Hammondsport Village
City Zoning Code
City Zoning Code
ARTICLE XI
Floodplains
[Added 11-11-1986 by L.L. No. 4-1986]
§ 122-67 Floodplain Overlay Zone.
A.
Applicability. This section shall apply to all areas of special flood hazard within the jurisdiction of the Village of Hammondsport.
B.
Basis for establishing the areas of special flood hazard. The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled the "Flood Insurance Study for the Village of Hammondsport, County of Steuben, New York," dated October 19, 1977, with accompanying Flood Insurance Rate Maps and Flood Boundary - Floodways, dated April 17, 1978, and any revisions thereto is hereby adopted by reference and declared to be a part of this section. The Flood Insurance Study is on file in the office of the Village Clerk.
C.
Interpretation; conflict with other laws. In their interpretation and application, the provisions of this section shall be held to be minimum requirements, adopted for the promotion of the public health, morals, safety or the general welfare. Whenever the requirements of any other lawfully adopted rules, regulations or ordinances, the most restrictive or that imposing the higher standards shall govern.
D.
Validity. The invalidity of any subsection or provision of this section shall not invalidate any other subsection or provision thereof.
E.
Penalties for noncompliance. No structure or land shall hereafter be constructed, located, extended, converted or altered without full compliance with the terms of this section and other applicable regulations. Violation of the provisions of this section by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Any person who violates this section or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than $250 for each violation and, in addition, shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent the Village of Hammondsport from taking such other lawful action as is necessary to prevent or remedy a violation.
F.
Warning and disclaimer of liability. The degree of flood protection required by this section 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 section does not imply that land outside the areas of the special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This section shall not create liability on the part of the Village of Hammondsport, any officer or employee thereof or the Federal Insurance Administration for any flood damages that result from the reliance on this section or any administrative decision lawfully made thereunder.
G.
Establishment of development permit. A development permit shall be obtained before construction or development begins within any areas of special flood hazard established in Subsection B. Application for a development permit shall be made on forms furnished by the Zoning Officer and may include, but shall not be limited to, plans in duplicate drawn to scale 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.
H.
Designation of the Zoning Officer. The Zoning Officer is hereby appointed to administer and implement this section by granting or denying development permit applications in accordance with its provisions.
I.
Duties and responsibilities of the Zoning Officer. Duties of the Zoning Officer shall include but not be limited to:
(1)
Permit review. The Zoning Officer shall:
(a)
Review all development permits to determine that the permit requirements of this section have been satisfied.
(b)
Review all development permits to determine that all necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required.
(c)
Review all development permits to determine if the proposed development is located in the floodway. If located in the floodway, assure that the encroachment provisions of Subsection Q(1) are met.
(2)
Use of other base flood data. When base flood elevation data has not been provided in accordance with Subsection B, Basis for establishing the areas of special flood hazard, the Zoning Officer shall obtain, review and reasonably utilize any base flood elevation data available from a federal, state or other source in order to administer Subsection P(1), Residential construction, and P(2), Nonresidential construction.
(3)
Information to be obtained and maintained. The Zoning Officer shall:
(a)
Obtain and record the actual elevation, in relation to mean sea level, of the lowest habitable floor, including basement, of all new or substantially improved structures and whether or not the structure contains a basement.
(b)
For all new or substantially improved floodproofed structures:
[1]
Verify and record the actual elevation, in relation to mean sea level.
[2]
Maintain the floodproofing certifications required in Subsection P(2)(c).
(c)
Maintain for the public inspection, all records pertaining to the provisions of this section.
(4)
Alterations of watercourses. The Zoning Officer shall:
(a)
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 Federal Insurance Administration.
(b)
Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished.
(5)
Inspection of FIRM boundaries. Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazard (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Subsection J.
J.
Appeal Board.
(1)
The Zoning Board of Appeals as established by the Village of Hammondsport shall hear and decide appeals and requests for variances from the requirements of this section.
(2)
The Zoning Board of Appeals shall hear and decide appeals when it is alleged that there is an error in any requirements, decision or determination made by the Zoning Officer in the enforcement or administration of this section.
(3)
Those aggrieved by the decision of the Zoning Board of Appeals or any taxpayer may appeal such decision to the County Court as provided in the New York State Constitution, Article 6, § 11.
(4)
In passing upon such application, the Zoning Board of Appeals shall consider all technical evaluations, all relevant factors, standards specified in other subsections of this section and:
(a)
The danger that materials may be swept onto other lands to the injury of others.
(b)
The danger of life and property due to flooding or erosion damage.
(c)
The susceptibility of the proposed facility and contents to flood damage and the effect of such damage on the individual owner.
(d)
The importance of the services provided by a proposed facility to the community.
(e)
The necessity to the facility of a waterfront location where applicable.
(f)
The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage.
(g)
The compatibility of the proposed use with existing and anticipated development.
(h)
The relationship of the proposed use to the comprehensive plan and floodplain management program of that area.
(i)
The safety of access to the property in times of flood for ordinary and emergency vehicles.
(j)
The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effect of wave action, if applicable, expected at the site.
(k)
The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems and streets and bridges.
K.
Conditions for variances.
(1)
Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
(2)
Variances shall only be issued upon:
(a)
A showing of good and sufficient cause.
(b)
A determination that failure to grant the variance would result in exceptional hardship to the applicant.
(c)
A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public as identified in Subsection J(4) or conflict with existing local laws or ordinances.
L.
General standards for flood hazard reduction. In all cases of special flood hazard, the following standards are required:
(1)
All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure.
(2)
All mobile homes shall be anchored to resist flotation, collapse or lateral movement by providing over-the-top and frame ties to ground anchors. Special requirements shall be that:
(a)
Over-the-top ties shall be provided at each of the four corners of the mobile home, with two additional ties per side at intermediate locations, except that mobile homes less than 50 feet long shall require one additional tie per side.
(b)
Frame ties shall be provided at each corner of the home with five additional ties per side at intermediate points, with mobile homes less than 50 feet long requiring four additional ties per side.
(c)
All components of the anchoring system shall be capable of carrying a force of 4,800 pounds.
(d)
Any additions to the mobile home shall be similarly anchored.
M.
Construction materials and methods.
(1)
All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.
(2)
All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.
N.
Utilities.
(1)
All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.
(2)
New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into the floodwaters.
(3)
On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
O.
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 development proposals shall have adequate drainage provided to reduce exposure to flood damage.
(4)
Base flood elevation data shall be provided for subdivision proposals and other proposed development which contain at least 50 lots or five acres, whichever is less.
P.
Specific standards for flood hazard reduction. In all areas of special flood hazard where base flood elevation data have been provided as set forth in Subsection B, Basis for establishing the areas of special flood hazard, or in Subsection I(2), Use of other base flood data, the following standards are required:
(1)
Residential construction. New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to or above the base flood elevation and shall be certified by a registered professional engineer or architect that such standard is satisfied. Such certifications shall be provided to the official as set forth in Subsection I.
(2)
Nonresidential construction. New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated to the level of the base flood elevation, or, together with attendant utility and sanitary facilities, shall:
(a)
Be floodproofed so that below the base flood level the structure is watertight, the walls substantially impermeable to the passage of water.
(b)
Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.
(c)
Be certified by a registered professional engineer or architect that the standards of this subsection are satisfied. Such certifications shall be provided to the official as set forth in Subsection I.
(3)
Mobile homes.
(a)
Mobile homes shall be anchored in accordance with Subsection L(2).
(b)
For new mobile home parks and mobile home subdivisions; for expansions to existing mobile home parks and mobile home subdivisions; for existing mobile home parks and mobile home subdivisions where the repair, reconstruction or improvement of the streets, utilities and pads equals or exceeds 50% of the value of the streets, utilities and pads before the repair, reconstruction or improvement has commenced; and for mobile homes not placed in a mobile home park or subdivision, require that:
[1]
Stands or lots are elevated on compacted fill or on pilings so that the lowest floor of the mobile home will be at or above the base flood level.
[2]
Adequate surface drainage and access for hauler are provided.
[3]
In the instance of elevation on pilings, that:
[a]
Lots are large enough to permit steps.
[b]
Piling foundations are placed in stable soil no more than 10 feet apart.
[c]
Reinforcement is provided for pilings more than six feet above the ground level.
[d]
No mobile home shall be placed in a floodway, except in an existing mobile home park or an existing mobile home subdivision.
[e]
Certification by a registered professional engineer or architect that the standards of this subsection are satisfied shall be provided to the official as set forth in Subsection I.
Q.
Floodways. Located within areas of special flood hazard established in Subsection B are areas designated as "floodways." Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles and erosion potential, the following provisions apply:
(1)
Encroachments, including fill, new construction, substantial improvements and other development are prohibited, unless a technical evaluation demonstrates that the encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.
(2)
The placement of any mobile home is prohibited, except in an existing mobile home park or existing mobile home subdivision.
(3)
In all areas of special flood hazard in which base flood elevation data has been provided and no floodway has been designated, 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.