[HISTORY: Adopted by the Town Board of the Town of Batavia 8-21-1996
by L.L. No. 2-1996. Amendments noted where applicable.]
The Town Board of the Town of Batavia finds that the potential and/or
actual damages from flooding and erosion may be a problem to the residents
of the Town of Batavia 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 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, 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
BUILDING
CELLAR
CRAWL SPACE
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 HAZARD BOUNDARY MAP (FHBM)
FLOOD INSURANCE RATE MAP (FIRM)
FLOOD INSURANCE STUDY
FLOOD OR FLOODING
(1)
(2)
FLOODPLAIN OR FLOOD-PRONE AREA
FLOODPROOFING
FLOODWAY
FUNCTIONALLY DEPENDENT USE
HIGHEST ADJACENT GRADE
HISTORIC STRUCTURE
(1)
(2)
(3)
(4)
LOCAL ADMINISTRATOR
LOWEST FLOOR
MANUFACTURED HOME
MANUFACTURED HOME PARK OR SUBDIVISION
MEAN SEA LEVEL
MOBILE HOME
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
START OF CONSTRUCTION
STRUCTURE
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
(1)
(2)
VARIANCE
As used in this chapter, the following terms shall have
the meanings indicated:
A request for a review of the local administrator's interpretation
of any provision of this chapter or a request for a variance.
A designated AO, AH or VO Zone on a community's Flood Insurance
Rate Map (FIRM) with a one-percent or greater annual chance of flooding to
an average annual depth of one to three feet where a clearly defined channel
does not exist, where the path of flooding is unpredictable and where velocity
flow may be evident. Such flooding is characterized by ponding or sheet flow.
The land in the floodplain within a community subject to a one-percent
or greater chance of flooding in any given year. This area may be designated
as Zone A, AE, AH, AO, A1-A30, A99, V, VO, VE or V1-V30. It is also commonly
referred to as the "base floodplain" or the "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.
See "structure."
The same meaning as "basement."
An enclosed area beneath the lowest elevated floor, 18 inches or
more in height, which is used to service the underside of the lowest elevated
floor. The elevation of the floor of this enclosed area, which may be of soil,
gravel, concrete or other material, must be equal to or above the lowest adjacent
exterior grade. The enclosed crawl space area shall be properly vented to
allow for the equalization of hydrostatic forces which would be experienced
during periods of flooding.
Any man-made change to improved or unimproved real estate, including
but not limited to buildings or other structures, mining, dredging, filling,
paving, excavation or drilling operations or storage of equipment or materials.
A nonbasement building built, in the case of a building in Zone A1-A30,
AE, A, A99, AO, AH, B, C, X or D, to have the top of the elevated floor or,
in the case of a building in Zone V1-V30, 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 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.
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.
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
defined but no flood elevations are provided.
An official map of a community on which the Federal Emergency Management
Agency has delineated both the areas of special flood hazard and the risk
premium zones applicable to the community.
See "flood elevation study."
"Flood" or "flooding" also means the collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as a flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in Subsection (1)(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 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 the
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 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 adopted by the community
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, 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 § 112-13B of this chapter.
Includes substantial improvement and means 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 a historic structure, provided that the alteration
will not preclude the structure's continued designation as a 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 Batavia.
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 $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 Batavia 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 §§ 112-19 and 112-20 will be declared noncompliant, and notification shall be sent to the Federal Emergency Management Agency.
The degree of flood protection required by this chapter is considered
reasonable for regulatory purposes and is based on scientific and engineering
considerations. Larger floods can and will occur on rare occasions. Flood
heights may be increased by man-made or natural causes. This chapter does
not imply that land outside the areas of special flood hazard or uses permitted
within such areas will be free from flooding or flood damages. This chapter
shall not create liability on the part of the Town of Batavia, 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 Town of Batavia Building Inspector is hereby appointed local administrator
to administer and implement this chapter by granting or denying floodplain
development permits in accordance with its provisions.
A.
Purpose. A floodplain development permit is hereby established for all construction and other development to be undertaken in areas of special flood hazard in this community for the purpose of protecting its citizens from increased flood hazards and ensuring that new development is constructed in a manner that minimizes its exposure to flooding. It shall be unlawful to undertake any development in an area of special flood hazard, as shown on the Flood Insurance Rate Map enumerated in § 112-6, without a valid floodplain development permit. Application for a permit shall be made on forms furnished by the local administrator and may include but not be limited to plans, in duplicate, drawn to scale and showing the nature, location, dimensions and elevations of the area in question; existing or proposed structures, fill, storage of materials, and drainage facilities; and the location of the foregoing.
B.
Fees. All applications for a floodplain development permit
shall be accompanied by an application fee to be determined by the Town Board
by resolution. In addition, the applicant shall be responsible for reimbursing
the Town of Batavia 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.
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 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.
B.
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.
C.
A certificate from a licensed professional engineer or architect that any utility floodproofing will meet the criteria in § 112-15C, Utilities.
D.
A certificate from a licensed professional engineer or architect that any nonresidential floodproofed structure will meet the floodproofing criteria in § 112-17, Nonresidential structures.
E.
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 § 112-6, 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.
F.
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.
G.
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.
Duties of the local administrator shall include, but not be limited
to the following:
A.
Permit application review. The local administrator shall
conduct the following permit application review before issuing a floodplain
development permit. The local administrator shall:
(1)
Review all applications for completeness, particularly with the requirements of § 112-12, Application information, and for compliance with the provisions and standards of this chapter.
(2)
Review subdivision and other proposed new development, including manufactured home parks, to determine whether proposed building sites will be reasonably safe from flooding. If a proposed building site is located in an area of special flood hazard, all new construction and substantial improvements shall meet the applicable standards of §§ 112-14 through 112-18 and, in particular, § 112-14A, Subdivision proposals.
(3)
Determine whether any proposed development in an area of special flood hazard may result in physical damage to any other property (e.g., stream bank erosion and increased flood velocities). The local administrator may require the applicant to submit additional technical analyses and data necessary to complete the determination. If the proposed development may result in physical damage to any other property or fails to meet the requirements of §§ 112-14 through 112-18, no permit shall be issued. The applicant may revise the application to include measures that mitigate or eliminate the adverse effects and resubmit the application.
(4)
Determine that all necessary permits have been received
from those governmental agencies from which approval is required by state
or federal law.
B.
Use of other flood data.
(1)
When the Federal Emergency Management Agency has designated areas of special flood hazard on the community's Flood Insurance Rate Map (FIRM) but has neither produced water surface elevation data (these areas are designated Zone A or V on the FIRM) nor identified a floodway, the local administrator shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, including data developed pursuant to § 112-12G, 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. The local administrator shall:
(1)
Notify adjacent communities and the New York State Department
of Environmental Conservation prior to permitting any alteration or relocation
of a watercourse and submit evidence of such notification to the Regional
Director, Region II, Federal Emergency Management Agency.
(2)
Determine 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 Zones A1-A30, AE and AH and also Zone A if base flood
elevation data are available, upon placement of the lowest floor or completion
of floodproofing of a new or substantially improved structure, the local administrator
shall obtain from the permit holder a certification of the as-built elevation
of the lowest floor or floodproofed elevation, in relation to mean sea level.
The certificate shall be prepared by or under the direct supervision of a
licensed land surveyor or professional engineer and certified by the 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)
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 § 112-8 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 law and/or the conditions of the development permit. Disregard of a stop-work order shall subject the violator to the penalties described in § 112-8 of this chapter.
G.
Certificate of compliance.
(1)
In areas of special flood hazard, as determined by documents enumerated in § 112-6, 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 Subsection E, 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:
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 § 112-6:
A.
Subdivision proposals. The following standards apply
to all new subdivision proposals and other proposed development in areas of
special flood hazard (including proposals for manufactured home and recreational
vehicle parks and subdivisions):
(1)
Proposals shall be consistent with the need to minimize
flood damage;
(2)
Public utilities and facilities, such as sewer, gas,
electrical and water systems, shall be located and constructed so as to minimize
flood damage; and
(3)
Adequate drainage shall be provided to reduce exposure
to flood damage.
B.
Encroachments.
(1)
Within Zones A1-A30 and AE, on streams without a regulatory
floodway, no new construction, substantial improvements or other development
(including fill) shall be permitted unless:
(a)
The applicant demonstrates that the cumulative effect
of the proposed development, when combined with all other existing and anticipated
development, will not increase the water surface elevation of the base flood
more than one foot at any location; or
(b)
The Town of Batavia 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 Batavia 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 Batavia for all costs related to the final
map revision.
(2)
On streams with a regulatory floodway, as shown on the Flood Boundary and Floodway Map or the Flood Insurance Rate Map adopted in § 112-6, no new construction, substantial improvements or other development in the floodway (including fill) shall be permitted unless:
(a)
A technical evaluation by a licensed professional engineer
shows that such an encroachment shall not result in any increase in flood
levels during occurrence of the base flood; or
(b)
The Town of Batavia 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 Batavia 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 Batavia for all costs related
to the final map revisions.
A.
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.
B.
Construction materials and methods.
(1)
New construction and substantial improvements to structures
shall be constructed with materials and utility equipment resistant to flood
damage.
(2)
New construction and substantial improvements to structures
shall be constructed using methods and practices that minimize flood damage.
(3)
Enclosed areas.
(a)
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 usable solely for the 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:
(b)
Openings may be equipped with louvers, valves, screens
or other coverings or devices, provided that they permit the automatic entry
and exit of floodwaters. Enclosed areas subgrade on all sides are considered
basements and are not permitted.
C.
Utilities.
(1)
Machinery and equipment servicing a building must either
be elevated to or above the base flood level or designed to prevent water
from entering or accumulating within the components during a flood. This includes
heating, ventilating and air-conditioning equipment, hot-water heaters, appliances,
elevator lift machinery and electrical junction and circuit breaker boxes.
When located below the base flood elevation, a professional engineer's
or architect's certification of the design is required;
(2)
New and replacement water supply systems shall be designed
to minimize or eliminate infiltration of floodwaters into the system;
(3)
New and replacement sanitary sewage systems shall be
designed to minimize or eliminate infiltration of floodwaters. Sanitary sewer
and storm drainage systems for buildings that have openings below the base
flood elevation shall be provided with automatic backflow valves or other
automatic backflow devices that are installed in each discharge line passing
through a building's exterior wall; and
(4)
On-site waste disposal systems shall be located to avoid
impairment to them or contamination from them during flooding.
The following standards, in addition to the standards in § 112-14A, Subdivision proposals, § 112-14B, Encroachments, and § 112-15, Standards for all structures, apply to structures located in areas of special flood hazard as indicated:
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 two feet or more
above the base flood level.
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 the depth number specified in feet on the community's Flood Insurance Rate Map enumerated in § 112-6 (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.
The following standards apply to new and substantially improved commercial, industrial and other nonresidential structures, in addition to the requirements in § 112-14A, Subdivision proposals, § 112-14B, Encroachments, and § 112-15, 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
of any nonresidential structure, together with attendant utility and sanitary
facilities, shall either:
(1)
Have the lowest floor, including basement or cellar,
elevated to or above the base flood elevation; or
(2)
Be floodproofed so that the structure is watertight to
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.
B.
Within Zone AO, new construction and substantial improvements
of nonresidential structures shall:
(1)
Have the lowest floor (including basement) elevated above
the highest adjacent grade at least as high as the depth number specified
in feet on the community's FIRM (at least two feet if no depth number
is specified); or
C.
If the structure is to be floodproofed, a licensed professional engineer or architect shall develop and/or review structural design, specifications and plans for construction. A floodproofing certificate or other certification shall be provided to the local administrator that certifies the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions of Subsection A(2), including the specific elevation (in relation to mean sea level) to which the structure is to be floodproofed.
D.
Within Zones AH and AO, adequate drainage paths are required
to guide floodwaters around and away from proposed structures on slopes.
E.
Within Zone A, when no base flood elevation data are
available, the lowest floor (including basement) shall be elevated at least
three feet above the highest adjacent grade.
The following standards, in addition to the standards in § 112-14, General standards, and § 112-15, Standards for all structures, apply, as indicated, in areas of special flood hazard to manufactured homes and to recreational vehicles which are located in areas of special flood hazard:
A.
B.
A manufactured home that is placed or substantially improved
in Zones A1-A30, AE and AH that is on a site either outside of an existing
manufactured home park or subdivision as herein defined, 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 two feet
or more 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. Methods
of anchoring may include but are not limited to use of over-the-top or frame
ties to ground anchors.
C.
A manufactured home to be placed or substantially improved
in Zones A1-A30, AE and AH in an existing manufactured home park or subdivision
that is not to be placed on a site on which a manufactured home has incurred
substantial damage shall be:
(2)
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 the lowest adjacent 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.
D.
Within Zone A, 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 the lowest adjacent 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.
E.
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 § 112-6 (at least two feet if no depth number is specified). Elevation on piers consisting of dry-stacked blocks is prohibited.
A.
The Zoning Board of Appeals as established by Town of
Batavia shall hear and decide appeals and requests for variances from the
requirements of this chapter.
B.
The Zoning Board of Appeals shall hear and decide appeals
when it is alleged there is an error in any requirement, decision or determination
made by the local administrator in the enforcement or administration of this
chapter.
C.
Those aggrieved by the decision of the Zoning Board of
Appeals may appeal such decision to the Supreme Court, pursuant to Article
78 of the Civil Practice Law and Rules.
D.
In passing upon such applications, the Zoning Board of
Appeals shall consider all technical evaluations, all relevant factors, standards
specified in other sections of this chapter and:
(1)
The danger that materials may be swept onto other lands
to the injury of others.
(2)
The danger to life and property due to flooding or erosion
damage.
(3)
The susceptibility of the proposed facility and its contents
to flood damage and the effect of such damage on the individual owner.
(4)
The importance of the services provided by the proposed
facility to the community.
(5)
The necessity to the facility of a waterfront location,
where applicable.
(6)
The availability of alternative locations for the proposed
use which are not subject to flooding or erosion damage.
(7)
The compatibility of the proposed use with existing and
anticipated development.
(8)
The relationship of the proposed use to the Comprehensive
Plan and floodplain management program of that area.
(9)
The safety of access to the property in times of flood
for ordinary and emergency vehicles.
(10)
The costs to local governments and the dangers associated
with conducting search and rescue operations during periods of flooding.
(11)
The expected heights, velocity, duration, rate of rise
and sediment transport of the floodwaters and the effects of wave action,
if applicable, expected at the site.
(12)
The costs of providing governmental services during and
after flood conditions, including search and rescue operations and maintenance
and repair of public utilities and facilities, such as sewer, gas, electrical
and water systems and streets and bridges.
E.
Upon consideration of the factors of Subsection D and the purposes of this chapter, the Zoning Board of Appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
F.
The local administrator shall maintain the records of
all appeal actions, including technical information, and report any variances
to the Federal Emergency Management Agency upon request.
A.
Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided that the items § 112-19D(1) through (12) have been fully considered. As the lot size increases beyond 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 determination that:
C.
Variances may be issued by a community for new construction
and substantial improvements and for other development necessary for the conduct
of a functionally dependent use provided that:
D.
Variances shall not be issued within any designated floodway
if any increase in flood levels during the base flood discharge would result.
E.
Variances shall only be issued upon a determination that
the variance is the minimum necessary, considering the flood hazard, to afford
relief.
F.
Variances shall only be issued upon receiving written
justification of:
(1)
A showing of good and sufficient cause;
(2)
A determination that failure to grant the variance would
result in exceptional hardship to the applicant; and
(3)
A determination that the granting of a variance will
not result in increased flood heights, additional threats to public safety
or extraordinary public expense, create nuisances, cause fraud on or victimization
of the public or conflict with existing local laws or ordinances.
G.
Any applicant to whom a variance is granted for a building
with the lowest floor below the base flood elevation shall be given written
notice over the signature of a community official that the cost of flood insurance
will be commensurate with the increased risk resulting from lowest floor elevation.[1]
[1]
Editor's Note: Attachment A, Model Floodplain Development Application
Form, and Attachment B, Sample Certificate of Compliance, are on file in the
Town Clerk's office.
