The Town Building Inspector is hereby appointed local administrator
to administer and implement this chapter by granting or denying development
permit applications in accordance with its provisions.
The applicant shall provide the following information as appropriate.
Additional information may be required on the permit application form.
A. The proposed elevation, in relation to mean sea level, of the lowest
floor (including basement or cellar), of any new or substantially
improved structure, to be located in AE Zones. Upon completion of
the lowest floor, the permittee shall submit to the local administrator
the as-built elevation, certified by a licensed professional engineer
or surveyor.
B. The proposed elevation, in relation to mean sea level, 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 VE Zones. 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.
C. The proposed elevation, in relation to mean sea level, to which any
new or substantially improved nonresidential structure will be floodproofed.
Upon completion of the floodproofed portion of the structure, the
permittee shall submit to the local administrator the as-built floodproofed
elevation, certified by a professional engineer or surveyor.
D. A certificate from a licensed professional engineer or architect that any utility floodproofing will meet the criteria in §
169-15C, Utilities.
E. A certificate from a licensed professional engineer or architect that any nonresidential floodproofed structure will meet the floodproofing criteria in §
169-18, Nonresidential structures (except coastal high-hazard areas).
F. A description of the extent to which any watercourse will be altered or located 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 §
169-6, 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.
G. 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.
H. In VE Zones, 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.
I. In VE Zones, 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.
J. A statement of techniques to be employed to meet requirements to
anchor structures, use of flood-resistant materials and construction
practices.
K. Plans for new and replacement potable water supplies and sewerage
systems constructed to minimize flood damage hazards.
L. Additional information as maybe necessary for the floodplain administrator
to evaluate the application.
M. 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.
[Added 11-14-2023 by L.L. No. 34-2023]
Duties of the local administrator shall include but not be limited
to the following:
A. Permit application review.
(1) 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 §
169-12, Application for 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 this chapter and, in particular, §§
169-14 through
169-18.
(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).
[1]
The local administrator may require the applicant to submit
additional technical analyses and data necessary to complete the determination.
[2]
If the proposed development may result in physical damage to
any other property or fails to meet the requirements of this chapter,
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) If, after review of the application, the Building Inspector believes
that there is a potential adverse effect caused by the proposed action,
he shall refer the application to the Town Engineer for review. The
Town Board may require the applicant to file with the Town Clerk a
performance bond in appropriate amount recommended by the Town Engineer
and approved as to form by the Town Attorney to guarantee fulfillment
of the applicant's plan for flood damage mitigation measures which
negate the adverse impacts. These flood damage mitigation measures
shall be made a condition of the permit.
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 §
169-13G, as criteria for requiring that new construction, substantial improvements or other proposed development meet the requirements of this chapter.
(2) When base flood elevation data are not available, the local administrator
may use flood information from any other authoritative source, such
as historical data, to establish flood elevations within the areas
of special flood hazard, for the purposes of this chapter.
C. Alteration of watercourses:
(1) Notification to adjacent communities and the New York State Department
of Environmental Conservation prior to permitting any alteration or
relocation of a watercourse and submittal of evidence of such notification
to the Regional Director, Region II, Federal Emergency Management
Agency.
(2) Determine that the permit holder has provided for maintenance within
the altered or relocated portion of said watercourse so that the flood-carrying
capacity is not diminished.
D. Construction stage:
(1) In AE Zones, upon placement of the lowest floor or completion of
floodproofing of a new or substantially improved structure, obtain
from the permit holder a certification of the as-built elevation of
the lowest floor or floodproofed elevation, in relation to mean sea
level. The certificate shall be prepared by or under the direct supervision
of a licensed land surveyor or professional engineer and certified
by same. For manufactured homes, the permit holder shall submit the
certificate of elevation upon placement of the structure on the site.
A certificate of elevation must also be submitted for a recreational
vehicle if it remains on a site for 180 consecutive days or longer
(unless it is fully licensed and ready for highway use).
(2) In VE Zones, 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 §
169-8 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 §
169-8 of this chapter.
G. Certificate of compliance.
(1) In areas of special flood hazard, as determined by documents enumerated in §
169-6, 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.
(3) Issuance of the certificate shall be based upon the inspections conducted as prescribed in §
169-13E, Inspections, and/or any certified elevations, hydraulic data, floodproofing, anchoring requirements or encroachment analyses which may have been required as a condition of the approved permit.
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) Certification of as-built lowest-floor elevations of structures required pursuant to §
169-13D(1) and
(2), and whether or not the structures contain a basement;
(3) Floodproofing certificates required pursuant to §§
169-13 and
169-14 and certification whether or not the structures contain a basement;
(4) Variances issued pursuant to Article
VI, Variance Procedure; and
(5) Notices required under §
169-13C, Alteration of watercourses.
(6) Base flood elevations developed pursuant to Town Code §
169-12G and supporting technical analysis.
[Added 11-14-2023 by L.L. No. 34-2023]
I. Interpretation of FIRM boundaries. The Building Inspector shall have
the authority to make interpretations.
(1) The Building Inspector shall have the authority to make interpretations
when there appears to be a conflict between the limits of the federally
identified areas of special flood hazard and actual field conditions.
The person contesting the location of the boundary shall be given
a reasonable opportunity to appeal the interpretation as provided
in this chapter.
(2) Base flood elevation data established pursuant to §
169-6 shall be used to accurately delineate the areas of special flood hazard.
(3) The Building Inspector shall use flood information from any other
authoritative source, including historical data, to establish the
limits of the areas of special flood hazard when base flood elevations
are not available.
J. Reference documents:
(1) Standard reference documents for use with this chapter in determining
wind and water forces on structures are:
(a)
American Forest and Paper Association (AF&PA) Wood Frame
Construction Manual for One- and Two-Family Dwellings (WFCM).
(b)
Minimum Design Loads for Buildings and Other Structures, ANSI/SCE
7-95.
(c)
Water, Waterways Experiment Station, Shore Protection Manual,
two volumes, Department of Army Corps of Engineers, Coastal Engineering
Research Center (1984) or latest edition.
(2) Guidance on the application of information from the above reference
documents, together with other design data and procedures as provided
in Federal Emergency Management Agency, Coastal Construction Manual.
(FEMA P-55, Edition 3, August 2005 or latest edition).