A.
Development standards. The development standards contained herein
shall apply to each dwelling or business unless specifically provided
otherwise. Required area or space cannot be reduced. The area or dimension
of any lot, yard, parking area or other space shall not be reduced
to less than the minimum or increased to more than the maximum dimension
as required by this chapter.
B.
Sight distance requirements for corner lots. The front/side yards
at the street intersection of all corner lots shall be kept free of
vegetation and other structures that would obstruct the vision of
drivers between the heights of 3 1/2 feet to 10 feet above the average
grade of each street (measured on the center line thereof). The following
sight distances from intersections shall be maintained:
 |
|
Table 2
| |
|---|---|
|
Sight Distance for Various Street Widths
| |
|
Street Right-of-Way
(feet)
|
Distance from Intersection
(feet)
|
|
50 or more
|
90
|
|
40 to 49
|
80
|
|
30 to 39
|
70
|
C.
Through lot requirements. A through lot shall be considered as having
two lot frontages, both of which shall be subject to the front yard
requirements of this chapter.
D.
Flag lots. The development of interior lots with limited lot frontage
consisting of only an access right-of-way shall be permitted, provided:
(1)
The right-of-way is a minimum of 50 feet in width.
(2)
The lot area shall be exclusive of that portion used as a right-of-way
for purposes of meeting minimum lot area and all other development
standards for the district.
(3)
No right-of-way shall be established over an existing parcel
of land to reach a new lot to the rear which would reduce the length
of the front lot line of the existing parcel to less than 150 feet.
(4)
All flag lot access rights-of-way shall be titled in fee-simple
ownership to the flag lot property owner and shall not be used to
access any property not part of the original tract. Such owner shall
bear responsibility for maintenance of the improvements.
(5)
No more than one such flag lot shall be created from an existing
parcel, a cumulative total of two flag lots including the original.
This restriction shall be incorporated in deed covenants and placed
on the recorded plat map at the time any flag lot is created.
E.
Landlocked lots. The purpose of this subsection is to provide a means
by which owners of property that is landlocked may obtain access to
a public street in accordance with § 280-a of New York State
Town Law. This policy shall apply to all areas of the Town of Fallsburg.
In order for an applicant to obtain a building permit to construct
a structure on a landlocked lot, the applicant shall be required to
demonstrate that adequate access may be obtained to said lot. "Adequate
access" shall mean that sufficient right-of-way or easement width
exists to construct a driveway to allow the ingress and egress of
fire trucks, ambulances, police cars and other emergency vehicles
and a frontage of fifteen feet shall presumptively be sufficient for
that purpose.
F.
Minimum lot size for all uses. Lots to be developed with private
water supply and sewage disposal systems or private sewage disposal
systems may require larger lot sizes and widths than are specified
because of unusual subsoil or geological conditions found to exist
on the particular location in question. In such cases, the minimum
lot area otherwise required shall be increased where necessary to
the extent required to allow the proposed water and/or sewerage installation
to operate effectively in order to protect the public health, safety
and welfare. Detailed plans for such water and/or sewerage systems
shall be prepared by a professional engineer and submitted to the
Code Enforcement Officer and approved by him/her before a building
permit shall be issued. The suitability of the proposed systems shall
conform to the standards of the New York State Department of Health.
G.
Lot improvement.
(1)
Whenever a parcel of land is combined with an adjacent lot for
the purpose of increasing the size of the existing lots, or a number
of smaller lots are resubdivided, or reallotted so as to make a lesser
number of larger lots, or there is desired another change to the lot
which, in the Planning Board's opinion, provides an improvement to
the premises, whether regarding ingress, egress, sight distance, safety,
etc., then all applicants must receive Town of Fallsburg Planning
Board approval, provided that:
(a)
Other than as set forth above, any lot proposed to be reduced
in size shall comply in all aspects with provisions of the Town of
Fallsburg Zoning Law and applicable state statutes.
(b)
An appropriate lot improvement application must be submitted
to the Code Enforcement Officer for a Planning Board appearance.
(c)
The Planning Board in its sole discretion shall determine if
a public hearing will be required.
(2)
After the Planning Board has determined that the conditions
for the lot improvements have been met, the Chairman or the Vice Chairman
will have the authority to sign the plat.
(3)
Plat requirements. Fees as set by resolution of the Town Board
per lot per application must be paid at the time of submittal of the
application.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. IV)]
The minimum lot frontage of any lot shall be measured along
the street line as required for the district in which it is located.
For lots fronting on a cul-de-sac or on a street with a radius or
curvature at the center line of 100 feet or less, or in other appropriate
circumstances, the lot frontage may be reduced by the Planning Board
at the time of subdivision plat or site plan approval to no less than
1/2 of the required lot width. No portion of the lot width shall be
less than the approved lot frontage. The driveway access to a lot
shall be provided from the front lot line.
A.
Side yard width may be varied. Where the side wall of a building
is not parallel with the side lot line or is broken or otherwise irregular,
the side yard may be varied. In such case, the average width of the
side yard shall not be less than the otherwise required minimum width;
provided, however, that such yard shall not be narrower at any point
than 1/2 the otherwise required minimum width.
B.
Front yard exception. When an unimproved lot is situated between
two improved lots, each having a principal building within 25 feet
of any side lot line of such unimproved lot, the front yard may be
reduced to the greatest depth of the front yard of the two adjoining
improved lots but shall be not less than 10 feet.
C.
Side yard of corner lot. Each yard fronting on a street shall be
deemed a front yard on any corner lot. At the owner's discretion,
one yard other than the front yard shall be deemed to be a rear yard.
The remaining yard(s) shall be deemed to be a side yard. The minimum
district yard requirements for each shall be complied with. The Planning
Board, during subdivision plan review, shall determine the location
of the front and rear yard, in order to ensure that any building obtains
access safely from the appropriate street.
D.
Provision of yard or other open space. No yard or other open space
provided around any buildings for the purpose of complying with the
provisions of this law shall be considered as providing a yard or
open space for any other building, and no yard or other open space
on another lot shall be considered as providing a yard or open space
for a building on any other lot.
E.
Waterfront yards. Any yard which borders on a lake, stream, pond
or body of water with a New York State Department of Environmental
Conservation-designated surface water quality classification shall
be not less than 100 feet in depth and shall not contain any structures
except for boathouses and docks.
F.
Additional yards required when nonresidential districts abut residential districts. A minimum permanent vegetated buffer of not less than 20 feet shall separate nonresidential uses from adjacent residential properties. Plant materials shall be a minimum of five feet in height when planted and shall be spaced to form a continuous, solid screen at maturity. Generally, shrubs or trees shall be spaced apart at distances suitable for the proper maturation of such planting and shall be properly maintained to afford an effective screen between the nonresidential and residential uses. The fencing requirements of § 310-5.10D shall also apply.
G.
Cluster, bungalow colony, two-family dwellings on common land, duplex
developments, multifamily developments, sleepaway camps, day camps
and retreats shall require a minimum separation distance of 31 feet
of green space between buildings. The only items permitted within
this separation distance are walkways and landings or decks of less
than five feet in width and earthwork retaining walls. No porch or
similar structure shall protrude or be installed into this required
separation. If fire flow calculations can be met, per ISO standards,
then the required separation distance between buildings may be reduced
to a minimum of 25 feet.
[Amended 7-13-2020 by L.L. No. 8-2020]
A.
Permitted obstructions. Cornices or cantilevered roofs may project
not more than three feet into a required yard. Belt courses, window
sills and other ornamental features may project not more than six
inches into a required yard.
B.
Entries and porticos. A roofed-over but unenclosed projection in
the nature of an entry or portico, not more than eight feet wide and
extending not more than six feet out from the front wall of the building,
shall be exempt from front yard requirements when the building otherwise
complies with all other yard restrictions.
C.
(Reserved)
D.
Front yards on narrow streets. On streets with less than a fifty-foot
right-of-way, the front yard setback shall be measured from the center
line of the existing street, and 25 feet shall be added to the front
yard setback.
Buildings shall be oriented parallel to the public right-of-way
and respect the building placement on adjoining properties. If required
by the Town Planning Board, the orientation/placement of the building
shall be reviewed for approval by the Town Architectural Review Board.
 |
A.
General application. No building or structure shall have a greater
number of stories or be higher than permitted in the district where
such building or structure is located, except as noted elsewhere in
this chapter.
B.
Permitted exceptions. Except for restrictions imposed by airport
safety standards, height limitations stipulated elsewhere in this
chapter shall not apply to temporary open amusement uses, church spires,
belfries, cupolas, and monuments.
(1)
Water towers, chimneys, smokestacks, flagpoles, radio and television
towers, masts and aerials, and heating, ventilation, air-conditioning
and other accessory utilities shall be exempted from height restrictions,
provided said utilities do not exceed 20% of the gross floor area
of the roof, and that height does not exceed 10% of the building's
height.
(2)
Parapet walls are also excluded from height restrictions, except
that no parapet wall may extend more than four feet above the limiting
height of the building. Farm buildings and structures on farms (e.g.,
silos) are also excluded, provided that these buildings are set back
from every lot line a distance at least equal to their height.
A.
Placement. No accessory building/structure permitted by this chapter
shall be placed in any required side or required front yard except
as specified hereinafter in this article.
(1)
New or replacement accessory structures over 576 square feet
shall be a minimum of 30 feet from the side and rear property lines,
except that replacement in kind of an existing accessory structure,
which replacement does not exceed its existing dimension or location,
shall be permitted.
B.
Rear yard coverage. Accessory structures shall not cover more than
20% of the required rear yard.
C.
Separation from principal structure. Accessory structures which are
not attached to a principal structure may be erected in accordance
with the following restrictions:
(1)
No accessory structure shall be located closer than 10 feet to the side and rear lot lines and not within a required side yard as per § 310-4.7A above.
(2)
No accessory structure shall be located closer to the street
than the street wall of the principal structure, except in the case
of farm buildings.
D.
Attached accessory structure. When an accessory structure is attached
to the principal building, it shall comply in all respects with the
requirements of this chapter applicable to the principal buildings.
E.
Relocation of accessory structures. All existing structures that
are relocated are to abide by the regulations of this chapter.
F.
Accessory private boathouses, docks and cribs. Boathouses are not
to exceed one story in height or to exceed 15% of the available lake
frontage and shall be not nearer to any side property line than is
permitted in the district. Private docks or cribs shall not extend
more than 20 feet into the lake, shall be not wider than 10% of the
available lake frontage and shall be not nearer to any side property
line than is permitted in the district.
G.
Accessory mechanical equipment, utility hardware and waste storage
areas. Mechanical equipment or other utility hardware on roofs shall
be harmonious with the building or it shall be located and/or screened
so as not to be visible from any public ways.
H.
Refuse containers and compactors.
 Photo: Appropriate means of enclosing a trash container.
|
(1)
Refuse containers must be enclosed on four sides. Three walls
shall consist of brick, block, or other masonry material; and/or stockade
wood fence set upon a concrete slab. The opening shall be fully enclosed
using chain link fence doors with neutral or earth-tone colored slats
as depicted in the photo above. Such containers shall be prohibited
within the front yard of any development and shall be located within
a designated service area to the rear or side of the commercial or
industrial establishment and out of view of public rights-of-way.
All refuse and waste storage containers shall be screened from adjoining
properties. The Planning Board, in its discretion, may require supplemental
landscaping around the base of the walls that enclose the trash container.
Multifamily and townhouse developments exceeding 16 dwelling units
shall be required to screen all refuse containers.
(2)
Refuse compactors.
(a)
New multifamily and townhouse developments exceeding 16 dwelling
units shall be required to provide trash compactors within centralized
containers along with separate recycling containers. Existing multifamily
properties, townhouse developments and bungalow colonies with 16 or
more dwelling units shall be required to provide trash compactors
when it has been documented by the Code Enforcement Officer that violations
of garbage accumulation and/or enclosure maintenance exist on a continuing,
recurring basis.
(b)
All newly installed and existing compactors within the Town
of Fallsburg shall be screened from public view on four sides, set
upon a concrete slab, shall not be stored in front of any business
or residence and shall be placed a minimum of 50 feet from any property
line, public road or public right-of-way. Compactors not being used
for 30 days or more shall be emptied of all contents.
(c)
Compactors that are no longer in service shall be removed from
the property. The area in and around a compactor shall be kept clean
of rubbish, trash, debris and garbage at all times. The leaking of
any fluids from a compactor shall be cleaned immediately and repairs
shall be made immediately to prevent any and all fluids from spilling.
I.
Satellite dishes. Satellite dishes are permitted in the side yards
or rear yards, but shall not be placed in the front yard. Roof-mounted
satellite dishes shall also be permitted on principal or accessory
structures. Satellite dishes shall be placed so that they are as visually
unobtrusive as possible.
A.
Applicability. Portable pools having a water capacity less than six
inches in depth shall be exempt from these provisions.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. IV)]
B.
Private swimming pools. Private swimming pools, whether permanent
or portable, shall be regulated as follows:
(1)
Private swimming pools shall be erected on the same lot as the
principal building.
(2)
Private swimming pools may be erected only in the rear yard
of such structure and shall be located not less than 20 feet from
a rear lot line and not less than 10 feet from any side lot line and
from any principal building or accessory structure attached thereto.
Such pool shall also be not closer than 50 feet to a front lot line.
(3)
Such pool shall not occupy more than 35% of the balance of the
rear yard area, after deducting the area of all private garages and
other accessory buildings or structures.
(4)
Private swimming pools shall be enclosed in accordance with
the New York State Uniform Fire Prevention and Building Code.
C.
Swimming pools accessory to residential developments and nonresidential
developments. Swimming pools accessory to residential developments,
whether clustered one-family dwellings, seasonal camps, or multiple-family
dwellings, shall be of permanent construction and shall be located
not closer than 50 feet to any lot line and not closer than 50 feet
to any dwelling unit. Swimming pools that are part of nonresidential
uses, whether commercial or noncommercial, such as hotels, motels,
clubs, campgrounds, day-use recreational facilities or institutions
shall be of permanent construction and shall be located not closer
than 100 feet from any lot line. Such swimming pools shall be enclosed
in accordance with the New York State Uniform Fire Prevention and
Building Code.
(2)
Such pool shall be constructed, operated and maintained in compliance
with the applicable provisions of the New York State Sanitary Code
relating to public swimming pools.
(3)
No swimming pool shall be initially filled or used until the
foregoing requirements shall have been certified by the Code Enforcement
Officer (CEO).
(4)
All empty pool areas must be locked and secured.
Recreational uses listed below, whether in private or public
ownership and other than accessory to one-family residential use,
shall be subject to the following regulations:
B.
All recreational facilities shall comply with the following minimum
setback requirements and shall be buffered with landscaping from nonrecreational
uses:
|
Table 3
| |
|---|---|
|
Setback Requirements for Recreational Facilities
| |
|
Type of Facility
|
Minimum Setback From Property Line (feet)
|
|
Baseball field
|
100
|
|
Basketball courts
|
50
|
|
Casino building
|
100
|
|
Concession stands
|
100
|
|
Games for fewer than 10 people such as horseshoe pits
|
50
|
|
Golf course fairways
|
50
|
|
Handball courts
|
100
|
|
Outfield relative to baseball or softball
|
50
|
|
Parking areas
|
50
|
|
Picnic areas (tables, barbecue pits, etc.)
|
100
|
|
Picnic grounds (not improved)
|
50
|
|
Tennis courts
|
50
|
|
Volleyball courts
|
50
|
|
All other activities
|
Subject to Planning Board determination
|
C.
Lighting. If outdoor lighting is provided for any of the foregoing recreational facilities, including swimming pools, which permits the use of the facilities after 10:00 p.m., the applicable setback requirements for such facility shall be doubled. All lighting shall be located so as not to be visible at the source from any adjoining property. All pole-mounted lighting shall have a full horizontal cutoff lens that does not allow light above the fixture (see § 310-5.11).
D.
Noise. Public address systems or any other amplified noises audible outside of property boundaries are prohibited. Performance standards in § 310-5.19 must be complied with.
E.
Use of pool. The maximum number of families permitted to use any
swimming pool shall be the area in square feet of the swimming pool
divided by 20. Any portion of a pool designed to hold less than two
feet water in depth shall not be included in total pool area.
A.
There shall be no stabling of animals, storage or use of manure, or other dust-producing substances within a distance of 100 feet of any lot line. Riding trails shall be no closer than 50 feet to any lot line. If outdoor lighting is provided for riding areas, the applicable setbacks shall be doubled. All lighting shall be provided in accordance with § 310-5.11 of this chapter.
B.
Public events, demonstrations, horse shows, rodeos, competitive events
held in connection with riding academies or stables shall be considered
principal uses for purposes of lot area and setbacks and shall conform
to the following requirements: minimum lot size, eight acres; minimum
lot width, 300 feet; required front yard, 50 feet; each required side
yard, 70 feet; required rear yard, 50 feet. In no case shall such
events take place within 100 feet of the property boundaries.
C.
In passing upon any application for a stable or riding academy, the
CEO or Planning Board shall consider the drainage, percolation and
topography of the proposed site and its proximity to public or private
water supplies.
The minimum dimension of an inner court shall not be less than
twice the height of all surrounding walls. However, in no case shall
an inner court have a dimension of less than 30 feet. (The height
of walls surrounding an inner court shall be measured from finished
grade at the base thereof to the top of such wall, except that, in
the case of roofs with a slope exceeding five inches vertical to 12
inches horizontal, the height shall be measured to the mean point
between the top of said wall and the highest point of the roof). The
minimum dimension of an outer court shall be 20 feet, and its depth
shall not exceed its width.
A.
Authority. These provisions are adopted pursuant to §§ 261,
262, 263, and 264 of the Town Law of the State of New York, which
authorizes the Town of Fallsburg to adopt zoning regulations to protect
the health, safety, and welfare of the community and, as set forth
in § 262, "to make provision for, so far as conditions may
permit, the accommodation of solar energy systems and equipment and
access to sunlight necessary therefor." Solar energy systems and equipment
proposed in the State-Designated Agricultural District Overlay shall
comply with the applicable requirements of the New York State Agriculture
and Markets Law.
B.
Purpose. These regulations promote the use of solar energy systems,
as recommended by the Town of Fallsburg Comprehensive Plan Update,
that encourage property owners and applicants to incorporate alternative
energy sources, such as solar, geothermal and wind. These systems
lower the cost of energy to property owners, promote public health,
and help establish energy independence.
C.
Roof-mounted solar energy systems.
(1)
Permit process.
(a)
Roof-mounted solar energy systems shall require a building permit
and are permitted as an accessory use or structure in all zoning districts
when attached to any lawfully permitted building or structure. A site-specific
emergency action plan (EAP) including general safety concerns, associated
precautions, description of deenergizing action and any other potential
concerns in a brief narrative form, shall be provided. Drawing(s)
showing switchgear and disconnection locations should be provided.
This information is to be provided to the local fire department, police,
ambulance, and the Town personnel with listed contacts on the EAP.
The local fire department shall approve the EAP and be trained in
deactivating the solar energy system.
(b)
Sloped roof-mounted solar energy systems facing a street shall
submit elevation view(s) of the structure and roof, which will indicate
the location of the system.
(c)
Flat roof-mounted solar energy systems shall submit an additional
site plan showing the configuration of solar panels with clear demarcations
for the edge of the roof and any parapets.
(d)
Structural computations completed by a licensed architect or
licensed engineer are required and shall be provided to the Code Enforcement
Officer. Said computations shall demonstrate that the building or
structure has the structural capacity to support the additional weight
load of the system.
(2)
Height. Solar energy systems shall not exceed the maximum height
restrictions of the zoning district in which they are located.
(3)
Where a building-mounted system is proposed to be installed
on any legal nonconforming building or structure that violates applicable
setback requirements or height restrictions, the solar energy system
shall be permitted if it does not create an additional nonconformance
so long as the system complies with all other provisions in these
regulations.
(4)
Aesthetics and fire access. Roof-mounted solar energy system
installations shall incorporate, when feasible, the following design
requirements:
(a)
A roof slope that faces or fronts to a public right-of-way should
not be used unless no other alternative exists.
(b)
Panels must be mounted at the same angle as the roof's surface
with a maximum distance of 18 inches between the roof and highest
edge of the system.
(c)
All exterior plumbing and electrical lines must be painted and/or
coated to match the color of adjacent roofing material and walls.
All visible exterior plumbing and electrical lines must not be installed
in any portion of the front yard of the property.
(d)
A three-foot setback is required along all eaves, dormers and
ridge lines for fire access and roof venting for emergency services.
D.
Ground-mounted solar energy systems.
(1)
Ground-mounted solar energy systems are permitted as accessory
structures in the following districts: REC, R, HR, AG and PRD. A site
plan designed according to the following standards shall be submitted
along with the permit application to the Town Building Code Office
for review and approval. A site-specific emergency action plan (EAP)
including general safety concerns, associated precautions, description
of deenergizing action and any other potential concerns in a brief
narrative form, shall be provided. Drawing(s) showing switchgear and
disconnection locations should be provided. This information is to
be provided to the local fire department, police, ambulance, and the
Town personnel with listed contacts on the EAP. The local fire department
shall approve the EAP and be trained in deactivating the solar energy
system.
(a)
Height. The height of the structure(s) shall not be more than
15 feet in height.
(b)
Setback. Ground-mounted solar energy systems shall meet the
minimum yard setback for the zoning district in which it is located,
or 25 feet, whichever is greater.
(c)
Lot coverage. The surface area covered by ground-mounted solar
panels shall be included in total lot coverage.
(d)
Footprint. The system shall be no more than half the footprint
of the primary structure on site.
(e)
Visibility. Active solar systems shall be designed to blend
into the architecture of the building or be screened from routine
view from any public right-of-way or adjacent residentially zoned
properties.
(f)
All such systems in residential districts shall be installed
in the side or rear yards.
(g)
All such systems are not allowed in the one-hundred-year floodplain.
(h)
All electrical systems shall be in compliance with the New York
State Building Code, latest edition.
(i)
The area around such systems shall be mowed and maintained in
compliance with the Property Maintenance Code of the New York State
Uniform Fire Prevention and Building Code. The area shall be plowed
as necessary during winter months to allow access to controls to deactivate
the system.
(2)
The Town of Fallsburg reserves the right to request additional
information, including, but not limited to, photos, maps, graphs,
and a site plan. The Town may refer the application to the Planning
Board or Architectural Review Board for site plan review and/or to
obtain a special use permit.
E.
Abandonment and decommissioning.
(1)
Solar energy systems are considered abandoned in a habitable
property after six months without electrical energy generation and
must be removed from the property. Two applications for extensions
may be granted by the Building Code Department for a period of three
months each.
(2)
If the facility owner fails to repair or remove a solar energy
system as ordered, and the appeal rights have been exhausted, the
Town of Fallsburg may enter the property, remove the system, and charge
the facility owner for all costs and expenses of removal. Any unpaid
costs will result in a lien on the property.
(3)
Subsections E(1) and E(2) above do not apply to abandoned properties. The fire company will be requested to deactivate a solar energy system on an abandoned property at the request of the Building Department. A new homeowner will have six months from the date of financial closure of the property to reactivate the system.
G.
Only commercially made solar energy systems are permitted. All systems
shall be installed by a licensed electrician and inspected by a certified
electrical inspector prior to certificate of compliance and use.
H.
Compliance with electric code. All photovoltaic systems shall comply
with the National Electric Code, current edition.
A.
Flood Damage Prevention Code. All construction, occupancies and land use activities in the Town of Fallsburg shall comply with Chapter 137 of the Town Code, Flood Damage Prevention, and the provisions set forth below. The areas of special flood hazard, also known as the one-hundred-year floodplain, are shown on Flood Insurance Rate Maps as set forth in § 137-6. No development shall be undertaken in any area of special flood hazard without first securing a floodplain development permit. Any application for site plan, subdivision, special use permit or any application for a variance which proposes disturbance that is regulated by Chapter 137 shall be conditioned upon the applicant securing a floodplain development permit, if required.
B.
Floodplain to be mapped. Any lot plan, site plan, or subdivision
plan that is submitted to a board for approval, or to the Code Enforcement
Officer in support of a building permit application, shall clearly
show the limits of the one-hundred-year floodplain and its associated
floodway and all improvements proposed therein.
C.
One-hundred-year floodplain restriction. After the effective date of this Zoning Chapter, no new residential dwelling or new nonresidential building designed for occupancy by residents or employees shall be constructed within the one-hundred-year floodplain. Any new dwelling or nonresidential building proposed to be located in the one-hundred-year floodplain and proposed for occupancy by employees or residents shall require a use variance from the Zoning Board of Appeals. If such use variance is granted, the applicant shall be required to obtain a floodplain development permit as set forth in Subsections A and B above.
D.
Relocation of proposed improvements. Any Town agency that is responsible
for reviewing and deciding upon any variance, site plan, or subdivision
plan may, as a condition of approval, require that a proposed improvement(s)
be relocated outside the floodplain or not placed within a floodplain
to protect the health, safety and general welfare of the community.
