[HISTORY: Adopted by the Town Board of the
Town of Wawarsing 3-24-1987 as L.L. No. 2-1987.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Fire Prevention and Building Code administration — See
Ch. 61.
Subdivision of land — See Ch. 95.
Zoning — See Ch. 112.
[1]:
Editor's Note: This local law superseded former
Ch. 64, Flood Damage Prevention, adopted 6-2-1983 as L.L. No. 2-1983.
§ 64-1 Findings.
§ 64-2 Purpose.
§ 64-3 Objectives.
§ 64-4 Word usage; definitions.
§ 64-5 Applicability.
§ 64-6 Basis for establishing areas of special flood hazard.
§ 64-7 Interpretation; conflict with other provisions.
§ 64-8 Penalties for offenses.
§ 64-9 Warning and disclaimer of liability.
§ 64-10 Designation of local administrator.
§ 64-11 Development permit.
§ 64-12 Powers and duties of local administrator.
§ 64-13 General standards.
§ 64-14 Specific standards.
§ 64-15 Floodways.
§ 64-16 Appeals board.
§ 64-17 Conditions for variances.
§ 64-1 Findings.
The Town Board of the Town of Wawarsing of Ulster
County finds that the potential and/or actual damages from flooding
and erosion may be a problem to the residents of the Town of Wawarsing
and that such damages may include the destruction or loss of private
and public housing, damage to public facilities, both publicly and
privately owned, and injury to and loss of human life. In order to
minimize the threat of such damages and to achieve the purposes and
objectives hereinafter set forth, this chapter is adopted.
§ 64-2 Purpose.
It is the purpose of this chapter to promote
the public health, safety and general welfare and to minimize public
and private losses due to flood conditions in specific areas by provisions
designed to:
A.
Regulate uses which are dangerous to health, safety
and property due to water or erosion hazards or which result in damaging
increases in erosion or in flood heights or velocities.
B.
Require that uses vulnerable to floods, including
facilities which serve such uses, be protected against flood damage
at the time of initial construction.
C.
Control the alteration of natural floodplains, stream
channels and natural protective barriers which are involved in the
accommodation of floodwaters.
D.
Control filling, grading, dredging and other development
which may increase erosion or flood damages.
E.
Regulate the construction of flood barriers which
will unnaturally divert floodwaters or which may increase flood hazards
to other lands.
F.
Qualify and maintain for participation in the National
Flood Insurance Program.
§ 64-3 Objectives.
The objectives of this chapter are to:
A.
Protect human life and health.
B.
Minimize expenditure of public money for costly flood-control
projects.
C.
Minimize the need for rescue and relief efforts associated
with flooding and generally undertaken at the expense of the general
public.
D.
Minimize prolonged business interruptions.
E.
Minimize damage to public facilities and utilities,
such as water and gas mains; electric, telephone and sewer lines;
and streets and bridges, located in areas of special flood hazard.
F.
Help maintain a stable tax base by providing for the
sound use and development of areas of special flood hazard so as to
minimize future flood-blight areas.
G.
Provide that developers are notified that property
is in an area of special flood hazard.
H.
Ensure that those who occupy the areas of special
flood hazard assume responsibility for their actions.
§ 64-4 Word usage; definitions.
A.
Unless specifically defined below, words or phrases
used in this chapter shall be interpreted so as to give them the meanings
they have in common usage and to give this chapter its most reasonable
application.
B.
As used in this chapter, the following terms shall
have the meanings indicated:
- APPEAL
- A request for a review of the local administrator's interpretation of any provision of this chapter or a request for a variance.
- AREA OF SHALLOW FLOODING
- 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
- 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, A1 through A99, V, VO, VE or VI through V30. It is also commonly referred to as the "base floodplain" or "one-hundred-year floodplain."
- BASE FLOOD
- The flood having a one-percent chance of being equaled or exceeded in any given year.
- BASEMENT
- That portion of a building having its floor subgrade (below ground level) on all sides.
- BREAKAWAY WALL
- 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
- Any structure built for support, shelter or enclosure for occupancy or storage.
- CELLAR
- The same meaning as "basement"
- COASTAL HIGH-HAZARD AREA
- The area subject to high-velocity waters, including but not limited to hurricane wave wash. The area is designated on a FIRM as Zone VI through V30, VE, VO or V.
- DEVELOPMENT
- Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, paving, excavation or drilling operations, located within the area of special flood hazard.
- ELEVATED BUILDING
- A nonbasement building built to have the lowest floor elevated above the ground level by means of fill, solid foundation perimeter walls, pilings, columns (posts and piers) or sheer walls.
- FLOOD BOUNDARY AND FLOODWAY MAP (FBFM)
- An official map of the community, published by the Federal Emergency Management Agency as part of a riverine community's Flood Insurance Study. The "FBFM" delineates a regulatory floodway along watercourses studied in detail in the Flood Insurance Study.
- FLOOD or FLOODING
- A general and temporary condition of partial or complete inundation of normally dry land areas from:
- FLOOD HAZARD BOUNDARY MAP (FHBM)
- 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)
- 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
- 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.
- FLOODPROOFING
- Any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
- FLOODWAY
- The same meaning as "regulatory floodway."
- FLOOR
- The top surface of an enclosed area in a building, including basement, i.e., the top of the slab in concrete-slab construction or the top of wood flooring in wood frame construction.
- FUNCTIONALLY DEPENDENT USE
- A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water, such as a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding and ship repair. The term does not include long-term storage, manufacture, sales or service facilities.
- HIGHEST ADJACENT GRADE
- The highest natural elevation of the ground surface, prior to construction, next to the proposed walls of a structure.
- LOWEST FLOOR
- The lowest level, including basement or cellar, of the lowest enclosed area. An unfinished or flood-resistant enclosure, usable solely for the parking of vehicles, building access or storage, in an area other than a basement is not considered a building's "lowest floor," provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this chapter.
- MANUFACTURED HOME
- 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
- For purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929, or other data, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced.
- MOBILE HOME
- The same meaning as "manufactured home."
- NATIONAL GEODETIC VERTICAL DATUM (NGVD)
- As corrected in 1929, a vertical control used as a reference for establishing varying elevations within the floodplain.
- NEW CONSTRUCTION
- Structures for which the start of construction commenced on or after the effective date of this chapter.
- ONE-HUNDRED-YEAR FLOOD
- The same meaning as "base flood."
- PRINCIPALLY ABOVE GROUND
- At least 51% of the actual cash value of the structure, excluding land value, is above ground.
- REGULATORY FLOODWAY
- 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 § 64-12B of this chapter.
- SAND DUNES
- Naturally occurring accumulations of sand in ridges or mounds landward of the beach.
- START OF CONSTRUCTION
- The initiation, excluding planning and design, of any phase of a project or physical alteration of the property, and shall include land preparation, such as clearing, grading and filling; installation of streets and/or walkways; excavation for a basement, footings, piers or foundations; or the erection of temporary forms. It also includes the placement and/or installation on the property of accessory buildings (garages, sheds), storage trailers and building materials. For manufactured homes, the "actual start" means the affixing of the manufactured home to its permanent site.
- STRUCTURE
- A walled and roofed building, a manufactured home or a gas- or liquid-storage tank that is principally above ground.
- SUBSTANTIAL IMPROVEMENT
- Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either before the improvement or repair is started or, if the structure has been damaged and is being restored, before the damage occurred. For the 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 any project for the improvement of a structure to comply with existing state or local building, fire, health, sanitary or safety code specifications which are solely necessary to assure safe living conditions or any alteration of a structure or contributing structure listed on the National Register of Historic Places or a State Inventory of Historic Places.
- VARIANCE
- A grant of relief from the requirements of this chapter which permits construction or use in a manner that would otherwise be prohibited by this chapter.
§ 64-5 Applicability.
This chapter shall apply to all areas of special
flood hazard within the jurisdiction of the Town of Wawarsing.
§ 64-6 Basis for establishing areas of special flood hazard.
[Amended 7-6-1989 by L.L. No. 3-1989]
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 Wawarsing,
New York, Ulster County," dated March 15, 1983, with Flood Insurance
Rate Maps enumerated on Map Index No. 360867 0001-0075, dated September
15, 1983, and with accompanying Flood Boundary and Floodway Maps enumerated
on Map Index No. 360867 0001-0005 dated September 15,1983. The Flood
Insurance Study and maps are on file at the Town of Wawarsing Building
Department.
§ 64-7 Interpretation; conflict with other provisions.
A.
This chapter 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 of establishing
and maintaining eligibility for flood insurance.
B.
In their interpretation and application, the provisions
of this chapter shall be held to be minimum requirements, adopted
for the promotion of the public health, safety and welfare. Whenever
the requirements of this chapter are at variance with the requirements
of any other lawfully adopted rules, regulations or ordinances, the
most restrictive, or that imposing the higher standards, shall govern.
§ 64-8 Penalties for offenses.
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 chapter and any other applicable regulations. Any infraction of the provisions of this chapter by failure to comply with any of its requirements, including infractions of conditions and safeguards established in connection with conditions of the permit, shall constitute a violation. Any person who violates this chapter or fails to comply with any of its requirements shall, upon conviction thereof, be fined no more than $250 or be 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 Town of Wawarsing from taking such other lawful action as necessary to prevent or remedy an infraction. Any structure found not compliant with the requirements of this chapter, for which the developer and/or owner has not applied for and received an approved variance under §§ 64-16 and 64-17, will be declared noncompliant and notification sent to the Federal Emergency Management Agency.
§ 64-9 Warning and disclaimer of liability.
The degree of flood protection required by this
chapter is considered reasonable for regulatory purposes and is based
on scientific and engineering considerations. Larger floods can and
will occur on rare occasions. Flood heights may be increased by man-made
or natural causes. This chapter does not imply that land outside the
area of special flood hazard or that uses permitted within such areas
will be free from flooding or flood damages. This chapter shall not
create liability on the part of the Town of Wawarsing or any officer
or employee thereof, or the Federal Emergency Management Agency, for
any flood damages that result from reliance on this chapter or any
administrative decision lawfully made thereunder.
§ 64-10 Designation of local administrator.
The Town of Wawarsing Code Enforcement Officer
is hereby appointed local administrator to administer and implement
this chapter by granting or denying development permit applications
in accordance with its provisions.
§ 64-11 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 § 64-6. Application for a development permit shall be made on forms furnished by the local administrator and may include but not be limited to plans, in duplicate, drawn to scale and showing the nature, location, dimensions and elevations of the area in question; existing or proposed structures; fill; storage of materials; drainage facilities; and the location of the foregoing.
A.
Application stage. The following information is required
where applicable:
(1)
Elevation, in relation to mean sea level, of the proposed
lowest floor, including basement or cellar, of all structures.
(2)
Elevation, in relation to mean sea level, to which
any nonresidential structure will be floodproofed.
(3)
When required, a certificate from a licensed professional engineer or architect that the utility floodproofing will meet the criteria in § 64-13C(1).
(4)
A certificate from a licensed professional engineer or architect that the nonresidential floodproofed structure will meet the floodproofing criteria in § 64-14.
(5)
Description of the extent to which any watercourse
will be altered or relocated as a result of proposed development.
B.
Construction stage. Upon placement of the lowest floor
or floodproofing by whatever means, it shall be the duty of the permit
holder to submit to the local administrator a certificate of the elevation
of the lowest floor or floodproofed 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 the same. When floodproofing is utilized
for a particular building, the floodproofing certificate shall be
prepared by or under the direct supervision of a licensed professional
engineer or architect and certified by the same. 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.
§ 64-12 Powers and duties of local administrator.
Duties of the local administrator shall include
but not be limited to:
A.
Permit application review. The local administrator
shall:
(1)
Review all development permit applications to determine
that the requirements of this chapter 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 chapter, "adversely affects"
means physical damage to adjacent properties. An engineering study
may be required of the applicant for this purpose.
B.
Use of other base flood and floodway data. When base flood elevation data has not been provided in accordance with § 64-6, Basis for establishing 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 souurce, including data developed pursuant to § 64-13D(4), in order to administer § 64-14, Specific standards, and § 64-15, Floodways.
C.
Information to be obtained and maintained. The local
administrator shall:
(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.
(3)
Maintain for public inspection all records pertaining
to the provisions of this chapter, including variances, when granted,
and certificates of compliance.
D.
Alteration of watercourses. The local administrator
shall:
(1)
Notify adjacent communities and the New York State
Department of Environmental Conservation prior to any alteration or
relocation of a watercourse and submit evidence of such notification
to the Regional Director, Federal Emergency Management Agency, Region
II, 26 Federal Plaza, New York, New York 10278.
(2)
Require that maintenance is provided within the altered
or relocated portion of said watercourse so that the flood-carrying
capacity is not diminished.
E.
Interpretation of FIRM boundaries.
(1)
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.
(3)
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 hazard when base
flood elevations are not available.
F.
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 § 64-8 of this chapter.
(2)
All floodplain development found noncompliant with the provisions of this law and/or the conditions of the approved permit shall be subject to the issuance of a stop-work order by the local administrator. Disregard of a stop-work order shall be subject to the penalties described in § 64-8 of this chapter.
G.
Inspections. The local administrator and/or the developer's
engineer or architect shall make periodic inspections at appropriate
times throughout the period of construction in order to monitor compliance
with permit conditions and enable said inspector to certify that the
development is in compliance with the requirements of either the development
permit or the approved variance.
H.
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 chapter.
(2)
All other development occurring within the designated
flood hazard area will have, upon completion, a certificate of compliance
issued by the local administrator.
§ 64-13 General standards.
In all areas of special flood hazard, the following
standards are required:
A.
Anchoring.
(1)
All new construction and substantial improvements
shall be anchored to prevent flotation, collapse or lateral movement
of the structure.
(2)
All manufactured homes shall be installed using methods
and practices which minimize flood damage. 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 two 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.
B.
Construction materials and methods.
C.
Utilities.
(1)
Electrical, heating, ventilation, plumbing, air-conditioning
equipment and other service facilities shall be designed and/or located
so as to prevent water from entering or accumulating within the components
during conditions of flooding. When designed for location below the
base flood elevation, a professional engineer's or architect's certification
is required;
(2)
All new and replacement water supply systems shall
be designed to minimize or eliminate the infiltration of floodwaters
into the system;
(3)
New and replacement sanitary sewage systems shall
be designed to minimize or eliminate the infiltration of floodwaters;
and
(4)
On-site waste disposal systems shall be located to
avoid impairment to them or contamination from them during flooding.
D.
Subdivision proposals.
(1)
All subdivision proposals shall be consistent with
the need to minimize flood damage;
(2)
All subdivision proposals shall have public utilities
and facilities, such as sewer, gas, electrical and water systems,
located and constructed to minimize flood damage;
(3)
All subdivision proposals shall have adequate drainage
provided to reduce exposure to flood damage; and
(4)
Base flood elevation data shall be provided for subdivision
proposals and other proposed developments, including proposals for
manufactured home parks and subdivisions, greater than either 50 lots
or five acres.
E.
Encroachments.
(1)
All proposed development in riverine situations where no flood elevation data is available (unnumbered A Zones) shall be analyzed to determine the effects on the flood-carrying capacity of the area of special flood hazard set forth in § 64-12A(3), Permit application 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 § 64-12B or 64-13D(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.
§ 64-14 Specific standards.
In all areas of special flood hazard where base flood elevation data has been provided as set forth in § 64-6, Basis for establishing areas of special flood hazard, and § 64-12B, Use of other base flood and floodway data, the following standards are required:
A.
Residential construction. New construction and substantial
improvements of any resident structure shall:
(1)
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 equalize hydrostatic
flood forces on exterior walls by allowing for the entry and exit
of floodwaters. Designs for meeting this requirement must either be
certified by a licensed professional engineer or architect to meet
or exceed the following minimum criteria:
(a)
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.
(b)
The bottom of all such openings shall be no
higher than one foot above the lowest adjacent finished grade.
(c)
Openings may be equipped with louvers, valves,
screens or other coverings or devices, provided that they permit the
automatic entry and exit of floodwaters.
B.
Nonresidential construction.
(1)
New construction and substantial improvements of any
commercial, industrial or other nonresidential structure, together
with attendant utility and sanitary facilities, shall either have
the lowest floor, including basement or cellar, elevated to or above
the base flood elevation or be floodproofed so that the structure
is watertight below the base flood level, with walls substantially
impermeable to the passage of water. All structural components located
below the base flood level must be capable of resisting hydrostatic
and hydrodynamic loads and the effects of buoyancy.
(a)
If the structure is to be elevated, fully enclosed
areas below the base flood elevation shall be designed to automatically,
without human intervention, allow for the entry and exit of floodwaters
for the purpose of equalizing hydrostatic flood forces on exterior
walls. Designs for meeting this requirement must either be certified
by a licensed professional engineer or a licensed architect or meet
the following criteria:
[1]
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.
[2]
The bottom of all such openings shall be no
higher than one foot above the lowest adjacent finished grade.
[3]
Openings may be equipped with louvers, valves,
screens or other coverings or devices, provided that they permit the
automatic entry and exit of floodwaters.
(b)
If the structure is to be floodproofed:
[1]
A licensed professional engineer or architect
shall develop and/or review structural design, specifications and
plans for the construction and shall certify that the design and methods
of construction are in accordance with accepted standards of practice
to make the structure watertight with walls substantially impermeable
to the passage of water, with structural components having the capability
of resisting hydrostatic and hydrodynamic loads and the effects of
buoyancy.
[2]
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.
(2)
The local administrator shall maintain on record a
copy of all such certificates noted in this section.
C.
Construction standards for areas of special flood hazard 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 § 64-12B, or two 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 two 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:
(a)
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.
(b)
The bottom of all such openings shall be no
higher than one foot above the lowest adjacent finished grade;
(c)
Openings may be equipped with louvers, valves,
screens or other coverings or openings, provided that they permit
the automatic entry and exit of floodwaters.
§ 64-15 Floodways.
Located within areas of special flood hazard are areas designated as floodways. (See definition in § 64-4.) The floodway is an extremely hazardous area due to high-velocity floodwaters carrying debris and posing additional threats from potential erosion forces. When floodway data is available for a particular site as provided by §§ 64-6 and 64-12B, all encroachments, including fill, new construction, substantial improvements and other development, are prohibited within the limits of the floodway unless a technical evaluation demonstrates that such encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.
§ 64-16 Appeals board.
A.
The Zoning Board of Appeals, as established by the
Town of Wawarsing, shall hear and decide appeals and requests for
variances from the requirements of this chapter.
B.
The Zoning Board of Appeals shall hear and decide
appeals when it is alleged that there is an error in any requirement,
decision or determination made by the local administrator in the enforcement
or administration of this chapter.
C.
Those aggrieved by the decision of the Zoning Board
of Appeals may appeal such decision to the Supreme Court pursuant
to Article 78 of the Civil Practice Law and Rules.
D.
In passing upon such applications, the Zoning Board
of Appeals shall consider all technical evaluations, all relevant
factors, standards specified in other sections of this chapter and:
(1)
The danger that materials may be swept onto other
lands to the injury of others.
(2)
The danger to life and property due to flooding or
erosion damage.
(3)
The susceptibility of the proposed facility and its
contents to flood damage and the effect of such damage on the individual
owner.
(4)
The importance of the services provided by the proposed
facility to the community.
(5)
The necessity to the facility of a waterfront location,
where applicable.
(6)
The availability of alternative locations for the
proposed use which are not subject to flooding or erosion damage.
(7)
The compatibility of the proposed use with existing
and anticipated development.
(8)
The relationship of the proposed use to the Comprehensive
Plan and floodplain management program of that area.
(9)
The safety of access to the property in times of flood
for ordinary and emergency vehicles.
(10)
The costs to local governments and the dangers
associated with conducting search and rescue operations during periods
of flooding.
(11)
The expected heights, velocity, duration, rate
of rise and sediment transport of the floodwaters and the effects
of wave action, if applicable, expected at the site.
(12)
The costs of providing governmental services
during and after flood conditions, including search and rescue operations,
maintenance and repair of public utilities such as sewer, gas, electrical
and water systems and streets and bridges.
E.
Upon consideration of the factors of Subsection D and the purposes of this chapter, the Zoning Board of Appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
F.
The local administrator shall maintain the records
of all appeal actions, including technical information, and report
any variances to the Federal Emergency Management Agency upon request.
§ 64-17 Conditions for variances.
A.
Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of 1/2 acre or less in size, contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided that the items in § 64-16D(1) through (12) have been fully considered. As the lot size increases beyond the 1/2 acre, the technical justification required for issuing the variance increases.
B.
Variances may be issued for the reconstruction, rehabilitation
or restoration of structures and contributing structures listed on
the National Register of Historic Places or the State Inventory of
Historic Places, without regard to the contributing structures procedures
set forth in the remainder of this section.
C.
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:
D.
Variances shall not be issued within any designated
floodway if any increase in flood levels during the base flood discharge
would result.
E.
Variances shall only be issued upon a determination
that the variance is the minimum necessary, considering the flood
hazard, to afford relief.
F.
Variances shall only be issued upon receiving written
justification of:
(1)
A showing of good and sufficient cause.
(2)
A determination that failure to grant the variance
would result in exceptional hardship to the applicant.
(3)
A determination that the granting of a variance will
not result in increased flood heights, additional threats to public
safety or extraordinary public expense, create nuisances, cause fraud
on or victimization of the public or conflict with existing local
laws or ordinances.
G.
Any applicant 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.