LL 07 Flood Damage Protection New York State Department of Environmental Conservation AM
50 Wolf Road, Albany, New York 12233 show
Thomas C. Jorling
Commissioner
May 4 , 1990
Ms. Darlene Dougher
Town of Queensbury
Town Office Bldg.
Queensbury, NY 12804
Dear Ms . Dougher :
Upon reviewing local laws filed with the Secretary of State ' s
Office, I have found that you have amended the Flood Damage
Prevention for your community as per my request. Unfortunately,
you have neglected to send our office a copy of that amendment.
would you please forward a copy of the local law amending
your Flood Damage Prevention Law to me at the above address,
Room 608 , at your earliest convenience . Once I have reviewed it,
I will notify FEMA of your compliance .
Thank you for your cooperation.
Sincerely,
&Aj 6 o-A-a
Carol Bono
Legal Assistant
cc: Betts Portugill
Reg. 5 - Fred Dunlap
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(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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of....Qugq�sbury..
Town ..................
A"14"
Local Law No......7.................................................. of the year 19 S-9.....
A local law .......FLOQ.4...PA..)!fA..0 .P..f iEYF—N.T.I.Q.N..I..UCAL..L A.111........................................................................
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Be it enacted by the ....Tn�VIV BnA.{ D. .._.. ................».................................. of the
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oixref..........Q.UEENSB,URX.................................................................................................................... as follows:
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1.1 FINDINGS
The Town Board of the Town of Oueensbury finds that the potential
andlor 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 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
local law is adopted.
1.2 STATEMENT OF PURPOSE
It is the purpose of this Local Low to promote the public health, safety,
and qeneral welfare, and to minimize public and private losses due to
flood conditions in specific areas by provisions designed to:
(7) 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 heiahts or velocities;
(2) require that uses vulnerable to floods, including facilities which
serve such uses, he protected against flood damage at the time
of initial construction;
(3) control the alteration of natural floodplains, 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) reaulate the construction of flood barriers which will unnaturally
divert flood waters or which may increase flood hazards to other
lands, and;
i
(6) qualify and maintain for participation in the National Flood Insurance
I'(If addition8lspaace is needed, please attach sheets of the same size as this and number each)'"
Page 1
• i .
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 interruption;
(5) to minimize damage to public facilities and utilities such as water
and gas mains, electric, telephone•, sewer lines, street and bridges
located in areas of special flood hazard,
(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
DEFINITIONS
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, AI-99, V,VO, VE, or VI-30.
It is also commonly refered 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 some 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 V 1 - 30, VE, VO or V.
"Development" means any man-made change to improved or unimproved real I
estate, including but not limited to buildings or other structures, mining, dredging,
(2)
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 (post and piers), or shear walls.
"Flood" or "Flooding" means a general and temporary condition of partial or
complete inundation of normally dry land areas from:
(7) the over flow of inland or tidal waters;
(2) the unusual and rapid accumulation or runoff of surface waters
from any source.
"Flood Boundary and floodway Mop (FBFM)" means an official map of the Community
published by the Federal Emergency Munagenicnt Agency as part of the riverine
Community's Flood Insurance Study. The FBFIL1 delineates a Regulatory Floodway
along water courses studied in detail in the Flood,Insurance Study.
"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 Insurance Rate Map (FIRM)" means 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.
"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.
"Floodway" has the some 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, ship building, and ship repair. The term 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 Law.
"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 trailers, 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 Nation Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which
base flood elevations shown on a community's Flood Insurance Rate Map are
referenced.
"Mobile home" has the some meaning as "Manufactured home".
"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.
(3)
"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
andlor walkways; excavation for a basement, footings, piers, or foundations or
the erection of temporary forms. It also includes the placement andlor 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 improvements
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:
(7) 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.
SECTION 3.0
GENERAL PROVISIONS
3.1 LAND TO WHICH THIS LOCAL LAW APPLIES
This local law 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 have been identified by the Federal
Emergency Management Agency in a scientific and engineering report
entitled "Flood Insurance Study Town of Queensbury, New York, Warren
County" dated January 76, 1984 with Flood Insurance Rate Maps enumerated
on Map Index No. 360879 0007-0035 dated July 76, 1984 and with accompanying
Flood Boundary and Floodway Maps enumerated on Map Index No. 360879
0001-0035 dated July 76, 7984.
The above documents are, hereby, adopted and declared to be a part
of this local law and are filed at the Building and Codes Enforcement
(111
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 supersede all
previous laws adopted for the purpose 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 ordinance, to the most restrictive
or that imposing the higher standards, shall govern.
3.4 SEVERABLITY
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 conditions of 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 WARNING AND DISCLAIMER OF LIABILITY
The degree of flood protection required by this local law is considered
reasonable for regulatory purposes and is based on scientific and engineering
considerations. Larger floods come and will occur on rare occasions.
Flood heights may be increased by man-made or natural causes. This
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 Officer is hereby appointed Local
Administrator to administer and implement this local law by granting
or denying development permit application 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 areas in question;
existing or proposed structures, fill, storage of materials, drainage
facilities, and the location of the foregoing.
(5)
4.2 APPLICATION STAGE
The following inforvnation 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 from 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 this elevation of the lowest floor, or
flood-proofed 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 certified by some. When flood-proofing is utilized for
a particular building. The flood-proofing certificate shall be prepared
by or under the direct supervision of a licensed professional engineer
or architect and certified by some. Any further work undertaken prior
to submission and approval of the certification shall be at the permit
holder's risk. The Local Administrator shall review all data submitted.
Deficiencies detected shall be cause to issue a stop-work order for
the project unless immediately corrected.
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 BASE 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 floodway 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 FLOOD WAYS.
(6)
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
(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 Compliance.
4.3-4 ALTERATION OF WATERCOURSES
(7) 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
ll, 26 Federal Plaza, New York, NY 70278.
(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 andlor
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
L a w.
(2) All floodplain development found noncompliant with the provisions
of this law andlor 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 Section 3.5 of this Local Law.
4.3-7 INSPECTIONS
The Local Administrator andlor 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.
t
(1
4.3-8 CERTIFICATE OF COMPLIANCE
(1) 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 Local Law.
(2) All other development occurring within the designated flood hazard
area will have upon completion a Certificate 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 requiremcids 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 area of special flood hazards the following standards are required.
5. 1-1 ANCHORING
(7) 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. Manufactured 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, airconditioning 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.
51-4 SUBDIVISION PROPOSALS
(7) All subdivision proposals shall be consistent with the need to minimize
flood damage; i
(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;
(8)
(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 subdivision) greater than either 50 lots or 5 acres.
5.7-5 ENCROACHMENT
(7) 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. 7-4(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 BASE FLOOD DATA, the following standards are required:
5.2-1 RESIDENTIAL CONSTRUCTION
New construction and substantial improvements of any resident structure
shall:
(7) 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 automatically equalized 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:
(l) 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;
NO 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.
5.2-2 NONRESIDENTIAL 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 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.
t
(1) If the structure is to be elevated, fully enclosed areas below the
base flood elevation shall be designated 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
(9)
by a licensed professional engineer or a licensed architect or meet
the following criteria:
M 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;
00 the bottom of all such openings shall be no higher than
one foot above the lowest adjacent finished grade; and
(ii0openings 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:
M a licensed professionul engineer or architect shall develop
ondlor 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 including basement
elevated to or above the base flood elevation as may be determined
in Section 4.342) 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:
M a minimu►n 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 FL OOD WA YS
Located within areas of special flood hazard are areas designated as
floodways (see definition, Section 2.0). The floodway is on 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 develop►nent 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
( 70)
the occurrence of the base flood discharge.
SECTION 6.0
VARIANCE PROCEDURE
6. 1 APPEALS BOARD
(1) The Planning Board as established by Resolution l0-11-62 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 on 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 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;
NO 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 of 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.
t
(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.
0 /)
6.2 CONDITIONS FOR VARIANCES
(7) 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, 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.
(3) Variances may be issued by a community for new construction
and substantial improvements and for other development necessary
for the conduct of a functionally dependent use provided that:
(i) the criteria of subparagraphs 1,4,5, and 6 of this section
are met;
NO 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.
(6) Variances shall only be issued upon receiving written justification:
(i) a showing of good and sufficient cause;
NO 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, extraordinary public expense, create
nuisances, cause fraud on or victimization of the public
or conflict with existing local laws or ordinances.
(7) Any application to whom a variance is granted for a building with
the lowest floor below 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.
(12)
(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.)
1 hereby certify that the local law annexed hereto,designated as local law No. .7.... .. of 19$9.....
00my
of the Vim of .Queensbury.... was duly passed by the ....Tgvvq Board,, ,, , , . . . .
Maw
(Name of Legislative Body)
on ..AP.4;Pn)Pef,,,4 ith.... 19 89...An 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
of the City was duly passed by the
Town Of ' " " " (Name of Legislative Body)
Village
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.)
1 hereby certify that the local law annexed hereto,designated as local law No. . . ... . . . of 19 ........
County
of the City Town of . . ....... . . .... . was duly passed by the . ...... ...... . .. .. . . . . . . ... .. . . . . . . .
Village (Name of Legislative Body)
not disapproved
on ............................. 19 ........ and was approved by the .. . . . . . .
repassed after disapproval Elective Chief Executive 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 applicable
annual
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 . ,
City
ofthe Town of . ..... .......... was duly passed by the ........ .... .... . .. . ... . . . . . . .
Village (Name of Legislative Body)
not disapproved
on ............................. 19........ and was approved by the . ........... ....... . . . .. . . . .
repassed after disapproval Elective chief Executive officer•
on .................................. 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
t
on .............................19.........in accordance with the applicable provisions of law.
i
"Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a countywide 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.
(73)
5. (City local law concerning Charter revision 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 137 of the Municipal Home Rule Law, and having received the affirmative vote of a
majority of the qualified electors of such city voting thereon at the special general election held on .. . . ... . .. . .
............ 19......... became operative.
6. (County local law concerning adoption of Charter.)
1 hereby certify that the local law annexed hereto, designated as local law No. .... .. . . of 19.........
of the County of .. .. ... .. . . . ...... . . .. State of New York, having been submitted to the Electors at the
General Election of November ... . ..... .. .. 19.......pursuant to subdivisions S and 7 of section 33 of the
Municipal 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 certifica-
tion.)
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 ....1........above.
,
Cler of the County legislative body, ity, To n or Village Clerk or
officer designated by local legislaftive body
Date: December 7, 1989
(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 7enactf-tbe-local law annexed hereto.
lgnaty
......TPYY7 (Qr)7ey.... .. ........ ... . . . . ... . . . . . . .
Title
CY01i A�
Date: December 7, 1989 CkyCX of .:.Queensburx.
Town . . .... . . . ... . . . ...
89c
(74)
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Please be
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