The people of the State of New York have in
the New York State Constitution, Article IX, Section 2, delegated
the responsibility to local governmental units to adopt regulations
designed to promote the public health, safety and general welfare
of their citizenry. In this regard, the Common Council of the City
of Oneida finds that the potential and/or actual damages from flooding
and erosion may be a problem to the residents of the City of Oneida
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. Therefore,
and in order to minimize the threat of such damages and to achieve
the purposes and objectives hereinafter set forth, this chapter, in
consonance with New York State Environmental Conservation Law Article
36 and to comply with the floodplain management requirements of the
National Flood Insurance Program contained in 44 CFR 60.3(b, c and
d), is enacted as follows.
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:
A. To 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. To require that uses vulnerable to floods, including
facilities which serve such uses, be protected against flood damage
at the time of initial construction.
C. To control the alteration of natural floodplains,
stream channels and natural protective barriers which are involved
in the accommodation of floodwaters.
D. To control filling, grading, dredging and other development
which may increase erosion or flood damages.
E. To regulate the construction of flood barriers which
will unnaturally divert floodwaters or which may increase flood hazards
to other lands.
F. To 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, 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.
H. To ensure that those who occupy the areas of special
flood hazard assume responsibility for their actions.