A.

Zoning officer.

1.

This ordinance shall be enforced by the zoning officer who shall be appointed by the board of trustees.

2.

The zoning officer shall issue no zoning permits until all the provisions of this ordinance have been complied with.

B.

Building permits.

1.

No building, structure, or use thereof shall be erected, added to, or structurally altered until a permit therefor has been issued by the building inspector.

2.

For the purpose of this ordinance, the excavating for a building or the moving of any building from one site to another site shall be deemed construction and a permit therefor required.

3.

Application for building permits shall include three copies of a layout or plot plan drawn to scale and showing the actual dimensions of the lot to be built upon, the exact size and location on the lot of the building and accessory buildings to be erected, and such other information as may be necessary to determine and provide for the enforcement of this ordinance, the building code, and provisions of the Education Law of the State of New York as applicable to plans for construction. A certified copy of the layout or plot plan shall be submitted to the zoning officer and leave the corner posts in for final issuance of permit.

4.

One copy of such layout or plot plan, together with the permit, shall be returned to the applicant when approved by the building inspector, upon payment of such building permit fee as shall be established from time to time by the board of trustees.

5.

Applications for building permits shall be made to the building inspector by the property owner or his duly authorized agent, on forms provided by the building inspector.

6.

Any permit hereafter issued for the construction of a building shall be invalid if construction thereof is not commenced within six months of the date of issuance of the permit, or if said construction is commenced but has been abandoned for a period of six months, or if the entire construction authorized by said permit is not completed according to plans within one year of the date of issuance of said permit.

7.

The following measures shall be followed within zone A of the flood hazard boundary map issued by the flood insurance administration for the Village of Lewiston:

a.

Permit requirements. No person shall erect, construct, enlarge, alter, repair, improve, move, or demolish any building or structure without first obtaining a separate permit for each building or structure from the designated responsible person. No manmade change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, shall be commenced until a separate permit has been obtained from the designated responsible person for each change. No mobile home shall be placed on improved or unimproved real estate without first obtaining a separate permit for each mobile home from the designated responsible person.

b.

Application. To obtain a permit, the applicant shall first file a permit application on a form furnished for that purpose. The form must be completed and submitted to the designated responsible person with a fee as determined by the board of trustees before the issuance of a permit will be considered. The applicant shall also submit a stormwater pollution prevention plan (SWPPP), if required by chapter 16, stormwater management, of the village Code, together with the recommendation of the stormwater management officer to approve, approve with modifications, or disapprove the SWPPP pursuant to section 16-4(b) of the village Code. Any SWPPP submitted pursuant to this subparagraph shall comply with the requirements of chapter 16, stormwater management, of the village Code.

c.

Review of applications. The building inspector is appointed as the "person" responsible for receiving applications and examining the plans and specifications for the proposed construction or development. After reviewing the application, the building inspector shall require any additional measures which are necessary to meet the minimum requirements of this document.

d.

The building inspector shall review proposed development to ensure that all necessary permits have been received from those governmental agencies from which approval is required by federal or state law, including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 USC 1334[1344].

e.

The building inspector shall review all permit applications to determine whether proposed building sites will be reasonably safe from flooding. If a proposed building site is in a flood-prone area, all new construction and substantial improvements (including the placement of prefabricated buildings and mobile homes) shall:

(i)

Be designed (or modified) and adequately anchored to prevent flotation, collapse, or lateral movement of the structure;

(ii)

Be constructed with materials and utility equipment resistant to flood damage; and

(iii)

Be constructed by methods and practices that minimize flood damage, consistent with any stormwater pollution prevention plan (SWPPP) submitted pursuant to chapter 16, stormwater management, of the village Code.

f.

The building inspector shall review subdivision proposals and other proposed new development to determine whether such proposals will be reasonably safe from flooding. If a subdivision proposal or other proposed new development is in a flood-prone area, any such proposals shall be reviewed to ensure that:

(i)

All such proposals are consistent with the need to minimize flood damage within the flood-prone area;

(ii)

All public utilities and facilities, such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage; and

(iii)

Adequate drainage is provided to reduce exposure to flood hazards, consistent with any stormwater pollution prevention plan (SWPPP) approved by the village in accordance with chapter 16 of the village Code.

g.

The responsible person shall require within flood-prone areas new and replacement water supply systems to be designed to minimize or eliminate infiltration of flood waters into the systems; and

h.

The responsible person shall require within flood-prone areas:

(i)

New and replacement sanitary sewage systems to be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters; and

(ii)

On-site waste disposal systems to be located to avoid impairment to them or contamination from them during flooding.

i.

The responsible person shall require that all subdivision proposals and other proposed new developments greater than 50 lots or five acres, whichever is the lesser, include within such proposals base flood elevation data.

j.

The responsible person shall obtain, review and reasonably utilize any base flood elevation data available from a federal, state, or other source, until such other data has been provided by the administrator, as criteria for requiring that:

(i)

All new construction and substantial improvements of residential structures have the lowest floor (including basement) elevated to or above the base flood level; and

(ii)

All new construction and substantial improvements of nonresidential structures have the lowest floor (including basement) elevated or floodproofed to or above the base flood level.

k.

For the purpose of the determination of applicable flood insurance risk premium rates within zone A on a community's FHBM, the responsible person shall:

(i)

Obtain, or require the applicant to furnish, the 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 such structures contain a basement;

(ii)

Obtain, or require the applicant to furnish, if the structure has been floodproofed, the elevation (in relation to mean sea level) to which the structure was flood-proofed; and

(iii)

Maintain a record of all such information.

l.

The building inspector shall notify, in riverine situations, adjacent communities and the state coordinating office prior to any alteration or relocation of a watercourse, and submit copies of such notifications to the Federal Emergency Management Agency.

m.

The building inspector shall ensure that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained.

n.

The building inspector shall require that all mobile homes to be placed within zone A on the community's flood hazard boundary map shall be anchored to resist flotation, collapse, or lateral movement by providing over-the-top and frame ties to ground anchors. Specific requirements shall be that:

(i)

Over-the-top ties be provided at each of the four corners of the mobile home, with two additional ties per side at intermediate locations and mobile homes less than 50 feet long requiring one additional tie per side;

(ii)

Frame ties be provided at each corner of the home with five additional ties per side at intermediate points and mobile homes less than 50 feet long requiring four additional ties per side;

(iii)

All components of the anchoring system be capable of carrying a force of 4,800 pounds; and

(iv)

Any additions to the mobile home be similarly anchored.

o.

The flood hazard boundary map issued by the Federal Insurance Administration for this community, dated February 15, 1974, with panel numbers 36063322001, and any officially published revisions to this map, is adopted as the official map for the enforcement of this document. Zone A on this map delineates the area within which the requirements of this document will be enforced, said zone A being the special flood hazard area thereon.

p.

Definitions. Unless specifically defined below, words or phrases used in this document shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this document its most reasonable application.

C.

Definitions.

Base flood means the flood having a one percent chance of being equaled or exceeded in any given year.

Development means any manmade change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations.

Flood means a general and temporary condition of partial or complete inundation of normally dry land areas from:

(1)

The overflow of inland or tidal waters.

(2)

The unusual and rapid accumulation or runoff of surface waters from any source.

Floodplain or flood-prone area means any land area susceptible to being inundated by water from water of any source (see definition of flood).

Floodproofing means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate of improved real property, water and sanitary facilities, structures and their contents.

Habitable floor means any floor usable for living purposes, which includes working, sleeping, eating, cooking or recreation, or a combination thereof. A floor used only for storage purposes is not a habitable floor.

Mobile 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. It does not include recreational vehicles or travel trailers. The term includes but it is not limited to, the definition of "mobile home" as set forth in regulations governing the mobile home safety and construction standards program (24 CFR 3282.7(a)).

Person includes any individual or group of individuals, corporation, partnership, association, or any other entity, including state and local governments and agencies.

Riverine means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.

Structure means, for floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a mobile home.

Substantial improvement means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either:

(a)

Before the improvement or repair is started; or

(b)

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 occur 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:

(1)

Any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to ensure safe living conditions; or

(2)

Any alteration of a structure listed on the National Register of Historic Places.

Variance means a grant of relief by a community from the terms of a floodplain management regulation.

D.

Building Code.

1.

The New York State Uniform Fire Prevention and Building Code, as amended from time to time, is hereby declared to be the Building Code of the Village of Lewiston.

2.

Compliance with the New York State Uniform Fire Prevention and Building Code shall be enforced by the Building Inspector who shall be appointed by the Board of Trustees.

E.

Certificates of Occupancy.

1.

No land shall be occupied or used and no building hereafter erected, altered or extended shall be used or changed in use until a certificate of occupancy shall have been issued by the building inspector, stating that the building or proposed use thereof complies with the provisions of this ordinance and the building code. This certificate must be posted in all business establishments.

2.

No nonconforming use shall be maintained, renewed, changed or extended without a certificate of occupancy (certificate of existing use, therefor) having first been issued by the building inspector.

3.

Said certificates shall be issued to the applicant therefor within ten days after the erection or alteration shall have been approved as complying with the provisions of this ordinance and the building code, and the payment of such fee therefor as shall from time to time be established by the board of trustees.

4.

The building inspector shall maintain a record of all certificates and copies thereof shall be furnished upon request to any person having a proprietary or tenancy interest in the building affected upon payment of the established fee therefor.

5.

Under such rules and regulations as may be established by the zoning board of appeals, a temporary certificate of occupancy for not more than 30 days for a part of a building may be issued by the building inspector.

F.

Zoning board of appeals.

1.

Creation and appointment. The zoning board of appeals is created consisting of five members.

2.

Organization. The zoning board of appeals may prescribe such rules it deems necessary for the conduct of its affairs.

3.

Powers and duties. The zoning board of appeals shall have all the powers and duties as set forth in Village Law §§ 712, 712-a and 712-b, as the same may be amended from time to time.

a.

Additional powers and duties. In addition to the said powers and duties, the zoning board of appeals shall also hear and decide, or review and report, on all matters referred to it on which it is requested to pass under any provision of the village Code.

b.

Appeals. All appeals and applications made to the zoning board of appeals shall be in writing and shall contain such information as is required by the Village Law and by this village Code.

c.

Fees.

(i)

In every matter brought before the zoning board of appeals for determination or action under the provisions of Village Law § 712-b, the applicant or appellant shall pay a filing fee, as established by the board of trustees, to the village at the time of submission of the application or appeal.

(ii)

In the event an applicant or appellant requests a special meeting of the zoning board of appeals before its next regularly scheduled meeting date, the chairperson of said board shall cause a special meeting to be held, upon payment by the applicant or appellant of an additional fee, as established by the board of trustees, to the village.

(iii)

In addition to the foregoing fees, in any matter brought before the zoning board of appeals which involves the sending or publishing of any notices, the actual costs shall be borne by the applicant or appealing party and shall be paid to the village prior to the hearing of such appeal.

(Code 1978, app. B, § 2; L.L. No. 1-1973; L.L. No. 4-1977, § 2; L.L. No. 3-1992, § 4; L.L. No. 04-2006; L.L. No. 04-2007, §§ 3—5)