The purpose of the Floodplain Overlay (FPO) District established in this article is to provide special controls over land development located in sensitive environmental areas within the Village of Clifton Springs characterized by floodplains or watercourses. This district and its associated regulations are designed to preserve and protect unique environmental features within the Village as much as possible, including but not limited to wetlands, floodplains, and watercourses.

Certain areas of the Village of Clifton Springs are subject to periodic flooding that can result in loss of life, property damage, health and safety hazards, disruption of commercial and governmental services, extraordinary public expenditure for flood protection and relief and impairment of the tax base, all of which adversely affect the public health, safety and general welfare of the residents of this Village. These flood losses are caused by the cumulative effect of obstructions in the floodplain causing increases in flood heights and velocities and by the occupancy in flood hazard areas by uses that are inadequately elevated, floodproofed or otherwise protected from flood damage. It is the purpose of the Floodplain Protection District to prevent public and private losses due to flood conditions in certain areas by provisions designed to:

The official set of maps delineating all significant environmental features within the Village shall be known and may be cited as the "Official Village of Clifton Springs FPO Maps" and shall include, with latest revisions, the Official Wetland Maps for the Village, prepared by the New York State Department of Environmental Conservation (NYSDEC), and the Official Flood Insurance Rate Maps (FIRM) for the Village, prepared by the Federal Emergency Management Agency (FEMA). Additionally, all areas further identified by the Federal Insurance Administration in the latest version of their report entitled "The Flood Insurance Study for the Village of Clifton Springs, New York," shall be included in the FPO District with accompanying Flood Insurance Rate Map and Flood Hazard Boundary Map.

The aforementioned maps and reports shall be used for reference purposes and shall not be used to delineate specific or exact boundaries of the various overlay districts. Field investigations and/or other environmental analyses may be required in order to determine whether or not a particular piece of property is included within the Floodplain Overlay District.

The Code Enforcement Officer shall be responsible for interpreting Floodplain Overlay District boundaries based on the review and interpretation of the official Village of Clifton Springs FPO Maps (as previously outlined in § 120-30.3). The Code Enforcement Officer may request the assistance of the Village Engineer, County Engineer or other appropriate department or agency in making such a determination.

Where the Floodplain Overlay District superimposes a primary zoning district delineated on the Official Zoning Map of the Village of Clifton Springs, the requirements of the Floodplain Overlay District shall be met in addition to the requirements specified for development in the respective primary zoning district.

An FPO development permit shall be required prior to the commencement of any regulated activity or the issuance of any building permit for regulated development in the Floodplain Overlay District within the Village of Clifton Springs.

The following activities are exempt from the permit procedures of this article, subject to a determination by the authorized Village official that such activities involve necessary normal maintenance and upkeep of property, and/or are clearly incidental to the primary use on the property, and/or involve public health, safety, or emergency situations:

Applications for FPO development permits shall be made, in writing, to the Code Enforcement Officer on forms made available by the Village Clerk. Such an application shall be made by the property owner or their agent and shall be accompanied by any materials or information deemed appropriate by the Code Enforcement Officer, Village Engineer, or consulting engineer, including but not limited to a scaled (one inch equals fifty feet or one inch equals one hundred feet) site plan prepared and certified by a licensed engineer or land surveyor that contains the following minimum information:

Each application for an FPO development permit shall be accompanied by the appropriate fee(s) as determined by the Village Board. Said fee(s) shall be in addition to any other fees required for the development under the Village Zoning Law and/or Municipal Code.

FPO-I Floodway Zone. There is hereby established an FPO-I Zone to accomplish the purposes of this section. The boundaries of this zone include all areas within the floodways as delineated in the Flood Insurance Study for the Village of Clifton Springs. The following are not permitted in the FPO-I Zone:

FPO-II Floodplain Zone. There is hereby established an FPO-II Zone to accomplish the purposes of this chapter. The boundaries of this zone include all areas within the ten-year floodplain but do not include any portion of the FPO-I Zone.

FPO-III Floodplain Zone. There is hereby established an FPO-III Zone to accomplish the purposes of this chapter. The boundaries of this zone include all areas within the one-hundred-year floodplain as delineated in the Flood Insurance Study but do not include any portion of either the FPO-I or FPO-II Zones.

The Code Enforcement Officer shall have the authority to grant or deny an FPO development permit, subject to the standards, criteria, and other regulations contained in this chapter, regulations contained in Village of Clifton Springs Municipal Code, and the State Environmental Quality Review Act (SEQRA).[1] The Code Enforcement Officer may also request a report from the Village Engineer or Consulting Engineer in acting on such permit applications.

Any development permit issued by the Code Enforcement Officer in accordance with the provisions of this article may be issued with conditions. Such conditions may be attached as are deemed necessary to ensure the preservation and protection of environmentally sensitive areas and to ensure compliance with the policies and provisions of this article. Every permit issued pursuant to this article shall contain the following conditions:

The Code Enforcement Officer may suspend a permit until such time as the Village Board reviews the suspension. The Village Board may, upon recommendation of the Code Enforcement Officer and after having provided the permit holder five days' written notice, suspend or revoke a development permit issued in accordance with the provisions of this section where it has found evidence that the applicant has not complied with all terms or conditions of such permit, has exceeded the authority granted in the permit, or has failed to undertake the project in the manner set forth, in writing, with its findings and reasons for revoking or suspending a permit issued pursuant to the section. The Code Enforcement Officer shall forward a copy of said findings to the applicant. Permitted work shall immediately cease upon suspension of a permit.

Areas of special flood hazard. The areas of special flood hazard identified by the Federal Emergency Management Agency in a scientific and engineering report entitled "The Flood Insurance Study for the Village of Clifton Springs, of Ontario County, New York," with accompanying Flood Insurance Rate Maps and Flood Boundary-Floodway Maps, is hereby adopted and declared to be part of this chapter. The Flood Insurance Study, and maps and amendments and revisions thereto, are on file at the Ontario County Planning Offices.

Permit conditions. When reviewing an application for an FPO development permit for a regulated action in any zone, the Code Enforcement Officer shall consider all technical information available, all relevant factors and standards specified in the section, and shall determine:

Development standards. No FPO permit shall be granted for a regulated activity within any floodway or floodplain zone unless the applicant submits a plan certified by a registered professional engineer and shows evidence of the following:

Considerations. When taking action on an application for an FPO development permit for a regulated action in any Floodplain Overlay District zone, the Code Enforcement Officer shall consider all technical information available, all relevant factors and standards specified in this section, as well as the following:

Additional standards for approval. The Code Enforcement Officer may require that the applicant adequately demonstrate that one or more of the following conditions be met before granting a permit for land use within any of the zones:

Encroachments.

Administration. In addition to the other duties and responsibilities specified in this chapter, the Code Enforcement Officer is authorized to administer the following provisions of this chapter. The Code Enforcement Officer shall:

Restrictions. Where this section imposes greater restrictions than are imposed by the provision of any law, ordinance, regulation or private agreement, this section shall control. Where there are restrictions by any law, ordinance, regulation or private agreement greater than those imposed by this section, such greater restrictions shall control. All uses presently permitted in the zoning districts within the Village of Clifton Springs that also fall within the FPO Zones shall continue to be permitted uses for these districts, except where otherwise restricted by this section.

Appeals. Appeals for variances to the requirements of this section shall be based upon Section 80.6 (formerly Section 1910.6) of the National Flood Insurance Program Regulations. Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.

Degree of protection. 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 person-made or natural causes. This chapter does not imply that land outside the area of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the Village of Clifton Springs, any officer or employee thereof or the Federal Insurance Administration for any flood damages that result from reliance on this section or any administrative decision lawfully made thereunder.

To protect the safety of motorists traveling Route 96 and its crossroad intersections and preserve the efficiency of traffic flow along the corridor;

To protect the safety of pedestrians and bicyclists and provide for pedestrian facilities in appropriate locations;

To encourage development on the corridor that is compatible with or does not detract from the traditional character of the villages and the rural character of the towns along the corridor;

To preserve and enhance development options along the corridor and to promote development of unified access and circulation systems that serve more than one property;

To assure that driveways and street connections along Route 96 are designed according to standards for safe entry and exit and are adequately spaced; and

To promote cooperative planning and coordination between area property owners and the many agencies that have an interest in the Route 96 corridor, including but not limited to Ontario and Seneca Counties, the various towns and villages, and the New York State Department of Transportation (NYS DOT).

The COD shall apply to a distance of 500 feet south of the centerline on Route 96 within the Village limits.

These regulations shall be in addition to all other existing regulations of the Village. Persons with property divided by the COD or that do not have frontage but request an access connection in the COD area must comply with the district standards. This district does not change the zoned use of property. Permitted, conditional, or specially permitted uses in the overlay district shall be as provided for in the existing underlying zoning districts.

Connections permitted prior to the adoption of the COD shall be allowed to remain and will be considered legal and conforming until such time as there is a significant change in the use of the property (including the development of land, structures or facilities) that results in any increase in the trip generation of the property. If the principal activity on a parcel with access connections that do not meet the regulations herein is discontinued or out of service for a period of one year or more, then that parcel must comply with all applicable access requirements of this overlay district.

Number of access points. Each tract of land recorded prior to the effective date shall be permitted one point of direct or indirect access to the public roadway system, provided that such access conforms to the minimum driveway spacing and corner clearance requirements the COD. Where the roadway frontage of a tract of land is greater than 500 feet, an additional access point may be permitted, if it is determined in consultation with NYS DOT that such access will not be detrimental to highway safety, capacity, or function. Any such additional access shall comply with all applicable sections of this chapter. Individual property access shall not be provided to the New York State highway system where alternative access is available. Where multiple parcels are developed as a single project, such as a shopping center or similar use, they shall be treated as a single parcel for the purposes of determining the permitted number of access points.

Minimum driveway spacing.

Joint and cross access.

Minimum corner clearance. Minimum corner clearance is to be measured along the road from the closest edge of the right-of-way of the intersecting road to the closest edge of the proposed driveway (see Figure 31-1). Driveway connections to state highways for corner properties shall not be allowed within 220 feet of an intersection. For side street approaches to a designated highway, the minimum corner clearance shall be 110 feet from the intersecting state road. At signalized intersections, corner clearances in excess of these minimum dimensions may be required, in consultation with NYS DOT.

Outparcels. An outparcel can be described as a parcel of land, generally located on the perimeter of a larger parcel of land, that is subordinate to the larger parcel for access, parking and drainage purposes. All access to outparcels shall be internalized utilizing the main access drive of the principal commercial center (see Figure 31-3). Access to the outparcel shall be as direct as possible, avoiding excessive movement across the parking aisles and queuing across surrounding parking and driving aisles. In no instance shall the circulation and access of the principal commercial facility and its parking and service be impaired.

New residential subdivisions. New residential subdivisions consisting of more than five units without direct access to Route 96 shall include an internal street layout that shall connect to the streets of surrounding developments to accommodate travel demand between adjacent neighborhoods without the necessity of using the highway.

Shared access and reverse frontage. Interparcel connections shall be provided to facilitate the local movement of traffic and minimize demand for local trips on the highway. Based on consultation with the NYS DOT, interparcel access may take the form of direct driveway connections or reverse frontage roads.

Pedestrian access. On-site pedestrian walkways shall be incorporated into each project and shall be coordinated with on-site landscaping so as to minimize conflicts with vehicular traffic. Pedestrian circulation systems shall be provided to connect multiple uses within individual projects and shall be extended to adjacent parcels where interparcel vehicular access is required. Where pedestrian access crosses an access drive (such as crossing from a parking aisle to a building entrance), crosswalk improvements shall be required. In the event that a public sidewalk is adjacent to the property, the pedestrian circulation system shall connect to the existing sidewalk system.

Driveway connections shall be located and designed to provide adequate sight distance. NYS DOT standards for sight distance shall apply.

The NYS DOT, in coordination with the municipality, may require turn lanes where deemed necessary due to traffic volumes or where a safety or operational problem exists. The design of left turn and right turn lanes shall conform to NYS DOT design standards.

Construction of driveways along turn lanes and tapers is prohibited unless no other access to the property is available.

Driveways with more than one entry and one exit lane shall incorporate channelization features to separate the entry and exit sides of the driveway. Double yellow lines may be considered instead of medians, where truck offtracking is a problem.

Driveways shall be designed with adequate on-site storage for entering and exiting vehicles to reduce unsafe conflicts with through traffic or on-site traffic and to avoid congestion at the entrance.

Guidelines for driveway throat length are provided below:

Figure 31-1: Corner Clearance and Driveway Spacing.

Figure 31-2: Cross-Access Stub-Outs.

Figure 31-3: Internalized Access to Outparcels.