[1]
Editor's Note: See also Ch. 114, Flood Damage Prevention.
The following provisions of this appendix are to ensure compliance with National Flood Insurance Program regulations, Section 60.3b, as amended.
It is the purpose of this article is 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. 
Protect human life and health.
B. 
Minimize expenditure of public money for costly flood control projects.
C. 
Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public.
D. 
Minimize prolonged business interruptions.
E. 
Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone, and sewer lines, and streets and bridges located in areas of special flood hazard.
F. 
Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood-blight areas.
G. 
Ensure that potential buyers are notified that property is in an area of special flood hazard.
H. 
Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.
This appendix shall apply to all areas of special flood hazards within the jurisdiction of the Village.
The areas of special flood hazard identified by the Federal Insurance Administration are adopted by reference and declared to be a part of this chapter.
In their interpretation and application, the provisions of this appendix shall be held to be minimum requirements adopted for the promotion of the public health, safety or the general welfare. Whenever the requirements of this appendix 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.
The invalidity of any section or provision of this appendix shall not invalidate any other section or provision thereof.
A basic permit shall be obtained before construction or development begins within any area of special flood hazard established herein.
A. 
The Planning Board is hereby appointed to administer and implement this article by granting or denying development permit applications in accordance with its provisions.
B. 
Duties of Planning Board.
(1) 
Duties of the Planning Board shall include, but not be limited to:
(a) 
Permit review. The Planning Board shall:
[1] 
Review all basic permits to determine that the permit requirements of this appendix have been satisfied.
[2] 
Review all basic permits to determine that all necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required.
[3] 
Review all basic permits to determine if the proposed development adversely affects the flood-carrying capacity of the area of special flood hazard. For the purposes of this chapter, "adversely affects" means damage to adjacent properties because of rises in flood stages attributed to physical changes of the channel and the adjacent overbank areas.
[a] 
If it is determined that there is no adverse effect, then the permit shall be granted consistent with the provisions of this chapter.
[b] 
If it is determined that there is an adverse effect, then flood damage mitigation measures shall be made a condition of the permit.
(b) 
Use of other base flood data. When base flood elevation data has not been provided in accordance with this chapter, the Planning Board shall obtain, review and reasonably utilize any base flood elevation data available from a federal, state or other source.
(c) 
Information to be obtained and maintained. The Planning Board shall:
[1] 
Obtain and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement.
[2] 
For all new substantially improved floodproofed structures:
[a] 
Obtain and record the actual elevation (in relation to mean sea level) to which the structure has been floodproofed.
[b] 
Maintain the floodproofing required certifications.
[3] 
Maintain for public inspection all records pertaining to the provisions of this chapter.
(d) 
Alteration of watercourses. The Planning Board shall:
[1] 
Notify adjacent communities and the New York State Department of Environmental Conservation prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration.
[2] 
Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished.
(e) 
Interpretation of Flood Insurance Rate Map (FIRM) boundaries. The Planning Board shall make interpretations, where needed, as to the exact location of the boundaries of the areas of special flood hazard.
In all areas of special flood hazard, the following standards are required:
A. 
Anchoring.
(1) 
All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure.
(2) 
All mobile homes and any additions thereto shall be anchored to resist flotation, collapse or lateral movement by providing an anchoring system designed to withstand a wind force of 90 miles per hour.
B. 
Construction materials and methods.
(1) 
All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.
(2) 
All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.
C. 
Utilities.
(1) 
All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.
(2) 
New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters.
(3) 
On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
D. 
Subdivision proposals.
(1) 
All subdivision proposals shall be consistent with the need to minimize flood damage.
(2) 
All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.
(3) 
All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage.
(4) 
Base flood elevation data shall be provided for subdivision proposals and other proposed development which contain at least 50 lots or five acres, whichever is less.
E. 
Encroachments. Any proposed development shall be analyzed to determine effects on the flood-carrying capacity of the area of special flood hazard as set forth during permit review.
In all areas of special flood hazard where base flood elevation data has been provided as set forth in § 220-114B(1)(b), Use of other base flood data, the following standards are required:
A. 
Residential construction. New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to or above the base flood elevation.
B. 
Nonresidential construction. New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated to or above the base flood elevation; or, together with attendant utility and sanitary facilities, shall:
(1) 
Be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water.
(2) 
Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.
(3) 
Be certified by a registered professional engineer or architect that the standards of this subsection are satisfied.