The Town Board finds that potential and/or actual damages from
flooding and erosion may be a problem to the residents of the Town.
Such damages may include destruction or loss of private and public
housing, damage to both publicly and privately owned facilities and
injury to and loss of human life. In order to minimize the threat
of such damages and to achieve the purposes and objectives hereinafter
set forth, these Flood Damage Prevention EPOD regulations are enacted.
It is the purpose of this article to promote the public health,
safety and general welfare and to minimize public and private losses
due to flood conditions in specific areas by provisions that are designed
to:
A. Regulate uses which are dangerous to health, safety and property
due to water or erosion hazards or which result in damaging increases
in erosion or in flood heights or velocities.
B. Require that uses vulnerable to floods, including facilities which
serve such uses, be protected against flood damage at the time of
initial construction.
C. Control the alteration of natural floodplains, stream channels and
natural protective barriers which are involved in the accommodation
of floodwaters.
D. Control filling, grading, dredging and other development which may
increase erosion and flood damages.
E. Regulate the construction of flood barriers which will unnaturally
divert floodwaters or which may increase flood hazards to other lands.
F. Qualify for and maintain properties in the Town for participation
in the National Flood Insurance Program.
The objectives of the Flood Damage Prevention EPOD are to:
A. Protect human life and health.
B. Minimize expenditure of public money for costly flood control projects.
C. Minimize the need for rescue and relief efforts associated with flooding
and generally undertaken at the expense of the general public.
D. Minimize prolonged business interruptions.
E. Minimize damage to public facilities and utilities such as water
and gas mains, electric, telephone, sewer lines, streets and bridges
located in areas of special flood hazard.
F. Help maintain a stable tax base by providing for the sound use and
development of areas of special flood hazard so as to minimize future
flood blight areas.
G. Provide that developers are notified that property is in an area
of special flood hazard.
H. Ensure that those who occupy the areas of special flood hazard assume
responsibility for their actions.
Unless specifically defined below, words or phrases used in this article shall be interpreted so as to give them the meaning they have in common usage and to give this article its most reasonable application. See Chapter
5, Definitions and Word Usage, for additional definitions applicable to these provisions.
APPEAL
A request for a review of the CEO's interpretation of
any provision of this article or a request for a variance.
AREA OF SHALLOW FLOODING
A designated AO, AH or VO Zone on the Flood Insurance Rate
Map (FIRM) with a one-percent or greater annual chance of flooding
to an average annual depth of one foot to three feet where a clearly
defined channel does not exist, where the path of flooding is unpredictable
and where velocity flow may be evident. Such flooding is characterized
by ponding or sheet flow.
AREA OF SPECIAL FLOOD HAZARD
The land in the floodplain within the Town subject to a one-percent
or greater chance of flooding in any given year. This area may be
designated as Zone A, AE, AH, AO, A1-A30, A99, V, VO, VE, or V1-V30.
It is also commonly referred to as the "base floodplain" or "one-hundred-year
floodplain." For purposes of this article, the term "special flood
hazard area (SFHA)" is synonymous in meaning with the phrase "area
of special flood hazard."
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.
CELLAR
Has the same meaning as "basement."
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.
DEVELOPMENT
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.
ELEVATED BUILDING
A non-basement building (i) built, in the case of a building
in Zone A1-A30, AE, A, A99, AO, AH, B, C, X, or D, to have the top
of the elevated floor, or in the case of a building in Zone V1-V30,
VE, or V to have the bottom of the lowest horizontal structure member
of the elevated floor, elevated above the ground level by means of
pilings, columns (posts and piers), or shear walls parallel to the
flow of the water and (ii) adequately anchored so as not to impair
the structural integrity of the building during a flood of up to the
magnitude of the base flood. In the case of Zone A1-A30, AE, A, A99,
AO, AH, B, C, X, or D, "elevated building" also includes a building
elevated by means of fill or solid foundation perimeter walls with
openings sufficient to facilitate the unimpeded movement of floodwaters.
In the case of Zone V1-V30, VE, or V, "elevated building" also includes
a building otherwise meeting the definition of "elevated building,"
even though the lower area is enclosed by means of breakaway walls
that meet the federal standards.
FLOOD BOUNDARY AND FLOODWAY MAP (FBFM)
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
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 or FLOODING
A.
A general and temporary condition of partial or complete inundation
of normally dry land areas from:
(1)
The overflow of inland or tidal waters.
(2)
The unusual and rapid accumulation or runoff of surface waters
from any source.
B.
"Flood" or "flooding" also means the collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as a flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in Subsection
A above.
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
Has the same meaning as "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 on 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 Code Enforcement Officer; the person appointed by the
Town to administer and implement this article 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 article.
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.
MEAN SEA LEVEL
For purposes of the National Flood Insurance Program, the
National Geodetic Vertical Datum (NGVD) of 1929, the North American
Vertical Datum of 1988 (NAVD 88), or other datum to which base flood
elevations shown on a community's Flood Insurance Rate Map are
referenced.
NEW CONSTRUCTION
Structures for which the start of construction commenced
on or after the effective date of a floodplain management regulation
adopted by the community and includes any subsequent improvements
to such structure.
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; and
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 river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height as determined by the Federal Emergency Management Agency in a Flood Insurance Study or by other agencies as provided in §
138-44B.
START OF CONSTRUCTION
The date of permit issuance for new construction and substantial
improvements to existing structures, provided that the actual start
of construction, repair, reconstruction, rehabilitation, addition
placement, or other improvement is within 180 days after the date
of issuance. The actual start of construction means the first placement
of permanent construction of a building (including a manufactured
home) on a site, such as the pouring of a slab or footings, installation
of pilings or construction of columns. Permanent construction does
not include land preparation (such as clearing, excavation, grading,
or filling), or the installation of streets or walkways, or excavation
for a basement, footings, piers or foundations, or the erection of
temporary forms, or the installation of accessory buildings such as
garages or sheds not occupied as dwelling units or not part of the
main building. For a substantial improvement, the actual start of
construction means the first alteration of any wall, ceiling, floor,
or other structural part of a building, whether or not that alteration
affects the external dimensions of the building.
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 an historic structure, provided that the alteration
will not preclude the structure's continued designation as an
historic structure.
The CEO is hereby appointed local administrator to administer
and implement this article by granting or denying Flood Damage Prevention
EPOD development permits in accordance with these provisions.
Duties of the CEO shall include but not be limited to the following:
A. Permit application review. The CEO shall conduct the following permit
application review before issuing a Flood Damage Prevention EPOD development
permit:
(1) Review all applications for completeness, particularly with the requirements of §
138-43, Development permits, and for compliance with the provisions and standards set forth in this article.
(2) Review subdivision and other proposed new development, including manufactured home parks, to determine whether proposed building sites will be reasonably safe from flooding. If a proposed building site is located in an area of special flood hazard, all new construction and substantial improvements shall meet the applicable standards for §
138-45, Construction standards, and, in particular, §
138-45A, Subdivision proposals.
(3) Determine whether any proposed development in an area of special flood hazard may result in physical damage to any other property (e.g., stream bank erosion and increased flood velocities). The CEO may require the applicant to submit additional technical analyses and data necessary to complete the application. If the proposed development may result in physical damage to any other property or fails to meet the requirements of §
138-45, 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.
(4) Determine that all necessary permits have been received from those
governmental agencies from which approval is required by state or
federal law.
B. Use of other flood data.
(1) When FEMA has designated areas of special flood hazard on the community's Flood Insurance Rate Map (FIRM) but has neither produced water surface elevation data (these areas are designated Zone A or V on the FIRM) nor identified a floodway, the CEO shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, including data developed pursuant to §
138-43C(7), as criteria for requiring that new construction, substantial improvements or other proposed development meets the requirements of this article.
(2) When base flood elevation data are not available, the CEO may use
flood information from any other authoritative source, such as historical
data, to establish flood elevations within the areas of special flood
hazard for the purposes of this article.
C. Alteration of watercourses.
(1) The CEO shall 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, FEMA.
(2) The CEO shall determine that the permit holder has provided for maintenance
within the altered or relocated portion of said watercourse so that
the flood-carrying capacity is not diminished.
D. Construction stage.
(1) In Zones A1-A30, AE and AH, and also Zone A if base flood elevation
data are available, upon placement of the lowest floor or completion
of floodproofing of a new or substantially improved structure, the
CEO 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 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).
(2) Any further work undertaken prior to submission and approval of the
certification shall be at the permit holder's risk. The CEO shall
review all data submitted. Deficiencies detected shall be cause to
issue a stop-work order for the project unless immediately corrected.
E. Inspections. The CEO and/or the developer's engineer or architect
shall make periodic inspections at appropriate times throughout the
period of construction in order to monitor compliance with permit
conditions and enable said inspector to certify, if requested, that
the development is in compliance with the requirements of the floodplain
development permit and/or any variance provisions.
F. Stop-work orders.
(1) The CEO shall issue, or cause to be issued, a stop-work order for any Flood Damage Prevention EPOD development found ongoing without said permit. Disregard of a stop-work order shall subject the violator to the penalties set forth in §
138-41D.
(2) The CEO shall issue, or cause to be issued, a stop-work order for any floodplain development found noncompliant with the provisions of this article and/or the conditions of the development permit. Disregard of a stop-work order shall subject the violator to the penalties set forth in §
138-41D.
G. Certificate of compliance.
(1) In areas of special flood hazard, as determined by documents enumerated in §
138-41B, 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 for the Flood Damage Prevention EPOD development has been issued by the CEO stating that the building and/or land conforms to the requirements of this article.
(2) A certificate of compliance shall be issued by the CEO upon satisfactory
completion of all development in areas of special flood hazard.
(3) Issuance of the certificate shall be based upon the inspections conducted as prescribed in Subsection
E, 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.
H. Information to be retained. The CEO shall retain and make available
for inspection copies of the following:
(1) Floodplain development permits and certificates of compliance.
(2) Certifications of as-built lowest floor elevations of structures, required pursuant to Subsection
D(1) and
(2), and whether or not the structures contain a basement.
(3) Floodproofing certificates required pursuant to Subsection
D(1), and whether or not the structures contain a basement.
(4) Variances issued pursuant to §
138-52, Variance procedures.
(5) Notices required under Subsection
C, Alteration of watercourses.
The following standards apply to new development, including new and substantially improved structures, in the areas of special flood hazard shown on the Flood Insurance Rate Map designated in §
138-41B.
A. Subdivision proposals. The following standards apply to all new subdivision
proposals and other proposed development in areas of special flood
hazard (including proposals for manufactured home and recreational
vehicle parks and subdivisions):
(1) Proposals shall be consistent with the need to minimize flood damage.
(2) Public utilities and facilities such as sewer, gas, electrical and
water systems shall be located and constructed so as to minimize flood
damage.
(3) Adequate drainage shall be provided to reduce exposure to flood damage.
B. Encroachments.
(1) Within Zones A1-A30 and AE, on streams without a regulatory floodway,
no new construction, substantial improvements or other development
(including fill) shall be permitted unless:
(a)
The applicant demonstrates that the cumulative effect of the
proposed development, when combined with all other existing and anticipated
development, will not increase the water surface elevation of the
base flood more than one foot at any location; or
(b)
The Town agrees to apply to FEMA for a conditional FIRM revision,
FEMA approval is received and the applicant provides all necessary
data, analyses and mapping and reimburses the Town 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 for
all costs related to the final map revision.
(2) On streams with a regulatory floodway, as shown on the Flood Boundary and Floodway Map or the Flood Insurance Rate Map adopted in §
138-41B, no new construction, substantial improvements or other development (including fill) shall be permitted unless:
(a)
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
(b)
The Town agrees to apply to 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 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 Mendon for all costs related to the final map revisions.
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.
The following standards, in addition to the standards in §
138-45A, Subdivision proposals, §
138-45B, Encroachments, and §
138-46, Anchoring, apply to structures located in areas of special flood hazard as indicated:
A. Within Zones A1-A30, AE and AH, and also Zone A if base flood elevation
data are available, new construction and substantial improvements
shall have the lowest floor (including basement) elevated to or above
two feet above the base flood level.
B. Within Zone A, when no base flood elevation data are available, new
and substantially improved structures shall have the lowest floor
(including basement) elevated at least three feet above the highest
adjacent grade.
C. Within Zone AO, new and substantially improved structures shall have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as two feet above the depth number specified in feet on the community's Flood Insurance Rate Map enumerated in §
138-41B above (at least two feet if no depth number is specified).
D. Within Zones AH and AO, adequate drainage paths are required to guide
floodwaters around and away from proposed structures on slopes.
The following standards apply to new and substantially improved commercial, industrial and other nonresidential structures, in addition to the requirements in §
138-45A, Subdivision proposals, §
138-45B, Encroachments, and §
138-46, Anchoring:
A. Within Zones A1-A30, AE and AH, and also Zone A if base flood elevation
data are available, new construction and substantial improvements
of any nonresidential structure, together with attendant utility and
sanitary facilities, shall either:
(1) Have the lowest floor, including basement or cellar, elevated to
or above two feet above the base flood elevation; or
(2) Be floodproofed so that the structure is watertight below two feet
above the base flood elevation, with walls substantially impermeable
to the passage of water. All structural components located below the
base flood level must be capable of resisting hydrostatic and hydrodynamic
loads and effects of buoyancy.
B. Within Zone AO, new construction and substantial improvements of
nonresidential structures shall:
(1) Have the lowest floor (including basement) elevated above the highest
adjacent grade at least as high as two feet above the depth number
specified in feet on the community's FIRM (at least two feet
if no depth number is specified); or
(2) Together with attendant utility and sanitary facilities, be completely floodproofed to that level to meet the floodproofing standard specified in Subsection
A(2).
C. 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 by the CEO that certifies the design methods for construction are in accordance with accepted standards of practice for meeting the provisions of Subsection
A(2), including the specific elevation (in relation to mean sea level) to which the structure is to be floodproofed.
D. Within Zones AH and AO, adequate drainage paths are required to guide
floodwaters around and away from proposed structures on slopes.
E. Within Zone A, when no base flood elevation data are available, the
lowest floor (including basement) shall be elevated at least three
feet above the highest adjacent grade.