The 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 § 61-6, 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 of $50. In addition
the applicant shall be responsible for reimbursing the Village of
Brightwaters 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 at least the following
information, where applicable. 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 Zones 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,
of the bottom of the lowest structural member of the lowest floor
(excluding pilings and columns) of any new or substantially improved
structure to be located in Zones V1-V30 or VE, or Zone V 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.
C.
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.
D.
A certificate from a licensed professional engineer or architect that any utility floodproofing will meet the criteria in § 61-16C, Utilities.
E.
A certificate from a licensed professional engineer or architect that any nonresidential floodproofed structure will meet the floodproofing criteria in § 61-19, Nonresidential structures (except coastal high-hazard areas).
F.
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 § 61-6, 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.
G.
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.
H.
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.
I.
In Zones V1-V30 and VE, and also Zone V if base flood
elevation data are available, designs and specifications, certified
by a licensed professional engineer or architect, for any breakaway
walls in a proposed structure with design strengths in excess of 20
pounds per square foot.
J.
In Zones V1-V30 and VE, and also Zone V if base flood
elevation data are available, for all new and substantial improvements
to structures, floodplain development permit applications shall be
accompanied by design plans and specifications, prepared in sufficient
detail to enable independent review of the foundation support and
connection components. Said plans and specifications shall be developed
or reviewed by a licensed professional engineer or architect and shall
be accompanied by a statement, bearing the signature of the architect
or engineer, certifying that the design and methods of construction
to be used are in accordance with accepted standards of practice and
with all applicable provisions of this chapter.
Duties of the local administrator shall include
but not be limited 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 § 61-13, 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, subsection § 61-15B, 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 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.
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 § 61-13H, 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)
In Zones V1-V30 and VE, and also Zone V if base flood
elevation data are available, upon placement of the lowest floor of
a new or substantially improved structure, the permit holder shall
submit to the local administrator a certificate of elevation, in relation
to mean sea level, of the bottom of the lowest structural member of
the lowest floor (excluding pilings and columns). For manufactured
homes, the permit holder shall submit the certificate of elevation
upon placement of the structure on the site. An elevation certificate
must also be submitted for a recreational vehicle if it remains on
a site 180 consecutive days or longer (unless it is fully licensed
and ready for highway use).
(3)
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 § 61-9 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 § 61-9 of this chapter.
G.
Certificate of compliance.
(1)
In areas of special flood hazard, as determined by documents enumerated in § 61-6, 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:
