[HISTORY: Adopted by the Town Board of the Town of Barton 1-14-1991
as L.L. No. 1-1991. Amendments noted where applicable.]
The Town Board of the Town of Barton finds that the potential and/or
actual damages from flooding and erosion may be a problem to the residents
of the Town of Barton 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.
F.
Qualify for and maintain participation in the National
Flood Insurance Program.
The objectives of this chapter are to:
A.
Protect human life and health.
B.
Minimize expenditure of public money for costly flood
control projects.
C.
Minimize the need for rescue and relief efforts associated
with flooding and generally undertaken at the expense of the general public.
D.
Minimize prolonged business interruptions.
E.
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.
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.
Provide that developers are notified that property is
in an area of special flood hazard.
H.
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
DEVELOPMENT
ELEVATED BUILDING
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
FEDERAL EMERGENCY MANAGEMENT AGENCY
FLOOD BOUNDARY AND FLOODWAY MAP (FBFM)
FLOOD ELEVATION STUDY
FLOOD OR FLOODING
(1)
(2)
FLOOD HAZARD BOUNDARY MAP (FHBM)
FLOOD INSURANCE RATE MAP (FIRM)
FLOOD INSURANCE STUDY
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
NATIONAL GEODETIC VERTICAL DATUM (NGVD)
NEW CONSTRUCTION
NEW MANUFACTURED HOME PARK OR SUBDIVISION
ONE-HUNDRED-YEAR FLOOD
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, A1-30, A99, V, VO, VE or V1-30. It is also commonly
referred to as the "base floodplain" or "one-hundred-year floodplain."
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 the definition of "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 V1-30, VE, VO or V.
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 Zones
A1-30, 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 Zones V1-30, VE or V, 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 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 Zones 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 Zones V1-30, 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.
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes are to
be affixed (including, at a minimum, the installation of utilities, the construction
of streets and either final site grading or the pouring of concrete pads)
is complete before the effective date of the floodplain management regulations
adopted by the community.
The preparation of additional sites by the construction of facilities
for servicing the lots on which the manufactured homes are to be affixed,
including the installation of utilities, the construction of streets and either
final site grading or the pouring of concrete pads.
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.
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 "flood or flooding," Subsection B(1)(a) above.
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 the definition of "flood elevation study."
Any land area susceptible to being inundated by water from any source
(see the 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 Code Enforcement Officer, Building
Inspector or employee of an engineering department.
The lowest floor of the lowest enclosed area, including the 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 the purposes of the National Flood Insurance Program, the National
Geodetic Vertical Datum (NGVD) of 1929 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."
As corrected in 1929, a vertical control used as a reference for
establishing varying elevations within the floodplain.
Structures for which the start of construction commenced on or after
the effective date of a floodplain management regulation and includes any
subsequent improvements to such structure.
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes are to
be affixed (including, at a minimum, the installation of utilities, the construction
of streets and either final site grading or the pouring of concrete pads)
is completed on or after the effective date of floodplain management regulations
adopted by a community.
The same meaning as "base flood."
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 § 83-15B of this chapter.
Naturally occurring accumulations of sand in ridges or mounds landward
of the beach.
The initiation, excluding planning and design, of any phase of a
project or physical alteration of the property, and shall include land preparation,
such as clearing, grading and filling; installation of streets and/or walkways;
excavation for a basement, footings, piers or foundations or the erection
of temporary forms. It also includes the placement and/or installation on
the property of accessory buildings (garages and sheds), storage trailers
and building materials. For manufactured homes, the "actual start" means affixing
of the manufactured home to its permanent site.
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.
This chapter shall apply to all areas of special flood hazard within
the jurisdiction of the Town of Barton.
The areas of special flood hazard are identified by the Federal Emergency
Management Agency as follows: a scientific and engineering report entitled
"Flood Insurance Study, Town of Barton, New York, Tioga County," dated May
15, 1991, with Flood Insurance Rate Map/Maps enumerated on Map Index No. 360832
001-0030, dated May 15, 1991, and, where applicable, Flood Boundary and Floodway
Map/Maps enumerated on Map Index No. 360832 001-0030, dated May 15, 1991.
The above documents are hereby adopted and declared to be 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 Barton, Rt. 17C, Waverly, New York.
A.
This chapter includes all revisions to the National Flood
Insurance Program through November 1, 1989, 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 or ordinances, the most restrictive, or that imposing
the highest standards, shall govern.
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 $1,000 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 Barton from taking such other lawful action as necessary to prevent or remedy any 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 § 83-20 will be declared noncompliant, and notification will 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 Barton, 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 Code Enforcement Officer(s) is hereby appointed local administrator
to administer and implement this chapter by granting or denying development
permits in accordance with its provisions.
A floodplain development permit shall be obtained before the start of construction or any other development, including the placement or replacement of manufactured homes or recreational vehicles, within the area of special flood hazard as established in § 83-6. Application for a development 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.
All applications for a floodplain development permit shall be accompanied
by an application fee as set forth from time to time by resolution of the
Town Board.[2] In addition, the Town of Barton reserves the right to recover
from the permittee all reasonable costs necessary for review, approval and
inspection of this project.
The following information is required where applicable:
A.
Elevation in relation to mean sea level of the proposed
lowest floor, including the basement or cellar, of all structures.
B.
Elevation in relation to mean sea level to which any
nonresidential structure will be floodproofed.
C.
When required, a certificate from a licensed professional engineer or architect that the utility floodproofing will meet the criteria in § 83-16C(1).
D.
A certificate from a licensed professional engineer or architect that the nonresidential floodproofed structure will meet the floodproofing criteria in § 83-17C.
E.
A description of the extent to which any watercourse
will be altered or relocated as a result of a proposed development.
Upon placement of the lowest floor or floodproofing by whatever means,
it shall be the duty of the permit holder to submit to the local administrator
a certificate of the elevation of the lowest floor, or floodproofed elevation,
in relation to mean sea level. The elevation certificate shall be prepared
by or under the direct supervision of a licensed land surveyor or professional
engineer and certified by the same. When floodproofing is utilized for a particular
building, the floodproofing certificate shall be prepared by or under the
direct supervision of a licensed professional engineer or architect and certified
by the same. 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.
The duties of the local administrator shall include but not be limited
to the following:
A.
Permit application review. The local administrator shall:
(1)
Review of all development permit applications to determine
that the requirements of this chapter have been satisfied.
(2)
Review of all development permit applications to determine
that all necessary permits have been obtained from those federal, state or
local governmental agencies from which prior approval is required.
(3)
Review of all development permit applications to determine
if the proposed development adversely affects the area of special flood hazard.
For the purposes of this chapter, "adversely affects" means physical damage
to adjacent and other properties. An engineering study may be required of
the applicant for this purpose.
B.
Use of other base flood and floodway data. When base flood elevation data has not been provided in accordance with § 83-6, Basis for establishing areas of special flood hazard, 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 § 83-16D(4) in order to administer § 83-17, Specific standards, and § 83-18, Floodways.
C.
Information to be obtained and maintained. The local
administrator shall:
(1)
Obtain and record the actual elevation, in relation to
mean sea level, of the lowest floor, including the basement or cellar, of
all new or substantially improved structures, and whether or not the structure
contains a basement or cellar.
(3)
Maintain for public inspection all records pertaining
to the provisions of this chapter, including variances, when granted, and
certificates of compliance.
D.
Alteration of watercourses. The local administrator shall:
(1)
Notify adjacent communities and the New York State Department
of Environmental Conservation prior to any alteration or relocation of a watercourse
and submit evidence of such notification to the Regional Director, Federal
Emergency Management Agency, Region II, 26 Federal Plaza, New York, New York
10278.
(2)
Require that maintenance is provided within the altered
or relocated portion of said watercourse so that the flood-carrying capacity
is not diminished.
E.
Interpretation of FIRM boundaries.
(1)
The local administrator shall have the authority to make
interpretations when there appears to be a conflict between the limits of
the federally identified area of special flood hazard and actual field conditions.
(3)
The local administrator shall use flood information from
any other authoritative source, including historical data, to establish flood
elevations within the areas of special flood hazard when base flood elevations
are not available.
F.
Stop-work orders.
(1)
All floodplain development found ongoing without a development permit shall be subject to the issuance of a stop-work order by the local administrator. Disregard of a stop-work order shall subject the violator to the penalties described in § 83-8 of this chapter.
(2)
All floodplain development found noncompliant with the provisions of this chapter and/or the conditions of the development permit shall be subject to the issuance of a stop-work order by the local administrator. Disregard of a stop-work order shall subject the violator to the penalties described in § 83-8 of this chapter.
G.
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 that the development
is in compliance with the requirements of the development permit and/or any
variance provisions.
H.
Certificate of compliance.
(1)
It shall be unlawful to use or 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)
All other development occurring within the designated areas of special flood hazard will have, upon completion, a certificate of compliance issued by the local administrator. All certifications shall be based upon the inspections conducted subject to § 83-15G and/or any certified elevations, hydraulic information, floodproofing, anchoring requirements or encroachment analysis which may have been required as a condition of the approved permit.
In all areas of special flood hazard, the following standards are required:
A.
Anchoring.
(1)
All new construction and substantial improvements shall
be anchored to prevent flotation, collapse or lateral movement of the structure.
(2)
All manufactured homes shall be installed using methods and practices which minimize flood damage. Manufactured homes must be elevated and anchored to resist flotation, collapse or lateral movement. Manufactured homes shall be elevated in accordance with § 83-17B. Methods of anchoring may include, but are not to be limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces.
B.
Construction materials and methods.
C.
Utilities.
(1)
Electrical, heating, ventilation, plumbing, air-conditioning
equipment and other service facilities shall be designed and/or located so
as to prevent water from entering or accumulating within the components during
conditions of flooding. When designed for location below the base flood elevation,
a professional engineer's or architect's certification is required.
(2)
All 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.
(4)
On-site waste disposal systems shall be located to avoid
impairment to them or contamination from them during flooding.
D.
Subdivision proposals.
(1)
All subdivision proposals shall be consistent with the
need to minimize flood damage.
(2)
All subdivision proposals shall have public utilities
and facilities such as sewer, gas, electrical and water systems located and
constructed to minimize flood damage.
(3)
All subdivision proposals shall have adequate drainage
provided to reduce exposure to flood damage.
(4)
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)
greater than either 50 lots or five acres.
E.
Encroachments.
(1)
All proposed development in riverine areas where no flood elevation data is available (unnumbered A Zones) shall be reviewed as set forth in § 83-15A(3) to determine the effects of the encroachment on the flood-carrying capacity of the stream. The local administrator may require submission of additional technical analyses and data necessary to complete the determination.
(2)
In all areas of special flood hazard in which base flood elevation data is available pursuant to § 83-15B or § 83-16D(4) and no floodway has been determined, the cumulative effects of any proposed development, when combined with all other existing and anticipated development, shall not increase the water surface elevation of the base flood more than one foot at any point.
(3)
All recreational vehicles placed on-site for longer than 180 consecutive days and not fully licensed and ready for highway use must be elevated and anchored to resist flotation, collapse or lateral movement. Recreational vehicles shall be elevated in accordance with § 83-17B.
(4)
Notwithstanding any other provisions of this chapter,
certain development in Zones A1-30, AE and AH may be permitted to increase
the water surface elevation of the base flood (e.g., dams, levees, etc.),
provided that the Town of Barton Supervisor endorses application to the Federal
Emergency Management Agency (FEMA), the permit applicant provides all necessary
data and analyses and pays all fees, and FEMA approval is received.
(5)
The local administrator shall require within Zones AH
and AO adequate drainage paths around structures on slopes, to guide floodwaters
around and away from proposed structures.
In all areas of special flood hazard where base flood elevation data has been provided as set forth in § 83-6, Basis for establishing areas of special hazard, and § 83-15B, Use of other base flood and floodway data, the following standards are required:
A.
Residential construction. New construction and substantial
improvements of residential structures shall:
(1)
In Zones A1-30, AE and AH, have the lowest floor, including
the basement or cellar, elevated to or above the base flood elevation.
(2)
In all areas of special flood hazard, have fully enclosed
areas below the lowest floor that are usable 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. Designs
for meeting this requirement must either be certified by a licensed professional
engineer or architect or meet or exceed the following minimum criteria:
(a)
A minimum of two openings having a total net area of
not less than one square inch for every square foot of enclosed area subject
to flooding shall be provided.
(b)
The bottom of all such openings shall be no higher than
one foot above the lowest adjacent finished grade.
(c)
Openings may be equipped with louvers, valves, screens
or other coverings or devices, provided that they permit the automatic entry
and exit of floodwaters.
(3)
Within any AO Zone, have the lowest floor, including
the basement, elevated above the highest adjacent grade at least as high as
the depth number specified in feet on the community's FIRM (at least
two feet if no depth number is specified).
(4)
Within any A Zone, when no base flood data is available,
have the lowest floor elevated at least three feet above the highest adjacent
grade.
B.
Manufactured homes and recreational vehicles.
(1)
A manufactured home that is placed or substantially improved
on a site in an A1-30, AE or AH Zone that is either outside of a manufactured
home park or subdivision, in a new manufactured home park or subdivision as
herein defined, in an expansion to an existing manufactured home park or subdivision
as herein defined or in an existing manufactured home park or subdivision
as herein defined on which a manufactured home has incurred substantial damage
as the result of a flood 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.
(2)
A manufactured home to be placed or substantially improved on a site located in an A1-30, AE or AH Zone, in a manufactured home park or subdivision, as herein defined, that is not subject to the provisions of § 83-17B(1) shall be elevated so that either:
(a)
The lowest floor of the manufactured home is at or above
the base flood elevation; or
(b)
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.
(3)
New construction or substantial improvements of manufactured
homes in Zone A, where no base flood elevation data is available, shall be
elevated at least three feet above the highest adjacent grade.
C.
Nonresidential construction.
(1)
In Zones A1-30, AE and AH, new construction and substantial
improvements of any commercial, industrial or other nonresidential structure,
together with attendant utility and sanitary facilities, shall either:
(a)
Have the lowest floor, including the basement or cellar,
elevated to or above the base flood elevation; or
(b)
Be floodproofed so that the structure is watertight below
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.
(2)
In an AO Zone, all new construction and substantial improvements
shall have the lowest floor, including the basement, elevated above the highest
adjacent grade at least as high as the depth number specified in feet on the
community's FIRM (at least two feet if no depth number is specified).
(3)
In an A Zone, when no base flood data is available, the
lowest floor (including basement) shall be elevated at least three feet above
the highest adjacent grade.
(4)
If the structure is to be elevated, fully enclosed areas
below the lowest floor that are usable solely for parking of vehicles, building
access or storage in an area other than a basement and which are subject to
flooding shall be designed to automatically (without human intervention) equalize
hydrostatic forces on exterior walls by allowing for the entry and exit of
floodwaters. Designs for meeting this requirement must either be certified
by a licensed professional engineer or a licensed architect or meet the following
criteria:
(a)
A minimum of two openings having a total net area of
not less than one square inch for every square foot of enclosed area subject
to flooding shall be provided.
(b)
The bottom of all such openings shall be no higher than
one foot above the lowest adjacent finished grade.
(c)
Openings may be equipped with louvers, valves, screens
or other coverings or devices, provided that they permit the automatic entry
and exit of floodwaters.
(5)
If the structure is to be floodproofed:
(a)
A licensed professional engineer or architect shall develop and/or review structural design, specifications and plans for the construction and shall certify that the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions of § 83-17C(1)(b), including the specific elevation (in relation to mean sea level) to which the structure is floodproofed.
(6)
The local administrator shall maintain on record a copy
of all such certificates noted in this section.
Located within areas of special flood hazard are areas designated as floodways (see definition, § 83-4). The floodway is an extremely hazardous area due to high-velocity floodwaters carrying debris and posing additional threats from potential erosion forces. When floodway data is available for a particular site as provided by § 83-6 or, when applicable, § 83-15B, all encroachments, including fill, new construction, substantial improvements and other development are prohibited within the limits of the floodway unless a technical evaluation demonstrates that such encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.
A.
The Town of Barton Appeals Board as established by the
Town Board of the Town of Barton shall hear and decide appeals and requests
for variances from the requirements of this chapter.
B.
The Town of Barton Appeals Board shall hear and decide
appeals when it is alleged that 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 Town of Barton
Appeals Board 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 Town of Barton
Appeals Board 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.
(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 § 83-19D and the purposes of this chapter, the Town of Barton Appeals Board 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 one-half (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 § 83-19D(1) through (12) have been fully considered. As the lot size increases beyond one-half (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 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 lowest floor elevation.
