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 §
82-6:
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 Zone A on streams without a regulatory floodway, no new construction and substantial improvements to structures, or other development (including fill), shall be permitted within the floodway area of the watercourse (as may be determined by the Town Building Inspector or other duly authorized representative of the Town after review of the flood data information provided as described in §
82-12F, §
82-12G and §
82-13B), unless:
[Amended 12-8-2015 by L.L. No. 2-2015]
(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 1/2 foot at any location; and
(b)
The Town of New Paltz 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 New Paltz 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 New
Paltz 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 §
82-6, 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; and
(b)
The Town of New Paltz 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 New Paltz 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 New Paltz for all costs related to the final map revisions.
(c)
Whenever any portion of a floodplain is authorized for development,
the volume of space occupied by any authorized fill or structure that
will be located below the base flood elevation shall be compensated
for and balanced by a hydraulically equivalent volume of excavation
taken from below the base flood elevation at or adjacent to the development
site. All such excavation shall be constructed to drain freely to
the watercourse. No area below the waterline of a pond or other body
of water or below the normal elevation at which groundwater is found
can be credited as compensating excavation.
The following standards apply to new and substantially improved residential structures located in areas of special flood hazard, in addition to the requirements in §
82-14A, Subdivision proposals, §
82-14B, Encroachments, and §
82-15, Standards for all structures:
A. Elevation.
(1) Within Zones AE and AH, and also Zone A if base flood elevation data
are available, new construction and substantial improvements shall
have the lowest floor (including basement) elevated to or above two
feet above the base flood elevation.
[Amended 12-8-2015 by L.L. No. 2-2015]
(2) 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.
B. Within Zone AH, adequate drainage paths are required to guide floodwaters
around and away from proposed structures on slopes.
[Amended 12-8-2015 by L.L. No. 2-2015]
The following standards apply to new and substantially improved commercial, industrial and other nonresidential structures located in areas of special flood hazard, in addition to the requirements in §
82-14A, Subdivision proposals, §
82-14B, Encroachments, and §
82-15, Standards for all structures:
A. Within Zones 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 two feet above the base flood elevation; or
(2) Be floodproofed so that the structure is watertight below two feet
above the base flood elevation, with walls substantially impermeable
to the passage of water. All structural components located below the
base flood level must be capable of resisting hydrostatic and hydrodynamic
loads and the effects of buoyancy.
B. 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 §
82-17A(2), including the specific elevation (in relation to mean sea level) to which the structure is to be floodproofed.
C. Within Zone AH, adequate drainage paths are required to guide floodwaters
around and away from proposed structures on slopes.
[Amended 12-8-2015 by L.L. No. 2-2015]
D. 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.
In order to prevent potential flood damage to certain facilities
that would result in serious danger to life and health, or widespread
social or economic dislocation, no new critical facilities shall be
located within any area of special flood hazard and shaded X Zone
on the Town of New Paltz Flood Insurance Rate Maps.
The following standards, in addition to the standards in §
82-14, General Standards, and §
82-15, 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. Recreational vehicles.
(1) Recreational vehicles placed on sites within Zones, AE and AH shall
either:
(a)
Be on site fewer than 180 consecutive days;
(b)
Be fully licensed and ready for highway use; or
(c)
Meet the requirements for manufactured homes in §
82-19B,
C and D.
(2) A recreational vehicle is ready for highway use if it is on its wheels
or jacking system, is attached to the site only by quick-disconnect-type
utilities and security devices and has no permanently attached additions.
B. A manufactured home that is placed or substantially improved in Zones
AE and AH shall be elevated on a permanent foundation such that the
lowest floor is elevated to or above two feet above the base flood
elevation and is securely anchored to an adequately anchored foundation
system to resist flotation, collapse and lateral movement.
C. 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 grade and are securely
anchored to an adequately anchored foundation system to resist flotation,
collapse or lateral movement.