Whenever in the course of the administration
and enforcement of this chapter it is necessary or desirable to make
any administrative decision, then, unless other standards are in this
chapter provided, the decision shall be made so that the result will
not be contrary to the spirit and purpose of this chapter or injurious
to the surrounding neighborhood.
[Amended 2-5-2008; 6-19-2018; 4-29-2019]
A.
Statutory authorization and purpose.
(1)
Findings. The City Council of the City of Lackawanna finds that the
potential and/or actual damages from flooding and erosion may be a
problem to the residents of the City of Lackawanna 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 section is adopted.
(2)
Statement of purpose. It is the purpose of this section 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;
and
(f)
Qualify for and maintain participation in the National Flood
Insurance Program.
(3)
Objectives. The objectives of this section are:
(a)
To protect human life and health;
(b)
To minimize expenditure of public money for costly flood control
projects;
(c)
To minimize the need for rescue and relief efforts associated
with flooding and generally undertaken at the expense of the general
public;
(d)
To minimize prolonged business interruptions;
(e)
To 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)
To 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)
To provide that developers are notified that property is in
an area of special flood hazard; and
(h)
To ensure that those who occupy the areas of special flood hazard
assume responsibility for their actions.
B.
100-YEAR FLOOD
ACCESSORY STRUCTURE
APPEAL
AREA OF SHALLOW FLOODING
AREA OF SPECIAL FLOOD HAZARD
BASE FLOOD
BASEMENT
BREAKAWAY WALL
BUILDING
CELLAR
COASTAL A ZONE
COASTAL HIGH HAZARD AREA
CRAWL SPACE
CRITICAL FACILITIES
(1)
(2)
(3)
(4)
DEVELOPMENT
ELEVATED BUILDING
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)
LIMIT OF MODERATE WAVE ACTION (LiMWA)
LOCAL ADMINISTRATOR
LOWEST FLOOR
MANUFACTURED HOME
MANUFACTURED HOME PARK OR SUBDIVISION
MEAN SEA LEVEL
MOBILE HOME
NEW CONSTRUCTION
PRIMARY FRONTAL DUNE
PRINCIPALLY ABOVEGROUND
RECREATIONAL VEHICLE
(1)
(2)
(3)
(4)
REGULATORY FLOODWAY
SAND DUNES
START OF CONSTRUCTION
STRUCTURE
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
(1)
(2)
VARIANCE
VIOLATION
Definitions. Unless specifically defined below, words or phrases
used in this section shall be interpreted so as to give them the meaning
they have in common usage and to give this section its most reasonable
application.
Has the same meaning as "base flood."
A structure used solely for parking (two-car detached garages
or smaller) or limited storage, represents a minimal investment of
not more than 10% of the value of the primary structure, and may not
be used for human habitation.
A request for a review of the local administrator's interpretation
of any provision of this section or a request for a variance.
A designated AO, AH or VO Zone on a community's 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.
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 100-year floodplain. For purposes of this section, the term "special
flood hazard area (SFHA)" is synonymous in meaning with the phrase
"area of special flood hazard."
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.
A wall that is not part of the structural support of the
building and is intended through its design and construction to collapse
under specific lateral loading forces without causing damage to the
elevated portion of the building or the supporting foundation system.
See "structure."
Has the same meaning as "basement."
Area within a SFHA, landward of a V1-V30, VE, or V Zone or
landward of an open coast without mapped coastal high hazard areas.
In a Coastal A Zone, the principal source of flood must be astronomical
tides, storm surges, seiches or tsunamis, not riverine flooding. During
the base flood conditions, the potential for breaking wave height
shall be greater than or equal to 1 1/2 feet (457 mm). The inland
limit of Coastal A Zone is: a) the limit of moderate wave action if
delineated on a FIRM; or b) designated by the authority having jurisdiction.
An area of special flood hazard extending from offshore to
the inland limit of a primary frontal dune along an open coast and
any other area subject to high velocity wave action from storms or
seismic sources. The area is designated on a FIRM as Zone V1-V30,
VE, VO or V.
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.
Structures or facilities that produce, use or store highly volatile,
flammable, explosive, toxic and/or water-reactive materials;
Hospitals, nursing homes, and housing likely to contain occupants
who may not be sufficiently mobile to avoid death or injury during
a flood;
Police stations, fire stations, vehicle and equipment storage
facilities, and emergency operations centers that are needed for flood
response activities before, during, and after a flood; and
Public and private utility facilities that are vital to maintaining
or restoring normal services to flooded areas before, during and after
a flood.
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: i) built, in the case of a building
in Zones 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 Zones V1-30,
VE, or V, to have the bottom of the lowest horizontal structural 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 ii) 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 Zones 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 Zones 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.
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 designated as Zone A 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.
Has 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:
Line shown on FIRMs to indicate the inland limit of the 1 1/2
foot (457 mm) breaking wave height during the base flood.
The person appointed by the community to administer and implement
this section by granting or denying development permits in accordance
with its provisions. This person is often the Building Inspector,
Code Enforcement Officer, or employee of an engineering department.
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 section.
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, the North American
Vertical Datum of 1988 (NAVD 88), or other datum to which base flood
elevations shown on a community's FIRM are referenced.
Has the same meaning as "manufactured home."
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 continuous or nearly continuous mound or ridge of sand
with relatively steep seaward and landward slopes immediately landward
and adjacent to the beach and subject to erosion and overtopping from
high tides and waves during major coastal storms. The inland limit
of the primary frontal dune occurs at the point where there is a distinct
change from a relatively steep slope to a relatively mild slope.
At least 51% of the actual cash value of the structure, excluding
land value, is aboveground.
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 Subsection D(4)(b) of this section.
Naturally occurring accumulations of sand in ridges or mounds
landward of the beach.
The date of permit issuance for new construction and substantial
improvements to existing structures, provided that actual start of
construction, repair, reconstruction, rehabilitation, addition placement,
or other improvement is within 180 days after the date of issuance.
The actual start of construction means the first placement of permanent
construction of a building (including a manufactured home) on a site,
such as the pouring of a slab or footings, installation of pilings
or construction of columns. Permanent construction does not include
land preparation (such as clearing, excavation, grading, or filling),
or the installation of streets or walkways, or excavation for a basement,
footings, piers or foundations, or the erection of temporary forms,
or the installation of accessory buildings such as garages or sheds
not occupied as dwelling units or not part of the main building. For
a substantial improvement, the actual "start of construction" means
the first alteration of any wall, ceiling, floor, or other structural
part of a building, whether or not that alteration affects the external
dimensions of the building.
A walled and roofed building, including a gas or liquid storage
tank, that is principally aboveground, 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 an historic structure provided that the alteration
will not preclude the structure's continued designation as an historic
structure.
A grant of relief from the requirements of this section which
permits construction or use in a manner that would otherwise be prohibited
by this section.
The failure of a structure or other development to be fully
compliant with the community's floodplain management regulations.
C.
General provisions.
(1)
Lands to which this section applies. This section shall apply to
all areas of special flood hazard within the jurisdiction of the City
of Lackawanna.
(2)
Basis for establishing the areas of special flood hazard.
[Amended 5-18-2021]
(a)
The areas of special flood hazard are identified and defined
on the following documents prepared by the Federal Emergency Management
Agency:
(b)
The above documents are hereby adopted and declared to be a
part of this section. The Flood Insurance Study and/or maps are on
file at: Office of Code Enforcement, City Hall, City of Lackawanna.
(3)
Interpretation and conflict with other laws.
(a)
This section includes all revisions to the National Flood Insurance
Program through October 27, 1997, and shall supersede all previous
laws adopted for the purpose of flood damage prevention.
(b)
In their interpretation and application, the provisions of this
section shall be held to be minimum requirements, adopted for the
promotion of the public health, safety, and welfare. Whenever the
requirements of this section are at variance with the requirements
of any other lawfully adopted rules, regulations, or ordinances, the
most restrictive, or that imposing the higher standards, shall govern.
(4)
Severability. The invalidity of any section or provision of this
section shall not invalidate any other section or provision thereof.
(5)
Penalties for noncompliance. 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 section and any other applicable regulations. Any infraction of the provisions of this section 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 section 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 City of Lackawanna from taking such other lawful action as necessary to prevent or remedy an infraction. Any structure found not compliant with the requirements of this section for which the developer and/or owner has not applied for and received an approved variance under Subsection F will be declared noncompliant and notification sent to the Federal Emergency Management Agency.
(6)
Warning and disclaimer of liability. The degree of flood protection
required by this section 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 section does not imply
that land outside the area of special flood hazards or uses permitted
within such areas will be free from flooding or flood damages. This
section shall not create liability on the part of the City of Lackawanna,
any officer or employee thereof, or the Federal Emergency Management
Agency, for any flood damages that result from reliance on this section
or any administrative decision lawfully made thereunder.
D.
Administration.
(1)
Designation of the local administrator. The Code Enforcement Officer
is hereby appointed local administrator to administer and implement
this section by granting or denying floodplain development permits
in accordance with its provisions.
(2)
The floodplain development permit.
(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 insuring 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 Subsection C(2), 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 $25. In addition, the applicant
shall be responsible for reimbursing the City of Lackawanna 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.
(3)
Application for a permit. 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
top 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 permitee shall submit to the local
administrator the asbuilt 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 permitee
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 permitee 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 Section 5.2-3,
UTILITIES.
(e)
A certificate from a licensed professional engineer or architect that any nonresidential floodproofed structure will meet the floodproofing criteria in Subsection E(5), Nonresidential structures.
(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 Subsection C(2), 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
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
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 section.
(4)
Duties and responsibilities of the local administrator. 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 Subsection D(3), Application for a permit, and for compliance with the provisions and standards of this section.
[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 Subsection E, Construction standards, and, in particular, Subsection E(1)(b), 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 Subsection E, 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 Subsection D(3)(h), as criteria for requiring that new construction, substantial improvements or other proposed development meet the requirements of this section.
[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 section.
(c)
Alteration of watercourses.
[1]
Notification to adjacent municipalities that may be affected
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 Administrator, 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, AH, and 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]
In Zones V1-V30, VE, and 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). 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. 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 Subsection C(5) of this section.
[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 section and/or the conditions of the development permit. Disregard of a stop-work order shall subject the violator to the penalties described in Subsection C(5) of this section.
(g)
Certificate of compliance.
[1]
In areas of special flood hazard, as determined by documents enumerated in Subsection C(2), 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 section.
[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 D(4)(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:
[1]
Floodplain development permits and certificates of compliance;
[2]
Certifications of as-built lowest floor elevations of structures required pursuant to Subsection D(4)(d)[1] and [2], and whether the structures contain a basement;
[3]
Floodproofing certificates required pursuant to Subsection D(4)(d)[1], and whether the structures contain a basement;
E.
Construction standards.
(1)
General standards. 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 Subsection C(2).
(a)
Coastal high hazard areas and Coastal A Zones. The following
requirements apply within Zones V1-V30, VE and V:
[1]
All new construction, including manufactured homes and recreational
vehicles on site 180 days or longer and not fully licensed for highway
use, shall be located landward of the reach of high tide.
[2]
The use of fill for structural support of buildings, manufactured
homes or recreational vehicles on site 180 days or longer is prohibited.
[3]
Man-made alteration of sand dunes which would increase potential
flood damage is prohibited.
(b)
Subdivision and development 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 to minimize flood
damage.
[3]
Adequate drainage shall be provided to reduce exposure to flood
damage.
[4]
Proposed development shall not result in physical damage to
any other property (e.g., stream bank erosion or increased flood velocities).
If requested by the local administrator, the applicant shall provide
a technical analysis, by a licensed professional engineer, demonstrating
that this condition has been met.
[5]
Proposed development shall be designed, located, and constructed
so as to offer the minimum resistance to the flow of water and shall
be designed to have a minimum effect upon the height of floodwater.
[6]
Any equipment or materials located in a special flood hazard
area shall be elevated, anchored, and floodproofed as necessary to
prevent flotation, flood damage, and the release of hazardous substances.
[7]
No alteration or relocation of a watercourse shall be permitted
unless:
[a]
A technical evaluation by a licensed professional
engineer demonstrates that the altered or relocated segment will provide
conveyance equal to or greater than that of the original stream segment
and will not result in physical damage to any other property;
[b]
If warranted, a conditional revision of the Flood
Insurance Rate Map is obtained from the Federal Emergency Management
Agency, with the applicant providing the necessary data, analyses,
and mapping and reimbursing the City of Lackawanna for all fees and
other costs in relation to the application; and
[c]
The applicant provides assurance that maintenance
will be provided so that the flood-carrying capacity of the altered
or relocated portion of the watercourse will not be diminished.
(c)
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 City of Lackawanna 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 City of Lackawanna for
all fees and other costs in relation to the application. The applicant
must also provide all data, analyses and mapping and reimburse the
City of Lackawanna 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 Subsection C(2), 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 demonstrates through hydrologic and hydraulic analyses performed
in accordance with standard engineering practice that such an encroachment
shall not result in any increase in flood levels during occurrence
of the base flood; or
[b]
The City of Lackawanna 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 City of Lackawanna
for all fees and other costs in relation to the application. The applicant
must also provide all data, analyses and mapping and reimburse the
City of Lackawanna for all costs related to the final map revisions.
[3]
In Zones A1-A30, AE and AH, and also Zone A if base flood elevation
data are available, if any development is found to increase or decrease
base flood elevations, the City of Lackawanna shall as soon as practicable,
but not later than six months after the date such information becomes
available, notify FEMA and the New York State Department of Environmental
Conservation of the changes by submitting technical or scientific
data in accordance with standard engineering practice.
[4]
Whenever any portion of a floodplain is authorized for development,
the volume of space occupied by the authorized fill or structure 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
excavations shall be construed to drain freely to the watercourse.
No area below the waterline of a pond or other body of water can be
credited as a compensating excavation.
(2)
Standards for all structures. 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 Subsection C(2).
(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 below lowest floor.
[a]
For enclosed areas below the lowest floor of a
structure within Zones A1-A30, AE, AO or A, new and substantially
improved structures shall have fully enclosed areas below the lowest
floor that are useable 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:
[i]
A minimum of two openings of each enclosed area
having a total net area of not less than one square inch for every
square foot of enclosed area subject to flooding;
[ii]
The bottom of all such openings no higher than
one foot above grade; and
[iii]
Openings not less than three inches in any direction.
[b]
Openings may be equipped with louvers, valves,
screens or other coverings or devices provided they permit the automatic
entry and exit of floodwaters. Enclosed areas subgrade on all sides
are considered basements and are not permitted.
[4]
Within Zones V1-V30 and VE, and also within Zone V if base flood
elevation are available, new construction and substantial improvements
shall have the space below the lowest floor either free from obstruction
or constructed with nonsupporting breakaway walls, open wood lattice-work
or insect screening intended to collapse under wind and water loads
without causing collapse, displacement, or other structural damage
to the elevated portion of the building or supporting foundation system.
The enclosed space below the lowest floor shall be used only for parking
vehicles, building access or storage. Use of this space for human
habitation is expressly prohibited. The construction of stairs, stairwells
and elevator shafts are subject to the design requirements for breakaway
walls.
(c)
Utilities.
[1]
New and replacement electrical equipment, heating, ventilating,
air conditioning, plumbing connections, and other service equipment
shall be located at least two feet above the base flood elevation,
or be designed to prevent water from entering and accumulating within
the components during a flood and to resist hydrostatic and hydrodynamic
loads and stresses. Electrical wiring and outlets, switches, junction
boxes and panels shall be elevated or designed to prevent water from
entering and accumulating within the components unless they conform
to the appropriate provisions of the electrical part of the Building
Code of New York State or the Residential Code of New York State for
location of such items in wet locations;
[Amended 6-29-2021]
[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.
(3)
Residential structures (except coastal high hazard areas).
(a)
Elevation. The following standards apply to new and substantially improved residential structures located in areas of special flood hazard, in addition to the requirements in Subsections E(1)(b), Subdivision proposals, and E(1)(c), Encroachments, and Subsection E(2), Standards for all structures.
[1]
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 top of the lowest floor (including basement) elevated
to or above two feet above the base flood elevation.
[2]
Within Zone A:
[Amended 6-29-2021]
[a]
When no base flood elevation data are available, a base flood
elevation shall be determined by either:
[b]
Determinations shall be undertaken by a registered design professional
who shall document that the technical methods used reflect currently
accepted engineering practice. Studies, analyses, and computations
shall be submitted in sufficient detail to allow thorough review and
approval.
[3]
Within Zone AO, new construction and substantial improvements 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 Subsection C(2) plus two feet (at least three feet if no depth number is specified).
[4]
Within Zones AH and AO, adequate drainage paths are required
to guide floodwaters around and away from proposed structures on slopes.
(4)
Residential structures (coastal high hazard areas and Coastal A Zones). The following standards, in addition to the standards in Subsections E(1)(a), Coastal high hazard areas and Coastal A Zones, and E(1)(b), Subdivision proposals, and Subsection E(2), Standards for all structures, apply to new and substantially improved residential structures located in areas of special flood hazard shown as Zones V1-V30, VE or V on the community's Flood Insurance Rate Map designated in Subsection C(2).
(a)
Elevation. New construction and substantial improvements shall
be elevated on pilings, columns or shear walls such that the bottom
of the lowest horizontal structural member supporting the lowest elevated
floor (excluding columns, piles, diagonal bracing attached to the
piles or columns, grade beams, pile caps and other members designed
to either withstand storm action or break away without imparting damaging
loads to the structure) is elevated to or above two feet above base
flood elevation so as not to impede the flow of water.
(b)
Determination of loading forces. Structural design shall consider
the effects of wind and water loads acting simultaneously during the
base flood on all building components.
[1]
The structural design shall be adequate to resist water forces
that would occur during the base flood. Horizontal water loads considered
shall include inertial and drag forces of waves, current drag forces,
and impact forces from waterborne storm debris. Dynamic uplift loads
shall also be considered if bulkheads, walls, or other natural or
man-made flow obstructions could cause wave runup beyond the elevation
of the base flood.
[2]
Buildings shall be designed and constructed to resist the forces
due to wind pressure. Wind forces on the superstructure include windward
and leeward forces on vertical walls, uplift on the roof, internal
forces when openings allow wind to enter the house, and upward force
on the underside of the house when it is exposed. In the design, the
wind should be assumed to blow potentially from any lateral direction
relative to the house.
[3]
Wind loading values used shall be those required by the building
code.
(c)
Foundation standards.
[1]
The pilings or column foundation and structure attached thereto
shall be adequately anchored to resist flotation, collapse or lateral
movement due to the effects of wind and water pressures acting simultaneously
on all building components. Foundations must be designed to transfer
safely to the underlying soil all loads due to wind, water, dead load,
live load and other loads (including uplift due to wind and water).
[2]
Spread footings and fill material shall not be used for structural
support of a new building or substantial improvement of an existing
structure.
(d)
Pile foundation design.
[1]
The design ratio of pile spacing to pile diameter shall not
be less than 8:1 for individual piles (this shall not apply to pile
clusters located below the design grade). The maximum center-to-center
spacing of wood piles shall not be more than 12 feet on center under
load-bearing sills, beams, or girders.
[2]
Pilings shall have adequate soil penetration (bearing capacity)
to resist the combined wave and wind loads (lateral and uplift) associated
with the base flood acting simultaneously with typical structure (live
and dead) loads, and shall include consideration of decreased resistance
capacity caused by erosion of soil strata surrounding the piles. The
minimum penetration for foundation piles is to an elevation of five
feet below mean sea level (msl) datum if the BFE is +10 msl or less,
or to be at least 10 feet below msl if the BFE is greater than +10
msl.
[3]
Pile foundation analysis shall also include consideration of
piles in column action from the bottom of the structure to the stable
soil elevation of the site. Pilings may be horizontally or diagonally
braced to withstand wind and water forces.
[4]
The minimum acceptable sizes for timber piles are a tip diameter
of eight inches for round timber piles and eight inches by eight inches
for square timber piles. All wood piles must be treated in accordance
with requirements of EPEE-C3 to minimize decay and damage from fungus.
[5]
Reinforced concrete piles shall be cast of concrete having a
twenty-eight-day ultimate compressive strength of not less than 5,000
pounds per square inch, and shall be reinforced with a minimum of
four longitudinal steel bars having a combined area of not less than
1% nor more than 4% of the gross concrete area. Reinforcing for precast
piles shall have a concrete cover of not less than 1 1/4 inches
for No. 5 bars and smaller and not less than 1 1/2 inches for
No. 6 through No. 11 bars. Reinforcement for piles cast in the field
shall have a concrete cover of not less than two inches.
[6]
Piles shall be driven by means of a pile driver or drop hammer,
jetted, or augered into place.
[7]
Additional support for piles in the form of bracing may include
lateral or diagonal bracing between piles.
[8]
When necessary, piles shall be braced at the ground line in
both directions by a wood timber grade beam or a reinforced concrete
grade beam. These at-grade supports should be securely attached to
the piles to provide support even if scoured from beneath.
[9]
Diagonal bracing between piles, consisting of two-inch-by-eight-inch
(minimum) members bolted to the piles, shall be limited in location
to below the lowest supporting structural member and above the stable
soil elevation, and aligned in the vertical plane along pile rows
perpendicular to the shoreline. Galvanized steel rods (minimum diameter
1/2 inch) or cable type bracing is permitted in any plane.
[10]
Knee braces, which stiffen both the upper portion
of a pile and the beam-to-pile connection, may be used along pile
rows perpendicular and parallel to the shoreline. Knee braces shall
be two-by-eight lumber bolted to the sides of the pile/beam, or four-by-four
or larger braces framed into the pile/beam. Bolting shall consist
of two 5/8-inch galvanized steel bolts (each end) for two-by-eight
members, or one 5/8-inch lag bolt (each end) for square members. Knee
braces shall not extend more than three feet below the elevation of
the base flood.
(e)
Column foundation design.
[1]
Masonry piers or poured-in-place concrete piers shall be internally
reinforced to resist vertical and lateral loads, and be connected
with a movement-resisting connection to a pile cap or pile shaft.
(f)
Connectors and fasteners. Galvanized metal connectors, wood
connectors, or bolts of size and number adequate for the calculated
loads must be used to connect adjoining components of a structure.
Toe nailing as a principal method of connection is not permitted.
All metal connectors and fasteners used in exposed locations shall
be steel, hot-dipped galvanized after fabrication. Connectors in protected
interior locations shall be fabricated from galvanized sheet.
(g)
Beam to pile connections. The primary floor beams or girders
shall span the supports in the direction parallel to the flow of potential
floodwater and wave action and shall be fastened to the columns or
pilings by bolting, with or without cover plates. Concrete members
shall be connected by reinforcement, if cast in place, or (if precast)
shall be securely connected by bolting and welding. If sills, beams,
or girders are attached to wood piling at a notch, a minimum of two
5/8-inch galvanized steel bolts or two hot-dipped galvanized straps
3/16-inch by four inches by 18 inches each bolted with two 1/2-inch
lag bolts per beam member shall be used. Notching of pile tops shall
be the minimum sufficient to provide ledge support for beam members
without unduly weakening pile connections. Piling shall not be notched
so that the cross section is reduced below 50%.
(h)
Floor and deck connections.
[1]
Wood two-by-four-inch (minimum) connectors or metal joist anchors
shall be used to tie floor joists to floor beams/girders. These should
be installed on alternate floor joists, at a minimum. Cross bridging
of all floor joists shall be provided. Such cross bridging may be
one-by-three-inch members, placed eight feet on center maximum, or
solid bridging of same depth as joist at same spacing.
[2]
Plywood should be used for subflooring and attic flooring to
provide good torsional resistance in the horizontal plane of the structure.
The plywood should not be less than 3/4-inch total thickness, and
should be exterior grade and fastened to beams or joists with 8d annular
or spiral thread galvanized nails. Such fastening shall be supplemented
by the application of waterproof industrial adhesive applied to all
bearing surfaces.
(i)
Exterior wall connections. All bottom plates shall have any
required breaks under a wall stud or an anchor bolt. Approved anchors
will be used to secure rafters or joists and top and bottom plates
to studs in exterior and bearing walls to form a continuous tie. Continuous
15/32-inch or thicker plywood sheathing-overlapping the top wall plate
and continuing down to the sill, beam, or girder-may be used to provide
the continuous tie. If the sheets of plywood are not vertically continuous,
then two-by-four-nailer blocking shall be provided at all horizontal
joints. In lieu of the plywood, galvanized steel rods of 1/2-inch
diameter or galvanized steel straps not less than one inch wide by
1/16-inch thick may be used to connect from the top wall plate to
the sill, beam, or girder. Washers with a minimum diameter of three
inches shall be used at each end of the 1/2-inch round rods. These
anchors shall be installed no more than two feet from each corner
rod, no more than four feet on center.
(j)
Ceiling joist/rafter connections.
[1]
All ceiling joists or rafters shall be installed in such a manner
that the joists provide a continuous tie across the rafters. Ceiling
joists and rafters shall be securely fastened at their intersections.
A metal or wood connector shall be used at alternate ceiling joist/rafter
connections to the wall top plate.
[2]
Gable roofs shall be additionally stabilized by installing two-by-four
blocking on two-foot centers between the rafters at each gable end.
Blocking shall be installed a minimum of eight feet toward the house
interior from each gable end.
(k)
Projecting members. All cantilevers and other projecting members
must be adequately supported and braced to withstand wind and water
uplift forces. Roof eave overhangs shall be limited to a maximum of
two feet and joist overhangs to a maximum of one foot. Larger overhangs
and porches will be permitted if designed or reviewed and certified
by a registered professional engineer or architect.
(l)
Roof sheathing.
[1]
Plywood, or other wood material, when used as roof sheathing,
shall not be less than 15/32 inch in thickness, and shall be of exterior
sheathing grade or equivalent. All attaching devices for sheathing
and roof coverings shall be galvanized or be of other suitable corrosion-resistant
material.
[2]
All corners, gable ends, and roof overhangs exceeding six inches
shall be reinforced by the application of waterproof industrial adhesive
applied to all bearing surfaces of any plywood sheet used in the sheathing
of such corner, gable end, or roof overhang.
[3]
In addition, roofs should be sloped as steeply as practicable
to reduce uplift pressures, and special care should be used in securing
ridges, hips, valleys, eaves, vents, chimneys, and other points of
discontinuity in the roofing surface.
(m)
Protection of openings. All exterior glass panels, windows,
and doors shall be designed, detailed, and constructed to withstand
loads due to the design wind speed of 75 mph. Connections for these
elements must be designed to transfer safely the design loads to the
supporting structure. Panel widths of multiple panel sliding glass
doors shall not exceed three feet.
(n)
Breakaway wall design standards.
[1]
The breakaway wall shall have a design safe loading resistance
of not less than 10 and not more than 20 pounds per square foot, with
the criterion that the safety of the overall structure at the point
of wall failure be confirmed using established procedures. Grade beams
shall be installed in both directions for all piles considered to
carry the breakaway wall load. Knee braces are required for front
row piles that support breakaway walls.
[2]
Use of breakaway wall strengths in excess of 20 pounds per square
foot shall not be permitted unless a registered professional engineer
or architect has developed or reviewed the structural design and specifications
for the building foundation and breakaway wall components, and certifies
that: 1) the breakaway walls will fail under water loads less than
those that would occur during the base flood; and 2) the elevated
portion of the building and supporting foundation system will not
be subject to collapse, displacement, or other structural damage due
to the effects of wind and water loads acting simultaneously on all
building components (structural and nonstructural). Water loading
values used shall be those associated with the base flood. Wind loading
values shall be those required by the building code.
(5)
Nonresidential structures (except coastal high hazard areas). 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 Subsections E(1)(b), Subdivision proposals, and E(1)(c), Encroachments, and Subsection E(2), 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 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, including attendant utility and
sanitary facilities, with walls substantially impermeable to the passage
of water. All structural components located below the base flood elevation
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 plus two feet (at least three feet
if no depth number is specified); or
[2]
Together with attendant utility and sanitary facilities, be completely floodproofed to that level to meet the floodproofing standard specified in Subsection E(5)(a)[2].
(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 E(5)(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.
(6)
Nonresidential structures (coastal high hazard areas and Coastal
A Zones). In Zones V1-V30, VE and also Zone V if base flood elevations
are available, new construction and substantial improvements of any
nonresidential structure, together with attendant utility and sanitary
facilities, shall have the bottom of lowest member of the lowest floor
elevated to or above two feet above the base flood elevation. Floodproofing
of structures is not an allowable alternative to elevating the lowest
floor to two feet above the base flood elevation in Zones V1-V30,
VE and V.
(7)
Manufactured homes and recreational vehicles. The following standards in addition to the standards in Subsections E(1), General standards, and E(2), 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 shall be elevated on a permanent foundation
such that the bottom of the frame of the manufactured home chassis
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. Elevation on piers
consisting of dry stacked blocks is prohibited.
(c)
Within Zone A, the bottom of the frame of the manufactured home shall be elevated to meet the requirements of Subsection E(3)(a)[2].
[Amended 6-29-2021]
(d)
Within Zone AO, the bottom of the frame of the manufactured home chassis 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 Subsection C(2) plus two feet (at least three feet if no depth number is specified). Elevation on piers consisting of dry stacked blocks is prohibited.
(8)
Accessory structures, including detached garages. The following standards apply to new and substantially improved accessory structures, including detached garages, in the areas of special flood hazard shown on the Flood Insurance Rate Map designated in Subsection C(2).
(a)
Within Zones A1-A30, AE, AO, AH, A, accessory structures must meet the standards of Subsection E(2)(a), Anchoring.
(b)
Within Zones A1-A30, AE and AH, and also Zone A if base flood
elevation data are available, areas below two feet above the base
flood elevation shall be constructed using methods and practices that
minimize flood damage.
(c)
Within Zones AO and Zone A, if base flood elevation data are
not available, areas below three feet above the highest adjacent grade
shall be constructed using methods and practices that minimize flood
damage.
(d)
Structures must be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters in accordance with Subsection E(2)(c), Utilities.
(e)
Within Zones V1-V30, VE, and V, accessory structures (unless
properly elevated to the base flood elevation plus two feet on piles
or columns) must be limited to small, low-value structures that are
disposable. If a community wishes to allow unelevated accessory buildings,
it must define "small" and "low cost."
(f)
Within Zones V1-V30, VE, and V, unelevated accessory buildings
must be unfinished inside, constructed with flood-resistant materials,
and used only for storage.
(g)
Within Zones VI-V30, VE, and V, when an accessory building is
placed, the design professional must determine the effect that debris
from the accessory building will have on nearby buildings. If the
accessory building is large enough that its failure could create damaging
debris or divert flood flows, it must be elevated above the base flood
elevation plus two feet.
(9)
Critical facilities. In order to prevent potential flood damage to
certain facilities that would result in serious danger to life and
health, widespread social or economic dislocation, no new critical
facility shall be located within any area of special flood hazard,
or within any 500-year flood zone shown as a B Zone or a Shaded X
Zone on the Community's Flood Insurance Rate Maps.
F.
Variance procedure.
(1)
Appeals board.
(a)
The Zoning Board of Appeals as established by the City of Lackawanna
shall hear and decide appeals and requests for variances from the
requirements of this section.
(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 section.
(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 section 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; and
[12]
The costs of providing governmental services during
and after flood conditions, including search and rescue operations,
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 Section 6.1(4) and the
purposes of this section, the Zoning Board of Appeals may attach such
conditions to the granting of variances as it deems necessary to further
the purposes of this section.
(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.
(2)
Conditions for variances.
(a)
Generally, variances may be issued for new construction and
substantial improvements to be erected on a lot of one-half acre or
less in size contiguous to and surrounded by lots with existing structures
constructed below the base flood elevation, providing items (i-xii)
in Section 6.1(4) have been fully considered. As the lot size increases
beyond the one-half 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, extraordinary
public expense, create nuisances, cause fraud on or victimization
of the public or conflict with existing local laws or ordinances.
(g)
Notification.
[1]
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:
[2]
Such notification shall be maintained with the record of all
variance actions as required in Section 4.4-8 of this section.
A.
Applications for building permits shall be submitted to the City of Lackawanna Code Enforcement Officer in accordance with Chapter 75, Building Construction.
B.
No building permit shall be issued unless the applicant
has received a zoning permit from the City Zoning Officer in accordance
with the provisions of this chapter.
A.
Authorization. The City Zoning Officer is authorized
to approve or disapprove zoning permit applications in accordance
with the standards outlined in this chapter.
B.
Application. It shall be unlawful to commence the
excavation for, or the construction of, any building or structure,
including accessory buildings, or to commence the moving or alteration
of any building structure, including accessory buildings, until the
City Zoning Officer has issued a zoning permit for such work.
C.
Procedure.
(1)
Applications for zoning permits shall be submitted
to the City Zoning Officer.
(2)
Where the use is identified in the provisions of this
chapter as requiring site plan review, the application shall be forwarded
to the Planning and Development Board for approval in accordance with
the provisions of this chapter.
(3)
If the proposed excavations, construction, alterations
or moving as set forth in the application are in conformity with the
provisions of this chapter the Zoning Officer may issue a zoning permit
for such excavation, construction, alteration or moving. The issuance
of a zoning permit shall in no case be construed as waiving any provision
of this chapter.
(4)
If a zoning permit is denied, the Zoning Officer shall
state such refusal, in writing, with the cause and shall immediately
mail notice of such refusal to the applicant at the address indicated
on the application.
(5)
Each order, requirement, decision, interpretation
or determination of the Zoning Officer shall be filed in the Zoning
Officer's office within five business days from the day its is rendered
and shall be a public record.
(6)
Any applicant, after being denied zoning permit, may
appeal the Zoning Officer's findings to the Zoning Board of Appeals
for an interpretation or, if appropriate, a variance. An appeal shall
be taken within 60 days after the filing of any order, requirement,
decision, interpretation or determination of the Zoning Officer. Where
an appeal is requested, the Zoning Officer shall notify and forward
all necessary supporting information to the Zoning Board of Appeals
Secretary.
(7)
A zoning permit shall become void 12 months from the
date of issuance unless substantial progress has been made by that
date on the project described therein.
A.
Authorization. The Planning and Development Board
is authorized to review and approve, approve with modifications or
conditions or disapprove site plans in accordance with the standards
outlined in this chapter.
B.
Application. Site plan review and site plan approval
by the City of Lackawanna Planning and Development Board shall be
required for all uses, buildings and structures that require site
plan approval as outlined in this chapter. Fees outlined and adopted
by the City of Lackawanna will apply to all site plan reviews.
C.
Procedure.
(1)
Preapplication conference. A preapplication conference
may be held between the Zoning Officer and the applicant prior to
the submission of a detailed site plan to review the basic site design
concept, advise the applicant as to potential problems and determine
the information to be required on the site plan. Applicants shall
provide the following materials at the preapplication conference:
(a)
A statement and rough draft showing the locations
and dimensions of existing natural features, principal and accessory
structures, parking areas, access roads, signs, proposed landscaping,
measures necessary to comply with flood hazard and flood insurance
regulations, proposed topographic changes and other planned features.
(b)
A sketch or map of the area which shows the
site location with respect to nearby streets, rights-of-way, properties,
easements and other pertinent features.
(c)
A topographic map of adequate scale and detail
to show site topography.
(2)
Application. Copies of the final site plan and supplementary
information along with the application and appropriate fees for site
plan review shall be submitted to the City Zoning Officer in a quantity
to be determined by the City Zoning Officer for distribution to the
City Engineer, Fire Department, Police Department, Planning and Development
Board and other review agencies as required (ex. County Planning Department,
New York State Department of Transportation where project is on or
affects state highways).
(3)
Review. Staff and other review agencies shall review
and notify the Planning and Development Board in writing of its comments
or recommendations at least seven calendar days prior to the scheduled
Planning and Development Board meeting regarding the application.
The Planning and Development Board shall review the application, site
plan and supporting data. In unique or large-scale cases, the Planning
and Development Board may retain private, expert consultants to assist
in the review.
(4)
Public hearing.
(a)
If a public hearing is considered desirable
by the majority of the Planning and Development Board, such hearing
shall be conducted within 62 days of the receipt of the application.
The Board shall mail notice of said hearing to the applicant at least
10 days before said hearing and shall give public notice to said hearing
in the official newspaper of the City at least five days prior to
the date thereof. Where required under General Municipal Law § 239-m
the Board shall mail notice of the hearing to the County Planning
Board at least 10 days prior to the hearing. Within 62 days of the
public hearing, or receipt of the application if no public hearing
is held, the Board shall, at a regular or special meeting:
[1]
Approve upon a finding that:
[a]
The proposed site plan is consistent
with the development plan, if one is required.
[b]
The proposed site plan is consistent
with the intent, objectives and specific requirements of this chapter.
[c]
Adequate services and utilities
will be available prior to occupancy.
[d]
The site plan is consistent with
all applicable laws.
[e]
If a stormwater pollution prevention plan (SWPPP) was submitted in accordance with § 230-71D(35), the site plan and SWPPP comply with the requirements of Article XII of this chapter.
[Added 2-5-2008]
[2]
Approve with modifications or conditions limiting
the use and occupancy of the land or proposed buildings consistent
with the intent or purposes of this chapter; or
[3]
Disapprove the site plan.
(b)
The Planning and Development Board shall file
a full written record of its minutes and decision with all documents
pertaining to the case with the City Clerk, with a copy to the Zoning
Officer, and shall mail a copy to the applicant. Where a site plan
is denied approval, the Planning and Development Board shall state
its reasons for disapproval in writing.
(c)
Costs incurred by the Planning and Development
Board for consultation fees or other extraordinary expenses in connection
with the review of a proposed site plan shall be charged to the applicant.
The Board shall notify the applicant prior to it incurring any extraordinary
expenses and provide an opportunity for the applicant to remove its
application to avoid the expenses.
(5)
Expiration. Site plan approvals shall expire after
12 months unless a successful application for a building permit has
been made within that period. One six-month extension may be granted
to obtain the building permit.
(6)
Alterations. Property owners wishing to make any changes
in an approved site plan shall submit a revised site plan to the Planning
and Development Board for review and approval.
(7)
Appeal. Any person aggrieved by any decision of the
Planning and Development Board may apply to the Supreme Court for
a review under Article 78 of the Civil Practice Law and Rules in accordance
with General City Law § 27-a, Subdivision 11. Such proceedings
shall be instituted within 30 days after the filing of a decision
in the office of the City Clerk.
D.
Site plan contents. The site plan should include or
be accompanied by the following information, as deemed appropriate
by the Planning and Development Board. The Planning and Development
Board may waive requirements set forth in this section as deemed appropriate,
but may not waive the requirement that a stormwater pollution prevention
plan be submitted where required. The plan shall be prepared by a
licensed engineer, architect, landscape architect or surveyor as appropriate.
[Amended 2-5-2008]
(1)
Application form, notes and other required information.
(2)
Title of drawings, including name of the development,
name, telephone number and address of applicant and the name of the
person who prepared the drawing.
(3)
Key plan, north point, professional stamp, scale (1
inch = 20 feet or other appropriate scale) and date.
(4)
Zoning, land use and ownership of surrounding and
adjacent properties, including all structures on adjacent and surrounding
properties.
(5)
A boundary survey of the proposed development plotted
to scale and including its acreage, a legal description thereof and
detailing existing topographic features, including contours, spot
elevations, large trees, buildings, structures, streets, property
lines, utility easements, rights-of-way and land use.
(6)
Layout and number of lots.
(7)
All lot dimensions, including, but not limited to,
lot frontage, lot area, building coverage, lot coverage, front yard,
side yard, rear yard, and building heights.
(8)
All improvement dimensions, including, but not limited
to, access roads, streets, street names, snow removal/storage areas,
parking area, sidewalks, buildings, drains, culverts, retaining walls,
fences, etc.
(9)
Existing roadways, driveways, sidewalks and pedestrian
paths immediately adjoining and opposite from the proposed site, including
names.
(10)
Location and dimensions of all parking, loading
and stacking areas.
(11)
Paving, including typical cross sections and
profiles of proposed streets, crosswalks, pedestrian walkways and
bikeways.
(12)
Location, proposed use, height, building elevations,
floor plans and finished elevations of all structures.
(13)
Colors, materials, dimensions, access and roof
top plans of all structures.
(14)
Location and proposed development of all open
spaces, including parks and playgrounds.
(15)
Existing and proposed watercourses, direction
of flow and impact on the watershed.
(16)
Drainage plan showing existing and finished
grades, stormwater management plan, impact of the watershed and any
slopes greater than 5%. The best management practices employed to
mitigate the impacts of stormwater management shall be set forth in
detail. A copy of the storm drainage analysis shall be submitted for
review when required by the City Engineer.
(17)
Water supply plan, including existing and proposed
location of fire hydrants, fire lanes, size of service line and a
note indicating backflow preventor.
(18)
A description of the method of securing public
water and location, design and construction materials of such facilities.
(19)
Sewage disposal method and location, design
and construction materials of such facilities.
(20)
Landscape plan indicating location, type and
size of existing trees and vegetation and those to be preserved or
removed as well as location, type and size of trees, vegetation, amenities
to be provided, tree staking, plant installation, soil preparation
details and all other applicable installation details and calculation
of the total landscaped area.
(21)
Location and proposed development of all buffer
areas, including existing vegetative cover.
(22)
Location, design and illumination field of all
pools, ponds, water features, lighting fixtures, fences and walls.
(23)
Location, dimension, design and construction
type of all signs.
(24)
Required screening and enclosures.
(25)
Provisions for barrier-free access.
(26)
Applicable pollution controls.
(27)
Size and location of hazardous materials storage
areas.
(28)
Location of public transit stops and shelters.
(29)
Proposed easements, restrictions, covenants
and provisions for homeowners' associations and common ownerships.
(30)
Estimated construction schedule and phasing
plan for buildings, earth work and landscaping.
(31)
Location, design and construction of all energy
distribution facilities, including electrical, gas, solar and wind
energy.
(32)
Tentative budgeting and financing sources.
(33)
Identification of any state or county permits
required for the project's execution and documentation of application
for and approval status of all necessary permits from state and county
officials.
(34)
Additional supporting data or plans deemed necessary
and relevant to carry out the Planning and Development Board's responsibility
for site plan review upon notification to the proposed developer and
their decision to proceed with the application.
E.
Security as condition of approval. As an alternative
to the installation of required infrastructure and improvements, the
Planning and Development Board may require, as a condition of site
plan approval, the property owner to furnish cash, an irrevocable
letter of credit, a performance bond or other security sufficient
to cover the full cost of the same.
F.
Criteria for review and recommendations. In considering
and acting upon site plan reviews and approvals, the Planning and
Development Board shall consider and may prescribe conditions as necessary
to ensure:
(1)
The development complies with all applicable regulations
of this chapter and all other applicable laws.
(2)
The use is designed, located and proposed to be operated
so the public health, safety, welfare and convenience will be protected.
(3)
The use will not cause substantial injury to the value
of the other property in the neighborhood where it is located.
(4)
The use will be compatible with adjoining development
and the character of the neighborhood where it is located.
G.
Waiver of requirements. The Planning and Development
Board may, when reasonable, waive any requirements for the approval,
approval with modifications or conditions, or disapproval of site
plans submitted for approval. Any such waiver may be exercised in
the event any such requirements are found not to be requisite in the
interest of the public health, safety or general welfare or inappropriate
to a particular site plan. The specific reasons for waiving the application
shall be documented with the Board's decision.
A.
Authorization. The Zoning Board of Appeals is authorized
to approve, approve with conditions or disapprove area and use variances
in accordance with the standards outlined in this chapter.
B.
Applications. On an appeal from an order, requirement,
decision or determination of the Zoning Officer or any other administrative
official charged with the enforcement of this chapter, where it is
alleged that there are practical difficulties or unnecessary hardships
in the way of carrying out the strict application of any provision
of this chapter, the Zoning Board of Appeals may grant a variance
in the strict application of such provision in accordance with this
article.
C.
Procedure.
(1)
Preapplication conference. A preapplication conference
shall be held between the City Zoning Officer and the applicant prior
to the preparation and submission of a formal application to the Zoning
Board of Appeals to determine the basis for the variance request,
advise the applicant as to potential problems, and identify information
necessary for a complete variance application package.
(2)
Preliminary application.
(a)
An application for variance approval shall be
made in writing to the Chairperson of the Zoning Board of Appeals,
through the Zoning Officer, and shall be accompanied by a preliminary
application.
(b)
The preliminary application should include,
but need not be limited to, abutting land uses, circulation systems,
all existing and proposed public or private rights-of-way and easements,
residential areas and general phasing plans. A description of the
variance sought shall also be outlined in the application.
(3)
Planning and Development Board review. Within 30 days
of receipt of the complete preliminary application, the Zoning Officer
shall refer the project to the Lackawanna Planning and Development
Board for review. The Planning and Development Board shall make a
recommendation to the Zoning Board of Appeals within 30 calendar days.
This period may be extended by mutual consent of the applicant, the
Planning and Development Board and the Zoning Board of Appeals.
(4)
Public hearing.
(a)
After reviewing the preliminary application and recommendations
from other involved municipal or county agencies, the Zoning Board
of Appeals shall hold a public hearing. Notices of the public hearing
shall be mailed at least five calendar days prior to the date of the
hearing to the parties, property owners within 1,500 feet from the
property line, to such other property owners as the Chairman of the
Zoning Board of Appeals may direct, to the regional state park commission
having jurisdiction over any state park or parkway within 500 feet
of the property affected by such appeal and to the County Planning
Board, as required by § 239-m of the General Municipal Law.
The public hearing shall be advertised at least once in the official
City paper or in a newspaper of general circulation at least five
calendar days before the hearing.
[Amended 10-19-2016]
(b)
The Zoning Board of Appeals may adjourn the
hearing for a reasonable period to deliver notice to such other property
owners as it decides may be interested in said application or appeal.
(5)
Final application. A final application, incorporating
any revisions or other features recommended by City staff or the Zoning
Board of Appeals, shall be submitted within six months of the date
of the preapplication conference. Every application shall refer to
the specific provision of this chapter and shall exactly set forth
the interpretation that is claimed, the plans for a special use or
the details of the variance that is applied for, in addition to the
following information:
(a)
The name and address of the applicant.
(b)
The name and address of the owner of the lot
to be affected by such proposed change.
(c)
A brief description and location of the district
lot to be affected by the proposed change.
(d)
A reasonably accurate description of the present
improvements and additions or changes to be made under the application,
indicating the size of such proposed improvements, material and general
construction thereof.
(e)
A plot plan of the real property to be affected
indicating the lot and size of improvements thereon and proposed to
be erected thereon.
(6)
Decision.
(a)
Within 62 calendar days of receipt of the complete
application for final approval of the variance, the Zoning Board of
Appeals shall hold a public hearing. Immediately after the public
hearing, they shall render a decision of approval, conditional approval
or disapproval.
(b)
The Zoning Board of Appeals shall file a full
written record of its minutes and decision with the City Clerk, with
a copy to the Zoning Officer and shall mail a copy to the applicant.
Where an application is denied, the record shall state the reasons
for denial.
(c)
Variance application approvals shall expire
if the applicant fails to obtain any necessary building permit or
to comply with the conditions of said authorization within six months
from the date of authorization thereof.
(d)
Costs incurred by the Planning and Development
Board for consultation fees or other extraordinary expenses in connection
with the review of a proposed site plan shall be charged to the applicant.
(7)
Appeals.
(a)
The Zoning Board shall refuse to hold further
hearings on a denied application or one substantially similar by the
applicant for a period of one year unless the Zoning Board of Appeals
shall find that changed conditions have occurred which warrant a reconsideration.
Such a rehearing would be allowable only upon a motion initiated by
a member of the Zoning Board of Appeals and adopted by the unanimous
vote of the members present, but not less than a majority of all members.
(b)
Any person aggrieved by any decision of the
Zoning Board of Appeals may apply to the Supreme Court for a review
under Article 78 of the Civil Practice Law and Rules. Such proceedings
shall be instituted within 30 days after the filing of a decision
in the office of the City Clerk.
D.
Criteria for use variance approvals. The Zoning Board
of Appeals may grant a use variance, based upon unnecessary hardship,
where the applicant has established all of the following factors:
(1)
The applicant cannot realize a reasonable return,
provided that lack of return is substantial as demonstrated by competent
financial evidence;
(2)
The alleged hardship relating to the property in question
is unique, and does not apply to a substantial portion of the district
or neighborhood;
(3)
The requested use variance, if granted, will not alter
the essential character of the neighborhood; and
(4)
The alleged hardship has not been self-created.
E.
Criteria for area variance approvals. Area variances
may be considered where setback, frontage, lot size, density or yard
requirements of this chapter cannot be reasonably met. The Zoning
Board of Appeals, in the granting of an area variance, shall grant
the minimum variance that it shall deem necessary and adequate and
at the same time preserve and protect the character of the neighborhood
and the health, safety and welfare of the community. The Zoning Board
of Appeals may grant an area variance, on the ground of practical
difficulty, upon a consideration of the following:
(1)
Whether an undesirable change will be produced in
the character of the neighborhood or a detriment to nearby properties
will be created by the granting of the area variance;
(2)
Whether the benefit sought by the applicant can be
achieved by some method feasible for the applicant to pursue, other
than an area variance;
(3)
Whether the requested area variance is substantial;
(4)
Whether the proposed variance will have an adverse
effect or impact on the physical and environmental conditions in the
neighborhood or district; and
(5)
Whether the alleged difficulty was self-created, which
consideration shall be relevant to the decision of the Zoning Board
of Appeals, but shall not necessarily preclude the granting of the
area variance.
A.
Authority.
(1)
The regulations, restrictions and boundaries established
by this chapter may be amended, supplemented, changed or repealed
to meet the growing and changing needs of the City of Lackawanna.
(2)
The City Council, subject to the provisions and restrictions
contained herein, on its own motion, on petition or on recommendation
of the Planning and Development Board, by amendment, may supplement,
repeal, or change the regulations and provisions of this chapter.
B.
Procedure.
(1)
Application.
(a)
A petition to amend, change or supplement the
text of this chapter or any zoning district, as designated on the
Zoning Map, shall be filed with the City Clerk on forms obtained by
the Zoning Officer and transmitted to the City Council. The project's
status under the State Environmental Quality Review Act shall be determined
at this time.
(b)
The petitioner shall submit a development plan
showing the extent, location and character of proposed structures,
improvements and uses as well as the overall development density.
The Planning and Development Board or City Council may require the
plan be modified to meet municipal or public concerns. No building
permit or zoning permit shall be issued for any property within the
area described by said amendment, except in accordance with the approved
development plan, including any conditions or limitations imposed
by the Planning and Development Board or City Council.
(2)
Planning and Development Board review. Each proposed
amendment, except those initiated by the City Planning and Development
Board, shall be submitted to the Planning and Development Board for
an advisory report and recommendation prior to the public hearing
held by the City Council. If the Planning and Development Board fails
to submit its recommendation report within 30 days, it shall be deemed
to have approved the proposed amendment or change.
(3)
Public hearing.
(a)
The City Council shall hold a public hearing
for the proposed amendment within 62 days of the Planning and Development
Board's recommendation.
(b)
The public hearing shall be advertised at least
once in the City of Lackawanna official newspaper at least 10 days
before the hearing. The notice shall state the general nature of the
proposed amendment in such reasonable detail as will give adequate
notice of the subject of the hearing, and shall name the place or
places where copies of the proposed amendment may be examined.
(c)
A written notice of any proposed change or amendment
affecting property within 500 feet of the boundary of any state park
shall be given to the regional state park commission having jurisdiction
over such facilities at least 10 days prior to the date of such hearing.
At the public hearing, full opportunities to be heard shall be given
to any citizen and all parties in interest.
(4)
Decision.
(a)
An amendment shall be effected by a simple majority
vote of the City Council except that the favorable vote of at least
75% of the members of the City Council shall be required for the passage
of an amendment which is protested by the owners of 20% or more of
the area of land included in the proposed change or the land within
100 feet from the street frontage of such land.
(b)
The City Council shall file a full written record
of its minutes and decision with all documents pertaining to the case
with the City Clerk, with a copy to the Zoning Officer, and shall
mail a copy to the applicant. Where an amendment is denied approval,
the City Council shall state its reasons for disapproval in writing.
A.
No structure 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.
B.
Whenever a violation of this chapter occurs, any person
may file a written complaint with the Zoning Officer who shall properly
record such complaint and immediately investigate and report to the
City Council. Complaints regarding the State Uniform Building Code
shall be filed with the City Director of Development.[1]
C.
Whenever such persons shall have been duly notified
by the City Council of the City of Lackawanna, New York, or its duly
authorized official, or the Zoning Officer or by service or summons
in a prosecution or in any other way that they are committing such
violation of this chapter, each week that they shall continue such
violation after such notification shall constitute a separate offense
punishable by a like fine or penalty.
D.
Any person, firm or corporation who violates, disobeys,
neglects or refuses to comply with any provision of this chapter shall
be guilty of an offense and upon conviction thereof shall be subject
to a fine of not more than $350 or imprisonment for a period of not
more than 15 days, or both, for conviction of a first offense. For
conviction of a second offense within five years of the first, a fine
not less than $350 nor more than $700 or imprisonment not to exceed
15 days, or both, may be imposed. Upon conviction of a third or subsequent
offense, all of which were committed within a period of five years,
a fine not less than $700 nor more than $1,000 or imprisonment for
a period not to exceed 15 days, or both. Such fines or penalties shall
be collected as like fines or penalties are now by law collected.
E.
The City of Lackawanna may pursue each violation as
a civil remedy for injunction or as criminal prosecution; each shall
be mutually exclusive remedies. Nothing herein contained shall prevent
the City of Lackawanna from taking such other lawful action as necessary
to prevent or remedy an infraction.
F.
Where appropriate, notification of noncompliance will
be forwarded to appropriate government enforcement agencies including
the Federal Emergency Management Agency.
[Amended 11-20-2017]
Special permit fees and site plan review fees shall be collected
and paid according to the following fee structure as may be amended
by the Council.
