[HISTORY: Adopted by the Board of Trustees of the Village of Fultonville
at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Amendments
noted where applicable.]
The Board of Trustees of the Village of Fultonville finds that the potential
and/or actual damages from flooding and erosion may be a problem to the residents
of the Village of Fultonville 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.
As used in this chapter, the following terms shall have
the meanings indicated:
- APPEAL
- A request for a review of the local administrator's interpretation of any provision of this chapter or a request for a variance.
- AREA OF SHALLOW FLOODING
- 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 foot 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.
- AREA OF SPECIAL FLOOD HAZARD
- 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 through A30, A99, V, VO, VE or V1 through V30. It is also commonly referred to as the "base floodplain" or "one-hundred-year floodplain."
- BASE FLOOD
- The flood having a one-percent chance of being equaled or exceeded in any given year.
- BASEMENT
- That portion of a building having its floor subgrade (below ground level) on all sides.
- BUILDING
- See "structure."
- CELLAR
- See "basement."
- DEVELOPMENT
- 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.
- (1) A nonbasement building:
- (a) Built, in the case of a building in Zones A1 through 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 Zones V1 through 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
- (b) 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.
- (a)
- (2) In the case of Zones A1 through 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.
- (3) In the case of Zones V1 through 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.
- EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
- 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.
- EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
- 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).
- FEDERAL EMERGENCY MANAGEMENT AGENCY
- The federal agency that administers the National Flood Insurance Program.
- FLOOD BOUNDARY AND FLOODWAY MAP (FBFM)
- 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.
- FLOOD ELEVATION 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.
- FLOOD HAZARD BOUNDARY MAP (FHBM)
- 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.
- FLOOD INSURANCE RATE MAP (FIRM)
- 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.
- FLOOD INSURANCE STUDY
- See "flood elevation study."
- (1)
- (2) "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.
- FLOODPLAIN OR FLOOD-PRONE AREA
- Any land area susceptible to being inundated by water from any source. (See "flooding.")
- FLOODPROOFING
- 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.
- FLOODWAY
- See "regulatory floodway."
- FUNCTIONALLY DEPENDENT USE
- 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.
- HIGHEST ADJACENT GRADE
- The highest natural elevation of the ground surface, prior to construction, next to the proposed walls of a structure.
- HISTORIC STRUCTURE
- Any structure that is:
- (1) 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;
- (2) 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;
- (3) 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
- (4) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program as determined by the Secretary of the Interior or directly by the Secretary of the Interior in states without approved programs.
- LOCAL ADMINISTRATOR
- 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 Zoning/Code Enforcement Officer, Building Inspector or employee of an engineering department.
- LOWEST FLOOR
- The lowest floor of the lowest enclosed area (including 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.
- MANUFACTURED HOME
- 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.
- MANUFACTURED HOME PARK OR SUBDIVISION
- A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
- MEAN SEA LEVEL
- 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.
- MOBILE HOME
- See "manufactured home."
- NATIONAL GEODETIC VERTICAL DATUM (NGVD)
- As corrected in 1929, a vertical control used as a reference for establishing varying elevations within the floodplain.
- NEW CONSTRUCTION
- 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.
- NEW MANUFACTURED HOME PARK OR SUBDIVISION
- 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.
- ONE-HUNDRED-YEAR FLOOD
- See "base flood."
- PRINCIPALLY ABOVE GROUND
- At least 51% of the actual cash value of the structure, excluding land value, is above ground.
- RECREATIONAL VEHICLE
- A vehicle which is:
- (1) Built on a single chassis;
- (2) Four hundred square feet or less when measured at the largest horizontal projection;
- (3) Designed to be self-propelled or permanently towable by a light-duty truck; and
- (4) Not designed primarily for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.
- REGULATORY FLOODWAY
- 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 § 72-13B of this chapter.
- START OF CONSTRUCTION
- 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; or 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 or sheds), storage trailers and building materials. For manufactured homes, the "actual start" means affixing of the manufactured home to its permanent site.
- STRUCTURE
- A walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home.
- SUBSTANTIAL DAMAGE
- 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.
- SUBSTANTIAL IMPROVEMENT
- 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:
- (1) 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
- (2) Any alteration of an historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure.
- VARIANCE
- 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 Village of Fultonville.
A.
The areas of special flood hazard for the Village of
Fultonville, community number 360716, are identified and defined on the following
documents prepared by the Federal Emergency Management Agency:
(1)
A scientific and engineering report entitled "Flood Insurance
Study of the Village of Fultonville, Montgomery County, New York (all jurisdictions),"
dated April 15, 1982.
B.
The above documents are hereby adopted and declared to
be a part of this chapter. The Flood Insurance Study and/or maps are on file
at the Village Clerk/Treasurer's office, Village of Fultonville, Fultonville,
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 punished in
accordance with Chapter 1, General Provisions, Article II, General Penalty.
Nothing herein contained shall prevent the Village of Fultonville 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 §§ 72-19 and 72-20 will be declared noncompliant
and notification 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 Village of Fultonville, 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 Zoning/Code Enforcement Officer 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 § 72-6, 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 as set by the Board of Trustees.[1] In addition, the applicant shall be responsible for reimbursing
the Village of Fultonville for any additional costs necessary for review,
inspection and approval of this project. The local administrator may require
a deposit of not more than $500 to cover these additional costs.
[1]:
Editor's Note: A fee schedule is located in the office of the
Village Clerk/Treasurer
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 Zones A1 through 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 § 72-15C,
Utilities.
D.
A certificate from a licensed professional engineer or
architect that any nonresidential floodproofed structure will meet the floodproofing
criteria in § 72-17, Nonresidential structures (except coastal high-hazard
areas).
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 § 72-6, 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 § 72-12, Permit application, 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 §§ 72-14
through 72-18 and, in particular, § 72-14A, 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 §§ 72-14 through 72-18, 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 § 72-12G, 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)
The local administrator shall, in Zones A1 through 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 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 § 72-8 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 § 72-8 of this chapter.
G.
Certificate of compliance.
(1)
In areas of special flood hazard, as determined by documents
enumerated in § 72-6, 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 § 72-6:
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):
B.
Encroachments.
(1)
Within Zones A1 through 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 Village of Fultonville 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 Village of Fultonville for all fees and other costs in
relation to the application. The applicant must also provide all data, analyses
and mapping and reimburse the Village of Fultonville 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
§ 72-6, 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 the occurrence of the base flood; or
(b)
The Village of Fultonville 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 Village of Fultonville for all fees and other
costs in relation to the application. The applicant must also provide all
data, analyses and mapping and reimburse the Village of Fultonville 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 Zones A1 through 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 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.
(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 § 72-14A,
Subdivision proposals, and § 72-14B, Encroachments, and § 72-15,
Standards for all structures, apply to structures located in areas of special
flood hazard as indicated:
A.
Within Zones A1 through 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
or 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 § 72-6 (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 § 72-14A, Subdivision proposals, and § 72-14B, Encroachments,
and § 72-15, Standards for all structures.
A.
Within Zones A1 through 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 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 that 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 § 72-14,
General standards, and § 72-15, 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 through 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 to or 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 as recommended by the manufactured home's
manufacturer.
C.
A manufactured home to be placed or substantially improved
in Zones A1 through 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 is 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.
A.
The Zoning Board of Appeals as established by the Village
of Fultonville 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 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 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
purpose 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 in § 72-19D(1)
through (12) have been fully considered. As the lot size increases beyond
the 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 chapters 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.