[HISTORY: Adopted by the City Council of the City of Troy 3-6-1980;
amended 2-5-1987; 9-3-1987(Ch. 12 1/2
of the 1973 Code). Subsequent amendments noted where applicable.]
It is the intent of this chapter to promote the public health, safety
and general welfare, and to minimize public and private losses due to flood
conditions in areas of special flood hazard by provisions designed:
A.
To protect human life and health;
B.
To minimize expenditure of public money for costly flood
control projects;
C.
To minimize the need for rescue and relief efforts associated
with flooding and generally undertaken at the expense of the general public;
D.
To minimize prolonged business interruptions;
E.
To minimize damage to public facilities such as water
and gas mains, electric, telephone and sewer lines, streets and bridges located
in areas of special flood hazard;
F.
To help maintain a stable tax base by providing for the
second use and development of areas of special flood hazard so as to minimize
future flood blight areas;
G.
To ensure that potential buyers are notified that property
is in an area of special flood hazard; and
H.
To ensure that those who occupy the areas of special
flood hazard assume responsibility for their actions.
A.
The areas of special flood hazard identified by the Federal
Insurance Administration in a scientific and engineering report entitled "The
Flood Insurance Study for the City of Troy, New York," dated January 30, 1979,
with accompanying flood insurance rate maps and flood boundary-floodway maps,
is hereby adopted and declared to be a part of this chapter. The flood insurance
study is on file in the office of the Department of Planning and Community
Development.
B.
The areas of special flood hazard shall be the areas
shown and bounded as the areas of special flood hazards within the jurisdiction
of the City as identified on a map entitled "Flood Boundary and Floodway Maps"
of the City of Troy, New York, to be made effective on the date of adoption
of this chapter by action of the City Council.
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:
A request for a review of an interpretation by the Director of Code
Enforcement of any provision of this chapter or a request for a variance.
A designated AO Zone on the flood insurance rate map (FIRM). The
base flood depths range from one to three feet, a clearly defined channel
does not exist, the path of flooding is unpredictable and indeterminate, and
velocity flow may be evident.
The land in the floodplain within a community subject to one-percent
or greater chance of flooding in any given year and designated as Zone A and
A(1-30) on FIRM. It is also commonly referred to as the "base floodplain"
or "one-hundred-year floodplain".
The flood having one-percent chance of being equalled or exceeded
in any given year.
That portion of a building having its floor subgrade (below ground
level) on all sides.
Any man-made change to improved or unimproved real estate, including
but not limited to buildings or other structures, mining, dredging, filling,
grading, paving, excavation or drilling operations located within the area
of special flood hazard.
A nonbasement building built to have the lowest floor elevated above
the ground level by means of fill, solid foundation perimeter walls, pilings,
columns (posts and piers) or shear walls.
A general and temporary condition of partial or complete inundation
of normally dry land areas from the overflow of inland or tidal waters and/or
the unusual and rapid accumulation of runoff of surface water from any source.
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.
The official map on which the Federal Insurance Administration has
delineated both the areas of special flood hazards and the risk premium zones
applicable to the community.
The official report provided in which the Federal Insurance Administration
has provided flood profiles, as well as the flood boundary-floodway map and
the water surface elevation of the base flood.
Any combination of structural and nonstructural additions, changes
or adjustment to structures which reduces or eliminates flood damage to real
estate or improved real property, water and sanitary facilities, structures
and their contents.
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 one foot.
A use which cannot perform its intended purpose unless it it located
or carried out in close proximity to water, such as docking or port facilities
necessary for the loading and unloading of cargo or passengers, shipbuilding,
and ship repair. The term does not include long-term storage, manufacture,
sales or service facilities.
The highest natural elevation of the ground surface, prior to construction,
next to the proposed walls of a structure.
The lowest floor of the lowest enclosed area (including basement).
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.
A structure, transportable in one or more sections, which is built
on a permanent chassis and is designed for use with or without a permanent
foundation when connected to the required utilities. For floodplain management
purposes, the term "manufactured home" also includes park trailers, travel
trailers, and other similar vehicles placed on a site for greater than 180
consecutive days. For insurance purposes, the term "manufactured home" does
not include park trailers, travel trailers and other similar vehicles.
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 or other datum, to which base flood
elevations shown on a community's flood insurance rate map are referenced.
Structures for which the start of construction commenced on or after
the effective date of this chapter (March 16, 1980).
That at least 51% of the actual cash value of the structure excluding
land value, is above ground.
Has the same meaning as "floodway."
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 manufactured homes, the "actual start" means affixing
of the manufactured home to its permanent site.
A walled and roofed building, a manufactured home or a gas or liquid
storage tank, that is principally above ground.
Any repair, reconstruction or improvement of a structure the cost
of which equals or exceeds 50% of the market value of the structure either
before the improvement or repair is started or, if the structure has been
damaged and is being restored, before the damage occurred. For the purposes
of this definition, "substantial improvement" is considered to occur when
the first alteration of any wall, ceiling, floor or other structural part
of the building commences, whether or not that alteration affects the external
dimensions of the structure. The term does not, however, include either any
project for improvement of a structure to comply with existing state or local
health, sanitary or safety code specifications which are solely necessary
to assure safe living conditions, or any alteration of a structure listed
on the National Register of Historic Places or a state inventory of historic
places.
A grant of relief from the requirements of this chapter which permits
construction in a manner that would otherwise be prohibited by this chapter.
In the area of special flood hazard, the following general standards
shall apply:
A.
Anchoring.
(1)
All new construction and substantial improvements shall
be anchored to prevent flotation, collapse or lateral movement of the structure.
(2)
All manufactured homes shall be elevated and anchored
to resist flotation, collapse or lateral movement by providing over-the-top
or from ties to ground anchors. This requirement is in addition to applicable
state and local anchoring requirements for resisting wind forces. Special
requirements shall be that:
(a)
Over-the-top ties be provided at each of the four corners
of the manufactured home, with two additional tiers per side at intermediate
locations, with manufactured homes less than 50 feet long requiring one additional
tie per side;
(b)
Frame ties be provided at each corner of the home with
five additional ties per side at intermediate points, with manufactured homes
less than 50 feet long requiring four additional ties per side;
(c)
All components of the anchoring system be capable of
carrying a force of 4,800 pounds;
(d)
Any additions to the manufactured home be similarly anchored;
and
(e)
A manufactured home shall be elevated to at least six
inches above the base flood level and anchored to the elevated foundation
in accordance with Federal Emergency Management Agency manual (FEMA 85), Manufactured
Home Installation in Flood Hazard Areas, published in September 1985.
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.
(3)
For all new construction and substantial improvements,
fully enclosed areas below the lowest floor that are subject to flooding shall
be designated 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 registered professional engineer
or architect or must meet or exceed the following minimum criteria: 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 shall be provided.
The bottom of all openings shall be no higher than one foot above grade. Openings
may be equipped with screens, louvers or other coverings or devices, provided
that they permit the automatic entry and exit of floodwaters.
C.
Utilities.
(1)
All new and replacement water supply systems shall be
designed to minimize or eliminate the infiltration of floodwaters into the
system.
(2)
New and replacement sanitary sewage systems shall be
designed to minimize or eliminate infiltration of floodwaters into the systems
and discharge from the systems into floodwaters;
(3)
On-site waste disposal systems shall be located to avoid
impairment to them or contamination from them during flooding; and
(4)
Electrical, heating, ventilation, plumbing and air conditioning
equipment and other service facilities shall be designed and/or located so
as to prevent water from entering or accumulating within the components during
conditions of 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 gas, sewer, 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 by the subdivider, as well as for other proposed development which
contains 50 lots or five acres, whichever is less.
E.
Residential construction. New construction and substantial
improvement of any residential structure shall have the lowest floor, including
basement, elevated to at least six inches above base flood elevation.
F.
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 at least
six inches above the level of the base flood elevation or, together with attendant
utility and sanitary facilities, shall:
(1)
Be floodproofed so that less than six inches above 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; and
(3)
Be certified by a registered professional engineer or
architect who shall develop and/or review structural design, specifications,
and plans for the construction, and shall certify that the design and methods
of construction are in accordance with accepted standards of this chapter,
and a record of such certificate which includes the specific elevation (in
relation to mean sea level) to which such structures are floodproofed shall
be maintained. Such certificates shall be provided to the City Engineer or
his/her designee.
G.
Manufactured homes. All manufactured homes to be placed or substantially improved within Zones A1-30 shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is at least six inches above the base flood elevation and be securely anchored to an adequately anchored foundation system in accordance with Subsection A of this section.
H.
Floodways. Since floodways are extremely hazardous areas
due to the velocity of floodwaters which carry debris, potential projectiles
and erosion potential, the following provisions shall apply:
(1)
Encroachments, including fill, new construction, substantial
improvements and other developments, shall be prohibited unless a technical
evaluation demonstrates that encroachments shall not result in any increase
in flood levels during the occurrence of the base flood discharge.
(2)
If the technical evaluation demonstrates that encroachments
will not result in any increase in flood levels during the occurrence of the
base flood discharge, all new construction and substantial improvements shall
comply with the provisions of this section.
A.
Designation of the enforcement officer. The Director
of Code Enforcement is hereby appointed to administer and implement this chapter
by granting or denying building permit applications in accordance with its
provisions.
B.
Duties and Responsibilities of the enforcement officer.
Duties of the Director of Code Enforcement shall include but shall not be
limited to:
(1)
Issuance of permit. Ensuring that all actions in the
floodplain involving development have permits issued by the City prior to
starting.
(2)
Permit application review.
(a)
Review all applications for development to determine
that the requirements of this chapter have been satisfied. In his/her review,
the City Engineer or his/her designee shall ensure that the following information
be included in the application:
[1]
Elevation in relation to mean sea level of the lowest
floor, including basement, of all structures;
[2]
Elevation in relation to mean sea level to which any
structure has been floodproofed;
[3]
Certification by a registered professional engineer or
architect that the floodproofing methods for any nonresidential structure
meet the floodproofing standards as set forth in this chapter;
[4]
Description of the extent to which any watercourse will
be altered or relocated as a result of proposed development.
(b)
Review all applications for development to determine
that all necessary permits have been obtained from those federal, state or
local governmental agencies from which prior approval is required.
(3)
Information to be obtained and maintained.
(a)
Obtain and record the actual elevation, in relation to
mean sea level, of the lowest habitable floor, including basement, of all
new or substantially improved structures, and whether or not the structure
contains a basement.
(b)
For all new or substantially improved floodproofed structures,
verify and record the actual elevation in relation to mean sea level.
(c)
For all new or substantially improved floodproofed structures,
maintain the floodproofing certifications required.
(d)
Maintain for public inspection all records pertaining
to the provisions of this chapter.
(e)
Obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, including data obtained in § 158-4D(4), as criteria for requiring that new construction, substantial improvements, or other development in Zone A shall comply with all provisions of this chapter.
(4)
Alterations of watercourses.
(a)
Notify adjacent communities and the state coordinating
office prior to any alteration or relocation of a watercourse and submit evidence
of such notification to the Federal Insurance Administration.
(b)
Require that maintenance is provided within the altered
or relocated portions of said watercourse so that the flood-carrying capacity
is not diminished.
(5)
Interpretation of boundaries. Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as outlined in § 158-6.
A.
The Zoning Board of Appeals of the City shall hear and
decide appeals and requests for variances from the requirements of this chapter.
B.
The Zoning Board of Appeals shall hear and decide appeals
when it is alleged there is an error in any requirement, decision or determination
made by the Director of Code Enforcement in the enforcement or administration
of this chapter and:
C.
In passing upon such applications, the Zoning Board of
Appeals shall consider all technical evaluations, all relevant factors, and
standards specified in other sections of this chapter and:
(1)
The danger that materials may be swept onto other lands
to the injury of others;
(2)
The danger to life and property due to flooding or erosion
damage;
(3)
The susceptibility of the proposed facility and its contents
to flood damage and the effect of such damage on the individual owner;
(4)
The importance of the services provided by the proposed
facility to the community;
(5)
The necessity to the facility of a waterfront location,
where applicable;
(6)
The availability of alternative locations for the proposed
use which are not subject to flooding or erosion damage;
(7)
The compatibility of the proposed use with existing and
anticipated development;
(8)
The relationship of the proposed use to the comprehensive
plan and floodplain management program of that area;
(9)
The safety of access to the property in times of flood
for ordinary and emergency vehicles;
(10)
The 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
(11)
The costs of providing governmental services during and
after flood conditions, including maintenance and repair of public utilities
and facilities such as sewer, gas, electrical, and water systems, and streets
and bridges.
D.
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 (1) through (11) in Subsection C have been fully considered. As the lot size increases beyond 1/2 acre, the technical justification required for issuing the variance increases.
(2)
Variances may be issued for the reconstruction, rehabilitation
or restoration of structures listed on the National Register of Historic Places
or the state inventory of historic places, without regard to the procedures
set forth in the remainder of this section.
(3)
Variances may be issued 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:
(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
or extraordinary public expense; create nuisances; cause fraud on or victimization
of the public; or conflict with existing local laws or ordinances.
(7)
Upon consideration of the factors 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.
(8)
Any applicant to whom a variance is granted shall be
given written notice that the structure will be permitted to be built with
a lowest floor elevation less than six inches above the base flood elevation
and that the cost of flood insurance will be commensurate with the increased
risk resulting from the reduced lowest floor elevation.
Failure to comply with any of the provisions of this chapter shall be
deemed a violation, and the violator shall be liable to a fine of not more
than $250 or imprisonment of not more than 15 days, or both, and each day
such violation continues shall constitute a separate violation.
