Document cayugacounty_gov_doc_ef7e066845

Local Law Filing NEW YORK STATE DEPARTMENT OF STATE 41 STATESTREET ALBANY.NY 12231 (Use this form to file a 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. of Victory Town Loca! Law No. ofthe year 20 07 A local law f o r Flood Damage Prevention. (Insert Title) iI)H 2 2 20QL )S Be it enacted by the Tovm Board (Name of Legislative BoiiyJ Town of Victory See Attached ofthe as follows: (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS-239 (Rev. 11/99) Page 1 of 3 ---PAGE BREAK--- (Complete the certification in the paragraph that applies to the filing ofthis local law and strike out that which is not applicabte.) 1. (Final adoption by local legislative body only.) I hereby certify that the local iaw annexed hereto, designated as locai law No. 1 of 20—07 of the ^aMMl9i^^«i«^(Town)(Wimf») of Victory . . • • —was duly passed by the Town Board nn 20 -in accordance with the applicable (Name of Legislative botiy) provisions oflaw. 2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of_ , . . . . .—was duly passed by the on 20 , and was (approvedX not approved) (Name of Legislatn'e Bodyj (repassed after disapproval) by the and was deemed duly adopted (Elective Chief Executive Officer*) on • 20 , in accordance with the appiicabie provisions of law. 3. (Final adoption by referendum.) I hereby certify that die local law annexed hereto, designated as locai lavv No. of 20 of the (County)(City)(Town)(ViUage) of was duly passed by the on 20 , and was not approved) (Nome of Legislanve Body) (repassed after disapproval) by the . on 20 (Elective Chief E.xecutive Officer*) Such local law was submitted to the people by reason ofa (mandatory )(permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (generai) (special)(annuai) election held on 20 , in accordance with the applicable provisions oflaw. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No of 20 of the (County)(City)(Town)(ViIlage) of . was duly passed by the on 20 , and was (approvedX not approved) (Name of Legislative Body) (repassed atter disapproval) by the on 20 Such local {Elective Chief Executive Officer*) law was subject to permissive referendum and no valid petition requesting such referendum was filed as of 20 , in accordance with the applicable provisions of law. * Elective ChiefExecutive Officer means or includes the chief executive officer of a county elected on a county-wide basis or, if there be none, the chairperson of the county legislative body, the mayor ofa city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. DOS-239 (Rev. 11/99) Page 2 of 3 ---PAGE BREAK--- 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 20 of the City of having been submitted to referendum pursuant to the provisions of section (36X37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority ofthe qualified eleaors of such city voting thereon at the (specialXgeneral) election held on . 20 , 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 20 of the County of State of New York, having been submitted to the electors at the General Election of November 20 , pursuant to subdivisions 5 and 7 of section 33 ofthe Municipal Home Rule Law, and having received the affirmative vote ofa majority ofthe qualified electors ofthe cities ofsaid county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general eleclion, became operative. (Ifany other authorized form offinal adoption has been followed, please provide an appropriate certification.) 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 origiziaLbcai law, and_was finally adopted in the manner indicated in paragraph 1 , above. Ci^k of the county legisiativ&Uody, City, Town or Village Clerk or OtTicer designated by local legislative body (Seal) Date: (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 t : a y u g a I, the undersigned, hereby certify that the foregoing locai law contains th^orrect text and that all proper proceedings have been had or laken for the enaciment of the local law annexed hereto. Signiiyre Town Attorney Title Town Victory Date: DOS-239 (Rev. 11/99) Page 3 of 3 ---PAGE BREAK--- LOCAL LAW NO. 1 OF THE YEAR 2007 FLOOD DAMAGE PREVENTTON SECTION 1.0 STATUTORY AUTHORIZATION AND PURPOSE 1.1 HNDINGS The Town Board ofthe Town of Victory finds that the potenfial and/or actual damages from flooding and erosion may be a problem to the residents of the of Victory damages may include: destruction or loss of private and public housing, damage to pubhc facilifies, 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 objecfives hereinafter set forth, this local law is adopted. 1.2 STATEMENT OF PURPOSE It is the purpose ofthis local law to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in speciflc areas by provisions designed to; 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 velocifies; require that uses vulnerable to floods, including facilifies which serve such uses, be pro- tected asainst flood damase at the time of initial construction; control the alteration of natural floodplains, stream channels, and natural protective barriers which are involved in the accommodation of flood waters; control filling, grading, dredging and other development which may increase erosion or flood damages; regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase fiood hazards to other lands, and; qualify and maintain for participafion in the Nafional Flood Insurance Program. 1.3 OBJECTIVES The objectives of this local law are: to protect human life and health; to minimize expenditure of public money for costly flood control projects: to minimize the need for rescue and relief efforts associated with flooding and generally un- dertaken at the expense of the general public; to minimize prolonged business interruptions; ---PAGE BREAK--- to minimize damage to public facilifies and utilifies such as water and gas mains, electric, telephone, sewer lines, streets and bridges located in areas of special flood hazard; 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 areas; to provide that developers are nofified that property is in an area of special flood hazard; and, 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 appli- cation, "Appeal" means a request for a review ofthe 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, AH or VO Zone on a community's Flood Insur- ance Rate Map (FIRM) with a one percent or greater armual chance of flooding to an average annual depth of one to three feet where a clearly defmed 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. "Area of special flood hazard" is the land in the floodplain within a community subject to a one per- cent 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 lOO-year floodplain. For purposes ofthis Local Law, the term "special flood hazard area (SFHA)" is synonymous in meaning with the phrase "area of special flood hazard." "Base flood" means the flood having a one percent chance of being equalled or exceeded in any given year. "Basement" means that portion ofa building having its floor subgrade (below ground level) on all sides. "Building" see "Structure" "Cellar" has the same meaning as "Basement". "Crawl Space" means an enclosed area beneath the lowest elevated floor, eighteen 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. ---PAGE BREAK--- "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 opera- tions or storage of equipment or materials. "Elevated building" means a non-basement building built, in the case of a building in Zones A l - A30, AE, A, A99, AO, AH, B, C, X, or D, to have the top ofthe elevated floor, or in the case of a build- ing in Zones Vl-30, VE, or V, to have the bottom of the lowest horizontal structure member of the ele- vated floor, elevated above the ground level by means of pilings, columns (posts and piers), or shear walls parallel to the flow ofthe water and (ii) adequately anchored so as not to impair the structural in- tegrity of the building during a flood of up to the magnitude ofthe base flood. In the case of Zones A l - 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 flood waters. In the case of Zones V1-V30, VE, or V, "elevated building" also includes a building otherwise meeting the defmition of "elevated building", even though the lower area is enclosed by means of breakaway walls that meet the federal standards. "Federal Emergency Management Agency" means the Federal agency that administers the Nafional Flood Insurance Program. "Flood" or "Flooding" means a general and temporary condition of partial or complete immdation of normally dry land areas from: the overflow of inland or tidal waters; the unusual and rapid accumulafion or runoff of surface waters from any source. "Flood" or "flooding" also means the collapse or subsidence ofland 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 an- ticipated 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 ab- normal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in above. "Flood Boundary and Floodway Map (FBFM)" means an official map ofthe community pubhshed by the Federal Emergency Management 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 Study. "Flood Elevation Study" means an examination, evaluation and determination ofthe flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determi- nation of flood- related erosion hazards. "Flood Hazard Boundary Map (FHBM)" means an official map ofa community, issued by the Fed- eral Emergency Management Agency, where the boundaries ofthe areas of special flood hazard have been designated as Zone A but no flood elevations are provided. ---PAGE BREAK--- "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 pre- miimi zones applicable to the community. "Flood Insurance Study" see "flood elevafion study". "Floodplain" or "Flood-prone area" means any land area susceptible to being inundated by water fi*om any source (see definition of "Flooding"). "Floodproofing" means any combination of structural and non-structural additions, changes, or ad- justments 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 same meaning as "Regulatory Floodway". "Functionally dependent use" means a use which cannot perform its intended purpose unless it is lo- cated or carried out in close proximity to water, such as a docking or port facility necessary for the load- ing and unloading of cargo or passengers, shipbuilding, and ship repair facilities. The term does not in- clude long-term storage, manufacturing, sales, or service facilities. "Highest adjacent grade" means the highest natural elevation of the ground surface, prior to construc- tion, next to the proposed walls of a structure. "Historic structure" means any structure that is: listed individually in the National Register of Historic Places (a listing maintained by the Department ofthe Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; certified or prehminarily determined by the Secretary ofthe 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 ofhistoric places in states with historic preservation programs which have been approved by the Secretary of the Interior; or individually listed on a local inventory ofhistoric places in communities with historic pres- ervation programs that have been certified either: by an approved state program as determined by the Secretary of the Interior or (ii) directly by the Secretary of the Interior in states without approved programs. "Local Administrator" is the person appointed by the community to administer and implement this local law 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. "Lowest floor" means lowest floor of the lowest enclosed area (including basement or cellar). An un- finished or flood resistant enclosure, usable solely for parking of vehicles, building access, or storage in ---PAGE BREAK--- an area other than a basement area is not considered a building's lowest floor; provided, that such enclo- sure is not built so as to render the structure in violation ofthe applicable non-elevation design require- ments ofthis 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 does not include a "Recreational vehicle" "Manufactured home park or subdivision" means a parcel (or contiguous parcels) ofland divided into two or more manufactured home lots for rent or sale. "Mean sea level" means, for purposes ofthe National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929, the North American Vertical Datum of 1988 (NAVD 88), or other da- tum, 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". "New construction" means structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulafion adopted by the community and includes any sub- sequent improvements to such structure. "One hundred year flood" or "lOO-year flood" has the same meaning as "Base Flood". "Principally above ground" means that at least 51 percent of the actual cash value of the structure, ex- cluding land value, is above ground. "Recreational vehicle" means a vehicle which is: built on a single chassis; 400 square feet or less when measured at the largest horizontal projections; designed to be self-propelled or permanently towable by a Hght duty truck; and not designed primarily for use as a permanent dwelhng but as temporary living quarters for recreational, camping, travel,or seasonal use. "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 sur- face 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 4.4-2 of this Law. "Start of construction" means the date of permit issuance for new construction and substantial im- provements to existing structures, provided that actual start of construction, repair, reconstruction, reha- bilitation, 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 con- struction of columns. ---PAGE BREAK--- Permanent construction does not include land preparation (such as clearing, excavation, grading, or fill- ing), or the installation of streets or walkways, or excavation for a basement, footings, piers or founda- tions, 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 ofthe main building. For a substantial improvement, the actual "start of construction" means the first alteration of any wall, ceiling, floor, or other structiu-al part of a building, whether or not that alterafion affects the extemal dimensions ofthe building. "Structure" means a walled and roofed building, including a gas or liquid storage tank, that is princi- pally above ground, as well as a manufactured home. "Substantial damage" means damage of any origin sustained by a structure whereby the cost of restor- ing the structure to its before damaged condition would equal or exceed 50 percent ofthe market value of the structure before the damage occurred. "Substantial improvement" means any reconstruction, rehabilitation, addifion, or other improvement ofa structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" ofthe improvement. The term includes structures which have incurred "sub- stantial damage", regardless ofthe actual repair work performed. The term does not, however, include either: any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or any alteration of a "Historic structure", provided that the alteration will not preclude the structure's continued designation as a "Historic structure". "Variance" means a grant of relief from the requirements of this local law which pennits construction or use in a manner that would otherwise be prohibited by this local law. ---PAGE BREAK--- SECTION 3.0 GENERAL PROVISIONS 3.1 LANDS TO WHICH THIS LOCAL LAW APPLIES This local shall apply to all areas of special flood hazard within the jurisdiction of the Town of Victory . Cavuqa Countv. 3.2 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD The areas of special flood hazard for the Town of Victory, Community Number 360131, are identified and defined on the following documents prepared bythe Federal Emergency Man- agement Agency: Flood Insurance Rate Map Panel Numbers 36011C0065E, 36011C0070E, 36011C0090E, 36011 COI 30E, 36011C0135E, 36011C0140E, 36011C0145E, 36011C0155E. 36011C0165E, whose effective date is August 2, 2007, and any subsequent revisions to these map panels that do not affect areas under our community's jurisdiction. A scientific and engineering report entitled "Flood Insurance Study, Cayuga County, New York, Ail Jurisdictions" dated August 2, 2007. The above documents are hereby adopted and declared to be a part ofthis Local Law. The Flood Insurance Study and/or maps are on file at: Town of victory offices 1323 Town Barn Rd., Red Creek, New York 13143 3.3 INTERPRETATION AND CONFLICT WITH OTHER LAWS This Local Law includes all revisions to the National Flood Insurance Program through March 20, 1997 and shall supersede all previous laws adopted forthe purpose of flood damage pre- vention. In their interpretation and application, the provisions ofthis local law shall be held to be mini- mum requirements, adopted forthe promotion ofthe public health, safety, and welfare. When- ever the requirements of this local law are at variance with the requirements of any other law- fully adopted rules, regulations, ordinances, or local laws, the most restrictive, or that imposing the higher standards, shall govern. ---PAGE BREAK--- 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 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 local law and any other applicable regulations. Any infi-action of the provisions of this local law by failure to comply with any of its requirements, including infi-actions of conditions and safeguards established in connection with conditions ofthe 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 of Victory from taking such other lawful action as nec- essary to prevent or remedy an infi-action. Any structure found not compliant with the require- ments of this local law for which the developer and/or owner has not apphed for and received an approved variance under Section 6.0 will be declared non-compliant 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 can and will oc- ciu 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 pemiitted within such areas will be fi*ee fi-om flooding or flood damages. This local law shall not create liability on the part of the Town of Victory , any officer or employee thereof, or the Federal Emergency Management Agency, for any flood damages that result firom reliance on this local law or any administrative decision lawfully made thereunder. SECTION 4.0 ADMINISTRATION 4.1 DESIGNATION OF THE LOCAL ADMINISTRATOR The Code Enforcement Officer is hereby appointed Local Administrator to administer and implement this local law by granting or denying floodplain development permits in accordance with its provisions. 4.2 THE FLOODPLAIN DEVELOPMENT PERMIT 4.2-1 PURPOSE A floodplain development permit is hereby established for all construction and other devel- opment to be undertaken in areas of special flood hazard in this community for the purpose ---PAGE BREAK--- of protecting its citizens fi-om increased flood hazards and insuring that new development is constructed in a manner that minimizes its exposure to flooding. It shall be unlawful to un- dertake any development in an area of special flood hazard, as shown on the Flood Insur- ance Rate Map enumerated in Section 3.2, without a valid floodplain development permit. Applicafion for a pennit shall be made on forms fumished by the Local Administrator and may include, but not be limited to: plans, in duplicate, drawn to scale and showing: the na- ture, location, dimensions, and elevations of the area in question; existing or proposed struc- tures, fill, storage of materials, drainage facilities, and the location ofthe foregoing. 4.2-2 FEES All applications for a floodplain development permit shall be accompanied by an application fee of $ 100.00 . In addition, the applicant shall be responsible for reimbursing the Town of Victory for any additional costs necessary for review, in- spection and approval ofthis projeci. The Local Administrator may require a deposit of no more than $500.00 to cover these additional costs. 4.3 APPLICATION FOR A PERMIT The applicant shall provide the following information as appropriate. Additional information may be required on the permit application form. The proposed elevation, in relation to mean sea level, ofthe lowest floor (including base- ment or cellar) of any new or substantially improved structure to be located in Zones A l - 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. The proposed elevation, in relation to mean sea level, to which any new or substantially im- proved non-residential structure will be floodproofed. Upon completion ofthe floodproofed portion ofthe structure, the permitee shall submit to the Local Administrator the as-built floodproofed elevation, certified by a professional engineer or surveyor. A certificate fi-om a licensed professional engineer or architect that any utility floodproofing wil] meet the criteria in Secfion 5.2-3, UTILITIES. A ceriificate fi'om a licensed professional engineer or architect that any non-residential floodproofed structure will meet the floodproofing criteria in Section 5.4, NON-RESIDEN- TIAL STRUCTURES. A description ofthe extent to which any watercourse will be altered or relocated as a result of proposed development. Computations by a licensed professional engineer must be sub- mitted 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, compu- tations or other material required by the Federal Emergency Management Agency (FEMA) to revise the documents enumerated in Section 3.2, when notified by the Local Administra- tor, and must pay any fees or olher cosls assessed by FEMA for this purpose. The applicani must also provide assurances that the conveyance capacity of the altered or relocated stream seement will be maintained. ---PAGE BREAK--- A technical analysis, by a licensed professiona] engineer, if required by the Local Adminis- trator, which shows whether proposed development to be located in an area of special flood hazard may result in physical damage to any other property, 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 vehi- cle parks and subdivisions) that are greater than either 50 lots or 5 acres. 4.4 DUTIES AND RESPONSIBILITIES OF THE LOCAL ADMINISTRATOR Dufies of the Local Administrator shall include, but not be limited to the following. 4.4-1 PERMIT APPLICATION REVIEW The Local Administrator shall conduct the following permit application review before issu- ing a floodplain development permit: Review all applications for completeness, particularly with the requirements of sub- section 4.3, APPLICATION FOR A PERMIT, and for compliance with the provisions and standards of this law. 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 Section 5.0, CONSTRUCTION STANDARDS and, in particular, sub-section 5.1-1 SUBDIVISION PROPOSALS. Determine whether any proposed development in an area of special flood hazard may resuh in physical damage to any other property stream bank erosion and in- creased 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 Secfion 5.0, CONSTRUCTION STANDARDS, no permit shall be issued. The applicant may revise the application to include measures that mitigate or eliminate the adverse effects and re-submit the application. Determine that all necessary permits have been received fi-om those govemmental agencies fi'om which approval is required by State or Federal law. 4.4-2 USE OF OTHER FLOOD DATA 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 fi-om a Fed- 10 ---PAGE BREAK--- eral, State or other source, including data developed pursuant to paragraph 4.3(7), as criteria for requiring that new construction, substantial improvements or other pro- posed development meet the requirements ofthis law. When base flood elevation data are not available, the Local Administrator may use flood information fi-om any other authoritative source, such as historical data, to estab- hsh flood elevations within the areas of special flood hazard, for the purposes of this law. 4.4-3 ALTERATION OF WATERCOURSES Notification to adjacent communities and the New York State Department of Envi- ronmental Conservation prior to permitting any alteration or relocation of a water- course, and submittal of evidence ofsuch notification to the Regional Director, Region II, Federal Emergency Management Agency. Determine that the permit holder has provided for maintenance within the altered or relocated portion of said watercourse so that the flood carrying capacity is not dimin- ished. 4.4-4 CONSTRUCTION STAGE In Zones A1-A30, AE and AH, and also Zone A if base flood elevation data are avail- able, upon placement of the lowest floor or completion of floodproofing of a new or substantially improved structure, obtain from the permit holder a certification ofthe as-built elevation ofthe lowest floor or floodproofed elevation, in relation to mean sea level. The certificate shall be prepared by or under the direct supervision of a hcensed land surveyor or professional engineer and certified by same. For manufactured homes, the permit holder shall submit the certificate of elevation upon placement of the structure on the site. A certificate of elevation must also be submitted for a recre- ational vehicle if it remains on a site for 180 consecutive days or longer (unless it is fully Hcensed and ready for highway use). 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 pro- ject unless immediately corrected. 4.4-5 INSPECTIONS The Local Administrator and/or the developer's engineer or architect shall make periodic in- spections at appropriate times throughout the period of construction in order to monitor compliance with permit conditions and enable said inspector to certify, if requested, that the development is in compliance with the requirements of the floodplain development permit and/or any variance provisions. 11 ---PAGE BREAK--- 4.4-6 STOP WORK ORDERS The Local Administrator shall issue, or cause to be issued, a stop work order for any flood- plain development found ongoing without a development permit Disregard of a stop work order shall subject the violator to the penalties described in Section 3.5 ofthis local law. The Local Administrator shall issue, or cause to be issued, a stop work order for any flood- plain development found non-compliant with the provisions of this law and/or the conditions of the development permit. Disregard of a stop work order shall subject the violator to the penalties described in Section 3.5 of this local law. 4.4-7 CERTIFICATE OF COMPLIANCE In areas of special flood hazard, as determined by documents enumerated in Section 3.2, it shall be unlawful to occupy or to permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted or wholly or partly altered or enlarged in its use or structure until a certificate of compli- ance has been issued by the Local Administrator stating that the building or land con- forms to the requirements of this local law. A certificate of compliance shall be issued by the Local Administrator upon satisfac- tory completion of all development in areas of special flood hazard. Issuance of the certificate shall be based upon the inspections conducted as prescribed in Section 4.4-5, INSPECTIONS, and/or any certified elevations, hydraulic data, floodproofing, anchoring requirements or encroachment analyses which may have been required as a condition of the approved permit. 4.4-8 INFORMATION TO BE RETAINED The Local Administrator shall retain and make available for inspection, copies of the follow- ing: Floodplain development permits and certificates of compliance; Certifications of as-built lowest floor elevations of structures, required pursuant to sub-sections 4.4-4(1) and 4.4-4(2), and whether or not the structures contain a base- ment; Floodproofing certificates required pursuant to sub-section 4.4-4(1), and whether or not the structures contain a basement; Variances issued pursuant to Section 6.0, VARIANCE PROCEDURES; and, Notices required under sub-section 4.4-3, ALTERATION OF WATERCOURSES. SECTION 5.0 12 ---PAGE BREAK--- CONSTRUCTION STANDARDS 5.1 GENERAL STANDARDS 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 Section 3.2. 5.1-1 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 ve- hicle parks and subdivisions): Proposals shall be consistent with the need to minimize flood damage; Pubhc utilities and facilities such as sewer, gas, electrical and water systems shall be located and constructed so as to minimize flood damage; and, Adequate drainage shall be provided to reduce exposure to flood damage. 5.1-2 ENCROACHMENTS 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: the applicant demonstrates that the cumulative effect ofthe proposed devel- opment, 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, (ii) the Town pf Victory agrees to apply to the Federal Emergency Management Agency (FEMA)for a conditional FIRM revision, FEMA approval is received and the apphcant provides all necessary data, analy- ses and mapping and reimburses the Town of Victory for all fees and other costs in relation to the application. The applicant must also provide all data, analyses and mapping and reimburse the Town of Victory for all costs related to the final map revision. On streams with a regulatory floodway, as shown on the Flood Boundary and Flood- way Map or the Flood Insurance Rate Map adopted in Section 3.2, no new construc- tion, substantial improvements or other development in the floodway (including fill) shall be permitted unless: a technical evaluation by a licensed professional engineer shows that such an encroachment shall not result in any increase in flood levels during occurrence ofthe base flood, or. 13 ---PAGE BREAK--- (ii) the Town of Victory agrees to apply to the Federal Emergency Management Agency (FEMA) for a conditional FIRM and floodway revision, FEMA approval is received and the applicant provides all necessary data, analyses and mapping and reimburses the Town of Victory for all fees and other costs in relation to the application. The applicant must also provide all data, analyses and mapping and reimburse the Town of Victory for all costs related to the final map revisions. 5.2 STANDARDS FOR ALL STRUCTURES 5.2-1 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 re- sisting wind forces. 5.2-2 CONSTRUCTION MATERIALS AND METHODS New construction and substantial improvements to structures shall be constructed with materials and utiiity equipment resistant to flood damage. New construction and substanfial improvements to structures shall be constructed us- ing methods and practices that minimize flood damage. For enclosed areas below the lowest floor ofa 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 fiilly enclosed areas below the lowest floor that are use- able 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 hydro- static flood forces on exterior walls by allowing for the entry and exit of flood waters. Designs for meeting this requirement must either be certified by a licensed profes- sional engineer or architect or meet or exceed the following minimum criteria: a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; and (ii) the bottom of all such openings no higher than one foot above the lowest ad- jacent finished grade. 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 sub- grade on all sides are considered basements and are not permitted. 5.2-3 UTILITIES New and replacement electrical equipment, heating, venfilating, air conditioning, plumbing connections, and other service equipment shall be located at or above the base flood elevation. Electrical wiring and outlets, switches, junction boxes and pan- 14 ---PAGE BREAK--- els shall be elevated to or above the base flood elevation unless they conform to the appropriate provisions ofthe electrical part ofthe Building Code of New York State or the Residential Code of New York State for location of such items in wet locations; New and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system; New and replacement sanitary sewage systems shall be designed to minimize or elimi- nate infiltration of flood waters. Sanitary sewer and storm drainage systems for build- ings that have openings below the base flood elevation shall be provided with auto- matic backflow valves or other automafic backflow devices that are installed in each discharge hne passing through a building's exterior wall; and, On-site waste disposal systems shall be located to avoid impairment to them or con- tamination from them during flooding. 5.3 RESIDENTIAL STRUCTURES 5.3-1 ELEVATION The following standards, in addition to the standards in sub-sections 5.1-1, SUBDIVISION PROPOSALS, and 5.1-2, ENCROACHMENTS, aad Section 5.2, STANDARDS FOR ALL STRUCTURES, apply to structures located in areas of special flood hazard as indicated. Within Zones A1-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 level. 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. 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 Section 3,2 (at least two feet if no depth number is specified). Within Zones AH and AO, adequate drainage paths are required to guide flood waters around and away from proposed structures on slopes, 5.4 NON-RESIDENTIAL STRUCTURES The following standards apply to new and substantially improved commercial, industrial and other non-residential structures, in addition to the requirements in sub-sections 5.1-1, SUBDIVISION PROPOSALS, and 5.1-2, ENCROACHMENTS, and Section 5.2, STANDARDS FOR ALL STRUCTURES. 15 ---PAGE BREAK--- Within Zones A1-A30, AE and AH, and also Zone A if base flood elevation data are avail- able, new construction and substantial improvements of any non-residential structure, to- gether with attendant utility and sanitary facilifies, shall either: have the lowest floor, including basement or cellar, elevated to or above two feet above the base flood elevation; or (ii) be floodproofed so that the structure is watertight below two feet above the base flood level with walls substantially impermeable to the passage of water. All structur- al components located below the base flood level must be capable of resisting hydro- static and hydrodynamic loads and the effects of buoyancy. Within Zone AO, new construction and substantial improvements of non-residential struc- tures 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 FIRM (at ieast two feet if no depth number is specified), or (ii) together with attendant utility and sanitary facilities, be completely floodproofed to that level to meet the floodproofing standard specified in sub-section 5.4(l)(ii) Ifthe structure is to be floodproofed, a licensed professional engineer or architect shall de- velop and/or review structural design, specifications, and plans for construction. A Flood- proofing 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 Section 5.4(l)(ii), including the specific elevation (in relation to mean sea level) to which the structure is to be floodproofed. Within Zones AH and AO, adequate drainage paths are required to guide flood waters around and away from proposed structures on slopes. 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. 5.5 MANUFACTURED HOMES AND RECREATIONAL VEHICLES The following standards in addition to the standards in Section 5.1, GENERAL STANDARDS, and Section 5.2, STANDARDS FOR ALL STRUCTURES apply, as indicated, in areas of special flood hazard to manufactured homes and to recreational vehicles which are located in areas of special flood hazard. Recreational vehicles placed on sites within Zones A1-A30, AE and AH shall either: be on site fewer than 180 consecutive days, (ii) be fully licensed and ready for highway use, or (iii) meet the requirements for manufactured homes in paragraphs 5.5(2), and 16 ---PAGE BREAK--- A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is at- tached to the site only by quick disconnect type utilities and security devices and has no permanently attached additions. 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 the base flood elevation and is securely anchored to an adequately anchored founda- tion system to resist flotation, collapse and lateral movement. Within Zone A, when no base fiood elevation data are available, new and substantially im- proved 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 ade- quately anchored foundation system to resist flotation, collapse or lateral movement. Within Zone AO, the floor shall be elevated above the highest adjacent grade at least as high as the depth number specified on the Flood Insurance Rate Map enumerated in Section 3.2 (at least two feet if no depth number is specified). SECTION 6.0 VARIANCE PROCEDURE 6.1 APPEALS BOARD The .Zoning Board of AppeglI,^^t)hshed by the Town of V.V.torv shall hear and decide appeals and requests for variances from the requirements ofthis local law. The Board of. AppealSI^^ decide appeals when it is alleged there is an er- ror in any requirement, decision, or determination made by the Local Administrator in the enforcement or administration of this local law. ™ • ^ , Zoning Board of Appeals , i , • Those aggneved by the decision of the . - may appeal such deci- sion to the Supreme Court pursuant to Article 78 ofthe Civil Practice Law and Rules. y r • , • , Zoning Board of Appeals „ „ , . , In passing upon such applications, the • , snail consider all technical evaluations, all relevant factors, standards specified in other sections of this local law and: 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 ofthe 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 lo the commu- nity; 17- ---PAGE BREAK--- the necessity to the facility of a waterfront location, where apphcable; (vi) the availability of altemative locations for the proposed use which are not subject to flooding or erosion damage; (vii) the compatibility ofthe proposed use with existing and anticipated development; (viii) the relationship of the proposed use to the comprehensive plan and floodplain management program of that area; (ix) the safety of access to the property in times of flood for ordinary and emergency vehicles; the costs to local govemments 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 ofthe flood waters and the effects of wave action, if applicable, expected at the site; and (xii) the costs of providing govemmental services during and after flood conditions, including search and rescue operations, maintenance and repair of public utihties and facilities such as sewer, gas, electrical, and water systems and streets and bridges. Upon considerafion of the factors of Section 6.1(4) and the purposes of this local law, the Zoning Board of Appeals rnay attach such conditions to the granting of variances as it deems necessary to further the purposes ofthis local law. The Local Administrator shall maintain the records of all appeal actions including technical information and report any variances lo the Federal Emergency Management Agency upon request. 6.2 CONDITIONS FOR VARIANCES 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 ex- isfing structures below the base flood level, providing items (i-xn) in Secfion 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. Variances may be issued for the repair or rehabilitation ofhistoric upon determi- nation that: the proposed repair or rehabilitafion will not preclude the confinued des- ignation as a "Historic (ii) the variance is the minimum necessary to preserve the historic character and de- sign of the 18 ---PAGE BREAK--- Variances may be issued by a community for new and substantial improve- ments and for other development necessary for the conduct of a functionally dependent use provided that: the criteria of subparagraphs 1, 4, 5, and 6 of this Section are met; (ii) the or other deveiopment is protected by methods that minimize flood damages during the base flood and create no additional threat to public safety. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. Variances shall only be issued upon a determination thai the variance is the minimum neces- sary, considering the flood hazard, to afford relief. Variances shall only be issued upon receiving written justificafion ofi a showing of good and sufficient cause; (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 pubhc safety, extraordinary public expense, create nui- sances, cause fraud on or victimization ofthe pubhc or conflict with existing local laws or ordinances. Any apphcant to whom a variance is granted for a building with the lowest floor below the base flood elevation shall be given written notice over the signature of a community official that: the issuance of a variance to a below the base flood level will re- sult in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage; and (ii) such below the base flood level increases risks to life and property. Such notification shall be maintained with the record of all variance actions as required in Section 4.4-8 of this Local Law. 19 ---PAGE BREAK--- Be it enacted this day of 20 07 by the Town Board ofthe Town of V i c t o r y Cayuga County, New York, to be effective Tmmediafely upon f i l i n g w i t h the New York Stato 'Secretary of State. SEAL ATTEST CLERK ---PAGE BREAK--- Attachment A MODEL FLOODPLAIN DEVELOPMENT APPLICATION FORM ---PAGE BREAK--- APPLICATION # Page 1 of 4 FLOODPLAIN DEVELOPMENT PERMIT APPLICATION This form is to be filled out in duplicate. SECTION 1: GENERAL PROVISIONS rAPPUCANT to read and sign): , 1. No work may start until a pemiit is issued. 2. The pemiit may be revoked if any false statements are made herein. 3. If revoked, all work must cease until pemiit is re-issued. 4. Development shall not be used or occupied until a Certificate of Compliance is issued. 5. The permit is invalid if no work is commenced within six months of issuance, and expires 2 years from date of issu- ance. 6. AppUcant is hereby informed that other permits may be required to fulfill local, state and federal regulatory re- quirements. 7. Applicant hereby gives consent to the Local Administrator or his/her representative to make reasonable inspections required to verify compliance. 8. I, THE APPLICANT, CERTIFY THAT ALL STATEMENTS HEREIN AND IN ATTACHMENTS TO THIS APPLICATION ARE, TO THE BEST OF MY KNOVv^LEDGE, TRUE AND ACCURATE. (APPLICANT'S SIGNATURE) DATE SECTION 2: PROPOSED DEVELOPMENT (To be completed bv APPLICANT) NAME ADDRESS TELEPHONE APPLICANT BUILDER ENGINEER PROJECT LOCATION: To avoid delay in processing the application, please provide enough information to easily identify the project location. Pro- vide the street address, lot number or legal description (attach) and, outside urban areas, the distance to the nearest intersect- ing road or well-known landmark. A map attached to this application, and a sketch showing the project layout would be helpful. ---PAGE BREAK--- APPLICATION # PAGE 2 of 4 DESCRIPTION OF WORK all applicable boxes): A. STRUCTURAL DEVELOPMENT ACTIVITY STRUCTURE TYPE • New • Residential (I -4 Family) • Addition • Residential (More than 4 Family) • Alteration • Non-residential (Floodproofmg? • Yes) • Relocation • Combined Use (Residential & Commercial) • Demolition • Manufactured (Mobile) Home • Replacement (In Manufactured Home Park? • Yes • No) ESTIMATED COST OF PROJECT $ B. OTHER DEVELOPMENT ACTIVITIES: • Fill • Mining • Drilling Q Grading • Excavation (Except for Development Checked Above) • Watercourse Alteration (Including Dredging and Channel Modifications) • Drainage Improvements (Including Culvert Work), Stormwater Control Structures or Ponds • Road, Street or Bridge • Subdivision (New or Expansion) • Individual Water or Sewer System • Other (Please Specify) After completmg SECTION 2, APPLICANT should submit form to Local Administrator for review. SECTIONS: FLOODPLAIN DETERMINATION fTo be completed bv LOC AL ADMINISTRATOR) The proposed development is located on FIRM Panel No. , Dated . The Proposed Development: • The proposed development is reasonably safe from flooding. Entire property is in Zone B, C or X. • The proposed development is in adjacent to a flood prone area. 100-Year flood elevation at the site is: Ft 1929/ DNAVD 1988 (MSL) • Unavailable • See Section 4 for additional for development that is or may be in a flood prone area. SIGNED DATE ---PAGE BREAK--- APPLICATION # PAGE 3 of 4 SECTION 4: ADDITIONAL INFORMATION REOUIRED (To be completed bv LOCAL ADMINISTRATOR) The applicant must submit the documents checked beiow before the application can be processed: • A site plan showing the location of all existing water bodies, adjacent roads, lot dimensions and pro- posed development • Development plans and specifications, drawn to scale, including where applicable: details for anchoring stmc- tures, proposed elevation of lowest floor (including basement), types of water resistant materials used below the fust fioor, details of floodproofing of utilities located below the first floor, details of enclosures below the first floor, openings in foundation for entry and exit of floodwaters. Other • Elevation Cettificate • Subdivision or other development plans (Ifthe subdivision or other development exceeds 50 lots or 5 acres, whichever is the lesser, the applicant must provide 100-year flood elevations if they are not otherwise avail- able). • Plans showing the watercourse location, proposed relocations, Floodway location. • Topographic information showing existing and proposed grades, location of all proposed fill. • Top ofnew fill ele vation Ft • NGVD 1929/ • NAVD 1988 (MSL) • PE Certification of Soil Con^action • Floodproofmg protection level (non-residential only) • NGVD 1929/ • NAVD 1988 (MSL) For floodproofed applicant must attach certification from registered engineer or architect. • Other: SECTION 5: PERMIT DETERMINATION (To be completed bv LOCAL ADMINISTRATOR) I have detemiined that the proposed activity: A. • Is B. • Is not in conformance with provisions of Local Law # , (yr) . This permit is herby issued subject to the condi- tions attached to and made part ofthis pennit. SIGNED , DATE If BOX A is checked, the Local Administrator may issue a Development Permit upon payment of designated fee. If BOX B is checked, the Local Administrator will provide a written summary of deficiencies. Applicant may revise and resubmit an application to the Local Administrator or may request a hearing from the Board of Appeals. Expiration Date: ---PAGE BREAK--- APPLICATION # Page 4 of 4 APPEALS: Appealed to Board of Appeals? OYes DNo Hearing date: Appeals Board Decision — Approved? • Yes • No Conditions: SECTION 6: AS-BUTLT ELEVATIONS (To be submitted bv APPLICANT before Certificate of Compliance is issued) The following infomiation must be provided for project This section must be completed by a registered profes- sional engineer or a licensed land surveyor (or attach a certification to this application). Complete 1 or 2 below. 1. Actual (As-Built) Elevation ofthe top of the lowest floor, including basement (in Coastal High Hazard Areas, bot- tom of lowest member ofthe lowest floor, excluding piling and columns) is: FT. D NGVD 1929/ • NAVD 1988 (MSL). Attach Elevation Certificate FEMA Form 81-31 2. Actual (As-Built) Elevation of floodproofmg protection is FT. • NGVD 1929/ • NAVD 1988 (MSL). Attach Floodproofing Certificate FEMA Form 81-65 NOTE: Any work performed prior to submittal ofthe above information is at the risk of the Applicant. SECTION 7: COMPLIANCE ACTION (To be completed bv LOCAL ADMINISTRATOR) The LOCAL ADMINISTRATOR will complete this section as applicable based on inspection ofthe project to ensure com- pliance with the community's local law for flood damage prevention. INSPECTIONS: DATE BY DEFICIENCIES? DYES DNO DATE BY DEFICIENCIES? DYES DNO DATE BY DEFICIENCIES? DYES ONO SECTION 8: CERTIFICATE OF COMPLIANCEfTo be completed bv LOCAL ADMINISTRATOR) Certiflcate of Compliance issued: DATE: BY: ---PAGE BREAK--- Attachment B SAMPLE CERTIFICATE OF COMPLIANCE for Development in a Special Flood Hazard Area ---PAGE BREAK--- CERTIFICATE OF COMPLIANCE FOR DEVELOPMENT IN A SPECIAL FLOOD HAZARD AREA (Owner Must Retain This Certificate) Premises located at: Ovraer: Owner's Address: Permit No. Permit Date:^ Check One: New Buiiding Existing Building Fill Other: The Local Floodplain Administrator is to complete a. or b. below: a. Comphance is hereby certified with the requirements of Local Law No. , (yr) . Signed: Dated: b. Compliance is hereby certified with the requirements of Local Law No. , (yr) , as modi- fied by variance no. , dated . Signed: Dated;