[HISTORY: Adopted by the Town Board of the Town of Brookhaven 6-23-2009 by L.L. No.
14-2009, effective 6-29-2009.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Building construction administration — See Ch. 16.
Grading — See Ch. 35.
Unsafe buildings and excavated lands — See Ch. 73.
Wetlands — See Ch. 81.
Zoning — See Ch. 85.
Subdivision regulations — See Appendix.
[1]
Editor's Note: This local law also repealed former Ch.
33, Flood Damage Prevention, adopted 7-11-1995 by L.L. No. 16-1995,
effective 7-17-1995, as amended.
A.
Findings.
The Town Board of the Town of Brookhaven finds that the potential
and/or actual damages from flooding and erosion may be a problem to
the residents of the Town of Brookhaven and that such damages may
include: destruction or loss of private and public housing, damage
to public facilities, both publicly and privately owned, and injury
to and loss of human life. In order to minimize the threat of such
damages and to achieve the purposes and objectives hereinafter set
forth, this chapter is adopted.
B.
Statement
of purpose. It is the purpose of this chapter to promote the public
health, safety, and general welfare, and to minimize public and private
losses due to flood conditions in specific areas by provisions designed
to:
(1)
Regulate uses which are dangerous to health, safety and property
due to water or erosion hazards, or which result in damaging increases
in erosion or in flood heights or velocities;
(2)
Require that uses vulnerable to floods, including facilities which
serve such uses, be protected against flood damage at the time of
initial construction;
(3)
Control the alteration of natural floodplains, stream channels, and
natural protective barriers which are involved in the accommodation
of floodwaters;
(4)
Control filling, grading, dredging and other development which may
increase erosion or flood damages;
(5)
Regulate the construction of flood barriers which will unnaturally
divert floodwaters or which may increase flood hazards to other lands;
and
(6)
Qualify for and maintain participation in the National Flood Insurance
Program.
C.
Objectives.
The objectives of this chapter are to:
(1)
Protect human life and health;
(2)
Minimize expenditure of public money for costly flood control projects;
(3)
Minimize the need for rescue and relief efforts associated with flooding
and generally undertaken at the expense of the general public;
(4)
Minimize prolonged business interruptions;
(5)
Minimize damage to public facilities and utilities such as water
and gas mains, electric, telephone, sewer lines, streets and bridges
located in areas of special flood hazard;
(6)
Help maintain a stable tax base by providing for the sound use and
development of areas of special flood hazard so as to minimize future
flood blight areas;
(7)
Provide that developers are notified that property is in an area
of special flood hazard; and
(8)
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.
The portion of the SFHA landward of a V Zone or landward
of an open coast without mapped V Zones, in which the principal sources
of flooding are astronomical tides, storm surges, seiches, or tsunamis,
not riverine sources. Areas of moderate wave action may be subject
to wave effects, velocity flows, erosion, scour, or combinations of
these forces and are treated as V Zones. The area of moderate wave
action is an area within a Zone AE that is bounded by a line labeled
"Limit of Moderate Wave Action."
A designated AO, AH or VO Zone on a community's Flood
Insurance Rate Map (FIRM) with a one-percent or greater annual chance
of flooding to an average annual depth of one foot to three feet where
a clearly defined channel does not exist, where the path of flooding
is unpredictable and where velocity flow may be evident. Such flooding
is characterized by ponding or sheet flow.
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 "100-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."
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. The coastal high-hazard area shall also include areas
on a FIRM within a Zone AE that is bounded by a line labeled "Limit
of Moderate Wave Action."
An enclosed area beneath the lowest elevated floor, 18 inches
or more in height, which is used to service the underside of the lowest
elevated floor. The elevation of the floor of this enclosed area,
which may be of soil, gravel, concrete or other material, must be
equal to or above the lowest adjacent exterior grade. The enclosed
crawl space area shall be properly vented to allow for the equalization
of hydrostatic forces which would be experienced during periods of
flooding.
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining,
dredging, filling, paving, excavation or drilling operations or storage
of equipment or materials.
A nonbasement building (i) built, in the case of a building
in Zone A1-A30, AE, A, A99, AO, AH, B, C, X, or D, to have the top
of the elevated floor, or in the case of a building in Zone V1-30,
VE, or V, or area of moderate wave action, to have the bottom of the
lowest horizontal structure member of the elevated floor, elevated
above the ground level by means of pilings, columns (posts and piers),
or shear walls parallel to the flow of the water and (ii) adequately
anchored so as not to impair the structural integrity of the building
during a flood of up to the magnitude of the base flood. In the case
of Zone A1-A30, AE, A, A99, AO, AH, B, C, X, or D, "elevated building"
also includes a building elevated by means of fill or solid foundation
perimeter walls with openings sufficient to facilitate the unimpeded
movement of floodwaters. In the case of Zone V1-V30, VE, or V, "elevated
building" also includes a building otherwise meeting the definition
of "elevated building," even though the lower area is enclosed by
means of breakaway walls that meet the federal standards.
The federal agency that administers the National Flood Insurance
Program.
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 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 Building Inspector,
Code Enforcement Officer, or employee of an engineering department.
The lowest floor of the lowest enclosed area (including basement
or cellar). An unfinished or flood-resistant enclosure, usable solely
for parking of vehicles, building access, or storage in an area other
than a basement area, is not considered a building's lowest floor;
provided that such enclosure is not built so as to render the structure
in violation of the applicable nonelevation design requirements of
this chapter.
A structure, transportable in one or more sections, which
is built on a permanent chassis and designed to be used with or without
a permanent foundation when connected to the required utilities. The
term does not include a recreational vehicle.
A parcel (or contiguous parcels) of land divided into two
or more manufactured home lots for rent or sale.
For purposes of the National Flood Insurance Program, the
National Geodetic Vertical Datum (NGVD) of 1929, the North American
Vertical Datum of 1988 (NAVD 88), or other datum to which base flood
elevations shown on a community's Flood Insurance Rate Map are
referenced.
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.
The same meaning as "base flood."
A continuous or nearly continuous mound or ridge of sand
with relatively steep seaward and landward slopes immediately landward
and adjacent to the beach and subject to erosion and overtopping from
high tides and waves during major coastal storms. The inland limit
of the primary frontal dune occurs at the point where there is a distinct
change from a relatively steep slope to a relatively mild slope.
At least 51% of the actual 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; 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 § 33-4D(2) of this chapter.
Naturally occurring accumulations of sand in ridges or mounds
landward of the beach.
The date of permit issuance for new construction and substantial
improvements to existing structures, provided that 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,
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.
A.
Lands
to which this chapter applies. This chapter shall apply to all areas
of special flood hazard within the jurisdiction of the Town of Brookhaven,
Suffolk County, New York.
B.
Basis
for establishing the areas of special flood hazard.
(1)
The areas of special flood hazard for the Town of Brookhaven, Community
Number 365334, are identified and defined on the following documents
prepared by the Federal Emergency Management Agency:
(a)
Flood Insurance Rate Map Panel Numbers: 36103C0359H, 36103C0367H,
36103C0369H, 36103C03761-I, 36103C0377H, 36103C0378H, 36103C0379H,
36103C0383H, 36103C0384H, 36103C0390H, 36103C0395H, 36103C0403H, 36103C0404H,
36103C0408H, 36103C0409H, 36103C0415H, 36103C0420H, 36103C0428H, 36103C0437H,
36103C0439H, 36103C0440H, 36103C0443H, 36103C0444H, 36103C0461H, 36103C0462H,
36103C0463H, 36103C0464H, 36103C0660H, 36103C0680H, 36103C0685H, 36103C0690H,
36103C0693H, 36103C0694H, 36103C0695H, 36103C0705H, 36103C0710H, 36103C0713H,
36103C0715H, 36103C0716H, 36103C0717H, 36103C0718H, 36103C0719H, 36103C0730H,
36103C0731H, 36103C0735H, 36103C0736H, 36103C0737H, 36103C0738H, 36103C0739H,
36103C0741H, 36103C0742H, 36103C0743H, 36103C0744H, 36103C0751H, 36103C0752H,
36103C0753H, 36103C0761H, 36103C0763H, 36103C0884H, 36103C0894H, 36103C0895H,
36103C0905H, 36103C0906H, 36103C0907H, 36103C0908H, 36103C0909H, 36103C0911H,
36103C0912H, 36103C0913H, 36103C0914H, 36103C0916H, 36103C0917H, 36103C0926H,
36103C0927H, 36103C0928H, 36103C0929H, 36103C0931H, 36103C0932H, 36103C0933H,
36103C0934H, 36103C0936H, 36103C0951H, 36103C0952H, 36103C0956H, whose
effective date is September 25, 2009, and any subsequent revisions
to these map panels that do not affect areas under our community's
jurisdiction.
(b)
A scientific and engineering report entitled "Flood Insurance Study,
Suffolk County, New York, All Jurisdictions" dated September 25, 2009.
(c)
Letter
of Map Revision, Case Number 10-02-1850P, amending Panel 36103C0753H
of the Flood Insurance Rate Map.
[Added 11-22-2011 by L.L.
No. 24-2011, effective 12-6-2011]
(d)
Letter of Map Revision, Case Number 15-02-0370P, effective July
16, 2015, amending Panel 36103C0751H and Panel 36103C0753H of the
Flood Insurance Rate Map, and the Stillwater Elevation Table 6 of
the Flood Insurance Study Report, effective September 25, 2009.
[Added 5-21-2015 by L.L.
No. 9-2015, effective 6-2-2015]
(2)
The above documents are hereby adopted and declared to be a part
of this chapter. The Flood Insurance Study and/or maps are on file
at the office of the Town Clerk of the Town of Brookhaven, One Independence
Hill, Farmingville, New York 11738.
C.
Interpretation
and conflict with other laws.
(1)
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.
(2)
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.
D.
Severability.
The invalidity of any section or provision of this chapter shall not
invalidate any other section or provision thereof.
E.
Penalties for noncompliance. No structure in an area of special flood hazard shall hereafter be constructed, located, extended, converted, or altered and no land shall be excavated or filled without full compliance with the terms of this chapter and any other applicable regulations. Any infraction of the provisions of this chapter by failure to comply with any of its requirements, including infractions of conditions and safeguards established in connection with conditions of the permit, shall constitute a violation. Any person who violates this chapter or fails to comply with any of its requirements shall, upon conviction thereof, be fined no more than $250 or imprisoned for not more than 15 days, or both. Each day of noncompliance shall be considered a separate offense. Nothing herein contained shall prevent the Town of Brookhaven 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 § 33-6 will be declared noncompliant and notification sent to the Federal Emergency Management Agency.
F.
Warning
and disclaimer of liability. The degree of flood protection required
by this chapter is considered reasonable for regulatory purposes and
is based on scientific and engineering considerations. Larger floods
can and will occur on rare occasions. Flood heights may be increased
by man-made or natural causes. This chapter does not imply that land
outside the area of special flood hazards or uses permitted within
such areas will be free from flooding or flood damages. This chapter
shall not create liability on the part of the Town of Brookhaven,
any officer or employee thereof, or the Federal Emergency Management
Agency, for any flood damages that result from reliance on this chapter
or any administrative decision lawfully made thereunder.
A.
Designation
of the local administrator. The Chief Building Inspector of the Town
of Brookhaven is hereby appointed local administrator to administer
and implement this chapter by granting or denying floodplain development
permits in accordance with its provisions.
B.
The
floodplain development permit.
[Amended 12-19-2019 by L.L. No. 27-2019, effective 12-31-2019]
(1)
Purpose. A floodplain development permit is hereby established for all construction and other development to be undertaken in areas of special flood hazard in this community for the purpose of protecting its citizens from increased flood hazards and 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 § 33-3B, without a valid floodplain development permit. Application for a permit shall be made on forms furnished by the local administrator and may include, but not be limited to, plans, in duplicate, drawn to scale and showing: the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing.
(2)
Fees. All applications for a floodplain development permit shall
be accompanied by an application fee which shall be computed in the
same manner as the fee as established by Town Board resolution for
a building permit. In addition, the applicant shall be responsible
for reimbursing the Town of Brookhaven for any additional costs necessary
for review, inspection and approval of this project. The local administrator
may require a deposit of no more than $500 to cover these additional
costs.
C.
Application
for a permit. The applicant shall provide the following information
as appropriate. Additional information may be required on the permit
application form.
(1)
The proposed elevation, in relation to mean sea level, of the lowest
floor (including basement or cellar) of any new or substantially improved
structure to be located in Zone A1-A30, AE or AH, or Zone A if base
flood elevation data are available. Upon completion of the lowest
floor, the permittee shall submit to the local administrator the as-built
elevation, certified by a licensed professional engineer or surveyor.
(2)
The proposed elevation, in relation to mean sea level, of the bottom
of the lowest structural member of the lowest floor (excluding pilings
and columns) of any new or substantially improved structure to be
located in Zone V1-V30 or VE, or Zone V if base flood elevation data
are available. Upon completion of the lowest floor, the permittee
shall submit to the local administrator the as-built elevation, certified
by a licensed professional engineer or surveyor.
(3)
The proposed elevation, in relation to mean sea level, to which any
new or substantially improved nonresidential structure will be floodproofed.
Upon completion of the floodproofed portion of the structure, the
permittee shall submit to the local administrator the as-built floodproofed
elevation, certified by a professional engineer or surveyor.
(4)
A certificate from a licensed professional engineer or architect that any utility flood-proofing will meet the criteria in § 33-5B(3), Utilities.
(5)
A certificate from a licensed professional engineer or architect that any nonresidential floodproofed structure will meet the floodproofing criteria in § 33-5E, Nonresidential structures (except coastal high-hazard areas).
(6)
A description of the extent to which any watercourse will be altered or relocated as a result of proposed development. Computations by a licensed professional engineer must be submitted that demonstrate that the altered or relocated segment will provide equal or greater conveyance than the original stream segment. The applicant must submit any maps, computations or other material required by the Federal Emergency Management Agency (FEMA) to revise the documents enumerated in § 33-3B, when notified by the local administrator, and must pay any fees or other costs assessed by FEMA for this purpose. The applicant must also provide assurances that the conveyance capacity of the altered or relocated stream segment will be maintained.
(7)
A technical analysis, by a licensed professional engineer, if required
by the local administrator, which shows whether proposed development
to be located in an area of special flood hazard may result in physical
damage to any other property.
(8)
In Zone A, when no base flood elevation data are available from other
sources, base flood elevation data shall be provided by the permit
applicant for subdivision proposals and other proposed developments
(including proposals for manufactured home and recreational vehicle
parks and subdivisions) that are greater than either 50 lots or five
acres.
(9)
In Zones V1-V30 and VE, and also Zone V if base flood elevation are
available, 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.
(10)
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.
D.
Duties
and responsibilities of the local administrator. Duties of the local
administrator shall include, but not be limited to, the following:
(1)
Permit application review. The local administrator shall conduct
the following permit application review before issuing a floodplain
development permit:
(a)
Review all applications for completeness, particularly with the requirements of § 33-4C, Application for a permit, and for compliance with the provisions and standards of this chapter.
(b)
Review subdivision and other proposed new development, including manufactured home parks, to determine whether proposed building sites will be reasonably safe from flooding. If a proposed building site is located in an area of special flood hazard, all new construction and substantial improvements shall meet the applicable standards of § 33-5, Construction standards, and, in particular, § 33-5A(2), Subdivision proposals.
(c)
Determine whether any proposed development in an area of special flood hazard may result in physical damage to any other property (e.g., stream bank erosion and increased flood velocities). The local administrator may require the applicant to submit additional technical analyses and data necessary to complete the determination. If the proposed development may result in physical damage to any other property or fails to meet the requirements of § 33-5, Construction standards, no permit shall be issued. The applicant may revise the application to include measures that mitigate or eliminate the adverse effects and resubmit the application.
(d)
Determine that all necessary permits have been received from those
governmental agencies from which approval is required by state or
federal law.
(2)
Use of other flood data.
(a)
When the Federal Emergency Management Agency has designated areas of special flood hazard on the community's Flood Insurance Rate Map (FIRM) but has neither produced water surface elevation data (these areas are designated Zone A or V on the FIRM) nor identified a floodway, the local administrator shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, including data developed pursuant to § 33-4C(7), as criteria for requiring that new construction, substantial improvements or other proposed development meet the requirements of this chapter.
(b)
When base flood elevation data are not available, the local administrator
may use flood information from any other authoritative source, such
as historical data, to establish flood elevations within the areas
of special flood hazard, for the purposes of this chapter.
(3)
Alteration of watercourses.
(a)
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.
(b)
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.
(4)
Construction stage.
(a)
In Zones A1-A30, AE and AH, and also Zone A if base flood elevation
data are available, upon placement of the lowest floor completion
or 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).
(b)
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 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).
(c)
Any further work undertaken prior to submission and approval of the
certification shall be at the permit holder's risk. The local
administrator shall review all data submitted. Deficiencies detected
shall be cause to issue a stop-work order for the project unless immediately
corrected.
(5)
Inspections. The local administrator and/or the developer's
engineer or architect shall make periodic inspections at appropriate
times throughout the period of construction in order to monitor compliance
with permit conditions and enable said inspector to certify, if requested,
that the development is in compliance with the requirements of the
floodplain development permit and/or any variance provisions.
(6)
Stop-work orders.
(a)
The local administrator shall issue, or cause to be issued, a stop-work order for any floodplain development found ongoing without a development permit. Disregard of a stop-work order shall subject the violator to the penalties described in § 33-3E of this chapter.
(b)
The local administrator shall issue, or cause to be issued, a stop-work order for any floodplain development found noncompliant with the provisions of this chapter and/or the conditions of the development permit. Disregard of a stop-work order shall subject the violator to the penalties described in § 33-3E of this chapter.
(7)
Certificate of compliance.
(a)
In areas of special flood hazard, as determined by documents enumerated in § 33-3B, it shall be unlawful to occupy or to permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted or wholly or partly altered or enlarged in its use or structure until a certificate of compliance has been issued by the local administrator stating that the building or land conforms to the requirements of this chapter.
(b)
A certificate of compliance shall be issued by the local administrator
upon satisfactory completion of all development in areas of special
flood hazard.
A.
General standards. The following standards apply to new development, including new and substantially improved structures, in the areas of special flood hazard shown on the Flood Insurance Rate Map designated in § 33-3B.
(1)
Coastal high-hazard areas. The following requirements apply within
Zones V1-V30, VE and V or in an area of moderate wave action:
(a)
All new construction, including manufactured homes and recreational
vehicles on site 180 days or longer and not fully licensed for highway
use, shall be located landward of the reach of high tide.
(b)
The use of fill for structural support of buildings, manufactured
homes or recreational vehicles on site 180 days or longer is prohibited.
(c)
Man-made alteration of sand dunes which would increase potential
flood damage is prohibited.
(2)
Subdivision proposals. The following standards apply to all new subdivision
proposals and other proposed development in areas of special flood
hazard (including proposals for manufactured home and recreational
vehicle parks and subdivisions):
(a)
Proposals shall be consistent with the need to minimize flood damage;
(b)
Public utilities and facilities such as sewer, gas, electrical and
water systems shall be located and constructed so as to minimize flood
damage; and
(c)
Adequate drainage shall be provided to reduce exposure to flood damage.
(3)
Encroachments.
(a)
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:
[1]
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
[2]
The Town of Brookhaven 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 Brookhaven 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 Brookhaven
for all costs related to the final map revision.
(b)
On streams with a regulatory floodway, as shown on the Flood Boundary and Floodway Map or the Flood Insurance Rate Map adopted in § 33-3B, no new construction, substantial improvements or other development in the floodway (including fill) shall be permitted unless:
[1]
A technical evaluation by a licensed professional engineer shows
that such an encroachment shall not result in any increase in flood
levels during occurrence of the base flood; or
[2]
The Town of Brookhaven 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 Brookhaven 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 Brookhaven for all costs related to the final map revisions.
B.
Standards
for all structures.
(1)
Anchoring. New structures and substantial improvement to structures
in areas of special flood hazard shall be anchored to prevent flotation,
collapse, or lateral movement during the base flood. This requirement
is in addition to applicable state and local anchoring requirements
for resisting wind forces.
(2)
Construction materials and methods.
(a)
New construction and substantial improvements to structures shall
be constructed with materials and utility equipment resistant to flood
damage.
(b)
New construction and substantial improvements to structures shall
be constructed using methods and practices that minimize flood damage.
(c)
For enclosed areas below the lowest floor of a structure within Zone
A1-A30, AE or AH, and also Zone A if base flood elevation data are
available, new and substantially improved structures shall have fully
enclosed areas below the lowest floor that are 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.
[1]
Designs for meeting this requirement must either be certified
by a licensed professional engineer or architect or meet or exceed
the following minimum criteria:
[2]
Openings may be equipped with louvers, valves, screens or other
coverings or devices, provided they permit the automatic entry and
exit of floodwaters. Enclosed areas subgrade on all sides are considered
basements and are not permitted.
(d)
Within Zones V1-V30 and VE, and also within Zone V if base flood
elevation are available, or in an area of moderate wave action, new
construction and substantial improvements shall have the space below
the lowest floor either free from obstruction or constructed with
nonsupporting breakaway walls, open wood lattice-work or insect screening
intended to collapse under wind and water loads without causing collapse,
displacement, or other structural damage to the elevated portion of
the building or supporting foundation system. The enclosed space below
the lowest floor shall be used only for parking vehicles, building
access or storage. Use of this space for human habitation is expressly
prohibited. The construction of stairs, stairwells and elevator shafts
are subject to the design requirements for breakaway walls.
(3)
Utilities.
(a)
New and replacement electrical equipment, heating, ventilating, air
conditioning, plumbing connections, and other service equipment shall
be located at or above the base flood elevation or be designed to
prevent water from entering and 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;
(b)
New and replacement water supply systems shall be designed to minimize
or eliminate infiltration of floodwaters into the system;
(c)
New and replacement sanitary sewage systems shall be designed to
minimize or eliminate infiltration of floodwaters. Sanitary sewer
and storm drainage systems for buildings that have openings below
the base flood elevation shall be provided with automatic backflow
valves or other automatic backflow devices that are installed in each
discharge line passing through a building's exterior wall; and
(d)
On-site waste disposal systems shall be located to avoid impairment
to them or contamination from them during flooding.
C.
Residential
structures (except coastal high-hazard areas).
(1)
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 § 33-5A(2), Subdivision proposals, and § 33-5A(3), Encroachments, and § 33-5B, Standards for all structures.
(a)
Within Zones A1-A30, AE and AH, and also Zone A if base flood elevation
data are available, new construction and substantial improvements
shall have the lowest floor (including basement) elevated to or above
two feet above the base flood elevation.
(b)
Within Zone A, when no base flood elevation data are available, new
and substantially improved structures shall have the lowest floor
(including basement) elevated at least three feet above the highest
adjacent grade.
(c)
Within Zone AO, new and substantially improved structures shall have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as two feet above the depth number specified in feet on the community's Flood Insurance Rate Map enumerated in § 33-3B (at least two feet if no depth number is specified).
(d)
Within Zones AH and AO, adequate drainage paths are required to guide
floodwaters around and away from proposed structures on slopes.
D.
Residential structures (coastal high-hazard areas). The following standards, in addition to the standards in § 33-5A(1), Coastal high-hazard areas, and § 33-5A(2), Subdivision proposals, and § 33-5B, Standards for all structures, apply to new and substantially improved residential structures located in areas of special flood hazard shown as Zone V1-V30, VE or V, or in an area of moderate wave action, on the community's Flood Insurance Rate Map designated in § 33-3B.
(1)
Elevation. New construction and substantial improvements shall be
elevated on pilings, columns or shear walls such that the bottom of
the lowest horizontal structural member supporting the lowest elevated
floor (excluding columns, piles, diagonal bracing attached to the
piles or columns, grade beams, pile caps and other members designed
to either withstand storm action or break away without imparting damaging
loads to the structure) is elevated to two feet above base flood elevation
so as not to impede the flow of water.
(2)
Determination of loading forces. Structural design shall consider
the effects of wind and water loads acting simultaneously during the
base flood on all building components.
(a)
The structural design shall be adequate to resist water forces that
would occur during the base flood. Horizontal water loads considered
shall include inertial and drag forces of waves, current drag forces,
and impact forces from waterborne storm debris. Dynamic uplift loads
shall also be considered if bulkheads, walls, or other natural or
man-made flow obstructions could cause wave run up beyond the elevation
of the base flood.
(b)
Buildings shall be designed and constructed to resist the forces
due to wind pressure. Wind forces on the superstructure include windward
and leeward forces on vertical walls, uplift on the roof, internal
forces when openings allow wind to enter the house, and upward force
on the underside of the house when it is exposed. In the design, the
wind should be assumed to blow potentially from any lateral direction
relative to the house.
(c)
Wind loading values used shall be those required by the building
code.
(3)
Foundation standards.
(a)
The pilings or column foundation and structure attached thereto shall
be adequately anchored to resist flotation, collapse or lateral movement
due to the effects of wind and water pressures acting simultaneously
on all building components. Foundations must be designed to transfer
safely to the underlying soil all loads due to wind, water, dead load,
live load and other loads (including uplift due to wind and water).
(b)
Spread footings and fill material shall not be used for structural
support of a new building or substantial improvement of an existing
structure.
(4)
Pile foundation design.
(a)
The design ratio of pile spacing to pile diameter shall not be less
than 8:1 for individual piles (this shall not apply to pile clusters
located below the design grade). The maximum center-to-center spacing
of wood piles shall not be more than 12 feet on center under load-bearing
sills, beams, or girders.
(b)
Pilings shall have adequate soil penetration (bearing capacity) to
resist the combined wave and wind loads (lateral and uplift) associated
with the base flood acting simultaneously with typical structure (live
and dead) loads, and shall include consideration of decreased resistance
capacity caused by erosion of soil strata surrounding the piles. The
minimum penetration for foundation piles is to an elevation of five
feet below mean sea level (msl) datum if the BFE is +10 msl or less,
or to be at least 10 feet below msl if the BFE is greater than +10
msl.
(c)
Pile foundation analysis shall also include consideration of piles
in column action from the bottom of the structure to the stable soil
elevation of the site. Pilings may be horizontally or diagonally braced
to withstand wind and water forces.
(d)
The minimum acceptable sizes for timber piles are a tip diameter
of eight inches for round timber piles and eight inches by eight inches
for square timber piles. All wood piles must be treated in accordance
with requirements of EPEE-C3 to minimize decay and damage from fungus.
(e)
Reinforced concrete piles shall be cast of concrete having a twenty-eight-day
ultimate compressive strength of not less than 5,000 pounds per square
inch, and shall be reinforced with a minimum of four longitudinal
steel bars having a combined area of not less than 1% nor more than
4% of the gross concrete area. Reinforcing for precast piles shall
have a concrete cover of not less than 1 1/4 inches for No. 5
bars and smaller and not less than 1 1/2 inches for No. 6 through
No. 11 bars. Reinforcement for piles cast in the field shall have
a concrete cover of not less than two inches.
(f)
Piles shall be driven by means of a pile driver or drop hammer, jetted,
or augered into place.
(g)
Additional support for piles in the form of bracing may include lateral
or diagonal bracing between piles.
(h)
When necessary, piles shall be braced at the ground line in both
directions by a wood timber grade beam or a reinforced concrete grade
beam. These at-grade supports should be securely attached to the piles
to provide support even if scoured from beneath.
(i)
Diagonal bracing between piles, consisting of two-inch by eight-inch
(minimum) members bolted to the piles, shall be limited in location
to below the lowest supporting structural member and above the stable
soil elevation, and aligned in the vertical plane along pile rows
perpendicular to the shoreline. Galvanized steel rods (minimum diameter
1/2 inch) or cable-type bracing is permitted in any plane.
(j)
Knee braces, which stiffen both the upper portion of a pile and the
beam-to-pile connection, may be used along pile rows perpendicular
and parallel to the shore-line. Knee braces shall be two-by-eight
lumber bolted to the sides of the pile/beam, or four-by-four or larger
braces framed into the pile/beam. Bolting shall consist of two 5/8-inch
galvanized steel bolts (each end) for two-by-eight members, or one
5/8-inch lag bolt (each end) for square members. Knee braces shall
not extend more than three feet below the elevation of the base flood.
(5)
Column foundation design. Masonry piers or poured-in-place concrete
piers shall be internally reinforced to resist vertical and lateral
loads, and be connected with a movement-resisting connection to a
pile cap or pile shaft.
(6)
Connectors and fasteners. Galvanized metal connectors, wood connectors,
or bolts of size and number adequate for the calculated loads must
be used to connect adjoining components of a structure. Toe nailing
as a principal method of connection is not permitted. All metal connectors
and fasteners used in exposed locations shall be steel, hot-dipped
galvanized after fabrication. Connectors in protected interior locations
shall be fabricated from galvanized sheet.
(7)
Beam to pile connections. The primary floor beams or girders shall
span the supports in the direction parallel to the flow of potential
floodwater and wave action and shall be fastened to the columns or
pilings by bolting, with or without cover plates. Concrete members
shall be connected by reinforcement, if cast in place, or (of precast)
shall be securely connected by bolting and welding. If sills, beams,
or girders are attached to wood piling at a notch, a minimum of two
5/8-inch galvanized steel bolts or two hot-dipped galvanized straps
3/16 inch by four inches by 18 inches each bolted with two 1/2-inch
lag bolts per beam member shall be used. Notching of pile tops shall
be the minimum sufficient to provide ledge support for beam members
without unduly weakening pile connections. Piling shall not be notched
so that the cross section is reduced below 50%.
(8)
Floor and deck connections.
(a)
Wood two- by four-inch (minimum) connectors or metal joist anchors
shall be used to tie floor joists to floor beams/girders. These should
be installed on alternate floor joists, at a minimum. Cross bridging
of all floor joists shall be provided. Such cross bridging may be
one- by three-inch members, placed eight feet on center maximum, or
solid bridging of same depth as joist at same spacing.
(b)
Plywood should be used for subflooring and attic flooring to provide
good torsional resistance in the horizontal plane of the structure.
The plywood should not be less than 3/4-inch total thickness, and
should be exterior grade and fastened to beams or joists with 8d annular
or spiral thread galvanized nails. Such fastening shall be supplemented
by the application of waterproof industrial adhesive applied to all
bearing surfaces.
(9)
Exterior wall connections. All bottom plates shall have any required
breaks under a wall stud or an anchor bolt. Approved anchors will
be used to secure rafters or joists and top and bottom plates to studs
in exterior and bearing walls to form a continuous tie. Continuous
15/32-inch or thicker plywood sheathing, overlapping the top wall
plate and continuing down to the sill, beam, or girder, may be used
to provide the continuous tie. If the sheets of plywood are not vertically
continuous, then two-by-four nailer blocking shall be provided at
all horizontal joints. In lieu of the plywood, galvanized steel rods
of 1/2-inch diameter or galvanized steel straps not less than one
inch wide by 1/16 inch thick may be used to connect from the top wall
plate to the sill, beam, or girder. Washers with a minimum diameter
of three inches shall be used at each end of the 1/2-inch round rods.
These anchors shall be installed no more than two feet from each corner
rod, no more than four feet on center.
(10)
Ceiling joist/rafter connections.
(a)
All ceiling joists or rafters shall be installed in such a manner
that the joists provide a continuous tie across the rafters. Ceiling
joists and rafters shall be securely fastened at their intersections.
A metal or wood connector shall be used at alternate ceiling joist/rafter
connections to the wall top plate.
(b)
Gable roofs shall be additionally stabilized by installing two-by-four
blocking on two-foot centers between the rafters at each gable end.
Blocking shall be installed a minimum of eight feet toward the house
interior from each gable end.
(11)
Projecting members. All cantilevers and other projecting members
must be adequately supported and braced to withstand wind and water
uplift forces. Roof eave overhangs shall be limited to a maximum of
two feet and joist overhangs to a maximum of one foot. Larger overhangs
and porches will be permitted if designed or reviewed and certified
by a registered professional engineer or architect.
(12)
Roof sheathing.
(a)
Plywood, or other wood material, when used as roof sheathing,
shall not be less than 15/32 inch in thickness, and shall be of exterior
sheathing grade or equivalent. All attaching devices for sheathing
and roof coverings shall be galvanized or be of other suitable corrosion-resistant
material.
(b)
All corners, gable ends, and roof overhangs exceeding six inches
shall be reinforced by the application of waterproof industrial adhesive
applied to all bearing surfaces of any plywood sheet used in the sheathing
of such corner, gable end, or roof overhang.
(c)
In addition, roofs should be sloped as steeply as practicable
to reduce uplift pressures, and special care should be used in securing
ridges, hips, valleys, eaves, vents, chimneys, and other points of
discontinuity in the roofing surface.
(13)
Protection of openings. All exterior glass panels, windows, and doors
shall be designed, detailed, and constructed to withstand loads due
to the design wind speed of 75 miles per hour. Connections for these
elements must be designed to transfer safely the design loads to the
supporting structure. Panel widths of multiple-panel sliding glass
doors shall not exceed three feet.
(14)
Breakaway wall design standards.
(a)
The breakaway wall shall have a design-safe loading resistance
of not less than 10 and not more than 20 pounds per square foot, with
the criterion that the safety of the overall structure at the point
of wall failure be confirmed using established procedures. Grade beams
shall be installed in both directions for all piles considered to
carry the breakaway wall load. Knee braces are required for front
row piles that support breakaway walls.
(b)
Use of breakaway wall strengths in excess of 20 pounds per square
foot shall not be permitted unless a registered professional engineer
or architect has developed or reviewed the structural design and specifications
for the building foundation and breakaway wall components, and certifies
that (1) the breakaway walls will fail under water loads less than
those that would occur during the base flood; and (2) the elevated
portion of the building and supporting foundation system will not
be subject to collapse, displacement, or other structural damage due
to the effects of wind and water loads acting simultaneously on all
building components (structural and nonstructural). Water loading
values used shall be those associated with the base flood. Wind loading
values shall be those required by the building code.
E.
Nonresidential structures (except coastal high-hazard areas). The following standards apply to new and substantially improved commercial, industrial and other nonresidential structures located in areas of special flood hazard, in addition to the requirements in § 33-5A(2), Subdivision approvals, § 33-5A(3), Encroachments, and § 33-5B, Standards for all structures.
(1)
Within Zones A1-A30, AE and AH, and also Zone A if base flood elevation
data are available, new construction and substantial improvements
of any nonresidential structure, together with attendant utility and
sanitary facilities, shall either:
(a)
Have the lowest floor, including basement or cellar, elevated to
or above two feet above the base flood elevation; or
(b)
Be floodproofed so that the structure is watertight below two feet
above the base flood elevation with walls substantially impermeable
to the passage of water. All structural components located below the
base flood elevation must be capable of resisting hydrostatic and
hydrodynamic loads and the effects of buoyancy.
(2)
Within Zone AO, new construction and substantial improvements of
nonresidential structures shall:
(a)
Have the lowest floor (including basement) elevated above the highest
adjacent grade at least as high as two feet above the depth number
specified in feet on the community's FIRM (at least two feet
if no depth number is specified); or
(3)
If the structure is to be floodproofed, a licensed professional engineer or architect shall develop and/or review structural design, specifications, and plans for construction. A floodproofing certificate or other certification shall be provided to the local administrator that certifies the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions of § 33-5E(1)(b), including the specific elevation (in relation to mean sea level) to which the structure is to be floodproofed.
(4)
Within Zones AH and AO, adequate drainage paths are required to guide
floodwaters around and away from proposed structures on slopes.
(5)
Within Zone A, when no base flood elevation data are available, the
lowest floor (including basement) shall be elevated at least three
feet above the highest adjacent grade.
F.
Nonresidential
structures (coastal high-hazard areas). In Zones V1-V30, VE, and also
Zone V if base flood elevations are available, or in an area of moderate
wave action, new construction and substantial improvements of any
nonresidential structure, together with attendant utility and sanitary
facilities, shall have the bottom of lowest member of the lowest floor
elevated to or above two feet above the base flood elevation. Floodproofing
of structures is not an allowable alternative to elevating the lowest
floor to two feet above the base flood elevation in Zones V1-V30,
VE and V.
G.
Manufactured homes and recreational vehicles. The following standards, in addition to the standards in § 33-5A, General standards, and § 33-5B, Standards for all structures, apply, as indicated, in areas of special flood hazard to manufactured homes and to recreational vehicles which are located in areas of special flood hazard.
(1)
Recreational vehicles placed on sites within Zones A1-A30, AE, AH, V1-V30, V, and VE shall either: (a) be on site fewer than 180 consecutive days, (b) be fully licensed and ready for highway use, or (c) meet the requirements for manufactured homes in Subsection G(2), (3) and (4). A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick-disconnect-type utilities and security devices and has no permanently attached additions.
(2)
A manufactured home that is placed or substantially improved in Zones
A1-A30, AE, AH, V1-V30, V, and VE shall be elevated on a permanent
foundation such that the lowest floor is elevated to or above 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.
(3)
Within Zone A or V, when no base flood elevation data are available,
new and substantially improved manufactured homes shall be elevated
such that the manufactured home chassis is supported by reinforced
piers or other foundation elements of at least equivalent strength
that are no less than 36 inches in height above grade and are securely
anchored to an adequately anchored foundation system to resist flotation,
collapse or lateral movement. Elevation on piers consisting of dry
stacked blocks is prohibited.
(4)
Within Zone AO, the floor shall be elevated above the highest adjacent grade at least as high as the depth number specified on the Flood Insurance Rate Map enumerated in § 33-3B (at least two feet if no depth number is specified). Elevation on piers consisting of dry stacked blocks is prohibited.
A.
Appeals
board.
(1)
The Board of Zoning Appeals, as established by the Town of Brookhaven,
shall hear and decide appeals and requests for variances from the
requirements of this chapter.
(2)
The Board of Zoning Appeals shall hear and decide appeals when it
is alleged there is an error in any requirement, decision, or determination
made by the local administrator in the enforcement or administration
of this chapter.
(3)
Those aggrieved by the decision of the Board of Zoning Appeals may
appeal such decision to the Supreme Court pursuant to Article 78 of
the Civil Practice Law and Rules.
(4)
In passing upon such applications, the Board of Zoning Appeals shall
consider all technical evaluations, all relevant factors, standards
specified in other sections of this chapter and:
(a)
The danger that materials may be swept onto other lands to the injury
of others;
(b)
The danger to life and property due to flooding or erosion damage;
(c)
The susceptibility of the proposed facility and its contents to flood
damage and the effect of such damage on the individual owner;
(d)
The importance of the services provided by the proposed facility
to the community;
(e)
The necessity to the facility of a waterfront location, where applicable;
(f)
The availability of alternative locations for the proposed use which
are not subject to flooding or erosion damage;
(g)
The compatibility of the proposed use with existing and anticipated
development;
(h)
The relationship of the proposed use to the comprehensive plan and
floodplain management program of that area;
(i)
The safety of access to the property in times of flood for ordinary
and emergency vehicles;
(j)
The costs to local governments and the dangers associated with conducting
search and rescue operations during periods of flooding;
(k)
The expected heights, velocity, duration, rate of rise and sediment
transport of the floodwaters and the effects of wave action, if applicable,
expected at the site; and
(l)
The costs of providing governmental services during and after flood
conditions, including search and rescue operations, maintenance and
repair of public utilities and facilities such as sewer, gas, electrical,
and water systems and streets and bridges.
(5)
Upon consideration of the factors of § 33-6A(4) and the purposes of this chapter, the Board of Zoning Appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
(6)
The local administrator shall maintain the records of all appeal
actions including technical information and report any variances to
the Federal Emergency Management Agency upon request.
B.
Conditions
for variances.
(1)
Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood elevation, providing items in Subsection A(4)(a) through (l) in § 33-6 have been fully considered. As the lot size increases beyond the 1/2 acre, the technical justification required for issuing the variance increases.
(2)
Variances may be issued for the repair or rehabilitation of historic
structures upon determination that:
(3)
Variances may be issued for new construction and substantial improvements
and for other development necessary for the conduct of a functionally
dependent use, provided that:
(4)
Variances shall not be issued within any designated floodway if any
increase in flood levels during the base flood discharge would result.
(5)
Variances shall only be issued upon a determination that the variance
is the minimum necessary, considering the flood hazard, to afford
relief.
(6)
Variances shall only be issued upon receiving written justification
of:
(a)
A showing of good and sufficient cause;
(b)
A determination that failure to grant the variance would result in
exceptional hardship to the applicant; and
(c)
A determination that the granting of a variance will not result in
increased flood heights, additional threats to public safety, extraordinary
public expense, create nuisances, cause fraud on or victimization
of the public or conflict with existing local laws or ordinances.
(7)
Any applicant to whom a variance is granted for a building with the
lowest floor below the base flood elevation shall be given written
notice over the signature of a community official that the cost of
flood insurance will be commensurate with the increased risk resulting
from lowest floor elevation.
