[HISTORY: Adopted by the Town Board of the Town of Milo 10-27-1997 by L.L. No. 2-1997 (Ch. 90 of the 1997 Code). Amendments noted where applicable.]
The Town Board of the Town of Milo finds that the potential
and/or actual damages from flooding and erosion may be a problem to
the residents of the Town of Milo and that such damages may include
destruction or loss of private and public housing; damage to public
facilities, both publicly and privately owned; 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, this
chapter is adopted.
It is the purpose of this chapter 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 designed to:
A.Â
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.Â
Require that uses vulnerable to floods, including facilities which
serve such uses, be protected against flood damage at the time of
initial construction.
C.Â
Control the alteration of natural floodplains, stream channels and
natural protective barriers which are involved in accommodation of
floodwaters.
D.Â
Control filling, grading, dredging and other development which may
increase erosion or flood damages.
E.Â
Regulate the construction of flood barriers which will unnaturally
divert floodwaters or which may increase flood hazards to other lands.
F.Â
Qualify for and maintain participation in the National Flood Insurance
Program.
The objectives of this chapter are to:
A.Â
Protect human life and health.
B.Â
Minimize expenditure of public money for costly flood-control projects.
C.Â
Minimize the need for rescue and relief efforts associated with flooding
and generally undertaken at the expense of the general public.
D.Â
Minimize prolonged business interruptions.
E.Â
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.Â
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.Â
Provide that developers are notified that property is in an area
of special flood hazard.
H.Â
Ensure that those who occupy the areas of special flood hazard assume
responsibility for their actions.
A.Â
Unless specifically defined below, words or phrases used in this
chapter shall be interpreted so as to give them the meanings they
have in common usage and to give this chapter its most reasonable
application.
B.Â
APPEAL
AREA OF SHALLOW FLOODING
AREA OF SPECIAL FLOOD HAZARD
BASE FLOOD
BASEMENT
BREAKAWAY WALL
BUILDING
CELLAR
CRAWL SPACE
DEVELOPMENT
ELEVATED BUILDING
(1)Â
(a)Â
(b)Â
(2)Â
(3)Â
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
FEDERAL EMERGENCY MANAGEMENT AGENCY
FLOOD BOUNDARY AND FLOODWAY MAP (FBFM)
FLOOD ELEVATION STUDY
FLOOD HAZARD BOUNDARY MAP (FHBM)
FLOOD INSURANCE RATE MAP (FIRM)
FLOOD INSURANCE STUDY
FLOOD or FLOODING
(1)Â
(2)Â
FLOODPLAIN or FLOOD-PRONE AREA
FLOODPROOFING
FLOODWAY
FUNCTIONALLY DEPENDENT USE
HIGHEST ADJACENT GRADE
HISTORIC STRUCTURE
(1)Â
(2)Â
(3)Â
(4)Â
LOCAL ADMINISTRATOR
LOWEST FLOOR
MANUFACTURED HOME
MANUFACTURED HOME PARK OR SUBDIVISION
MEAN SEA LEVEL
MOBILE HOME
NATIONAL GEODETIC VERTICAL DATUM (NGVD)
NEW CONSTRUCTION
NEW MANUFACTURED HOME PARK OR SUBDIVISION
ONE-HUNDRED-YEAR FLOOD
PRINCIPALLY ABOVE GROUND
RECREATIONAL VEHICLE
(1)Â
(2)Â
(3)Â
(4)Â
REGULATORY FLOODWAY
START OF CONSTRUCTION
STRUCTURE
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
(1)Â
(2)Â
VARIANCE
As used in this chapter, the following terms shall have the meanings
indicated:
A request for a review of the local administrator's
interpretation of any provision of this chapter or a request for a
variance.
A designated AO or VO Zone on a community's Flood Insurance
Rate Map (FIRM), with base flood depths from one to three feet, where
a clearly defined channel does not exist, where the path of flooding
is unpredictable and indeterminate and where velocity flow may be
evident.
The land in the floodplain within a community subject to
a 1% or greater chance of flooding in any given year. This area may
be designated as Zones A, AE, AH, AO, A1 through A99, V, VO, VE or
V1 through V30. It is also commonly referred to as the "base floodplain"
or the "one-hundred-year floodplain."
The flood having a one-percent chance of being equaled or
exceeded in any given year.
That portion of a building having its floor subgrade (below
ground level) on all sides.
A wall that is not part of the structural support of the
building and is intended, through its design and construction, to
collapse under specific lateral loading forces without causing damage
to the elevated portion of the building or the supporting foundation
system.
Any structure built for support, shelter or enclosure for
occupancy or storage.
The same meaning as definition of "basement."
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.
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 located
within the area of special flood hazard.
A nonbasement building:
Built, in the case of a building in Zones A1 through 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 Zones V1 through 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
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 Zones A1 through 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 Zones V1 through 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.
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities,
the construction of street and either final site grading or the pouring
of concrete pads) is complete before the effective date of the floodplain
management regulations adopted by the community.
The preparation of additional sites by the construction of
facilities for servicing the lots on which the manufactured home are
to be affixed (including the installation of utilities, the construction
of streets, and either final site grading or the pouring of concrete
pads).
The federal agency that administers the National Flood Insurance
Program.
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.
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.
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 defined but no water surface elevation is provided.
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.
See "flood elevation study."
Also the collapse or subsidence of land along the shore of a lake or other body 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 (1) above.
Any land area susceptible to being inundated by water from
any source. (See definition of "flooding.")
Any combination of structural and nonstructural additions,
changes or adjustments to structures, which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
The same meaning as "regulatory floodway."
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. The term does not include
long-term storage or manufacture, sales or service facilities.
The highest natural elevation of the ground surface, prior
to construction, next to the proposed walls of a structure.
Any structure that is:
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;
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;
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
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
The person appointed by the community to administer and implement
this chapter by granting or denying development permits in accordance
with its provisions. This person is often the Code Enforcement Officer,
Building Inspector or employee of an engineering department.
The lowest level, including the basement or cellar, of the
lowest enclosed area. An unfinished or flood-resistant enclosure,
usable solely for parking of vehicles, building access or storage
in an area other than a basement 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 designed to be used with or without
a permanent foundation when connected to the required utilities. The
term does not include a recreational vehicle.
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.
The same meaning as "manufactured home."
As corrected in 1929, a vertical control used as a reference
for establishing varying elevations within the floodplain.
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.
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the 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 completed on or after the effective date of floodplain
management regulations adopted by a community.
The same meaning as "base flood."
At least 51% of the actual cash value, excluding land value,
is above ground.
A vehicle which is:
Built on a single chassis;
Four hundred square feet or less when measured at the largest
horizontal projections;
Designed to be self-propelled or permanently towable by a light-duty
truck; and
Not designed primarily for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel or seasonal
use.
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.
The initiation, excluding planning and design, of any phase
of a project or physical alteration of the property, including 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 building
(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.
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.
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 commence 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 building, fire, health, sanitary or safety code specifications
which are solely necessary to assure safe living conditions; or
Any alteration of a structure or contributing 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 or use in a manner that would otherwise
be prohibited by this chapter.
This chapter shall apply to all areas of special flood hazard
within the jurisdiction of the Town of Milo.
The areas of special flood hazard identified by the Federal
Emergency Management Agency on its Flood Hazard Boundary Map (FHBM)
or Flood Insurance Rate Map (FIRM) No. 360961C 01 through 11, dated
July 18, 1985, is hereby adopted and declared to be a part of this
chapter. The FHBM or FIRM is on file at the Town of Milo Clerk's
office, 142 Main Street, Penn Yan, New York 14527.
A.Â
This chapter is adopted in response to revisions to the National
Flood Insurance Program effective November 1, 1989, and shall supersede
all previous laws adopted for the purpose of establishing and maintaining
eligibility for flood insurance.
B.Â
In their interpretation and application, the provisions of this chapter
shall be held to be minimum requirements, adopted for the promotion
of the public health, 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 highest standards shall govern.
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 Milo from taking such other lawful action as necessary to prevent or remedy an infraction. Any structure found not compliant with the requirements of this chapter for which the developer and/or owner has not applied for and received an approved variance under §§ 204-16 and 204-17 will be declared noncompliant, and notification shall be sent to the Federal Emergency Management Agency.
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 Milo, 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.
The Code Enforcement Officer is hereby appointed local administrator
to administer and implement this chapter by granting or denying development
permit applications in accordance with its provisions.
A floodplain development permit is hereby established for all construction and other development to be undertaken in areas of special flood hazard in this community for the purpose of protecting its citizens from increased flood hazards and ensuring that new development is constructed in a manner that minimizes its exposure to flooding. 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 § 204-6, without a valid floodplain development permit. Application for a permit shall be made on forms furnished by the local administrator and may include but not be limited to plans, in duplicate, drawn to scale and showing the nature, location, dimensions and elevations of the area in question, existing or proposed structures, fill, storage of materials, drainage facilities and the location of the foregoing.
A.Â
Fees. All applications for a floodplain development permit shall
be accompanied by an application fee as set from time to time by resolution
of the Town Board. In addition, the applicant shall be responsible
for reimbursing the Town of Milo for any additional costs necessary
for review, inspection and approval of this project. The local administrator
may require a deposit of no more than $500 to cover these additional
costs.
B.Â
Application for a permit. The applicant shall provide the following
information as appropriate. Additional information may be required
on the permit application form.
(1)Â
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 Zones A1 through A30, AE or AH or Zone
A if base flood elevation data are available. Upon completion of the
lowest floor, the permittee shall submit to the local administrator
the as-built elevation, certified by a licensed professional engineer
or surveyor.
(2)Â
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
permittee shall submit to the local administrator the as-built floodproofed
elevation, certified by a professional engineer or surveyor.
(3)Â
A certificate from a licensed professional engineer or architect that any utility floodproofing will meet the criteria in § 204-14C, Utilities.
(4)Â
A certificate from a licensed professional engineer or architect that any nonresidential floodproofed structure will meet the floodproofing criteria in § 204-15B, Nonresidential structures.
(5)Â
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 map, computations or other material required by the Federal Emergency Management Agency (FEMA) to revise the documents enumerated in § 204-6, 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.
(6)Â
In Zone A, when no base flood elevation data are available from other
sources, base flood elevation data shall be provided by the permit
applicant for subdivision proposals and other proposed developments
(including proposals for manufactured home and recreational vehicle
parks and subdivisions) that are greater than either 50 lots or five
acres.
A.Â
The local administrator shall conduct the following permit application
review before issuing a floodplain development permit:
(1)Â
Review all applications for completeness, particularly with the requirements of § 204-11B, Application for a permit, and for compliance with the provisions and standards of this chapter.
(2)Â
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 of § 204-13, General standards and, in particular, § 204-13A, Subdivision proposals.
(3)Â
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 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 § 204-13, General 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)Â
Determine that all necessary permits have been received from those
governmental agencies from which approval is required by state or
federal law.
B.Â
Use of other flood data.
(1)Â
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 (these areas are designated Zone A or V on the FIRM) 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, including data developed pursuant to § 204-11, as criteria for requiring that new construction, substantial improvements or other proposed development meet the requirements of this chapter.
(2)Â
When base flood elevation data are 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.
C.Â
Alteration of watercourses. The local administrator shall:
(1)Â
Notification to adjacent communities and the New York State Department
of Environmental Conservation prior to permitting any alteration or
relocation of a watercourse and submittal of evidence of such notification
to the Regional Director, Region II, Federal Emergency Management
Agency.
(2)Â
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.Â
Construction stage. The local administrator shall:
(1)Â
In Zones A1 through 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,
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)Â
Any further work undertaken prior to submission and approval of the
certification shall be at the permit holder's risk. The local
administrator shall review all data submitted. Deficiencies detected
shall be cause to issue a stop-work order for the project unless immediately
corrected.
E.Â
Inspections. The local administrator 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.Â
Stop-work orders.
(1)Â
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 § 204-8 of this chapter.
(2)Â
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 law and/or the conditions of the development permit. Disregard of a stop-work order shall subject the violator to the penalties described in § 204-8 of this chapter.
G.Â
Certificate of compliance.
(1)Â
In areas of special flood hazard, as determined by documents enumerated in § 204-6, 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.
(2)Â
A certificate of compliance shall be issued by the local administrator
upon satisfactory completion of all development in areas of special
flood hazard.
(3)Â
Issuance of the certificate shall be based upon the inspections conducted as prescribed in § 204-12E, 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.Â
Information to be retained. The local administrator shall retain
and make available for inspection, copies of the following:
(1)Â
Floodplain development permits and certificates of compliance;
(2)Â
Certificates of as-built lowest floor elevations of structures required pursuant to § 204-12D, and whether or not the structures contain a basement;
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 § 204-6:
A.Â
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)Â
Proposals shall be consistent with the need to minimize flood damage;
(2)Â
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)Â
Adequate drainage shall be provided to reduce exposure to flood damage.
B.Â
Encroachments.
(1)Â
Within Zones A1 through A30 and AE, on streams without a regulatory
floodway, no new construction, substantial improvements or other development
(including fill) shall be permitted unless:
(a)Â
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)Â
The Town of Milo 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, analysis and mapping
and reimburses the Town of Milo 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 Milo for all costs related to
the final map revision.
(2)Â
On streams with a regulatory floodway, as shown on the Flood Boundary and Floodway Map or the Flood Insurance Rate Map adopted in § 204-6, no new construction, substantial improvements or other development in the floodway (including fill) shall be permitted unless:
(a)Â
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)Â
The Town of Milo 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 Milo 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 Milo for
all costs related to the final map revisions.
A.Â
Anchoring.
(1)Â
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.Â
Construction materials and methods.
(1)Â
New construction and substantial improvements to structures shall
be constructed with materials and utility equipment resistant to flood
damage.
(2)Â
New construction and substantial improvements to structures shall
be constructed using methods and practices that minimize flood damage.
(3)Â
For enclosed areas below the lowest floor of a structure within Zones
A1 through A30, AE or AH and also Zone A if base flood elevation data
are 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)Â
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)Â
The bottom of all such openings no higher than one foot above
the lowest adjacent finished grade.
(c)Â
Openings may be equipped with louvers, valves, screens or other
coverings or devices, provided that they permit the automatic entry
and exit of floodwaters. Enclosed areas subgrade on all sides are
considered basements and are not permitted.
C.Â
Utilities.
(1)Â
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.
(2)Â
New and replacement water supply systems shall be designed to minimize
or eliminate infiltration of floodwaters into the system.
(3)Â
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.
(4)Â
On-site waste disposal systems shall be located to avoid impairment
to them or contamination from them during flooding.
A.Â
Residential structures.
(1)Â
Elevation. The following standards in addition to the standards in § 204-13A, Subdivision proposals, and § 204-13B, Encroachments, and § 204-14, Standards for all structures, apply to structures located in areas of special flood hazard as indicated:
(a)Â
Within Zones A1 through 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 one foot above the base flood level.
(b)Â
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)Â
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 the depth number specified in feet on the community's Flood Insurance Rate Map enumerated in § 204-6 (at least two feet if no depth number is specified).
(d)Â
Within Zones AH and AO, adequate drainage paths are required
to guide floodwaters around and away from proposed structures on slopes.
B.Â
Nonresidential structures. The following standards apply to new and substantially improved commercial, industrial and other nonresidential structures, in addition to the requirements in § 204-13A, Subdivision proposals, and § 204-13B, Encroachments, and § 204-14, Standards for all structures.
(1)Â
Within Zones A1 through 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:
(a)Â
Have the lowest floor, including basement or cellar, elevated
to one foot above the base flood elevation; or
(b)Â
Be floodproofed so that the structure is watertight to one foot
above the base flood level 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.
(2)Â
Within Zone AO, new construction and substantial improvements of
nonresidential structures shall:
(a)Â
Have the lowest floor (including basement) elevated above the
highest adjacent grade at least as high as the depth number specified
in feet on the community's FIRM (at least two feet if no depth
number is specified); or
(b)Â
Together with attendant utility and sanitary facilities, be completely floodproofed to that level to meet the floodproofing standard specified in § 204-15B(1)(b).
(3)Â
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 § 204-15B(1)(b), including the specific elevation (in relation to mean sea level) to which the structure is to be floodproofed.
(4)Â
Within Zones AH and AO, adequate drainage paths are required to guide
floodwaters around and away from proposed structures on slopes.
(5)Â
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.
C.Â
Manufactured homes and recreational vehicles. The following standards in addition to the standards in § 204-13, General standards, and § 204-14, 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:
(1)Â
(2)Â
A manufactured home that is placed or substantially improved in Zones
A1 through A30, AE and AH that is on a site either outside of an existing
manufactured home park or subdivision as herein defined; in a new
manufactured home park or subdivision as herein defined; in an expansion
to an existing manufactured home park or subdivision as herein defined;
or in an existing manufactured home park or subdivision as herein
defined on which a 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)Â
A manufactured home to be placed or substantially improved in Zones
A1 through A30, AE and AH in an existing manufactured home park or
subdivision that is not to be placed on a site on which a manufactured
home has incurred substantial damage shall be:
(a)Â
Elevated in a manner such as required in § 204-15C(2); or
(b)Â
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 the 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.
(4)Â
Within Zone A, when no base flood elevation data are 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 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.
(5)Â
Within Zone AO, the floor shall be elevated above the highest adjacent grade at least as high as the depth number specified on the Flood Insurance Rate Map enumerated in § 204-6 (at least two feet if no depth number is specified). Elevation on piers consisting of dry-stacked blocks is prohibited.
A.Â
The Zoning Board of Appeals, as established by the Town of Milo,
shall hear and decide appeals and requests for variances from the
requirements of this chapter.
B.Â
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.
C.Â
Those aggrieved by the decision of the Zoning Board of Appeals may
appeal such decision to the Supreme Court, pursuant to Article 78
of the Civil Practice Law and Rules.
D.Â
In passing upon such applications, the Zoning Board of Appeals shall
consider all technical evaluations, all relevant factors, standards
specified in other sections of this chapter and:
(1)Â
The danger that materials may be swept onto other lands to the injury
of others.
(2)Â
The danger to life and property due to flooding or erosion damage.
(3)Â
The susceptibility of the proposed facility and its contents to flood
damage and the effect of such damage on the individual owner.
(4)Â
The importance of the services provided by the proposed facility
to the community.
(5)Â
The necessity to the facility of a waterfront location, where applicable.
(6)Â
The availability of alternative locations for the proposed use, which
are not subject to flooding or erosion damage.
(7)Â
The compatibility of the proposed use to the Comprehensive Plan and
floodplain management program of that area.
(8)Â
The relationship of the proposed use to the Comprehensive Plan and
floodplain management program of that area.
(9)Â
The safety of access to the property in times of flood for ordinary
and emergency vehicles.
(10)Â
The costs to local governments and the dangers associated with
conducting search and rescue operations during periods of flooding.
(11)Â
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.
(12)Â
The costs of providing governmental services during and after
flood conditions, including search and rescue operations maintenance
and repair of public utilities and facilities, such as sewer, gas,
electrical and water systems and streets and bridges.
E.Â
Upon consideration of the factors of Subsection D 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.
F.Â
The local administrator shall maintain the records of all appeal
actions, including technical information, and report any variances
to the Federal Emergency Management Agency upon request.
A.Â
Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided that the items in § 204-16D(1) through (12) have been fully considered. As the lot size increases beyond the 1/2 acre, the technical justification required for issuing the variance increases.
B.Â
Variances may be issued for the repair or rehabilitation of historic
structures upon determination that:
C.Â
Variances may be issued by a community for new construction and substantial
improvements and for other development necessary for the conduct of
a functionally dependent use provided that:
D.Â
Variances shall not be issued within any designated floodway if any
increase in flood levels during the base flood discharge would result.
E.Â
Variances shall only be issued upon a determination that the variance
is the minimum necessary, considering the flood hazard, to afford
relief.
F.Â
Variances shall only be issued upon receiving written justification
of:
(1)Â
A showing of good and sufficient cause;
(2)Â
A determination that failure to grant the variance would result in
exceptional hardship to the applicant; and
(3)Â
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.
G.Â
Any applicant to whom a variance is granted for a building with the
lowest floor below the base flood elevation shall be given written
notice over the signature of a community official that the cost of
flood insurance will be commensurate with the increased risk resulting
from lowest floor elevation.