[HISTORY: Adopted by the Town Board of the
Town of Henrietta 8-20-2007 by L.L. No. 2-2008. Amendments noted where
applicable.]
The Town Board of the Town of Henrietta finds
that the potential and/or actual damages from flooding and erosion
may be a problem to the residents of the Town of Henrietta 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 barriers 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; and
F.
Qualify for and maintain participation in the National
Flood Insurance Program.
The objectives of this chapter are:
A.
To protect human life and health;
B.
To minimize expenditure of public money for costly
flood-control projects;
C.
To minimize the need for rescue and relief efforts
associated with flooding and generally undertaken at the expense of
the general public;
D.
To minimize prolonged business interruptions;
E.
To minimize damage to public facilities and utilities,
such as water and gas mains, electric, telephone, and sewer lines,
streets and bridges, located in areas of special flood hazard;
F.
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;
G.
To provide that developers are notified that property
is in an area of special flood hazard; and
H.
To ensure that those who occupy the areas of special
flood hazard assume responsibility for their actions.
A.
Unless specifically defined below, words or phrases
used in this chapter shall be interpreted so as to give them the meanings
they have in common usage and to give this chapter its most reasonable
application.
B.
APPEAL
AREA OF SHALLOW FLOODING
AREA OF SPECIAL FLOOD HAZARD
BASE FLOOD
BASEMENT
BREAKAWAY WALL
BUILDING
CELLAR
COASTAL HIGH-HAZARD AREA
CRAWL SPACE
DEVELOPMENT
ELEVATED BUILDING
(1)
(a)
(b)
(2)
FEDERAL EMERGENCY MANAGEMENT AGENCY
FLOOD BOUNDARY AND FLOODWAY MAP (FBFM)
FLOOD ELEVATION STUDY
FLOOD HAZARD BOUNDARY MAP (FHBM)
FLOOD INSURANCE RATE MAP (FIRM)
FLOOD INSURANCE STUDY
FLOOD or FLOODING
(1)
(2)
FLOODPLAIN or FLOOD-PRONE AREA
FLOODPROOFING
FLOODWAY
FUNCTIONALLY DEPENDENT USE
HIGHEST ADJACENT GRADE
HISTORIC STRUCTURE
(1)
(2)
(3)
(4)
LOCAL ADMINISTRATOR
LOWEST FLOOR
MANUFACTURED HOME
MANUFACTURED HOME PARK OR SUBDIVISION
MEAN SEA LEVEL
MOBILE HOME
NEW CONSTRUCTION
ONE-HUNDRED-YEAR FLOOD or 100-YEAR FLOOD
PRIMARY FRONTAL DUNE
PRINCIPALLY ABOVE GROUND
RECREATIONAL VEHICLE
(1)
(2)
(3)
(4)
REGULATORY FLOODWAY
SAND DUNES
START OF CONSTRUCTION
STRUCTURE
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
(1)
(2)
VARIANCE
As used in this chapter, the following terms shall
have the meanings indicated.
A request for a review of the local administrator's interpretation
of any provision of this chapter or a request for a variance.
A designated AO, AH or VO Zone on a community's Flood Insurance
Rate Map (FIRM) with a one-percent or greater annual chance of flooding
to an average annual depth of one to three feet, where a clearly defined
channel does not exist, where the path of flooding is unpredictable
and where velocity flow may be evident. Such flooding is characterized
by ponding or sheet flow.
The land in the floodplain within a community subject to
a one-percent or greater chance of flooding in any given year. This
area may be designated as Zone A, AE, AH, AO, A1-A30, A99, V, VO,
VE, or V1-V30. It is also commonly referred to as the "base floodplain"
or "one-hundred-year floodplain." For purposes of this chapter, the
term "special flood hazard area (SFHA)" is synonymous in meaning with
the phrase "area of special flood hazard."
The flood having a one-percent chance of being equaled or
exceeded in any given year.
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:
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 structural 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 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.
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 (1) 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.
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 l929, 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.
A structure with at least 5l% of its actual cash value, excluding
land value, 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 § 125-12B 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 the 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.
This chapter shall apply to all areas of special
flood hazard within the jurisdiction of the Town of Henrietta, Monroe
County.
A.
The areas of special flood hazard are identified and
defined on the following documents prepared by the Federal Emergency
Management Agency:
(1)
Flood Insurance Rate Map (single panel) Nos. 36055C-0329G,
36055C-0333G, 36055C-0334G, 36055C-0336G, 36055C-0337G, 36055C-0338G,
36055C-0339G, 36055C-0341G, 36055C-0342G, 36055C-0343G, 36055C-0344G,
36055C-0351G, 36055C-0352G, 36055C-0353G, 36055C-0354G, 36055C-0356G,
36055C-0358G, 36055C-0361G, 36055C-0362G, 36055C-0363G, 36055C-0364G,
whose effective date is August 28, 2008.
(2)
A scientific and engineering report entitled "Flood
Insurance Study, Monroe County, New York, All Jurisdictions," dated
August 28, 2008.
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 the Town of Henrietta, Department of Engineering/Planning,
475 Calkins Road, Henrietta, New York, 14467.
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, ordinances, or local
laws, the most restrictive, or that imposing the higher standards,
shall govern.
[Amended 9-27-2023 by L.L. No. 9-2023]
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. Failure to comply with this chapter shall constitute a violation, and, upon conviction thereof, shall be subject to a fine of up to $250. Each day of noncompliance shall be considered a separate offense. Nothing herein contained shall prevent the Town of Henrietta 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 §§ 125-18 and 125-19 will be declared noncompliant, and notification shall be 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
areas of special flood hazard or uses permitted within such areas
will be free from flooding or flood damages. This chapter shall not
create liability on the part of the Town of Henrietta, 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 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.
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 § 125-6, 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 as established by
the Town Board of the Town of Henrietta. In addition, the applicant
shall be responsible for reimbursing the Town of Henrietta for any
additional costs necessary for review, inspection and approval of
the 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 is available. Upon completion of the
lowest floor, the permittee shall submit to the local administrator
the as-built elevation, certified by a licensed professional engineer
or surveyor.
(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 is available. Upon completion of the lowest floor,
the permittee shall submit to the local administrator the as-built
elevation, certified by a licensed professional engineer or surveyor.
(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 § 125-14C, Utilities.
(5)
A certificate from a licensed professional engineer or architect that any nonresidential floodproofed structure will meet the floodproofing criteria in § 125-16, Nonresidential structures.
(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 § 125-6, 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.
(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 is available
from other sources, base flood elevation data shall be provided by
the permit applicant for subdivision proposals and other proposed
developments (including proposals for manufactured home and recreational
vehicle parks and subdivisions) that are greater than either 50 lots
or five acres.
(9)
In Zones V1-V30 and VE, and also Zone V if base flood
elevation data is 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 data is 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.
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 § 125-11C, Application for a 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 §§ 125-13 through 125-17, general construction standards, and in particular, § 125-13A, 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 applicable requirements of §§ 125-13 through 125-17, general 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 § 125-11C(7), as criteria for requiring that new construction, substantial improvements or other proposed development meets the requirements of this chapter.
(2)
When base flood elevation data is not available, the
local administrator may use flood information from any other authoritative
source, such as historical data, to establish flood elevations within
the areas of special flood hazard for the purposes of this chapter.
C.
Alteration of watercourses. The local administrator
shall:
(1)
Provide notification to 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 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.
D.
Construction stage.
(1)
In Zones A1-A30, AE and AH, and also Zone A if base
flood elevation data is available, upon placement of the lowest floor
or completion of floodproofing of a new or substantially improved
structure, 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)
In Zones V1-V30 and VE, and also Zone V if base flood
elevation data is 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). 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 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 § 125-8 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 § 125-8 of this chapter.
G.
Certificate of compliance.
(1)
In areas of special flood hazard, as determined by documents enumerated in § 125-6, 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:
(1)
Floodplain development permits and certificates of
compliance;
(2)
Certifications of as-built lowest floor elevations of structures, required pursuant to § 125-12D(1) and (2), and whether or not the structures contain a basement;
(3)
Floodproofing certificates required pursuant to § 125-12D(1), and whether or not the structures contain a basement;
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 § 125-6:
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; and
(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 Town of Henrietta agrees to apply to the
Federal Emergency Management Agency (FEMA) for a conditional FIRM
revision, FEMA approval is received and the applicant provides all
necessary data, analyses and mapping and reimburses the Town of Henrietta
for all fees and other costs in relation to the application. The applicant
must also provide all data, analyses and mapping and reimburse the
Town of Henrietta 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 § 125-6, 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 the occurrence of the base flood; or
(b)
The Town of Henrietta agrees to apply to the
Federal Emergency Management Agency (FEMA) for a conditional FIRM
and floodway revision, FEMA approval is received and the applicant
provides all necessary data, analyses and mapping and reimburses the
Town of Henrietta for all fees and other costs in relation to the
application. The applicant must also provide all data, analyses and
mapping and reimburse the Town of Henrietta for all costs related
to the final map revisions.
A.
Anchoring. New structures and substantial improvements
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 Zone A1-A30, AE or AH, and also Zone A if base flood elevation
data is available, new and substantially improved structures shall
have fully enclosed areas below the lowest floor that are useable
solely for parking of vehicles, building access or storage in an area
other than a basement and which are subject to flooding designed to
automatically equalize hydrostatic flood forces on exterior walls
by allowing for the entry and exit of floodwaters.
(a)
Designs for meeting this requirement must either
be certified by a licensed professional engineer or architect or meet
or exceed the following minimum criteria:
(b)
Openings may be equipped with louvers, valves,
screens or other coverings or devices, provided that they permit the
automatic entry and exit of floodwaters. Enclosed areas subgrade on
all sides are considered basements and are not permitted.
(4)
Within Zones V1-V30 and VE, and also within Zone V
if base flood elevation is 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 is subject to the design
requirements for breakaway walls.
C.
Utilities.
(1)
New and replacement electrical equipment, heating,
ventilating, air-conditioning, plumbing connections, and other service
equipment shall be located at or above the base flood elevation or
be designed to prevent water from accumulating within the components
during a flood and to resist hydrostatic and hydrodynamic loads and
stresses. Electrical wiring and outlets, switches, junction boxes
and panels shall be elevated to or above the base flood elevation
unless they conform to the appropriate provisions of the electrical
part of the Building Code of New York State or the Residential Code
of New York State for location of such items in wet locations;
(2)
New and replacement water supply systems shall be
designed to minimize or eliminate infiltration of floodwaters into
the system;
(3)
New and replacement sanitary sewage systems shall
be designed to minimize or eliminate infiltration of floodwaters.
Sanitary sewer and storm drainage systems for buildings that have
openings below the base flood elevation shall be provided with automatic
backflow valves or other automatic backflow devices that are installed
in each discharge line passing through a building's exterior wall;
and
(4)
On-site waste disposal systems shall be located to
avoid impairment to them or contamination from them during flooding.
A.
Elevation. The following standards apply to new and substantially improved residential structures located in areas of special flood hazard, in addition to the requirements in § 125-13A, Subdivision proposals, § 125-13B, Encroachments, and § 125-14, Standards for all structures:
(1)
Within Zones A1-A30, AE and AH, and also Zone A if
base flood elevation data is available, new construction and substantial
improvements shall have the lowest floor (including basement) elevated
to or above two feet above the base flood elevation.
(2)
Within Zone A, when no base flood elevation data is
available, new and substantially improved structures shall have the
lowest floor (including basement) elevated at least three feet above
the highest adjacent grade.
(3)
Within Zone AO, new and substantially improved structures shall have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as two feet above the depth number specified in feet on the community's Flood Insurance Rate Map enumerated in § 125-6 (at least two feet if no depth number is specified).
(4)
Within Zones AH and AO, adequate drainage paths are
required to guide floodwaters around and away from proposed structures
on slopes.
The following standards apply to new and substantially improved commercial, industrial and other nonresidential structures in areas of special flood hazard, in addition to the requirements in § 125-13A, Subdivision proposals, § 125-13B, Encroachments, and § 125-14, Standards for all structures:
A.
Within Zones A1-A30, AE and AH, and also Zone A if
base flood elevation data is available, new construction and substantial
improvements of any nonresidential structure, together with attendant
utility and sanitary facilities, shall either:
(1)
Have the lowest floor, including basement or cellar,
elevated to or above two feet above the base flood elevation; or
(2)
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.
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 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
(2)
Together with attendant utility and sanitary facilities, be completely floodproofed to that level to meet the floodproofing standard specified in § 125-16A(2).
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 § 125-16A(2), including the specific elevation (in relation to mean sea level) to which the structure is to be floodproofed.
D.
Within Zones AH 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 is
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 § 125-13, General construction standards, and § 125-14, Standards for all structures, apply, as indicated, in areas of special flood hazard to manufactured homes and to recreational vehicles which are located in areas of special flood hazard:
A.
B.
A manufactured home that is placed or substantially
improved in Zones A1-A30, AE, 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.
C.
Within Zone A or V, when no base flood elevation data
is available, new and substantially improved manufactured homes shall
be elevated such that the manufactured home chassis is supported by
reinforced piers or other foundation elements of at least equivalent
strength that are no less than 36 inches in height above grade and
are securely anchored to an adequately anchored foundation system
to resist flotation, collapse or lateral movement. Elevation on piers
consisting of dry stacked blocks is prohibited.
A.
The Zoning Board of Appeals as established by the
Town of Henrietta 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; and
(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 Subsection D 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
§ 125-18D(4)[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 a 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 only be issued 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; and
(3)
A determination that the granting of a variance will
not result in increased flood heights, additional threats to public
safety, or extraordinary public expense, create nuisances, cause fraud
on or victimization of the public or conflict with existing local
laws or ordinances.
G.
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 the lowest floor elevation. Such notification shall be maintained with the record of all variance actions as required in § 125-12H of this chapter.
