation data
are available, or in an area of moderate wave action, upon placement
of the lowest floor of a new or substantially improved structure,
the permit holder shall submit to the Code Official 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). 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. 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).
(3)
Any further work undertaken prior to submission and approval of the
certification shall be at the permit holder's risk. The Code
Official 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 Code Official 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 Code Official 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 § 100-8 of this chapter.
(2)
The Code Official 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 § 100-8 of this chapter.
G.
Certificate of compliance.
(1)
In areas of special flood hazard, as determined by documents enumerated in § 100-6, 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 Code Official stating that the building or land conforms to the requirements of this chapter.
(2)
A certificate of compliance shall be issued by the Code Official
upon satisfactory completion of all development in areas of special
flood hazard.
H.
Information to be retained. The Code Official shall retain and make
available for inspection copies of the following:
(1)
Floodplain development permits and certificates of compliance;
(2)
Certifications of as-built lowest floor elevations of structures, required pursuant to § 100-13D(1) and (2), and whether or not the structures contain a basement;
(3)
Floodproofing certificates required pursuant to § 100-13D(1), and whether or not the structures contain a basement;
