LL 10 Flood Damage Protection s
(Please Use this Form for Filing your Local Law with the Secretary of State)
Text of law should be given as amended. Do not include matter being
eliminated and do not use italics or underlining to indicate new matter.
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XT11w of.......QUEENSBURY.................................................................................................
Town
XXxfing
Local Law No. ............10.......................................... of the year 19 ....87....
Alocal law ....FLOQD.,DAMAGE.,PREANT1RK.................................................................................................................................
(Insert title)
Beit enacted by the ..........TOWN ........ ...............................BOARD..... .... ............................................................ of the
�,�(� (Name of Letielative Body)
�Mfi
City NS
Townof................4.....UEE.........BURY.............................................................................................................................. as follows:
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1.1 FINDINGS
The Town Board of the Town of Queensbury finds that the potential and/or actual damages
from flooding and erosion may be a problem to the residents of the Town of Queensbury and that such damages
may include: destruction or loss of private and public housing, damage to public facilities, both publically
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 local law is adopted.
1.2 STATEMENT OF PURPOSE
It is the purpose of this local law 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:
(1) 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;
(2) require that uses vulnerable to floods, including facilities which serve such uses,
be protected against flood damage at the time of initial construction;
(3) control the alteration of natural floodplain�, stream channels, and natural protective
barriers which are involved in the accommodation of flood waters;
(4) control filling, grading, dredging and other development which may increase erosion
or flood damages;
(5) regulate the construction of flood barriers which will unnaturally divert flood waters
or which may increase flood hazards to other lands, and;
(6) qualify and maintain for participation in the National Flood Insurance Program.
1.3 OBJECTIVES
The objectives of this local law are:
(1 to protect human life and health;
2 to minimize expenditure of public money for costly flood control projects;
3 to minimize the need for rescue and relief efforts associated with flooding and
generally undertaken at the expense of the general public;
(4) to minimize prolonged business interruptions;
5 to minimize damage to public facilities and utilities such as water and gas mains,
electric, telephone, sewer lines, streets and bridges located in areas of special flood
hazard;
N`(lf additional space is needed, please attach sheets of the same size as this and number each):"
Page 1
60.3(d)
(6) to 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;
(7) to provide that developers are notified that property is in
an area of special flood hazard; and,
(8) to ensure that those who occupy the areas of special flood
hazard assume responsibility for their actions.
SECTION 2.0
DEFINITIMS
Unless specifically defined below, words or phrases used in this local
law shall be -interpreted so as to give them the meaning they have in
common usage and to give this local law its most reasonable
application.
"Appeal" means a request for a review of the Local Administrator's
interpretation of any provision of this Local Law or a request for a
variance.
"Area of shallow flooding" means 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.
"Area of special flood hazard" is the land in the floodplain within a
community subject to a one percent or greater chance of flooding in
any given year. This area may be designated as Zone A, AE, AH, AO,
Al-99, V, VO, VE, or V1-30. It is also commonly referred to as the
base floodplain or 100-year floodplain.
"Base flood" means the flood having a one percent chance of being
equalled or exceeded in any given year.
"Basement" means that portion of a building having its floor subgrade
(below ground level) on all sides.
"Breakaway wall" means 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.
"Building" means any structure built for support, shelter, or
enclosure for occupancy or storage.
"Cellar" - has the same meaning as "Basement".
"Coastal high hazard area" means the area subject to high velocity
waters including, but not limited to, hurricane wave wash. The area
is designated on a FIRM as Zone V1 - 30, VE, VO or V.
"Development" means 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.
"Elevated building" means a non-basement building built to have the
lowest floor elevated above the ground level by means of fill, solid
foundation perimeter walls, pilings, columns (posts and piers) , or
shear walls.
"Fl(:x-)d" or "Flooding" means a general and temporary condition of
partial or complete inundation of normally dry land areas fran:
(1) the overflow of inland or tidal waters;
2.
60.3(d)
.Y
(2) the unusual and rapid accumulation or runoff of surface
waters from anv source.
"Flood Boundary and Floodway Map (FBFYV' means an official map of the
Community published by the Federal Emergency Manager.ent Agency as part
of a riverine Community's Flood Insurance Study. The FBFM delineates
a Regulatory Floodway along water courses studied in detail in the
Flood Insurance Studv.
"Flood Hazard Boundary Map (FHBM) " means 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.
"Flood Insu. ance Rate Map (FIRM) " means an official map of a
camnunity, on which the Federal Emergency Management Agency has
delineated both the areas of special flood hazard and the risk premium
zones applicable to the community.
"Flood Insurance Study" is the official report provided by the Federal
Emergency Management Agency. The report contains flood profiles, as
well as the Flood Boundary Floodway Map and the water surface
elevations of the base flood.
"Flood proofing" means any combination of structural and
non-structural 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.
i
"Floodway" - has the same meaning as "Regulatory Floodway".
"Floor" means the top surface of an enclosed area in a building
(including basement) , i.e., top of slab in concrete slab construction
or top of wood flooring in wood frame construction.
"Functionally dependent use" means 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 tern does not include long-term storage,
manufacture, sales, or service facilities.
"Highest adjacent grade" means the highest natural elevation of the
ground surface, prior to construction, next to the proposed walls of a
structure.
"Lowest Floor" means 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 non-elevation design
requirements of this Local I.aw.
"Manufactured home" means 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 also includes park tsaiilers, travel
trailers, and similar transportable structures placed on a site for
180 consecutive days or longer and intended to be. improved property.
"Mean Sea Level" means, for purposes of the National Flood Insurance
Program, the National Ceodetic Vertical Datum (NGUID) of 1929 or other
datum, to which base flood elevations shown on a community's Flood
insurance Rate Map are referenced.
"Mobile home" - has the same meaning as "Manufactured home".
3.
4
60.3(d)
"National Geodetic Vertical Datum (NGVD) " as corrected in 1929 is a
vertical control used as a reference for establishing varying
elevations within the flood plain.
"New construction" means structures for which the "start of
construction" commenced on or after the effective date of this local
law.
"Principally Above Ground" means that at least 51 percent of the
actual cash value of the structure, excluding land value, is above
ground.
"100-year Flood" has the same meaning as "Base Flood."
"Regulatory Floodway" means 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 Section 4.3-2 of this Law.
"Sand dunes" means naturally occurring accumulations of sand in ridges
or mounds landward of the beach.
"Start of construction" means the initiation, excluding planning and
design, of any phase of a project, physical alteration of the
property, and shall include 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 buildings (garages, sheds) ,
storage trailers, and building materials. For manufactured homes the
"actual start" means affixing of the manufactured home to its
permanent site.
"Structure" means a walled and roofed building, a manufactured home,
or a gas or liquid storage tank, that is principally above ground.
"Substantial improvement" means any repair, reconstruction, or
improvement of a structure, the cost of which equals or exceeds 50
percent of the market value of the structure either:
(1) before the improvement or repair is started; or
(2) 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:
(1) 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
(2) any alteration of a structure or contributing structure
listed on the National Register of Historic Places or a
State Inventory of Historic Places.
"Variance" means a grant of relief from the requirements of this local
law which permits construction or use in a manner that would otherwise
be prohibited by this local law.
4.
60.3(d)
SECTION 3.0
GENERAL PROVISIONS
3.1 LANDS TO WHICH THIS LOCAL LAW APPLIES
This local law shall apply to all areas of special flood
hazards within the jurisdiction of The Town of Queensbury
3.2 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD
The areas of special flood hazard identified by the Federal
Emergency Management Agency in a scientific and engineering
report entitled "The Flood Insurance Study for the
Town of Queensbury , of Warren
County, New York", dated June 30 , 19 83 , with
accompanying Flood Insurance Rate Maps and Flood Boundary-
Floodway Maps is hereby adopted and declared to be a part of
this Local Law. The Flood Insurance Study and maps are on file
at Buildings and Codes Enforcement Office, Queensbury Town
Hall, Queensbury, New York
3.3 INTERPRETATION, CONFLICT WITH OTHER LAWS
This Local Law is adopted in response to revisions to the
National Flood Insurance Program effective October 1, 1986 and
shall supercede all previous laws adopted for the purpose of
establishing and maintaining eligibility for flood insurance.
In their interpretation and application, the provisions of this
local law shall be held to be minimum requirements, adopted for
the promotion of the public health, safety, and welfare.
Whenever the requirements of this local law 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.
3.4 SEVERABILITY
The invalidity of any section or provision of this local law
shall not invalidate any other section or provision thereof.
3.5 PENALTIES FOR NON-COMPLIANCE
No structure 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 Local Law and
any other applicable regulations. Any infraction of the
provisions of this Local Law by failure to comply with any of
its requirements, including infractions of conditions and
safeguards established in connection with conditionsof the
permit, shall constitute a violation. Any person who violates
this Local Law 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 Building & Codes Enforcement Officer
from taking such other lawful action as necessary to prevent or
remedy an infraction. Any structure found not compliant with
the requirements of this Local Law for which the developer
and/or owner has not applied for and received an approved
variance under Section 6.0 will be declared noncompliant and
notification sent to the Federal Emergency Management Agency.
3.6 WARIING AND DISCLAIMER OF LIABILITY
The degree of flood protection required by this local law is
considered reasonable for regulatory purposes and is based on
5.
60.3(d)
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 local law 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 local law shall not create liability on
the part of the Town of Queensbury , any officer or
employee thereof, or the Federal EMergency Management Agency,
for any flood damages that result from reliance on this local
law or any administrative decision lawfully made thereunder.
SECTION 4.0
ADMINISTRATION
4.1 DESIGNATION OF THE LOCAL ADMINISTRATOR
The Building & Codes Enforcement Offiji;%rhereby appointed Local
Administrator to administer and implement this local law by
granting or denying development permit applications in
accordance with its provisions.
4.2 ESTABLISHMENT OF DEVELOPMENT PERMIT
A Development Permit shall be obtained before the start of
construction or any other development within the area of
special flood hazard as established in Section 3.2.
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.
4.2-1 APPLICATION STAGE
The following information is required where applicable:
(a) elevation in relation to mean sea level of the
proposed lowest floor (including basement or
cellar) of all structures;
(b) elevation in relation to mean sea level to which
any non- residential structure will be
flood-proofed;
(c) when required a certificate from a licensed
professional engineer or architect that the utility
floodproofing will meet the criteria in Section
5.1-3(1) ;
(d) certificate fron a licensed professional engineer
or architect that the non-residential flood-proofed
structure will meet the flood-proofing criteria in
Section 5.2; and
(e) description of the extent to which any watercourse
will be altered or relocated as a result of
proposed development.
4.2-2 CONSTRUCTION STAGE
Upon placement of the lowest floor, or flood-proofing by
whatever means, it shall be the duty of the permit holder
to submit to the Local Administrator a certificate of the
elevation of the lowest floor, or flood-proofed elevation,
in relation to mean sea level. The elevation certificate
shall be prepared by or under the direct supervision of a
licensed land surveyor or professional engineer and
6.
60.3(d)
certified by same. When flood-proofing is utilized for a
particular building. The floodproofing certificate shall
be prepared by or under the direct supervision of a
licensed professional engineer or architect and certified
by same. Anv 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 immediatelar
corrected.
4.3 DUTIES AND RESPONSIBILITIES OF THE LOCAL ADMINISTRATOR
Duties of the Local Administrator shall include, but not be
limited to:
4.3-1 PERMIT APPLICATION REVIEW
(1) Review all development permit applications to determine
that the requirements of this local law have been
satisfied.
(2) Review all development permit applications to
determine that all necessary permits have been
obtained from those Federal, State or local
governmental agencies from which prior approval is
required.
(3) Review all development permit applications to
determine if the proposed development adversely
affects the area of special flood hazard. For the
purposes of this local law, "adversely affects"
means physical damage to adjacent properties.
An engineering study may be required of the
applicant for this purpose.
(i) If there is no adverse effect, then the permit
shall be granted consistent with the provisions of
this local law.
(ii) If there is an adverse effect, then flood damage
mitigation measures shall be made a condition of
the permit.
(4) Review all development permits for compliance with
the provisions of Section 5.1-5, Encroachments.
4.3-2 USE OF OTHER BASF FLOOD AND FLOODWAY DATA
When base flood elevation data has not been provided in
accordance with Section 3.2, BASIS FOR ESTABLISHING THE
AREAS OF SPECIAL FLOOD HAZARD, the Local Administrator shall
obtain, review and reasonably utilize any base flood
elevation and floodwav data. available from a Federal, State
or other source, including data developed pursuant to
Section 5.1-4(4) in order to administer Section 5.2,
SPECIFIC STANDARDS and Section 5.3 FLOODWAYS.
4.3-3 INFORMATION TO BE OBTAINED AND MAINTAINED
(1) Obtain and record the actual elevation, in relation to
mean sea level, of the lowest floor, including basement
or cellar of all new or substantially improved
structures, and whether or not the structure contains a
basement or cellar.
(2) For all new or substantially improved floodproofed
structures:
(i) obtain and record the actual elevation, in
relation to mean sea level, to which the structure
has been floodproofed; and
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60.3(d)
(ii) maintain the floodproofing certifications required
in Sections 5.1 and 5.2.
(3) Maintain for public inspection all records pertaining
to the provisions of this local law including variances
when granted and Certificates of Ccxpliance.
4.3-4 ALTERATION OF WATERCOURSES
(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, 26
Federal Plaza, New York, NY 10278.
(2) Require that maintenance is provided within the altered
or relocated portion of said watercourse so that the
flood carrying capacity is not diminished.
4.3-5 INTERPRETATION OF FIRM BOUNDARIES
The Local Administrator shall have the authority to make
interpretations when there appears to be a conflict between
the limits of the federally identified area of special flood
hazard and actual field conditions.
Base flood elevation data established pursuant to Section
3.2 and/or Section 4.3-2, when available, shall be used to
accurately delineate the area of special flood hazards.
The Local Administrator shall use flood information from any
other authoritative source, including historical data, to
establish the limits of the area of special flood hazards
when base flood elevations are not available.
4.3-6 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 Section 3.5 of this Local Law.
(2) All floodplain development found noncompliant with the
provisions of this law 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 vnrk order shall be subject to the penalties
described in Section 3.5 of this Local Law.
4.3-7 INSPECTIONS
The Local Administrator and/or the developer's eraineer 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.
4.3-8 CERTIFICATE OF COMPLIAITCE
(1) It shall be unlawful to use or occupy or to permit the
use or occupancy o'17 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 Tocal Administrator stating that
the building or land conforms to the requirements of
this Local Law.
8.
60.3(d)
(2) All other development occurring within the designated
flood hazard area will have upon completion. a Certifi-
cate of Compliance issued by the Local Administrator.
All certifications shall be based upon the inspections
conducted subject to Section 4.3-7 and/or any certified
elevations, hydraulic information, floodproofing, anchoring
requirements or encroachment analysis which may have been
required as a condition of the approved permit.
SECTION 5.0
PROVISIONS FOR FLOOD HAZARD REDUCTION
5.1 GENERAL STANDARDS
In all areas of special flood hazards the following standards
are required:
5.1-1 ANCHORING
(1) All new construction and substantial improvements shall
be anchored to prevent flotation, collapse, or lateral
movement of the structure.
(2) All manufactured homes shall be installed using methods
and practices which minimize flood damage. Manufac-
tured homes must be elevated and anchored to resist
flotation, collapse, or lateral movement. Manufactured
homes shall be elevated to or above the base flood
elevation or 2 feet above the highest adjacent grade
when no base flood elevation has been determined.
Methods of anchoring may include, but are not to be
limited to, use of over-the-top or frame ties to ground
anchors. This requirement is in addition to applicable
State and local anchoring requirements for resisting
wind forces.
5.1-2 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.
5.1-3 UTILITIES
(1) Electrical, heating, ventilation, plumbing, air
conditioning equipment, and other service facilities
shall be designed and/or located so as to prevent water
from entering or accumulating within the components
during conditions of flooding. 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 flood
waters into the system;
(3) New and replacement sanitary sewage systems shall be
designed to minimize or eliminate infiltration of flood
waters; and,
(4) On-site waste disposal systems shall be located to
avoid impairment to them or contamination from them
during flooding.
g,
60.3 (d)
5.1-4 SUBDIVISION PROPOSALS
(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; and,
(4) Base flood elevation data shall be provided for
subdivision proposals and other proposed developments
(including proposals for manufactured home parks and
subdivisions) greater than either 50 lots or 5 acres.
5.1-5 ENCROACHMENTS
(1) All proposed development in riverine situations where
no flood elevation data is available (unnumbered A
zones) shall be analyzed to determine the effects on
the flood carrying capacity of the area of special
flood hazards set forth in section 4.3-1(3) , Permit
Review. This may require the submission of additional
technical data to assist in the determination.
(2) In all areas of special flood hazard in which base
flood elevation data is available pursuant to Section
4.3-2 or Section 5.1-4(4) and no floodway has been
determined the cumulative effects of any proposed
development, when combined with all other existing and
anticipated development, shall not increase the water
surface elevation of the base flood more than one foot
at any point.
(3) In all areas of the special flood hazard where floodway
data is provided or available pursuant to Section 4.3-2
the requirements of Section 5.3, Floodways, shall
apply.
5.2 SPECIFIC STANDARDS
in all areas of special flood hazards where base flood elevation
data has been provided as set forth in Section 3.2 BASIS FOR
ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARDS and Section
4.3-2, USE OF OTHER BASF FLOOD DATA, the following standards are
required:
5.2-1 RESIDENTIAL CONSTRUCTION
New construction and substantial improvements of any
resident structure shall:
(1) have the lowest floor, including basement or cellar,
elevated to or above the base flood elevation;
(2) have fully enclosed areas below the lowest floor that
are subject to flooding designed to autcmatically
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:
(i) 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;
10.
60.3 (d)
(ii) the bttcm of all such openings shall be no higher
than one foot above the lowest adjacent finished
grade; and
(iii)openings may be equipped with louvers, valves,
screens or other coverings or devices provided
they permit the automatic entry and exit of
floodwaters.
5.2-2 NONRESIMITIAL CONSTRUCTION
New construction and substantial improvements of any
commercial, industrial or other non-residential structure,
together with attendant utility and sanitary facilities,
shall either: have the locaest floor, includinq basement or
ceilar, 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 hydro-
static and hydrodynamic loads and the effects of buoyancy.
(1) If the structure is to be elevated, fully enclosed
areas below the base flood elevation shall be designed
to automatically (without human intervention) allow for
the entry and exit of floodwaters for the purpose of
equalizing hydrostatic flood forces on exterior walls.
Designs for meeting this requirement must either be
certified by a licensed professional engineer or a
licensed architect or meet the following criteria:
(i) 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;
(ii) the bottom of all such openings shall be no higher
than one foot above the lowest adjacent finished
grade; and
(iii)openings may be equipped with louvers, valves,
screens or other coverings or devices provided
they permit the automatic entry and exit of
floodwaters.
(2) If the structure is to be floodproofed:
(i) a licensed professional engineer or architect
shall develop and/or review structural design,
specifications, and plans for the construction,
and shall certify that the design and methods of
construction are in accordance with accepted
standards of practice to make the structure
watertight with walls substantially impermeable to
the passage of water, with structural components
having the capability of resisting hydrostatic and
hydrodynamic loads and effects of buoyancy; and
(ii) a licensed professional engineer or licensed land
surveyor shall certify the specific elevation (in
relation to mean sea level) to which the structure
is floodproofed.
The Local Administrator shall maintain on record a copy of
all such certificates noted in this section.
5.2-3 CONSTRUCTION STANDARDS FOR AREAS OF SPECIAL FLOOD HAZARDS
WITHOUT BASE FLOOD ELEVATIONS
New construction or substantial improvements of structures
including manufactured homes shall have the lowest floor
11.
60.3 (d)
including basement elevated to or above the base flood
elevation as may be determined in Section 4.3-(2) or 2 feet
above the highest adjacent grade where no elevation data is
available.
(1) New construction or substantial improvements of
structures including manufactured homes shall have the
lowest floor (including basement) elevated at least 2
feet above the highest adjacent grade next to the
proposed foundation of the structure.
(2) Fully enclosed areas below the lowest floor that are
subject to flooding shall be designed to automatically
(without human intervention) allow for the entry and
exit of floodwaters for the purpose of equalizing
hydrostatic flood forces on exterior walls. Designs
for meeting this requirement must either be certified
by a licensed professional engineer or a licensed
architect or meet the following criteria:
(i) 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;
(ii) the bottom of all such openings shall be no higher
than one foot above the lowest adjacent finished
grade;
(iii)openings may be equipped with louvers, valves,
screens or other coverings or openings provided
they permit the automatic entry and exit of
floodwaters.
5.3 FLOOMAYS
Located within areas of special flood hazard are areas designated
as floodways (see definition, Section 2.0) . The floodway is an
extremely hazardous area due to high velocity flood waters
carrying debris and posing additional threats from potential
erosion forces. When floodway data is available for a particular
site as provided by Section 3.2 and Section 4.3-2, all
encroachments including fill, new construction, substantial
improvements, and other development are prohibited within the
limits of the floodway unless a technical evaluation demonstrates
that such encroachments shall not result in any increase in flood
levels during the occurance of the base flood discharge.
SECTION 6.0
VARIANCE PROCEDURE
6.1 APPEALS BOARD
(1) The Planning Board as established by
Resolution 10-11-62 shall hear and decide
appeals and requests for variances from the requirements
of this local law.
(2) The Planning Board 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 local law.
(3) Those aggrieved by the decision of the Planning Board ,
may appeal such decision to the Supreme Court pursuant to
Article 78 of the Civil Practice Law and Rules.
(4) In passing upon such applications, the Planning Board ,
shall consider all technical evaluations, all relevant
12.
r
60.3(d)
factors, standards specified in other sections of this local
law and:
(i) the danger that materials may be swept onto other
lands to the injury of others;
(ii) the danger to life and property due to flooding or
erosion damage;
(iii) the susceptibility of the proposed facility and its
contents to flood damage and the effect of such
damage on the individual owner;
(iv) the importance of the services provided by the
proposed facility to the community;
(v) the necessity to the facility of a waterfront
location, where applicable;
(vi) the availability of alternative locations for the
proposed use which are not subject to flooding or
erosion damage;
(vii) the compatibility of the proposed use with existing
and anticipated development;
(viii) the relationship of the proposed use to the
comprehensive plan and flood plain management program
of that area;
(ix) the safety of access to the property in times of
flood for ordinary and emergency vehicles;
(x) the costs to local governments and the dangers
associated with conducting search and rescue operations
during periods of flooding;
(xi) the expected heights, velocity, duration, rate of rise,
and sediment transport of the flood waters and the
effects of wave action, if applicable, expected at the
site; and
(xii) 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.
(5) Upon consideration of the factors of Section 6.1(4) and the
purposes of this local law, the planning Board may
attach such conditions to the granting of variances as it
deems necessary to further the purposes of this local law.
(6) 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.
6.2 CONDITIONS FOR VARIANCES
(1) Generally, variances may be issued for new construction
and substantial improvements to be erected on a lot of
one-half acre or less in size contiguous to and surrounded
by lots with existing structures constructed below the
base flood level, providing items (i-xii) in Section 6.1(4)
have been fully considered. As the lot size increases
beyond the one-half acre, the technical justification
required for issuing the variance increases.
(2) Variances may be issued for the reconstruction, rehabili-
tation or restoration of structures and contributing
:structures listed on the National Register of Historic
13.
• 60.3(d)
Places or the State Inventory of Historic Places, without
rca_ard to the. contributing st nictures procedures set forth
in the remainder of this section.
O Variances may be issued by a comirninity for new construction
and substantial impro-Psnents and for other development
necessary for the conduct of a functionally dependent use
provided that:
(i) the criteria of subparagraphs 1, 4, 5, and 6 of this
section are met;
(ii) the structure or other development is protected by
methods that minimize flood damages during the base
flood and create no additional threat to public safety.
(4) Variances shall not be issued within any designated floodway
if any increase in flood levels during the base flood
discharge would result.
(5) Variances shall only be issued upon a determination that the
variance is the minimum necessary, considering the flood
hazard, to afford relief.
10 Variances shall only be issued upon receiving written
justification:
(i) a showing of good and sufficient cause;
i (ii) a determination that failure to grant the variance
would result in exceptional hardship to the
applicant; and
(iii) a determination that the granting of a variance will
not result in increased flood heights, additional
threats to public safety, extraordinany public
expense, create nuisances, cause fraud on or
victimization of the public or conflict with existing
local laws or ordinances.
(7) Any applicant to whom a variance is granted for a buildina
with the lowest floor be-low the base flood elevation shall
be given written notice that the cost of flood insurance
will be commensurate with the increased risk resulting
from lowest floor elevation.
7 . Repeal
Local Law Number 5 of 1984 entitled Flood Damage
Prevention is hereby repealed.
8 . Effective Date
This local law shall become effective upon the
filing thereof in the Office of the Secretary
of State.
14.
R
(Complete the certification in the paragraph which applies to the filing of this local law and strike out the
matter therein which is not applicable.)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No. .....].R.........of 19.87...
X�dt�S)bX�rX
XXitit�XX
of the Town of...Q.0 ENU RY................. was duly passed by the .....TA039ARA...........................................................
(Name of Legislative Body)
Mmapx
on......U.RT. MMU....U................. 19..$L in accordance with the applicable provisions of law.
2. (Passage by local legislative body with approval or no disapproval by Elective Chief Executive Officer,*
or repassage after disapproval.)
I hereby certify that the local law annexed hereto, designated as local law No. ....................of 19........
County
City
ofthe of......................................was duly passed by the ................ ..............................................................
Town ...
Village
(Name of Legislative Body)
not disapproved
on..................................................19........ and was approved by the .......................................................
repassed after disapproval Elective Chief Executive Officer *
and was deemed duly adopted on ........................................................19........ , in accordance with the applicable
provisions of law.
3.-(Final adoption by referendum.)
I hereby certify that the local law annexed hereto,designated as local law No. .................. of 19..........
County
ofthe City of......................................was duly passed by the.................... ................................................................
Town (Name of Legislative Body)
Village not disapproved
on...................................................19........ and was approved by the...............................................................
repassed after disapproval Elective Chief lj.xecutive Officer*
on......................................................................19......... Such local law was submitted to the people by reason of a
mandatory
permissive referendum,and received the affirmative vote of a majority of the qualified electors voting
general
thereon at the special election held on......................................................19........ , in accordance with the appli-
annual
cable provisions of law.
4. (Subject to permissive referendum ,and final adoption because no valid petition filed requesting
referendum.)
I hereby certify that the local law annexed hereto,designated as local law No. .................. of 19..........
County
ofthe City of...................................... was duly passed by the................................................................................on
Town (Name of Legislative Body)
Village not disapproved
...................................................... 19........ and was approved by the ..................... ...................................on
repassed after disapproval Elective Chief Executive Officer*
..............................................................19......... Such local law being subject to a permissive referendum and no
valid petition requesting such referendum having been filed, said local law was deemed duly adopted on
...................................................................... 19......... in accordance with the applicable provisions of law.
•Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-wide basis
or, if there be none, the chairman of the county legislative body,the mayor of a city or village or the supervisor of a town,
where such officer is vested with power to approve or veto local laws or ordinances.
15.
ti
5. (City local law concerning Charter rex ision proposed by petition.)
I hereby certify- that the local law annexed hereto,designated as local law No. ....................of 19........
of the City of.......................................................................... having been submitted to referendum pursuant to the
provisions of § 36 of the Municipal I lome Rule Law,and having received the affirmative vote of a majority
of the qualified electors of such city voting thereon at the specialgeneral election held on ..................................
................ 19 ............ became operative.
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as Local Law No. ......of Ig...... of the
County of ......................................... State of New York, having been submitted to the Electors at the
General Election of November ........... 19 ........... pursuant to subdivisions 5 and 7 of Section 33 of the Muni-
cipal Home Rule Law,and having received the affirmative vote of a majority of the qualified electors of the
cities of said county as a unit and of a majority of the qualified electors of the towns of said county
considered as a unit voting at said general election, became operative.
(If any other authorized form of final adoption has been followed, please provide an appropriate
certification.)
J` I further certify that I have compared the preceding local law with the original on file in this office
and that the same is a correct transcript therefrom and of the whole of such original local law, and was
finally adopted in the manner indicated in paragraph .......I.................... above.
Z(�4z4c'4= /'1/9 - -
Clerk of the County legislative body,City,Town or V" a Clerk or
officer designated by local legislative body
Date: SEPTEMBER 22, 1987
(Seal)
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney
or other authorized Attorney of locality.)
STATE OF NEW YORK
COUNTY OF ......WARREN..................................
1, the undersigned, hereby certify that the foregoing local law contains the correct text and that all
proper proceedings have been had or taken for the enactment of the local law annexed hereto.
Signature
. . . . . TOWN COUNSEL. . . . . . . . . . . . . . . . . . . . . . . . . . . .
Title
Date: SEPTEMBER 22, 1987
4WIXx of........Q.UEENSSURY......................................
Town
1V1IXlc��
16.