Town of Clarence, NY
Erie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Clarence 3-22-2000 by L.L. No. 3-2000.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Building construction and fire prevention — See Ch. 67.
Unsafe buildings — See Ch. 75.
Dumps and dumping — See Ch. 87.
Excavations — See Ch. 93.
Subdivision of land — See Ch. 193.
Zoning — See Ch. 229.
[1]
Editor's Note: This local law supersedes former Ch. 107, Flood Damage Prevention, adopted 3-6-1996 by L.L. No. 1-1996.

§ 107-1 Objectives.

The objectives of this chapter are:
A. 
To notify the public that property is in an area of special flood hazard.
B. 
To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.
C. 
To help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard.
D. 
To qualify for and maintain participation in the National Flood Insurance Program.
E. 
To 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. 
To continue to seek cost-effective remedies that would eliminate or reduce flooding in the areas of special flood hazard so as to no longer require the Town of Clarence to participate in the National Flood Insurance Program.
G. 
To provide administrative assistance to all property owners in the density floodplain in obtaining variances as allowed by the Federal Emergency Management Agency (FEMA).
H. 
To encourage large lot size residential development in the density floodplain but not at the expense of existing property owners.

§ 107-2 Definitions.

Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application:
ACCESSORY BUILDING
A structure which is on the same parcel of property as the principal structure to be insured and the use of which is incidental to the use of the principal structure.
APPEAL
A request for a review of the local administrator's interpretation of any provision of this chapter or a request for a variance.
AREA OF SHALLOW FLOODING
A designated 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 to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
AREA OF SPECIAL FLOOD HAZARD
The land in the floodplain within a community subject to a one-percent or greater chance of flooding in any given year. This area is designated as Zone AE, identified on the Flood Insurance Rate Map. It is also commonly referred to as the "base floodplain" or "one-hundred-year floodplain."
BASE FLOOD
The flood having a one-percent chance of being equaled or exceeded in any given year.
BASEMENT
That portion of a building having its floor subgrade (below ground level) on all sides.
BUILDING
See "structure."
CELLAR
See "basement."
CONTIGUOUS FILL
Fill placed in a continuous or overlapping fashion or with a separation of 50 lineal feet or less.
CONTIGUOUS LENGTH OF FILL
The lineal dimension measured from the northernmost point of fill to the southernmost point. In the case where contiguous fill is of the overlapping fashion, the measurement is not doubled for the overlapping portion.
CONVEYANCE
The ability of the density floodway to pass the base flood flow.
CONVEYANCE CHANNEL
Includes the main Black Creek channel; the width of the conveyance channel is 350 feet from Transit Road to Kenfield Road and 250 feet from Kenfield Road to Goodrich Road.
CRAWL SPACE
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.
DENSITY FLOODWAY
A conceptual floodway that encompasses the entire special flood hazard area of the Black Creek as depicted on the Flood Insurance Rate Map, which permits island development of the floodplain without cumulatively increasing the water surface elevation of the base flood by more than one foot. It is a method of regulating the density of development within the floodplain to allow equitable development rights throughout the entire special flood hazard area.
DEVELOPMENT
Other than minimal improvements to real estate, 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 within areas of special flood hazard.
ELEVATED BUILDING
A nonbasement building which has its lowest elevated floor elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of floodwaters.
EXCEPTION
A waiver to the community from the minimum standards set forth by FEMA, which relieves the community from the requirements of a rule, regulation, order or other determination made or issued pursuant to the National Flood Insurance Act.
EXISTING LOT
That parcel of land as recorded in the records of the office of the Clerk of Erie County prior to the enactment of this chapter.
EXISTING MOBILE/MANUFACTURED HOME PARK OR SUBDIVISION
A mobile/manufactured home park or subdivision completed prior to the effective date of this chapter for which the construction of facilities for servicing the lots on which the mobile/manufactured homes are to be affixed, including the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads, is complete.
EXISTING ROAD
A public highway or privately owned thoroughfare which was fully constructed prior to enactment of this chapter.
EXPANSION TO AN EXISTING MOBILE/MANUFACTURED HOME PARK OR SUBDIVISION
The preparation of additional sites by the construction of facilities for servicing the lots on which the mobile/manufactured homes are to be affixed, including the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads.
FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA)
The federal agency that administers the National Flood Insurance Program.
FILL
Any structure, facility or earthen material that will be placed above the natural grade elevation. The percentage of allowable fill is determined by its outside dimensions.
FLOOD BOUNDARY AND FLOODWAY MAP (FBFM)
An official map of the community published by the Federal Emergency Management Agency as part of a community's flood insurance study. The FBFM delineates a regulatory floodway along watercourses studied in detail in the flood insurance study.
FLOOD ELEVATION STUDY
An examination, evaluation and determination of the flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of flood-related erosion hazards.
FLOOD HAZARD BOUNDARY MAP (FHBM)
An official map of a community issued by the Federal Emergency Management Agency, where the boundaries of the areas of special flood hazard have been designated as Zone A but no flood elevations are provided.
FLOOD INSURANCE RATE MAP (FIRM)
An official map of a community on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY
See "flood elevation study."
FLOOD or FLOODING
A general and temporary condition of partial or complete inundation of normally dry land areas from:
A. 
The overflow of inland waters.
B. 
The unusual and rapid accumulation or runoff of surface waters from any source.
C. 
The collapse or subsidence of land along the shore of a 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 by some similarly unusual and unforeseeable event.
FLOODPLAIN or FLOOD-PRONE AREA
Any land area susceptible to being inundated by water from any source (see definition of "flooding").
FLOODPLAIN DEVELOPMENT PERMIT
That authority obtained from the local administrator allowing development in an area of special flood hazard.
FLOODPROOFING
Any combination of structural and nonstructural additions, changes or adjustments to structures which reduces or eliminates flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
FLOODWAY
See "regulatory floodway."
FUNCTIONALLY DEPENDENT USE
A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water, such as a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding and ship repair facilities. The term does not include long-term storage, manufacturing, sales or service facilities.
HIGHEST ADJACENT GRADE
The highest natural elevation of the ground surface, prior to construction, next to the proposed walls of a structure.
HISTORIC STRUCTURE
Any structure that is:
A. 
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;
B. 
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;
C. 
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
D. 
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
(1) 
By an approved state program as determined by the Secretary of the Interior; or
(2) 
Directly by the Secretary of the Interior in states without approved programs.
LOCAL ADMINISTRATOR
The person in the office designated by the community to administer and implement this chapter by granting or denying development permits in accordance with its provisions.
LOWEST FLOOR
The lowest floor of the lowest enclosed area (including basement or cellar). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this chapter.
MEAN SEA LEVEL
For purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929, or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced.
MOBILE/MANUFACTURED HOME
A structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term does not include a recreational vehicle.
MOBILE/MANUFACTURED HOME PARK OR SUBDIVISION
A parcel (or contiguous parcels) of land divided into two or more mobile/manufactured home lots for rent or sale.
NATIONAL GEODETIC VERTICAL DATUM (NGVD)
As corrected in 1929, a vertical control used as a reference for establishing varying elevations within the floodplain.
NEW CONSTRUCTION
Structures for which the "start of construction" commenced on or after April 1, 1982, the date of the community's first FIRM.
NEW MOBILE/MANUFACTURED HOME PARK OR SUBDIVISION
A mobile/manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the mobile/manufactured homes are to be affixed, including at a minimum the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads, is begun on or after the effective date of this chapter.
ONE-HUNDRED-YEAR FLOOD
See "base flood."
PRINCIPALLY ABOVE GROUND
At least 51% of the actual cash value of the structure, excluding land value, is above ground.
RECREATIONAL VEHICLE
A vehicle which is:
A. 
Built on a single chassis.
B. 
Four hundred square feet or less when measured at the largest horizontal projections.
C. 
Designed to be self-propelled or permanently towable by a light-duty truck.
D. 
Not designed primarily for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.
REGULATORY FLOODWAY
The channel of a 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 § 107-4D(2) of this chapter.
START OF CONSTRUCTION
Includes substantial improvement and means the date that the building permit was issued, provided that the actual start of construction, repair, reconstruction, rehabilitation, addition placement or other improvement was within 180 days of the permit date. The "actual start of construction" shall include substantial improvement and means the initiation, excluding planning and design, of any phase of a project, physical alteration of the property, and shall include land preparation, such as clearing, grading and filling; installation of streets and/or walkways; excavation for a basement, footings, piers or foundations; or the erection of temporary forms. It also includes the placement and/or installation on the property of accessory buildings (garages, sheds), storage trailers and building materials. For mobile/manufactured homes, the "actual start" means affixing of the mobile/manufactured home to its permanent site.
STRUCTURE
A walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a mobile/manufactured home.
SUBSTANTIAL DAMAGE
Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT
Any reconstruction, rehabilitation, addition or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. The term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either:
A. 
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
B. 
Any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure.
VARIANCE
A grant of relief from the requirements of this chapter which permits construction or use in a manner that would otherwise be prohibited by this chapter.
VIOLATION
The failure of a structure or other development to comply with the Town of Clarence's local flood damage prevention law. A structure or other development without the elevation certificate, other certifications or other evidence of compliance is assumed to be in violation until such time as that documentation is provided.
WIDTH OF FLOODPLAIN
The lineal dimension of the special flood hazard area measured in a true north-south direction from boundary line to boundary line.

§ 107-3 General provisions.

A. 
Lands to which this chapter applies. This chapter shall apply to all areas of special flood hazard within the jurisdiction of the Town of Clarence.
B. 
Basis for establishing areas of special flood hazard. The areas of special flood hazard are identified and defined on the following documents, which are on file at the Clarence Town Clerk's office, Clarence Town Engineer's office, Clarence Town Assessor's office and Clarence Public Library:
(1) 
Flood Insurance Rate Map (multiple panels) Index No. 360232, 0005, 0010, 0011, 0012, 0013, 0014, dated March 5, 1996.
(2) 
A scientific and engineering report entitled "Flood Insurance Study, Town of Clarence, Erie County, New York," dated March 5, 1996.
(3) 
Engineer's Report for Density Floodway Analysis Black Creek Floodplain, Town of Clarence, New York, adopted January 1, 2000.
(4) 
Engineer's Report for Development Along North-South Roads in the Black Creek Density Floodway, prepared by Pratt & Huth Associates, dated December 1995, adopted January 26, 2000.
C. 
Interpretation and conflict with other laws.
(1) 
This chapter includes all revisions to the National Flood Insurance Program through October 1, 1994, and shall supersede all previous laws adopted for the purpose of flood damage prevention.
(2) 
In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements adopted for the promotion of the public safety and welfare. Whenever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the most restrictive or that imposing the higher standards shall govern.
D. 
Severability. The invalidity of any section or provision of this chapter shall not invalidate any other section or provision thereof.
E. 
Penalties for offenses. No structure in an area of special flood hazard shall hereafter be constructed, located, extended, converted or altered and no land shall be excavated or filled without full compliance with the terms of this chapter and any other applicable regulations. Any infraction of the provisions of this chapter by failure to comply with any of its requirements, including infractions of conditions and safeguards established in connection with conditions of the permit, shall constitute a violation. Any person who violates this chapter or fails to comply with any of its requirements shall, upon conviction thereof, be 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 Town of Clarence from taking such other lawful action as necessary to prevent or remedy an infraction.
F. 
Warning and disclaimer of liability. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This chapter does not imply that land outside the area of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the Town of Clarence, any officer or employee thereof or the Federal Emergency Management Agency for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.

§ 107-4 Administration.

A. 
Designation of local administrator. The Town Engineer and/or his designee is hereby appointed local administrator to administer and implement this chapter by granting or denying floodplain development permits in accordance with its provisions.
B. 
Floodplain development permit.
(1) 
Scope. A floodplain development permit is hereby established for all construction and other development to be undertaken in areas of special flood hazard. 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 § 107-3B, without a valid floodplain development permit.
(2) 
Process. Application for a permit shall be made on forms furnished by the local administrator and may require, when needed:
(a) 
A copy of the deed and Tax Map to the property, recorded on or before the date of the application.
(b) 
Three copies of the development plans, showing the location and nature of the development along with an elevation certificate, certified by a licensed professional engineer or land surveyor, certifying to the existing grade elevation.
(c) 
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 Zone AE. Upon completion of the lowest floor, the applicant shall submit to the local administrator the as-built elevation, certified by a licensed professional engineer or surveyor.
(d) 
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 applicant shall submit to the local administrator the as-built floodproofed elevation, certified by a professional engineer or surveyor.
(e) 
A certificate from a licensed professional engineer or architect that any utility floodproofing will meet the criteria in § 107-5B(3), Utilities.
(f) 
A certificate from a licensed professional engineer or architect that any nonresidential floodproofed structure will meet the floodproofing criteria in § 107-5D, Nonresidential structures.
(g) 
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 § 107-3B 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.
(h) 
A technical analysis by a licensed professional engineer, if required, which shows whether proposed development to be located in an area of special flood hazard may result in physical damage to any other property.
(3) 
Density floodway. When the applicant requests a floodplain development permit in the Black Creek density floodway, the following materials shall be provided to the applicant so as to enable the applicant to satisfy the above permit process:
(a) 
Information about construction in the floodplain and the density floodway.
(b) 
A copy of the current FIRM panel for the area in which development is proposed.
(c) 
A statement indicating maximum amount of allowable encroachment area.
(d) 
A copy of the density floodway regulations.
C. 
Fees.
[Amended 3-16-2016 by L.L. No. 1-2016]
(1) 
All applications for a floodplain development permit, including applications for floodplain development within the density floodway, shall be accompanied by an application fee. Application fees are as established by resolution of the Town Board. Such fees may therefore be amended from time to time by like resolution.
(2) 
Applications for a floodplain development permit for larger or nonresidential projects shall be charged on time expended by the local administrator and engineering consultants.
(3) 
Applicants are also responsible to pay any fees or other costs assessed by FEMA.
D. 
Duties and responsibilities of 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 § 107-4B, Floodplain development permit, and for compliance with the provisions and standards of this chapter.
(b) 
Review subdivision and other proposed new development, including mobile/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 § 107-5, Construction standards.
(c) 
Determine whether any proposed development in an area of special flood hazard may result in physical damage to any other property. 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 § 107-5, 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.
(e) 
Review all development permits for compliance with the provisions of § 107-5A(2), Encroachments.
(f) 
Review all development permit applications for projects located within the density floodway boundaries for compliance with the provisions of §§ 107-4B(2) and 107-5A(3), Density floodway development standards.
(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 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 as criteria for requiring that new construction, substantial improvements or other proposed development meets the requirements of this chapter.
(b) 
When base flood elevation data is not available, the local administrator may use flood information from any other authoritative source, such as historical data, to establish flood elevations within the areas of special flood hazard for the purposes of this chapter, or require elevation of the lowest floor to three feet above the highest adjacent grade.
(3) 
Alteration of watercourses. The local administrator shall:
(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 Director, Region II, Federal Emergency Management Agency.
(b) 
Determine and require 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. In Zone AE, upon placement of the lowest floor or completion of floodproofing of a new or substantially improved structure, the local administrator shall 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 mobile/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.
(5) 
Inspections. The local administrator and/or his designee, 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 § 107-3E of this chapter.
(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 chapter and/or the conditions of the development permit. Disregard of a stop-work order shall subject the violator to the penalties described in § 107-3E of this chapter.
(7) 
Certificate of compliance.
(a) 
In areas of special flood hazard, as determined by documents enumerated in § 107-3B, it shall be unlawful to occupy or to permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted or wholly or partly altered or enlarged in its use or structure until a certificate of compliance has been issued by the local administrator stating that the building or land conforms to the requirements of this chapter.
(b) 
A certificate of compliance shall be issued by the local administrator upon satisfactory completion of all other development in areas of special flood hazard.
(c) 
Issuance of the certificate shall be based upon the inspections conducted as prescribed in § 107-4D(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.
(a) 
The local administrator shall obtain, retain and make available for inspection copies of the following:
[1] 
Floodplain development permits and certificates of compliance.
[2] 
Certifications of actual as-built lowest floor elevations of all new or substantially improved structures required pursuant to § 107-4D(4) and whether or not the structure contains a basement, cellar or crawl space.
[3] 
Floodproofing certificates required pursuant to §§ 107-5C and 107-5D, and whether or not the structures contain a basement.
[4] 
Variances issued pursuant to § 107-6, Variance procedure.
[5] 
Notices required under § 107-4D(3), Alteration of watercourses.
[6] 
Base maps depicting approved fill for cross sections of the density floodplain.
(b) 
Within the density floodplain, the local administrator shall:
[1] 
Obtain and record on the density floodway base map the north-south length of contiguous fill for each individual lot or subdivision for all new or substantially improved structures within the density floodway boundaries.
[2] 
Maintain a cumulative record of the north-south contiguous length of fill within the cross sections of the density floodway.
[3] 
Track the pattern of development within the density floodway to assure that the conveyance of water will not be blocked.
[4] 
Cause the Town of Clarence to update the density floodway model when any section across the width of the density floodplain reaches 90% of its maximum allowable fill.

§ 107-5 Construction standards.

A. 
General standards. The following standards apply to all new development, including new and substantially improved structures, in the areas of special flood hazard shown on the Flood Insurance Rate Map designated in § 107-3B:
(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 mobile/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.
(c) 
Adequate drainage shall be provided to reduce exposure to flood damage.
(d) 
Base flood elevation data shall be provided for subdivision proposals and other proposed development, including proposals for mobile/manufactured home parks and subdivisions, greater than either 50 lots or occupying more than five acres, either wholly or partially within a special flood hazard area.
(e) 
Subdivision proposals for development within the density floodway shall meet the standards of this section and the standards set forth in § 107-5A(3).
(2) 
Encroachments.
(a) 
On streams with a regulatory floodway, as shown on the Flood Boundary and Floodway Map or the Flood Insurance Rate Map adopted in § 107-3B, 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 Town of Clarence 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 Town of Clarence for all fees and other costs in relation to the application. The applicant must also provide all data, analyses and mapping and reimburse the Town of Clarence for all costs related to the final map revisions.
(b) 
Within Zone AE, on streams without a regulatory floodway, the applicant shall demonstrate 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.
(3) 
Density floodway development standards. Density floodway standards shall apply to the special flood hazard area of the Black Creek identified on the FIRM as having special floodplain management regulations as follows:
(a) 
Minimum building lot size.
[1] 
Lot depth perpendicular to flow (east-west roads):
[a] 
Minimum frontage at right-of-way: 102 feet.
[b] 
Minimum depth from right-of-way: 570 feet.
[c] 
Minimum area: 1.33 acres.
[2] 
Lot depth parallel to flow (north-south roads):
[a] 
Minimum frontage at right-of-way: 340 feet.
[b] 
Minimum depth from right-of-way: 171 feet.
[c] 
Minimum area: 1.33 acres.
[3] 
Maximum setback from right-of-way on east-west and north-south roads: 100 feet.
(b) 
Substandard lots on north-south roads as of the effective date of this chapter.
[1] 
Substandard lots are undeveloped lots fronting on north-south roads within the Black Creek Density Floodway that have lot frontage less than 340 feet. The properties and substandard lots on each north-south road may be developed to their maximum potential in accordance with the following:
Street
Side
Minimum Allowable Frontage Divided
(feet)
Maximum Allowable Fill Per Lot in the North-South Direction
Berghorn Road
West
320
Greater of 102 feet or 33% of frontage
Goodrich Road
East
150
Greater of 102 feet or 30% of frontage
Goodrich Road
West
160
Greater of 102 feet or 45% of frontage
Kenfield Road
East
280
Greater of 102 feet or 30% of frontage
Kenfield Road
West
340
Greater of 102 feet or 30% of frontage
Northfield Road
East
340
Greater of 102 feet or 30% of frontage
Northfield Road
West
110
Greater of 102 feet or 75% of frontage
Salt Road
East
325
Greater of 102 feet or 33% of frontage
Salt Road
West
165
Greater of 102 feet or 40% of frontage
Transit Road
East
125
Greater of 102 feet or 71% of frontage
Westphalinger Road
East
180
Greater of 102 feet or 30% of frontage
Westphalinger Road
West
330
Greater of 102 feet or 29.5% of frontage
[2] 
Lots fronting on existing roads may fill to the greater of either 102 feet or the maximum percentage of lot width as determined in § 107-5A(3)(b).
[3] 
Lots fronting on existing north-south roads may have the minimum frontage further reduced if the depth of the lots is such that the setback for each structure can be staggered to such a degree that the fill will not be placed in a straight north-south direction.
[4] 
All properties not fronting on existing roads are to comply with the technical analysis limiting the length of fill in the north-south direction to 30% of the north-south lot dimension.
[5] 
If the above requirements cannot be met, a comprehensive hydraulic analysis shall be required to demonstrate that the base flood elevation will not increase by more than one foot if the remainder of the floodplain is developed to its maximum capacity under the outlined regulations.
(c) 
For homes constructed at/or within the maximum setback of 100 feet from the right- of-way on an existing road or an existing lot, the local administrator will allow a maximum of 30% fill in the north-south direction, or any less restrictive guidelines available to the local administrator.
(d) 
For homes constructed at more than the maximum setback of 100 feet from the right-of-way of an existing road, the contiguous length of fill in the north-south direction shall not exceed more than 30% of the north-south dimension of the existing lot.
(e) 
Where a building lot does not front on an existing road, the maximum allowable fill shall equal 30% of the perpendicular (north-south) dimension of the lot.
(f) 
For subdivision development, a comprehensive technical analysis shall be performed, which demonstrates that the overall conveyance through the site is not reduced by more than 30%.
(g) 
No additional fill beyond that authorized by Subsection A(3)(d) or (e) above shall be permitted unless a comprehensive technical analysis is performed by a licensed professional engineer to demonstrate that no net loss of conveyance will result.
(h) 
No fill shall be placed within the defined conveyance channel unless a comprehensive technical analysis is performed by a licensed professional engineer to demonstrate that no net loss of conveyance will result.
(i) 
Roads constructed within the density floodway shall be elevated such that the depth of flooding over the roadways will not prevent the passage of emergency vehicles. A comprehensive technical analysis shall be conducted for any new proposed roads which demonstrates no major impediment to conveyance and flow.
(j) 
The configuration or orientation of all development within each lot or parcel shall be such as to minimize the loss of effective conveyance from the entire reach of the density floodway.
(k) 
It is recommended that the configuration of all development within each lot or parcel shall be located as much as practicable on a higher area of the lot/parcel and oriented to provide the greatest overall floodplain conveyance. Rows of structures shall be parallel to the general flow of the flow channel to the greatest extent possible.
(l) 
Transfer of development rights may be employed within the density floodway.
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) 
New and substantially improved structures within Zone AE having enclosed areas below the lowest floor of a structure that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding shall be 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:
[1] 
A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding.
[2] 
The bottom of all such openings should be no higher than one foot above the lowest adjacent finished grade.
[3] 
Openings may be equipped with louvers, valves, screens or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters.
(3) 
Utilities.
(a) 
Machinery and equipment servicing a building must either be elevated to or above the base flood level or designed to prevent water from entering or accumulating within the components during a flood. This includes heating, ventilating and air-conditioning equipment, hot-water heaters, appliances, elevator lift machinery and electrical junction and circuit breaker boxes. When located below the base flood elevation, a professional engineer's or architect's certification of the design is required.
(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.
(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. In addition to the standards in § 107-5A(1), Subdivision proposals, and § 107-5A(2), Encroachments, and § 107-5B, Standards for all structures, within Zone AE, new construction and substantial improvements shall have the lowest floor, including basement, elevated to one foot above the base flood level.
(2) 
Basement exception.
(a) 
Within Zone AE, new construction and substantial improvements of any residential structure, together with attendant utility and sanitary facilities, shall either:
[1] 
Have the lowest floor, including basement or cellar, elevated to one foot above the base flood elevation; or
[2] 
Upon approval by FEMA of a basement exception policy for the Town of Clarence, be floodproofed so that the structure is watertight below one foot above the base flood level with walls substantially impermeable to the passage of water. The top of the floor of any basement area shall be no lower than five feet below the base flood elevation. The area surrounding the structure on all sides shall be filled to or above the base flood elevation with the fill compacted with slopes protected by vegetative cover. All structural components located below the base flood level must be capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy and be inspected by the Building Inspector, flood administrator and design professional engineer or architect to verify that the structure is built according to its design and those provisions of this section which are verifiable.
[Amended 7-26-2000 by L.L. No. 5-2000]
(b) 
If the structure is to be floodproofed, a licensed professional engineer or architect shall develop and/or review structural design, specifications and plans for construction. A floodproofing certificate or other certification shall be provided to the local administrator that certifies that the design and methods of construction are in accordance with accepted standards of practice for meeting the above provisions, including the specific elevation in relation to mean sea level, to which the structure is to be floodproofed.
D. 
Nonresidential structures. The following standards apply to new and substantially improved commercial, industrial and other nonresidential structures, in addition to the requirements in § 107-5A(1), Subdivision proposals, and § 107-5A(2), Encroachments, and § 107-5B, Standards for all structures.
(1) 
Within Zone AE, new construction and substantial improvements of any nonresidential structure, together with attendant utility and sanitary facilities, shall either:
(a) 
Have the lowest floor, including basement or cellar, elevated to one foot above the base flood elevation; or
(b) 
Be floodproofed so that the structure is watertight below one foot above the base flood level with walls substantially impermeable to the passage of water. The top of the floor of any basement area shall be no lower than five feet below the base flood elevation. The area surrounding the structure on all sides shall be filled to or above the base flood elevation with the fill compacted with slopes protected by vegetative cover. All structural components located below the base flood level must be capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy.
(2) 
If the structure is to be floodproofed, a licensed professional engineer or architect shall develop and/or review structural design, specifications and plans for construction. A floodproofing certificate or other certification shall be provided to the local administrator that certifies that the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions, including the specific elevation in relation to mean sea level, to which the structure is to be floodproofed.
E. 
Mobile/manufactured homes and recreational vehicles. The following standards in addition to the standards in § 107-5A, General standards, and § 107-5B, Standards for all structures, apply, as indicated, in areas of special flood hazard to mobile/manufactured homes and to recreational vehicles which are located in areas of special flood hazard:
(1) 
Recreational vehicles placed on sites within Zone AE shall:
(a) 
Be on site fewer than 180 consecutive days;
(b) 
Be fully licensed and ready for highway use (A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect-type utilities and security devices and has no permanently attached additions.); or
(c) 
Meet the requirements for mobile/manufactured homes in § 107-5E(2), (4) and (5).
(2) 
A mobile/manufactured home that is placed or substantially improved in Zone AE that is on a site outside of an existing mobile/manufactured home park or subdivision as herein defined, in a new mobile/manufactured home park or subdivision as herein defined, in an expansion to an existing mobile/manufactured home park or subdivision as herein defined or in an existing mobile/manufactured home park or subdivision as herein defined on which a mobile/manufactured home has incurred substantial damage as the result of a flood shall be elevated on a permanent foundation such that the lowest floor is elevated to or above the base flood elevation and is securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement. Elevation on piers consisting of dry stacked blocks is prohibited. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors.
(3) 
A mobile/manufactured home to be placed or substantially improved in Zone AE in an existing mobile/manufactured home park or subdivision that is not to be placed on a site on which a mobile/manufactured home has incurred substantial damage shall be:
(a) 
Elevated in a manner such as required in § 107-5E(2); or
(b) 
Elevated such that the mobile/manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above the lowest adjacent grade and are securely anchored to an adequately anchored foundation system to resist flotation, collapse or lateral movement. Elevation on piers consisting of dry stacked blocks is prohibited.

§ 107-6 Variance procedure.

A. 
Appeals board.
(1) 
The Zoning Board of Appeals, as established by the Town of Clarence, shall hear and decide appeals and requests for variances from the requirements of this chapter.
(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 chapter.
(3) 
Those aggrieved by the decision of the Zoning Board of Appeals may appeal such decision to the New York State 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 and standards specified in this chapter and:
(a) 
The susceptibility of the proposed development and its contents to flood damage.
(b) 
The compatibility of the proposed use with existing and anticipated development.
(c) 
The relationship of the proposed use to the comprehensive plan and floodplain management program of the area.
(d) 
The availability of access to the property in times of flood for ordinary and emergency vehicles.
(e) 
The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters expected at the site.
(f) 
The costs of providing maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems and streets and bridges during and after flood conditions.
(5) 
Upon consideration of the above factors and the purposes of this chapter, the Zoning Board of Appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
(6) 
The local administrator shall maintain the records of all appeals, including technical information.
B. 
Conditions for variances.
(1) 
Variances may be issued for the repair or rehabilitation of historic structures upon determination that:
(a) 
The proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure.
(b) 
The variance is the minimum necessary to preserve the historic character and design of the structure.
(2) 
Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
(3) 
Variances shall only be issued upon a determination that the variance is the minimum necessary to afford relief.
(4) 
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.
(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.
(d) 
The Town shall notify variance applicants in writing, signed by a designated community official, that the issuance of a variance to construct below the base flood elevation will result in substantially increased flood insurance premium rates and that construction below the base flood elevation increases risks to life and property.