[HISTORY: Adopted by the Village Board of the Village of
Webster 10-28-1991 by L.L. No. 3-1991; amended in its entirety 5-8-2008 by L.L. No.
8-2008. Subsequent amendments noted where applicable.]
The Village Board of the Village of Webster finds that the potential
and/or actual damages from flooding and erosion may be a problem to
the residents of the Village of Webster and that such damage 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.
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, are 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
flood hazards to other lands.
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 participation in the National Flood Insurance Program.
The objectives of this chapter 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 and 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.
A.
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.
APPEAL
AREA OF SHALLOW FLOODING
AREA OF SPECIAL FLOOD HAZARD
BASE FLOOD
BASEMENT
BREAKAWAY WALL
BUILDING
CELLAR
CRAWL SPACE
DEVELOPMENT
ELEVATED BUILDING
EROSION AND SEDIMENT CONTROL
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 LEVEL, ONE-HUNDRED-YEAR
FLOOD LEVEL, TEN-YEAR
FLOOD OR FLOODING
(1)
(2)
FLOODPLAIN OR FLOOD-PRONE AREA
FLOODPROOFING
FLOODWAY
FLOOR
FUNCTIONALLY DEPENDENT USE
HIGHEST ADJACENT GRADE
HISTORIC STRUCTURE
(1)
(2)
(3)
(4)
LOCAL ADMINISTRATOR
LOWEST FLOOR
MANUFACTURED HOME OR MOBILE HOME
MANUFACTURED HOME PARK OR SUBDIVISION
MEAN SEA LEVEL
MOBILE HOME
NATIONAL GEODETIC VERTICAL DATUM (NGVD)
NEW CONSTRUCTION
ONE-HUNDRED-YEAR FLOOD
PRINCIPALLY ABOVE GROUND
RECREATIONAL VEHICLE
(1)
(2)
(3)
(4)
REGULATORY FLOODWAY
START OF CONSTRUCTION
STRUCTURE
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
(1)
(2)
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, AH or VO Zone on a community's Flood
Insurance Rate Map (FIRM) with a 1% or greater annual chance of flooding
to an average annual depth of one 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.
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 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 chapter, the term "special flood-hazard
area (SFHA)" is synonymous in meaning with the phrase "area of special
flood hazard."
The flood having a 1% 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 enclosed for
occupancy or storage.
See "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 or storage
of equipment or materials located within the area of special flood
hazard.
A nonbasement building built, in the case of a building in
Zones 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 Zones V1-30, 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-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 VI-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.
Department of Environmental Conservation Division of Water
technical and operational guidance series (5.1.10) stormwater management
guidelines (TOGS 5.1.8).
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 designated as Zone A but no flood elevations are
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.
The official report provided by the Federal Emergency Management
Agency. The report contains flood profiles, as well as the Flood Boundary
and Floodway Map and the water surface elevations of the base flood.
The highest level of flood that, on the average, is likely
to occur once every 100 years, as determined in the Federal Emergency
Management Agency's Flood Insurance Study for the Village of
Webster.
The highest level of flood that, on the average, is likely
to occur once every 10 years, as determined in the Federal Emergency
Management Agency's Flood Insurance Study for the Village of
Webster.
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 B(1)(a) above.
A land area, adjoining a river, stream, watercourse, bay
or lake, which is likely to be flooded, as designated in the Flood
Insurance Study.
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.
See "regulatory floodway."
The top surface of an enclosed area in a building, including
basement, i.e., the top of the slab in concrete slab construction
or the top of the wood flooring in wood frame construction.
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.
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 Building Inspector,
Code Enforcement Officer, or employee of an engineering department.
The lowest level, including 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 recreational vehicles.
A parcel (or contiguous parcels) of land divided into two
or more manufactured home lots for rent or sale.
For purpose 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.
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.
See "base flood."
At least 51% of the actual cash value of the structure, 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 or by other agencies as provided in § 50-13B of this chapter.
The date of permit issuance for new construction and substantial
improvements to existing structures, provided that 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.
A walled and roofed building, a manufactured home or a gas
or a 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 purpose 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 Village of Webster.
A.
The
areas of special flood hazard for the Village of Webster, Community
Number 360437, are identified and defined on the following documents
prepared by the Federal Emergency Management Agency:
(1)
Flood Insurance Rate Map Panel Numbers: 36055C0227G, 36055C0229G,
36055C0231G, 36055C0232G, 36055C0233G, and 36055C0234G, whose effective
date is August 28, 2008, and any subsequent revisions to these map
panels that do not affect areas under our community's jurisdiction.
(2)
A scientific and engineering report entitled "Flood Insurance Study,
Monroe County, New York, All Jurisdictions" dated August 28, 2008.
(3)
Letter of Map Revision Case Number 13-02-0260P, effective December
3, 2013, amending Flood Insurance Rate Map Panels 36055C0229G and
36055C0233G, and Flood Insurance Study Floodway Data Table 9 and Flood
Profile 152P.
[Added 10-9-2014 by L.L. No. 1-2014]
B.
The
above documents are hereby adopted and declared to be a part of this
chapter. The Flood Insurance Study and/or maps are on file at: the
office of the Building Inspector of the Village of Webster.
A.
This
chapter includes all revisions to the National Flood Insurance Program
through October 27, 1997, and shall supersede all previous laws adopted
for the purpose of flood damage prevention.
B.
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 higher standards shall govern.
The invalidity of any section or provision of this chapter shall
not invalidate any other section or provision thereof.
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 Village of Webster 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 §§ 50-16 and 50-17 will be declared noncompliant, and notification will 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 areas of special
flood hazard 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 Village of Webster, 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.
Purpose. 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 insuring 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 § 50-6, without a valid floodplain development permit. Application for a development 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.
B.
Application for permit. The following information is required where
applicable:
(1)
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-A30, AE or AH, or Zone A if base
flood elevation data are available. Upon completion of the lowest
floor, the permitee shall submit to the local administrator the as-built
elevation, certified by a licensed professional engineer or surveyor.
(2)
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
permitee shall submit to the local administrator the as-built floodproofed
elevation, certified by a professional engineer or surveyor.
(3)
A certificate from a licensed professional engineer or architect that any utility floodproofing will meet the criteria in § 50-14C, Utilities.
(4)
A certificate from a licensed professional engineer or architect that any nonresidential floodproofed structure will meet the floodproofing criteria in § 50-15B, Nonresidential structures.
(5)
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 maps, computations or other material required by the Federal Emergency Management Agency (FEMA) to revise the documents enumerated in § 50-6, 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)
A technical analysis, by a licensed professional engineer, if required
by the local administrator, which shows whether proposed development
to be located in an area of special flood hazard may result in physical
damage to any other property.
(7)
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.
C.
Fees. All applications for a floodplain development permit shall
be accompanied by an application fee determined by the Village Board.[1] In addition, the applicant shall be responsible for reimbursing
the Village of Webster 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.
[1]
Editor's Note: The Village Fee Schedule is available in the
Village office and can also be found on the Village website.
Duties of the local administrator shall include but not be limited
to the following:
A.
Permit application review. The local administrator shall conduct
the following permit application review before issuing a floodplain
development permit:
(1)
Review all applications for completeness, particularly with the requirements of § 50-12B, Application for permit, and for compliance with the provisions and standards of this chapter.
(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 of § 50-14, General standards, and, in particular, § 50-14D, 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., streambank 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 § 50-14, 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)
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 base flood and floodway data.
(1)
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 § 50-14D(4), as criteria for requiring that new construction, substantial improvements or other proposed development meet the requirements of this chapter.
(2)
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.
Information to be obtained and retained. The local administrator
shall retain and make available for inspection, copies of the following:
D.
Alteration of watercourses. The local administrator shall:
(1)
Notify adjacent communities and the New York State Department of
Environmental Conservation prior to any alteration or relocation of
a watercourse and submit evidence of such notification to the Regional
Director, Federal Emergency Management Agency, Region II.
(2)
Require that maintenance is provided within the altered or relocated
portion of said watercourse so that the flood-carrying capacity is
not diminished.
E.
Stop-work orders.
(1)
All floodplain development found ongoing without an approved permit shall be subject to the issuance of a stop-work order by the local administrator. Disregard of a stop-work order shall be subject to the penalties described in § 50-9 of this chapter.
(2)
All floodplain development found noncompliant with the provisions of this chapter and/or the conditions of the approved permit shall be subject to the issuance of a stop-work order by the local administrator. Disregard of a stop-work order shall be subject to the penalties described in § 50-9 of this chapter.
F.
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 that the
development is in compliance with the requirements of either the development
permit or the approved variance.
G.
Certificate of compliance.
(1)
In areas of special flood hazard, as determined by documents enumerated in § 50-6, it shall be unlawful to use or 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)
All other development occurring within the designated flood-hazard
area will have, upon completion, a certificate of compliance issued
by the local administrator.
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 § 50-6. In all areas of special flood hazard, the following standards are required:
B.
Construction materials and methods.
(1)
All new construction and substantial improvements shall be constructed
with materials and utility equipment resistant to flood damage.
(2)
All new construction and substantial improvements shall be constructed
using methods and practices that minimize flood damage.
(3)
For enclosed areas below the lowest floor of a structure within Zones
A1-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.
(a)
Designs for meeting this requirement must either be certified
by a licensed professional engineer or architect or meet or exceed
the following minimum criteria:
(b)
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.
C.
Utilities.
(1)
Electrical, heating, ventilation, plumbing and air-conditioning equipment
and other service facilities shall be located at or above the base
flood elevation or shall be designed and/or located so as to prevent
water from entering or accumulating within the components during conditions
of flooding and to resist hydrostatic and hydrodynamic loads and stresses.
Electrical wiring and outlets, switches, junction boxes and panels
shall be elevated to or above the base flood elevation, 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. When designed for
location below the base flood elevation, a professional engineer's
or architect's certification is required.
(2)
All new and replacement water supply systems shall be designed to
minimize or eliminate infiltration of floodwaters into the system.
(3)
New and replacement sanitary sewerage 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.
D.
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)
All subdivision proposals shall be consistent with the need to minimize
flood damage.
(2)
All subdivision proposals shall have public utilities and facilities,
such as sewer, gas, electrical and water systems, located and constructed
to minimize flood damage.
(3)
All subdivision proposals shall have adequate drainage provided to
reduce exposure to flood damage.
(4)
Base flood elevation data shall be provided for individual lots or
subdivision proposals.
E.
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 Village of Webster 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 Village of Webster for all fees and
other costs in relation to the application. The applicant must also
provide all data, analyses and mapping and reimburse the Village of
Webster 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 §§ 50-6 and 50-13B, 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 Village of Webster 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 Village of Webster for
all fees and other costs in relation to the application. The applicant
must also provide all data, analyses and mapping and reimburse the
Village of Webster for all costs related to the final map revisions.
In all areas of special flood hazard where base flood elevation data has been provided as set forth in § 50-6, Basis for establishing areas of special flood hazard, and § 50-13B, Use of other base flood and floodway data, the following standards are required:
A.
Residential construction. New construction and substantial improvements
of any resident structure shall:
(1)
Within Zones AI-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 elevation.
(2)
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.
(3)
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 § 50-6 (at least two feet if no depth number is specified).
(4)
Within Zones AH and AO, adequate drainage paths are required to guide
floodwaters around and away from proposed structures on slopes.
B.
Nonresidential construction. New construction and substantial improvements
of any commercial, industrial or other nonresidential structure, together
with attendant utility and sanitary facilities, shall either have
the lowest floor, including basement or cellar, elevated to or above
the base flood elevation or be floodproofed so that the structure
is watertight below 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.
(1)
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:
(a)
Have the lowest floor, including basement or cellar, elevated
to or above two feet above the base flood elevation; or
(b)
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 the effects of buoyancy.
(2)
Within Zone AO, new construction and substantial improvements of
nonresidential structures shall:
(a)
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
(b)
Together with attendant utility and sanitary facilities, be completely floodproofed to that level to meet the floodproofing standard specified in § 50-15B(1)(b).
(3)
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 § 50-15B(1)(b), including the specific elevation (in relation to mean sea level) to which the structure is to be floodproofed.
(4)
Within Zones AH and AO, adequate drainage paths are required to guide
floodwaters around and away from proposed structures on slopes.
(5)
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.
(6)
The local administrator shall maintain on record a copy of all such
certificates noted in this section.
C.
Manufactured homes and recreational vehicles.
(1)
(2)
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.
(3)
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 grade and are securely
anchored to an adequately anchored foundation system to resist flotation,
collapse or lateral movement.
D.
Construction materials and methods for areas of special flood hazard
without base flood elevations.
(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 Zones
A1-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.
(a)
Designs for meeting this requirement must either be certified
by a licensed professional engineer or architect or meet or exceed
the following minimum criteria:
(b)
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.
E.
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.
A.
The Zoning Board of Appeals, as established by the Village of Webster,
shall hear and decide appeals and requests for variances from the
requirements of this chapter.
B.
The Zoning Board of Appeals shall hear and decide appeals when it
is alleged there is an error in any requirement, decision or determination
made by the local administrator in the enforcement or administration
of this chapter.
C.
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.
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)
The danger that materials may be swept onto other lands to the injury
of others.
(2)
The danger to life and property due to flooding or erosion damage.
(3)
The susceptibility of the proposed facility and its contents to flood
damage and the effect of such damage on the individual owner.
(4)
The importance of the services provided by the proposed facility
to the community.
(5)
The necessity to the facility of a waterfront location, where applicable.
(6)
The availability of alternative locations for the proposed use which
are subject to flooding or erosion damage.
(7)
The compatibility of the proposed use with existing and anticipated
development.
(8)
The relationship of the proposed use to the Comprehensive Plan and
floodplain management program of that area.
(9)
The safety of access to the property in times of flood for ordinary
and emergency vehicles.
(10)
The costs to local governments and the dangers associated with conducting
search-and-rescue operations during periods of flooding.
(11)
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)
The costs of providing governmental services during and after flood
conditions, including search-and-rescue operations and maintenance
and repair of public utilities and facilities, such as sewer, gas,
electrical and water systems and streets and bridges.
E.
Upon consideration of the factors of Subsection D above 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.
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.
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 § 50-16D(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.
Variances may be issued for the reconstruction, rehabilitation or
restoration of structures and contributing structures listed on the
National Register of Historic Places or the State Inventory of Historic
Places without regard to the contributing structures procedures set
forth in the remainder of this section, provided that:
C.
Variances may be issued by a community for new construction and substantial
improvements and for other developments necessary for the conduct
of a functionally dependent use, provided that:
D.
Variances shall not be issued within any designated floodway if any
increase in flood levels during the base flood discharge would result.
E.
Variances shall only be issued upon a determination that the variance
is the minimum necessary, considering the flood hazard, to afford
relief.
F.
Variances shall only be issued upon receiving written justification
of:
(1)
A showing of good and sufficient cause;
(2)
A determination that failure to grant the variance would result in
exceptional hardship to the applicant; and
(3)
A determination that the granting of a variance will not result in
increased flood heights, additional threats to public safety or extraordinary
public expenses, create nuisances, cause fraud on or victimization
of the public or conflict with existing local laws or ordinances.
