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 § 131-7.
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; and
(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 of Delaware agrees to apply to the Federal Emergency
Management Agency (FEMA) for a conditional FIRM revision, FEMA approval
is received, and the applicant provides all necessary data, analyses
and mapping and reimburses the Town of Delaware 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 Delaware
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 § 131-7, no new construction, substantial improvements or other development in the floodway (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 of Delaware 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 Delaware 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 Delaware for all costs related to the final map revisions.
(3)
Whenever any portion of a floodplain is authorized for development,
the volume of space occupied by the authorized fill or structure below
the base flood elevation shall be compensated for and balanced by
a hydraulically equivalent volume of excavation taken from below the
base flood elevation at or adjacent to the development site. All such
excavations shall be constructed to drain freely to the watercourse.
No area below the waterline of a pond or other body of water can be
credited as a compensating excavation.
A.
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.
B.
Construction materials and methods.
(1)
New construction and substantial improvements to structures shall
be constructed with materials and utility equipment resistant to flood
damage.
(2)
New construction and substantial improvements to structures shall
be constructed using methods and practices that minimize flood damage.
(3)
For enclosed areas below the lowest floor of a structure within Zone
A1-A30, AE or AH, and also Zone A if base flood elevation data is
available, new and substantially improved structures shall have fully
enclosed areas below the lowest floor 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 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:
(a)
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; and
(b)
The bottom of all such openings no higher than one foot above
the lowest adjacent finished grade.
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Openings may be equipped with louvers, valves, screens or other
coverings or devices, provided they permit the automatic entry and
exit of floodwaters. Enclosed areas subgrade on all sides are considered
basements and are not permitted.
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C.
Utilities.
(1)
New and replacement electrical equipment, heating, ventilating, air-conditioning,
plumbing connections, and other service equipment shall be located
at least two feet above the base flood elevation or be designed to
prevent water from entering and accumulating within the components
during a flood and to resist hydrostatic and hydrodynamic loads and
stresses. Electrical wiring and outlets, switches, junction boxes
and panels shall also be elevated or designed to prevent water from
entering and accumulating within the components, unless they conform
to the appropriate provisions of the electrical part of the Building
Code of New York State or the Residential Code of New York State for
location of such items in wet locations;
(2)
New and replacement water supply systems shall be designed to minimize
or eliminate infiltration of floodwaters into the system;
(3)
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; and
(4)
On-site waste disposal systems shall be located to avoid impairment
to them or contamination from them during flooding.
Elevation. The following standards apply to new and substantially improved residential structures located in areas of special flood hazard in addition to the requirements in § 131-15A, Subdivision proposals, and § 131-15B, Encroachments, and § 131-16, Standards for all structures.
A.
Within Zones A1-A30, AE and AH, and also Zone A if base flood elevation
data is available, new construction and substantial improvements shall
have the lowest floor (including basement) elevated to or above two
feet above the base flood elevation.
B.
Within Zone A, when no base flood elevation data is available, new
construction and substantial improvements shall have the lowest floor
(including basement) elevated at least three feet above the highest
adjacent grade.
C.
Within Zone AO, new construction and substantial improvements 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 § 131-7 (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 located in areas of special flood hazard in addition to the requirements in § 131-15A, Subdivision proposals, and § 131-15B, Encroachments, and § 131-16, Standards for all structures.
A.
Within Zones A1-A30, AE and AH, and also Zone A if base flood elevation
data is available, new construction and substantial improvements of
any nonresidential structure 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, including attendant utility and sanitary
facilities, 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
the 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
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 to the local administrator that certifies the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions of § 131-18A(1), 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 is available, the
lowest floor (including basement) shall be elevated at least three
feet above the highest adjacent grade.
The following standards in addition to the standards in § 131-15, General standards, and § 131-16, Standards for all structures, apply, as indicated, in areas of special flood hazard to manufactured homes and to recreational vehicles which are located in areas of special flood hazard.
A.
B.
A manufactured home that is placed or substantially improved in Zones
A1-A30, AE and AH shall be elevated on a permanent foundation such
that the lowest floor is elevated to or above two feet above the base
flood elevation and is securely anchored to an adequately anchored
foundation system to resist flotation, collapse and lateral movement.
C.
Within Zone A, when no base flood elevation data is available, new
and substantially improved manufactured homes shall be elevated such
that the 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 grade and are securely
anchored to an adequately anchored foundation system to resist flotation,
collapse or lateral movement.
In order to prevent potential flood damage to certain facilities
that would result in serious danger to life and health or widespread
social or economic dislocation, no new critical facility shall be
located within any area of special flood hazard, or within any five-hundred-year
flood zone shown as a B Zone or a shaded X Zone on the community's
Flood Insurance Rate Maps.
