The Commissioner of Public Works or his or her
designee 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 as defined in § 211-6, 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, drainage facilities and the location of the foregoing.
B.
Fees. All applications for a floodplain development
permit shall be accompanied by an application fee of $200 or such
other amount as may be determined by resolution of the Town Board.
In addition, the applicant shall be responsible for reimbursing the
Town of Brighton for any additional costs necessary for review, inspection
and approval of this project. The local administrator may require
a deposit 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, on a Federal Emergency Management Agency Elevation certificate.
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 § 211-15C, Utilities.
D.
A certificate from a licensed professional engineer or architect that any nonresidential floodproofed structure will meet the floodproofing criteria in § 211-17, 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 § 211-6, 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.
H.
Certification by the applicant's licensed professional
engineer that all necessary permits and approvals have been received
from those agencies with jurisdiction.
I.
Copies of notification, sent by certified mail, to
adjacent communities and NYSDEC upon approval from the local administrator
and prior to initiating any alterations or relocations of a watercourse
and evidence of such notification to the Regional Director, Region
11, Federal Emergency Management Agency.
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:
(1)
Review all applications for completeness, particularly with the requirements of § 211-12, Application for permit, 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 Article V, Construction Standards, and, in particular, § 211-14A, Subdivision proposals.
(3)
Determine, based upon the technical analysis provided by the applicant's licensed professional engineer, 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's licensed professional engineer to submit additional technical analyses and data and certification 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 Article V, Construction Standards, 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. The local administrator may require the applicant's
licensed professional engineer to certify that all such approvals
have been received.
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 § 211-12G, 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.
(1)
Notification to adjacent communities and the New York
State Department of Environmental Conservation prior to permitting
any alteration or relocation of a watercourse, and submittal of evidence
of such notification to the Regional Director, Region II, Federal
Emergency Management Agency.
(2)
Determine that the permit holder has provided for
maintenance within the altered or relocated portion of said watercourse
so that the flood-carrying capacity is not diminished.
D.
Construction stage.
(1)
In 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, obtain from the permit holder a certification of the as-built
elevation of the lowest floor or floodproofed elevation, in relation
to mean sea level. The certificate shall be prepared by or under the
direct supervision of a licensed land surveyor or professional engineer
and certified by same. For manufactured homes, the permit holder shall
submit the Certificate of Elevation upon placement of the structure
on the site. A Certificate of Elevation must also be
submitted for a recreational vehicle if it remains on a site for 180
consecutive days or longer (unless it is fully licensed and ready
for highway use).
(2)
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 § 211-8 of this chapter.
(2)
The local administrator shall issue, or cause to be issued, a stop-work order for any floodplain development found noncompliant with the provisions of this chapter and/or the conditions of the development permit. Disregard of a stop-work order shall subject the violator to the penalties described in § 211-8 of this chapter.
G.
Certificate of compliance.
(1)
In areas of special flood hazard, as determined by documents enumerated in § 211-6, 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. The basis for the local administrator’s determination shall be supporting documentation provided and certified by the applicant's licensed professional engineer/licensed surveyor.
(2)
A certificate of compliance shall be issued by the
local administrator upon satisfactory completion of all development
in areas of special flood hazard.
H.
Information to be retained. The local administrator
shall retain and make available for inspection, copies of the following:
(1)
Floodplain development permits and certificates of
compliance.
(2)
Certifications of as-built lowest floor elevations of structures, required pursuant to § 211-13D(1) and (2), and whether or not the structures contain a basement.
(3)
Floodproofing certificates required pursuant to § 211-13D(1), and whether or not the structures contain a basement.
