[Amended 4-1-1987 by L.L. No. 1-1987; 7-21-2010 by L.L. No.
4-2010]
A.
Findings. The Common Council of the City of Lockport finds that the
potential and/or actual damages from flooding and erosion may be a
problem to the residents of the City of Lockport 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 article is adopted.
B.
Statement of purpose. It is the purpose of this article 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:
(1)
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;
(2)
Require that uses vulnerable to floods, including facilities
which serve such uses, be protected against flood damage at the time
of initial construction;
(3)
Control the alteration of natural floodplains, stream channels,
and natural protective barriers which are involved in the accommodation
of floodwaters;
(4)
Control filling, grading, dredging and other development which
may increase erosion or flood damages;
(5)
Regulate the construction of flood barriers which will unnaturally
divert floodwaters or which may increase flood hazards to other lands;
and
(6)
Qualify and maintain for participation in the National Flood
Insurance Program.
C.
Objectives. The objectives of this article are:
(1)
To protect human life and health;
(2)
To minimize expenditure of public money for costly flood control
projects;
(3)
To minimize the need for rescue and relief efforts associated
with flooding and generally undertaken at the expense of the general
public;
(4)
To minimize prolonged business interruptions;
(5)
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;
(6)
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;
(7)
To provide that developers are notified that property is in
an area of special flood hazard; and
(8)
To ensure that those who occupy the areas of special flood hazard
assume responsibility for their actions.
Unless specifically defined below, words or phrases used in
this article shall be interpreted so as to give them the meaning they
have in common usage and to give this article its most reasonable
application.
A request for a review of the local administrator's interpretation
of any provision of this article or a request for a variance.
A designated AO, AH or VO Zone on a community's Flood Insurance
Rate Map (FIRM) with a one-percent-or-greater annual chance of flooding
to an average annual depth of one foot to three feet where a clearly
defined channel does not exist, where the path of flooding is unpredictable
and where velocity flow may be evident. Such flooding is characterized
by ponding or sheet flow.
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 one-hundred-year floodplain. For purposes of this article, 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.
See "structure."
Has the same meaning as "basement."
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.
Any reconstruction, rehabilitation, addition, or other improvement
of a structure that equals or exceeds 50% of the market value of the
structure at the time of the improvement or repair when counted cumulatively
for 10 years.
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 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 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 water
courses 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 A(1) 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:
The person appointed by the community to administer and implement
this article 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 article.
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 Flood Insurance Rate Map 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.
Has the same meaning as "base flood."
That 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 § 190-163D(2) of this article.
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 article which
permits construction or use in a manner that would otherwise be prohibited
by this article.
The failure of a structure or other development to be fully
compliant with the community's floodplain management regulations.
A.
Lands to which this article applies. This article shall apply to
all areas of special flood hazard within the jurisdiction of the City
of Lockport, Niagara County.
B.
Basis for establishing the areas of special flood hazard.
(1)
The areas of special flood hazard for the City of Lockport,
Community No. 360503, are identified and defined on the following
documents prepared by the Federal Emergency Management Agency:
(a)
Flood Insurance Rate Map Panel Nos. 36063C0229E, 36063C0233E,
36063C0236E, 36063C0237E, 36063C0238E, 36063C0239E, 36063C0241E, 36063C0243E;
the effective date of which is September 17, 2010, and any subsequent
revisions to these map panels that do not affect areas under our community's
jurisdiction.
(b)
A scientific and engineering report entitled "Flood Insurance
Study, Niagara County, New York, All Jurisdictions" and dated September
17, 2010.
(2)
The above documents are hereby adopted and declared to be a
part of this article. The Flood Insurance Study and/or maps are on
file at: Lockport Municipal Building, Building Department, One Locks
Plaza, Lockport, New York 14094.
C.
Interpretation and conflict with other laws.
(1)
This article 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.
(2)
In their interpretation and application, the provisions of this
article shall be held to be minimum requirements, adopted for the
promotion of the public health, safety, and welfare. Whenever the
requirements of this article 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.
D.
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 article and any other applicable regulations. Any infraction of the provisions of this article 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 article 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 Lockport from taking such other lawful action as necessary to prevent or remedy an infraction. Any structure found not compliant with the requirements of this article for which the developer and/or owner has not applied for and received an approved variance under § 190-165 will be declared noncompliant and notification sent to the Federal Emergency Management Agency.
E.
Warning and disclaimer of liability. The degree of flood protection
required by this article 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 article 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
article shall not create liability on the part of the City of Lockport,
any officer or employee thereof, or the Federal Emergency Management
Agency, for any flood damages that result from reliance on this article
or any administrative decision lawfully made thereunder.
A.
Designation of the local administrator. The Chief Building Inspector
is hereby appointed local administrator to administer and implement
this article by granting or denying floodplain development permits
in accordance with its provisions.
B.
The floodplain development permit.
(1)
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 § 190-162B, 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.
(2)
Fees. All applications for a floodplain development permit shall
be accompanied by an application fee of $50. In addition, the applicant
shall be responsible for reimbursing the City of Lockport 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.
C.
Application for a permit. The applicant shall provide the following
information as appropriate. Additional information may be required
on the permit application form.
(1)
The proposed elevation, in relation to mean sea level, of the
lowest floor (including basement or cellar) of any new or substantially
improved structure to be located in Zones A1-A30, AE or AH, or Zone
A if base flood elevation data are available. Upon completion of the
lowest floor, the permitee shall submit to the local administrator
the as-built elevation, certified by a licensed professional engineer
or surveyor.
(2)
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.
(3)
A certificate from a licensed professional engineer or architect that any utility floodproofing will meet the criteria in § 190-164B(3), Utilities.
(4)
A certificate from a licensed professional engineer or architect that any nonresidential floodproofed structure will meet the floodproofing criteria in § 190-164D, Nonresidential structures.
(5)
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 § 190-162B, 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.
(6)
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.
(7)
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.
D.
Duties and responsibilities of the local administrator. Duties of
the local administrator shall include, but not be limited to the following:
(1)
Permit application review. The local administrator shall conduct
the following permit application review before issuing a floodplain
development permit:
(a)
Review all applications for completeness, particularly with the requirements of Subsection C, Application for a permit, and for compliance with the provisions and standards of this article.
(b)
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 § 190-164, Construction standards, and, in particular, § 190-164A(1), Subdivision proposals.
(c)
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 § 190-164, 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.
(d)
Determine that all necessary permits have been received from
those governmental agencies from which approval is required by state
or federal law.
(2)
Use of other flood data.
(a)
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 C(7), as criteria for requiring that new construction, substantial improvements or other proposed development meet the requirements of this article.
(b)
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 article.
(3)
Alteration of watercourses.
(a)
Notify adjacent communities and the New York State Department
of Environmental Conservation prior to permitting any alteration or
relocation of a watercourse, and submit evidence of such notification
to the Regional Administrator, Region II, Federal Emergency Management
Agency.
(b)
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.
(4)
Construction stage.
(a)
In Zones A1-A30, AE and AH, and also Zone A if base flood elevation
data are available, upon placement of the lowest floor or completion
of floodproofing of a new or substantially improved structure, obtain
from the permit holder a certification of the as-built elevation of
the lowest floor or floodproofed elevation, in relation to mean sea
level. The certificate shall be prepared by or under the direct supervision
of a licensed land surveyor or professional engineer and certified
by same. For manufactured homes, the permit holder shall submit the
certificate of elevation upon placement of the structure on the site.
A certificate of elevation must also be submitted for a recreational
vehicle if it remains on a site for 180 consecutive days or longer
(unless it is fully licensed and ready for highway use).
(b)
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.
(5)
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.
(6)
Stop-work orders.
(a)
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 § 190-162D of this article.
(b)
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 article and/or the conditions of the development permit. Disregard of a stop-work order shall subject the violator to the penalties described in § 190-162D of this article.
(7)
Certificate of compliance.
(a)
In areas of special flood hazard, as determined by documents enumerated in § 190-162B, 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 article.
(b)
A certificate of compliance shall be issued by the local administrator
upon satisfactory completion of all development in areas of special
flood hazard.
(c)
Issuance of the certificate shall be based upon the inspections conducted as prescribed in Subsection D(5), 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.
(8)
Information to be retained. The local administrator shall retain
and make available for inspection copies of the following:
A.
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 § 190-162B.
(1)
Subdivision proposals. The following standards apply to all
new subdivision proposals and other proposed development in areas
of special flood hazard (including proposals for manufactured home
and recreational vehicle parks and subdivisions):
(a)
Proposals shall be consistent with the need to minimize flood
damage;
(b)
Public utilities and facilities such as sewer, gas, electrical
and water systems shall be located and constructed so as to minimize
flood damage; and
(c)
Adequate drainage shall be provided to reduce exposure to flood
damage.
(2)
Encroachments.
(a)
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:
[1]
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
[2]
The City of Lockport 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 Lockport 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 Lockport
for all costs related to the final map revision.
(b)
On streams with a regulatory floodway, as shown on the Flood Boundary and Floodway Map or the Flood Insurance Rate Map adopted in § 190-162B, no new construction, substantial improvements or other development in the floodway (including fill) shall be permitted unless:
[1]
A technical evaluation by a licensed professional engineer shows
that such an encroachment shall not result in any increase in flood
levels during occurrence of the base flood; or
[2]
The City of Lockport 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 Lockport 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 Lockport for all costs related to the final map revisions.
(c)
Whenever any portion of a floodplain is authorized for development,
the volume of space occupied by 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 constructed to drain feely to the watercourse.
No area below the waterline of a pond or other body of water can be
credited as a compensating excavation.
B.
Standards for all structures.
(1)
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.
(2)
Construction materials and methods.
(a)
New construction and substantial improvements to structures
shall be constructed with materials and utility equipment resistant
to flood damage.
(b)
New construction and substantial improvements to structures
shall be constructed using methods and practices that minimize flood
damage.
(c)
Enclosed areas below lowest floor.
[1]
For enclosed areas below the lowest floor of a structure within
Zones A1-A30, AE or AH, and also Zone A if base flood elevation data
are available, new and substantially improved structures shall have
fully enclosed areas below the lowest floor that are 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:
[2]
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.
(3)
Utilities.
(a)
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 also 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;
(b)
New and replacement water supply systems shall be designed to
minimize or eliminate infiltration of floodwaters into the system;
(c)
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
(d)
On-site waste disposal systems shall be located to avoid impairment
to them or contamination from them during flooding.
C.
Residential structures.
(1)
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 A(1), Subdivision proposals, A(2), Encroachments, and B, 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
shall have the lowest floor (including basement) elevated to or above
two feet above the base flood elevation.
(b)
Within Zone A, when no base flood elevation data are available,
new construction and substantial improvements shall have the lowest
floor (including basement) elevated at least three feet above the
highest adjacent grade.
(c)
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 two feet above the depth number specified in feet on the community's Flood Insurance Rate Map enumerated in § 190-162B (at least two feet if no depth number is specified).
(d)
Within Zones AH and AO, adequate drainage paths are required
to guide floodwaters around and away from proposed structures on slopes.
D.
Nonresidential structures. 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 A(1), Subdivision proposals, A(2), Encroachments, and B, 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
of any nonresidential structure shall either:
(a)
Have the lowest floor, including basement or cellar, elevated
to or above two feet above the base flood elevation; or
(b)
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 level
must be capable of resisting hydrostatic and hydrodynamic loads and
the effects of buoyancy.
(2)
Within Zone AO, new construction and substantial improvements
of nonresidential structures shall:
(a)
Have the lowest floor (including basement) elevated above the
highest adjacent grade at least as high as two feet above the depth
number specified in feet on the community's FIRM (at least two feet
if no depth number is specified); or
(3)
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 D(1)(b), including the specific elevation (in relation to mean sea level) to which the structure is to be floodproofed.
(4)
Within Zones AH and AO, adequate drainage paths are required
to guide floodwaters around and away from proposed structures on slopes.
(5)
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.
E.
Manufactured homes and recreational vehicles. The following standards in addition to the standards in Subsection A, General standards, and Subsection B, 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:
(1)
(2)
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 lowest floor is elevated to or above two feet above
the base flood elevation and is securely anchored to an adequately
anchored foundation system to resist flotation, collapse and lateral
movement.
(3)
Within Zone A, when no base flood elevation data are available,
new and substantially improved manufactured homes shall be elevated
such that the manufactured home chassis is supported by reinforced
piers or other foundation elements of at least equivalent strength
that are no less than 36 inches in height above grade and are securely
anchored to an adequately anchored foundation system to resist flotation,
collapse or lateral movement.
A.
Appeals board.
(1)
The Zoning Board of Appeals as established by the City of Lockport
shall hear and decide appeals and requests for variances from the
requirements of this article.
(2)
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 article.
(3)
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.
(4)
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 article and:
(a)
The danger that materials may be swept onto other lands to the
injury of others;
(b)
The danger to life and property due to flooding or erosion damage;
(c)
The susceptibility of the proposed facility and its contents
to flood damage and the effect of such damage on the individual owner;
(d)
The importance of the services provided by the proposed facility
to the community;
(e)
The necessity to the facility of a waterfront location, where
applicable;
(f)
The availability of alternative locations for the proposed use
which are not subject to flooding or erosion damage;
(g)
The compatibility of the proposed use with existing and anticipated
development;
(h)
The relationship of the proposed use to the comprehensive plan
and floodplain management program of that area;
(i)
The safety of access to the property in times of flood for ordinary
and emergency vehicles;
(j)
The costs to local governments and the dangers associated with
conducting search and rescue operations during periods of flooding;
(k)
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
(l)
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.
(5)
Upon consideration of the factors of Subsection A(4) and the purposes of this article, the Zoning Board of Appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this article.
(6)
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.
B.
Conditions for variances.
(1)
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 level, providing items (a) through (l) in Subsection A(4) have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases.
(2)
Variances may be issued for the repair or rehabilitation of
historic structures upon determination that:
(3)
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:
(4)
Variances shall not be issued within any designated floodway
if any increase in flood levels during the base flood discharge would
result.
(5)
Variances shall only be issued upon a determination that the
variance is the minimum necessary, considering the flood hazard, to
afford relief.
(6)
Variances shall only be issued upon receiving written justification
of:
(a)
A showing of good and sufficient cause;
(b)
A determination that failure to grant the variance would result
in exceptional hardship to the applicant; and
(c)
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.
(7)
Notification.
(a)
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:
(b)
Such notification shall be maintained with the record of all variance actions as required in § 190-163D(8) of this article.
