[Added 10-25-1999 by L.L. No. 5-1999[1]]
[1]
Editor's Note: This local law superseded former
Art. VI, Flood Damage Prevention, added 4-25-1987 by L.L. No. 2-1987,
as amended. See now Art. VIA, Flood Damage Prevention.
Pursuant to the provisions of Article 2-B, § 23
of the New York State Executive Law and § 10 of the Municipal
Home Rule Law, the Incorporated Village of Ocean Beach, County of
Suffolk, State of New York, hereby enacts by Local Law No. 5 of 1999,
this article.
This article shall be known and may be cited
as the "Incorporated Village of Ocean Beach Comprehensive All-Hazard
Law."
This article shall take effect 20 calendar days
from September 25, 1999, which is the date of this article's adoption
and filing pursuant to § 27 of the Municipal Home Rule Law,
or the date of filing the official maps, whichever is later.
The Incorporated Village of Ocean Beach hereby
assumes the responsibility and authority to implement and administer
a Comprehensive All-Hazards Management Program within its jurisdiction
pursuant to Article 2-B, § 23 of the New York State Executive
Law. In addition, it is the purpose of this article to:
A.
Establish standards and procedures relating to land
use and building regulations, as necessary to address all-hazards,
including flooding, coastal and floodplain management, stormwater
management, coastal erosion and wind that incorporates standards more
restrictive than those required by state and/or federal law.
B.
Establish standards and procedures for minimizing
and preventing damage to structures from all hazards and to protect
natural protective features and other natural resources.
C.
Regulate in coastal areas subject to coastal flooding,
erosion and wind, land use and development activities so as to minimize
or prevent damage or destruction to man-made property and to protect
human life.
D.
Regulate new construction or improvements to structures
in order to mitigate the impacts of coastal flooding, erosion and
wind to ensure that these structures are not prematurely destroyed
or damaged due to coastal flooding, erosion and wind during severe
storm events.
The Incorporated Village of Ocean Beach finds
that:
A.
The village area, being situated on Fire Island, one
of the barrier islands of Long Island, separating the Atlantic Ocean
and the Great South Bay in the Town of Islip, is placed in a geographical
area which is expected to be affected by at least one tropical storm
every five plus years, and at least one hurricane every 14 plus years.
However, over the past 20 years the village area has been impacted
by five major blizzards and winter storms, four major northeast coastal
storms and four major hurricanes, in addition to numerous local severe
storm events, which greatly exceeds the predicted average by over
400%.
B.
The village area is entirely situated within mapped
flood and coastal erosion hazard areas and, for the small size of
the village, has seven different flood hazard zones and a coastal
erosion hazard zone within the village's jurisdiction and is also
situated within the Fire Island National Seashore, a fragile, environmentally
sensitive barrier island estuary.
C.
Since the early 1980's, severe storm activity and
natural coastal geologic processes have caused extensive flooding
and erosion of the village's Great South Bay and Atlantic Ocean coastlines.
Significant, repetitive damage has occurred to both bayfront and oceanfront
property and structures, municipal infrastructure, commercial docks
and recreational beaches; additionally, the newly released Federal
Emergency Management Agency (FEMA) county-wide (Suffolk County) flood
insurance study and accompanying Flood Insurance Rate Maps (FIRM's)
do not reflect the current deteriorated conditions existing in the
village, representing a major impact to the village.
D.
The village recognizes that all of the above factors
must be examined as they impact flooding and erosion risks and that
practical actions must be identified, that the village and the private
property owners can take, in the short- and long-term, to better deal
with the flooding and erosion problems being experienced within the
village. Additionally, the village further recognizes that communities
may impose stricter local requirements to compensate for the reduced
flood protection. Flooding issues, the condition of the deteriorated
primary dunes and other related issues are addressed by the village
in this Comprehensive All-Hazards article.
E.
The village intends to prevent damage through the
implementation of initiatives, such as standardization of base flood
elevations, freeboard standards, utility connection standards, enhanced
substantial and cumulative improvement standards, stormwater management
requirements, increased wind standards, enhanced floodproofing and
elevation standards and enhanced flood damage prevention and coastal
erosion hazards area requirements. The code modifications will ensure
that the most recent floodplain management and construction requirements
are met by property owners, residents and business owners when performing
all new construction and/or cumulative and substantial improvements,
including those repairs caused by a storm event.
F.
In addition to addressing the mitigation of hazards,
updated regulations, codes and authorizing local laws based on current
federal and state floodplain and coastal erosion hazards management
and construction requirements enable Ocean Beach's floodplain and
coastal erosion administrator, and Building and Zoning and Planning
Departments, to increase their floodplain and coastal erosion management,
and enforcement capabilities.
The mapped areas of special flood hazard, the
risk premium zones and the base flood elevations (BFE) applicable
to the Incorporated Village of Ocean Beach, Community Number: 365339,
as indicated on the Flood Insurance Rate Maps (FIRM's) for the Incorporated
Village of Ocean Beach, are amended as follows:
[Amended 11-13-2004 by L.L. No. 2-2004; 11-16-2013 by L.L. No. 2-2013; 11-2-2019 by L.L. No. 6-2019]
All new residential and nonresidential structures,
or the reconstruction, rehabilitation, addition, repair or other improvement
of residential and nonresidential structures, the cost of which equals
or exceeds 41% of the market value of the structure before the start
of construction of the improvement, shall be provided with a flood
protection elevation as follows:
A.
All new residential structures, or the reconstruction, rehabilitation, addition, repair or other improvement of a residential structure, shall be provided with a flood protection elevation which conforms with the New York State Residential Building Code requirements. The base flood elevation is indicated on the latest version of the Flood Insurance Rate Maps, as modified by § 164-41.1 of this Code.
B.
All new nonresidential structures, or the reconstruction, rehabilitation, addition, repair or other improvement of a nonresidential structure, shall be provided with a flood protection elevation as indicated on the Flood Insurance Rate Map, as modified by § 164-41.1 of this Code.
C.
The basis for determining the location of the lowest
floor of the structure shall be as defined in Article VIA of the Village's
Zoning Code, titled "Flood Damage Prevention," §§ 164-49
Construction standards, 164-49.1. General standards, 164-49.2, Specific
standards and 164-49.3, Coastal high hazard areas.
D.
The definition of "Flood protection elevation" shall
be as defined in Article VIA of the Village's Zoning Code, titled
"Flood Damage Prevention," § 164-46 Definitions.
All walls situated below the base flood elevation
that are not part of the structural support of the building shall
be designed and constructed to collapse under specific lateral loading
forces without causing damage to the elevated portion of the building
or the supporting foundation system, as detailed and described in
the following:
|
The design standards to be met shall be as defined
in Article VIA of the Village's Zoning Code, titled "Flood Damage
Prevention," §§ 164-49, Construction standards, and
164-49.4A(14), Breakaway wall design standards.
|
All utilities, services, machinery, equipment,
appliances and fuel containers servicing a building shall be elevated
to or above the base flood elevation, as detailed and described in
the following:
A.
The design standards to be met shall be as defined
in Article VIA of the Village's Zoning Code, titled "Flood Damage
Prevention," §§ 164-49 Construction standards, § 164-49.1,
General standards and 164-49.2C, Utilities.
B.
Inspection and certification of electrical service
connections from the utility company are required prior to the issuance
of a certificate of occupancy by the Village.
C.
By definition of the Incorporated Village of Ocean
Beach Flood Damage Prevention Code, a fuel oil tank or propane gas
cylinder or tank is classified as a structure. As such, they are required
to be located above the base flood elevation.
D.
Placing either a fuel oil tank or propane tank away
from the structure causes increased threat of disruption in that the
service between the tank and the structure is vulnerable to damage
or loss. In addition to being required to be elevated above the base
flood elevation, all storage tanks and cylinders must be secured to
prevent buoyancy.
E.
The New York State Building Code (PART 1001) requires
that:
F.
The standards for the placement and connection of
fuel containers shall be as defined in the following reference standards.
The guidelines are considered a generally accepted standard to the
The New York State Uniform Fire Prevention and Building Code and shall
govern the installation details for such systems and equipment in
the Incorporated Village of Ocean Beach:
(1)
FEMA Coastal Construction Manual (4.3.6 Utilities)
offers recommendations for the protection of utility systems which
are considered the minimum standard to be met for utility installations.
As defined in (4.3.6 Utilities), the recommendations for the protection
of utility systems are based on the following criteria:
(a)
Major utilities and mechanical equipment should
be protected from inundation by the base flood.
(b)
Utility connections and underground services
must be capable of withstanding forces imparted by a velocity flood
condition, without damage or contamination of other resources.
(c)
The structures should remain habitable following
flooding, with necessary systems for habitation (water, sanitary sewer
and electric power) operating properly.
(2)
Liquefied Petroleum Gases Handbook of the National
Fire Protection Association (Chapter 3 — Installation of LP-Gas
Systems) details requirements for the location and field installation
of LP-Gas systems. Appendix I of said publication indicates dimensional
data that gas cylinders and tanks should conform to. The Installation
Guideline indicates the following typical dimensional requirements:
(a)
DOT cylinders not filled at site. Requires a
five-foot-zero-inch minimum distance to any source of ignition (including
window air conditioner); a five-foot-zero-inch minimum distance to
any direct vent appliance; and a three-foot-zero-inch minimum distance
to any window or exhaust fan.
(b)
DOT cylinders filled at site by truck. Requires
a ten-foot-zero-inch minimum distance to any source of ignition (including
window air conditioner); and a five-foot-zero-inch minimum distance
to any window or exhaust fan.
(c)
Aboveground ASME containers under 125 gallons.
Requires a ten-foot-zero-inch minimum distance to any source of ignition
(including window air conditioner) or direct vent appliance; and a
five-foot-zero-inch minimum distance to any window or exhaust fan.
(d)
Larger aboveground ASME containers. Larger containers
which require separation from the structure should be discouraged
and allowed only after submittal of a permit application and installation
details which address the methods of securing the tank from flotation
and how the tank and connecting service will be protected from damage
due to scour and flooding.
(3)
National Fuel Gas Code Handbook of the National
Fire Protection Association is a safety code that shall apply to the
installation of fuel gas piping systems, fuel gas utilization equipment
and related accessories which supplied with natural gas, manufactured
gas and liquefied petroleum (LP) gas.
(4)
Standard for the Installation of Oil-Burning
Equipment, NFPA 31, published by the National Fire Protection Association,
shall apply to the installation of fuel oil piping systems, equipment
and related accessories.
[Amended 11-2-2019 by L.L. No. 6-2019]
All reconstructions, rehabilitations, additions,
repairs or other improvements of a structure during the past 60 months
shall be counted cumulatively in determining the threshold for substantial
improvements. The threshold for substantial improvements is hereby
set at 50% of the house living area before the start of construction
of the improvement. The substantial and cumulative improvement requirements
in the Incorporated Village of Ocean Beach are described and detailed
as follows:
A.
All reconstructions, rehabilitations, additions, repairs
or other improvements of a structure shall be counted cumulatively
in determining the threshold for substantial improvements. The basis
for determining cumulative improvements is the life of the structure,
with the start date for counting cumulative improvements set at January
1998. All reconstructions, rehabilitations, additions, repairs or
other improvements of a structure in progress on said date are hereby
counted as cumulative improvements.
B.
The definition of "cumulative improvements" and "substantial
improvements" shall be as defined in Article VIA of the village's
Zoning Code titled, "Flood Damage Prevention," § 164-46,
Definitions.
These stormwater management requirements apply
to all new development and all reconstructions, rehabilitations, additions,
repairs or other improvements of existing developed properties situated
within the village.
A.
Ocean Beach has numerous low-lying areas which retain
water for extended periods and appear to have no natural drainage
capabilities. Protective sand berms, municipal walkway improvements
and shore protection structures at the Great South Bay shoreline all
impact the natural drainage features of the village area.
B.
Flooding in these areas appears to have several causes.
The first is that the areas serve as a natural drainage basin for
all of the surrounding areas with higher elevations, including the
Atlantic Ocean shoreline; the second appears to be from severe, heavy
rain events; and the third appears to be from severe storm events
which cause tidal flooding from the Great South Bay.
C.
Due to no apparent natural drainage capabilities,
the low-lying areas hold water for extended periods. Several of these
low-lying areas have nonelevated residences, some with occupied floor
levels significantly lower than adjacent higher grades, placing them
in a higher risk for repetitive flooding.
D.
The low-lying areas situated within the village have
been identified as Local Flood Prone Areas by the village in the village's
adopted Flood Mitigation Plan. The low-lying areas situated within
the village are shown on the Map indicating the village's Local Flood
Mitigation Project Areas included as Appendix M in the village's Flood
Mitigation Plan.[1]
[1]
Editor's Note: The village's Flood Mitigation
Plan is on file in the village offices.
E.
The stormwater management requirements in the Incorporated
Village of Ocean Beach are described and detailed as follows:
(1)
The village's Flood Mitigation Plan adopted
by the Village Board of Trustees Resolution on October 17, 1998, and
the manual titled "Reducing the Impacts of Stormwater Runoff from
new Development," published by the New York State Department of Environmental
Conservation, shall be considered as reference documents for the village's
stormwater management requirements.
(2)
The control of stormwater runoff from any property
situated within the village is intended to be achieved by utilizing
best management practices whenever improvements, including placement
of fill and grading activities, are proposed for individual properties.
(3)
All placement of fill and grading activities
require a permit issued by the village's Building Department and shall
be performed in accordance with any conditions that may be placed
on the issuance of the permit.
(4)
All requests for placement of fill and grading
activities require submittal of a recent property survey indicating
the location and description of the proposed improvements, including
placement of fill and grading activities, and both the existing and
proposed grades.
(5)
Fill placement, grading activities and improvements
must not impact or cause increased flood or erosion risk to adjacent
properties or impact the natural drainage characteristics of the general
area in which the property is situated.
(6)
Properties situated within identified low-lying
areas shown on said map indicating the village's local flood mitigation
project areas are required to demonstrate that the adjacent property
owners located within the identified low-lying area do not object
to the fill placement, grading activities and/or improvements proposed.
(7)
Swimming pools must not discharge water directly
onto adjacent properties or cause erosion to adjacent properties,
and additionally shall be as required by the village's Planning Board.
(8)
Debris and floatable material situated at any
property within the village must not impact adjacent properties or
the natural drainage characteristics of the general area during flood
events.
Minimum wind loads for all new and improved
structures within the village shall be based on a fastest-mile wind
speed of 100 miles per hour in lieu of the seventy-five-miles-per-hour
construction standard specified by the New York State Uniform Fire
Prevention and Building Code, as follows:
A.
The Basic Wind Speed Map published by the American
Society of Civil Engineers and included in this Code as Figure A,[1] identifies that Long Island has a basic wind speed of
90 miles per hour, which exceeds the New York State Code's seventy-five-mile-per-hour
construction standard requirement for wind speed.
[1]
Editor's Note: Figure A is on file in the
village offices.
B.
The fastest-mile wind speed of 100 miles per hour
for the Village area is based on the ninety-mile-per-hour basic wind
speed indicated by Figure A plus an exposure factor of 1.1 since the
Village is situated within a coastal area with an exposed hurricane
shoreline.
C.
All buildings, other exposed structures, components,
cladding and roof coverings shall be designed to resist the pressure
caused by wind in any direction as provided for herein this Code.
D.
All new residential and nonresidential structures,
or the reconstruction, rehabilitation, addition, repair or other improvement
of a residential and nonresidential structure, shall be provided with
load-resisting connector systems which effectively provide continuity
and connect and transfer loads through all building structure components
and systems, including, but not limited to:
All reconstructions, rehabilitations, additions,
repairs or other improvements of a nonresidential structure shall
be either floodproofed or elevated with the intent of reducing flood-related
damage as follows:
A.
All floodproofing of nonresidential structures shall
be provided with a flood protection elevation not to exceed 12 inches
of freeboard above base flood elevation as indicated on said Flood
Insurance Rate Map.
[Amended 11-13-2004 by L.L. No. 2-2004]
B.
All floodproofing of nonresidential structures shall
be accomplished with either dry floodproofing or wet floodproofing
methods and materials as determined by a licensed engineer or architect.
Materials utilized shall be waterproof, including paints, finishes,
flooring materials and cabinetry. To allow the removal of floodwaters
from within a structure, all floors shall have a positive slope to
a sump pump or drainage openings. FEMA (1993) Technical Bulletin 2
contains a listing of flood-resistant materials suitable for use and
is on file in the Village office.
C.
To prevent structural failure, no floodproofing shall
be performed over three feet in height without a licensed engineer's
or architect's detailed analysis.
D.
Dry floodproofing or wet floodproofing does not satisfy
the requirements for bringing substantially damaged or improved structures
into compliance.
E.
Floodproofing operations performed for all nonresidential structures shall also include the floodproofing and or relocation of utilities and equipment. All interior electrical lines and panels shall be elevated above the flood protection elevation of 24 inches of freeboard above the base flood elevations as indicated on said Flood Insurance Rate Map, as modified by § 164-41.1 of this Code. All utility penetrations shall be pressure sealed. Elevation of nonresidential structures shall conform to § 164-41.9 of this Code.
All new residential and nonresidential structures, or the reconstruction, rehabilitation, addition, repair or other improvement of residential structures, shall be elevated as required by this Comprehensive All-Hazards article; Article VIA of the village's Zoning Code, titled "Flood Damage Prevention," Article VIB of the village's Zoning Code, titled "Coastal Erosion Hazard Area Management," and as follows:
A.
All reconstructions, rehabilitations, additions, repairs
or other improvements of nonresidential structures shall be evaluated
by a licensed architect or engineer to determine whether the nonresidential
structure is to be either elevated or floodproofed, or a combination
of both.
B.
Prior to the elevation of residential structures,
and either floodproofing or elevation of nonresidential structures,
the existing ground elevation shall be evaluated and the elevation
and/or floodproofing height certified by a licensed architect, engineer
or surveyor to determine compliance with the village's floodplain
and coastal erosion ordinances.
C.
Due to high water table conditions existing within
the village, all new residential and nonresidential structures situated
within mapped AE flood zones shall be elevated on piling support systems,
in lieu of traditional foundation and footing systems.
D.
All reconstructions, rehabilitations, additions, repairs
or other improvements of residential and nonresidential structures
situated within mapped AE flood zones which are selected for elevation
and currently provided with traditional foundation and footing systems
shall be evaluated and certified by a licensed architect or engineer
to determine whether the existing foundation and footing systems are
suitable for elevation. If not suitable, piling support systems shall
be provided.
A.
The village's general building construction requirements shall be as defined in Chapter 64 of the Village Code, titled "Building Construction," which details the administrative requirements applicable for all new structures, or the reconstruction, rehabilitation, addition, repair or other improvements of a structure performed within the jurisdiction of the Incorporated Village of Ocean Beach.
B.
The Incorporated Village of Ocean Beach is entirely situated within mapped flood and coastal erosion hazard areas. Therefore, Chapter 64 of the Village Code, titled "Building Construction," is complimentary to the village's flood damage prevention requirements as defined in Article VIA of the village's Zoning Code, titled "Flood Damage Prevention;" and to the village's coastal erosion hazard area requirements as defined in Article VIB of the village's Zoning Code, titled "Coastal Erosion Hazard Area Management."
The village's flood damage prevention requirements
shall be as defined in Article VIA of the village's Zoning Code, titled
"Flood Damage Prevention." Said requirements shall be applicable for
all new structures or the reconstruction, rehabilitation, addition,
repair or other improvements of a structure performed within the jurisdiction
of the Incorporated Village of Ocean Beach.
The village's coastal erosion hazard area requirements shall be as defined in Article VIB of the village's Zoning Code, titled "Coastal Erosion Hazard Area Management." Said requirements shall be applicable for all new structures, or the reconstruction, rehabilitation, addition, repair or other improvements of a structure situated within the jurisdiction of the Incorporated Village of Ocean Beach which are located in coastal areas subject to coastal flooding and erosion.
[Added 11-2-2019 by L.L.
No. 6-2019]
A.
All
new construction or substantial improvement of an existing building
or structure shall be provided with a sprinkler system in conformity
with NFPA requirements.
B.
All
new construction or substantial improvement of an existing building
or structure shall be required to provide an external means of egress
from the first floor and the second floor level. A second floor external
landing used for exiting purposes will not be counted in the house
living area.
The provisions of this article will take precedence
over any other laws, ordinances or codes in effect in the village
to the extent that the provisions of this article are more stringent
than such other laws, ordinances or codes. A permit issued pursuant
to this article does not relieve the permit applicant from the responsibility
of obtaining other permits or approvals as may be necessary nor does
it convey any rights or interest in real property.
The provisions of this article are severable.
If any clause, sentence, paragraph, subdivision, section or part is
adjudged invalid by a court of competent jurisdiction, the effect
of such order or judgment does not affect or invalidate any other
provisions of this article or their application to other persons and
circumstances.
A violation of this article is hereby declared
to be an offense punishable by a fine not exceeding $250 or imprisonment
for a period not to exceed six months, or both. Each day's continued
violation of this article will constitute a separate additional violation.
Nothing herein will prevent the proper local authorities of the village
from taking such other lawful actions or proceedings as may be necessary
to restrain, correct or abate any violation of this article.
Regulations regarding variances and appeals shall be as follows in § 164-42.1.
Strict application of the standards and restrictions
of this article may cause practical difficulty or unnecessary hardship.
When this can be shown, such standards and restrictions may be varied
or modified, provided that certain criteria are met. The criteria
to be met and the procedure for applying for a variance under this
article shall be as required by the following:
A.
For those variances and appeals relating to structures
located within the village's designated floodplains, variance requirements
shall be as defined in Article VIA of the village's Zoning Code, titled
"Flood Damage Prevention," § 164-50 Variance procedures.
B.
For those variances and appeals relating to structures located within the village's designated coastal erosion hazard areas, variance requirements shall be as defined in Article VIB of the village's Zoning Code, titled "Coastal Erosion Hazard Area Management," § 164-54 Variances and appeals.
C.
For those variances and appeals relating to structures
located within both the village's designated floodplains and coastal
erosion hazard areas, the more stringent variance requirements shall
be met by the applicant.
Regulations regarding administration and enforcement shall be as follows in § 164-43.1.
The administration and enforcement activities
to be met in applying for permits under this article shall be as required
by the following:
A.
For those permits relating to structures located within
the village's designated floodplains, administration and enforcement
requirements shall be as defined in Article VIA of the village's Zoning
Code, titled "Flood Damage Prevention," § 164-48, Administration.
B.
For those permits relating to structures located within the village's designated coastal erosion hazard areas, administration and enforcement requirements shall be as defined in Article VIB of the village's Zoning Code, titled "Coastal Erosion Hazard Area Management," § 164-55, Administration and enforcement.
C.
For those permits relating to structures located within
both the village's designated floodplains and coastal erosion hazard
areas, the more stringent administration and enforcement requirements
shall be met by the applicant.
