Lloyd Harbor City Zoning Code
ARTICLE VII
Floodplain Districts
§ 205-14 Findings of fact.
The flood hazard areas of the Village, Floodplain District I and Floodplain District II, are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.
§ 205-15 Purpose.
It is the purpose of this article to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by methods and provisions designed 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 damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard.
E.
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.
F.
Ensure that potential buyers are notified that property is in an area of special flood hazard.
G.
Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.
§ 205-16 Methods for reducing flood losses.
[Amended 4-18-1988 by L.L. No. 2-1988]
In order to accomplish its purposes, this article includes methods and provisions for:
A.
Restricting or prohibiting 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.
Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction.
C.
Preventing the alteration of natural floodplains, stream channels and natural protective barriers which help accommodate or channel floodwaters.
D.
Preventing filling, grading, dredging and other development which may increase flood damage.
E.
Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas.
F.
Qualifying for and maintaining participation in the National Flood Insurance Program.
[Added 7-20-2009 by L.L. No. 2-2009]
§ 205-17 Definitions.
A.
Unless specifically defined below, words or phrases in this article shall be interpreted so as to give them the meaning they have in common usage and to give this article its most reasonable application.
B. APPEAL AREA OF SHALLOW FLOODING AREA OF SPECIAL FLOOD HAZARD BASE FLOOD BASEMENT BREAKAWAY WALLS BUILDING CELLAR COASTAL HIGH-HAZARD AREA DEVELOPMENT ELEVATED BUILDING[Added 7-20-2009 by L.L. No. 2-2009](1) (a) (b) (2) (3) FEDERAL EMERGENCY MANAGEMENT AGENCY FLOOD or FLOODING[Amended 7-20-2009 by L.L. No. 2-2009](1) (2) FLOOD INSURANCE RATE MAP (FIRM) FLOOD INSURANCE STUDY FLOODPLAIN or FLOOD-PRONE AREA FLOODPLAIN DISTRICT I FLOODPLAIN DISTRICT II FLOODPROOFING FLOODWAY FUNCTIONALLY DEPENDENT USE HIGHEST ADJACENT GRADE HISTORIC STRUCTURE(1) (2) (3) (4) LOWEST FLOOR MANUFACTURED HOME MANUFACTURED HOME PARK OR SUBDIVISION MEAN SEA LEVEL NEW CONSTRUCTION PRIMARY FRONTAL DUNE PRINCIPALLY ABOVE GROUND RECREATIONAL VEHICLE[Added 7-20-2009 by L.L. No. 2-2009](1) (2) (3) (4) REGULATORY FLOODWAY SAND DUNES START OF CONSTRUCTION STRUCTURE SUBSTANTIAL DAMAGE SUBSTANTIAL IMPROVEMENT(1) (2) VARIANCE
As used in this article, the following terms shall have the meanings indicated:
A request for a review of the Building Inspector's interpretation of any provision of this article or a request for a variance.
[Added 7-20-2009 by L.L. No. 2-2009]
A designated AO, AH or VO Zone on the Village's Flood Insurance Rate Map (FIRM) with a one-percent-or-greater annual chance of flooding to an average annual depth of one to three feet where a clearly defined 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.
[Amended 7-20-2009 by L.L. No. 2-2009]
The land in the floodplain within the Village 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-A30, A99, V, VO, VE, or V1-V30. It is also commonly referred to as the base floodplain or one-hundred-year floodplain. For purposes of this article, the term "special flood hazard area (SFHA)" is synonymous in meaning with the phrase "area of special flood hazard."
[Amended 7-20-2009 by L.L. No. 2-2009]
The flood having a one-percent chance of being equaled or exceeded in any given year.
That portion of a building having its floor subgrade (below ground level) on all sides.
[Added 7-20-2009 by L.L. No. 2-2009]
Any types of walls, whether solid or lattice and whether constructed of concrete, masonry, wood, metal, plastic or any other suitable building material, which are not part of the structural support of the building and which are so designed as to break away under abnormally high tides or wave action without damage to the structural integrity of the building on which they are used or any buildings to which they might be carried by floodwaters.
See "structure."
[Added 7-20-2009 by L.L. No. 2-2009]
The same meaning as "basement."
[Added 7-20-2009 by L.L. No. 2-2009]
An area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. The area is designated on a FIRM as Zone V1-V30, VE, VO or V.
[Amended 7-20-2009 by L.L. No. 2-2009]
Any man-made 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 or storage of equipment or materials located within the area of special flood hazard.
[Amended 7-20-2009 by L.L. No. 2-2009]
A non-basement building:
Built, in the case of a building in Zones A1-A30, AE, A, A99, AO, AH, B, C, X, or D, to have the top of the elevated floor, or in the case of a building in Zones V1-30, VE, or V, to have the bottom of the lowest horizontal structure member of the elevated floor, elevated above the ground level by means of pilings, columns (posts and piers), or shear walls parallel to the flow of the water; and
Adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood.
In the case of Zones A1-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 floodwaters.
In the case of Zones V1-V30, VE, or V, "elevated building" also includes a building otherwise meeting the definition of "elevated building," even though the lower area is enclosed by means of breakaway walls that meet the federal standards.
The federal agency that administers the National Flood Insurance Program.
[Added 7-20-2009 by L.L. No. 2-2009]
The collapse or subsidence of land 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 anticipated 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 abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in (1)(a) above.
The official map for the Village, 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.
[Amended 7-20-2009 by L.L. No. 2-2009]
See "flood elevation study."
[Amended 7-20-2009 by L.L. No. 2-2009]
any land area susceptible to being inundated by water from any source. (See definition of "flooding.")
[Added 7-20-2009 by L.L. No. 2-2009]
Consists of all land within the Village subject to possible flooding by tidewater rising to a height of 12 feet above mean sea level, and all land within the Village to which the principal means of access is over any private roadway which in whole or in part is subject to possible flooding by tidewater rising to a height of 12 feet above mean sea level.
[Amended 2-24-1987 by L.L. No. 2-1987; 7-20-2009 by L.L. No. 2-2009]
Consists of all land not within Floodplain District I but shown on the Federal Flood Insurance Rate Maps applicable to the Village.
[Amended 2-24-1987 by L.L. No. 2-1987; 6-15-1998 by L.L. No. 2-1998; 7-20-2009 by L.L. No. 2-2009]
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.
[Added 7-20-2009 by L.L. No. 2-2009]
The same meaning as "regulatory floodway."
[Amended 7-20-2009 by L.L. No. 2-2009]
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. The term does not include long-term storage, manufacturing, sales, or service facilities.
[Added 7-20-2009 by L.L. No. 2-2009]
The highest natural elevation of the ground surface, prior to construction, next to the proposed walls of a structure.
[Added 7-20-2009 by L.L. No. 2-2009]
Any structure that is:
[Added 7-20-2009 by L.L. No. 2-2009]
Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the 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 New York State inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
Individually listed on a local inventory of historic places in the Village with historic preservation programs that have been certified either:
A building's lowest floor (including basement) of the lowest enclosed area of the structure.
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."
[Added 7-20-2009 by L.L. No. 2-2009]
A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale, if permitted in the future.
[Added 7-20-2009 by L.L. No. 2-2009]
For purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929, the North American Vertical Datum of 1988 (NAVD 88), or other datum to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced.
[Added 7-20-2009 by L.L. No. 2-2009]
Structures for which the start of construction commenced on or after the effective date of this article.
A continuous or nearly continuous mound or ridge of sand with relatively steep seaward and landward slopes immediately landward and adjacent to the beach and subject to erosion and overtopping from high tides and waves during major coastal storms. The inland limit of the primary frontal dune occurs at the point where there is a distinct change from a relatively steep slope to a relatively mild slope.
[Added 7-20-2009 by L.L. No. 2-2009]
At least 51% of the actual cash value of the structure, excluding land value, is above ground.
[Added 7-20-2009 by L.L. No. 2-2009]
A vehicle which is:
Built on a single chassis;
Four hundred square feet or less when measured at the largest horizontal projections;
Designed to be self-propelled or permanently towable by a light duty truck; and
Not designed primarily for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
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 authorized in this article.
[Added 7-20-2009 by L.L. No. 2-2009]
Naturally occurring accumulations of sand in ridges or mounds landward of the beach.
The date of permit issuance for new construction and substantial improvements to an existing structure, provided that actual start of construction, repair, reconstruction, rehabilitation, 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 construction of columns. Permanent construction does not include land preparation (such as clearing, excavation, grading, or filling), or the installation of streets or walkways, or excavation for a basement, footings, piers or foundations, 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 of the main building. For a substantial improvement, the actual "start of construction" means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
[Amended 7-20-2009 by L.L. No. 2-2009]
A walled and roofed building or a gas or liquid storage tank that is principally above ground, as well as a manufactured home.
[Amended 7-20-2009 by L.L. No. 2-2009]
Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.
[Added 7-20-2009 by L.L. No. 2-2009]
Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. Substantial improvement includes structures which have incurred substantial damage, regardless of the actual repair work performed, but does not include:
[Amended 7-20-2009 by L.L. No. 2-2009]
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 an historic structure, provided that the alteration will not preclude the structure's continued designation as an "historic structure."
A grant of relief from the requirements of this article which permits construction in a manner that would otherwise be prohibited by this article.
§ 205-18 Applicability.
[Amended 2-24-1987 by L.L. No. 2-1987; 1-19-2010 by L.L. No. 1-2010]
The provisions contained in § 205-19 shall apply to land within Floodplain District I, including overlapping areas in Floodplain District II. All other provisions of this article shall apply to land included within Floodplain District II and to those areas included within Floodplain District I that are placed in the Residence A-1 or A-2 Districts by action of the Board of Trustees.
§ 205-19 Standards and procedures for Floodplain District I.
[Amended 4-18-1988 by L.L. No. 2-1988; 11-21-1988 by L.L. No 4-1988; 4-20-1992 by L.L. No. 1-1992]
No person shall fill, dredge, disturb the natural ground cover, build, make a substantial improvement or cause to be placed a building, house, residence, dwelling or other structure on land lying within Floodplain District I; provided, however, that this prohibition shall not prevent:
A.
The pitching of tents or the construction of nonresidential shelters of a temporary nature for the purposes of camping, fishing, swimming or hunting by the owner.
B.
Site and Building Permit Review Board approval.
[Amended 11-21-1994 by L.L. No. 2-1994; 12-18-2000 by L.L. No. 5-2000; 10-21-2002 by L.L. No. 3-2002]
(1)
After obtaining Site and Building Permit Review Board approval:
(a)
The construction, alteration or substantial repair of private docks, boat ramps, seawalls, retaining walls and jetties or dredging for navigation purposes in that portion of Floodplain District I within Coastal Overlay Districts-1 and -2, subject, however, to the provisions of Article XVI hereof regarding the coastal erosion hazard area.
(b)
The substantial repair of legal preexisting but nonconforming private docks, boathouses, boat ramps, seawalls, retaining walls and jetties in that portion of Floodplain District I within Coastal Overlay Districts-1 and -2.
(2)
Any application for Site and Building Permit Review Board approval shall comply with the requirements of § 175-50 of Chapter 175, Subdivisions of Land, and with the standards and procedures set forth in § 205-7C, except that the required determination shall be made by the Site and Building Permit Review Board with respect to the wetlands and floodplains rather than slope lands. No road traversing land lying within Floodplain District I shall be added to the Official Map of the Village. No uses prohibited in the Residence A-1 and A-2 Districts shall be permitted in Floodplain District I.
[Amended 1-19-2010 by L.L. No. 1-2010]
C.
The routine maintenance and minor repairs to legally existing buildings or structures within Floodplain District I.
§ 205-20 Basis for establishing areas of special flood hazard; Floodplain District II.
[Amended 6-15-1998 by L.L. No. 2-1998; 7-20-2009 by L.L. No. 2-2009]
A.
The areas of special flood hazard for the Village, Community Number 360799, are identified and defined on the following documents prepared by the Federal Emergency Management Agency:
(1)
Flood Insurance Rate Map Panel Numbers: 36103C0303H, 36103C0304H, 36103C0311H, 36103C0312H, 36103C0313H, 36103C0314H, 36103C0316H, 36103C0318H, 36103C0602H, whose effective date is September 25, 2009, and any subsequent revisions to these map panels that do not affect areas under our community’s jurisdiction.
(2)
A scientific and engineering report entitled “Flood Insurance Study, Suffolk County, New York, All Jurisdictions” dated September 25, 2009.
B.
The above documents are hereby adopted and declared to be a part of this Article. The Flood Insurance Study and/or maps are on file at the Lloyd Harbor Village, 32 Middle Hollow Road, Huntington, New York 11743.
§ 205-21 Penalties for offenses.
[Amended 2-24-1987 by L.L. No. 2-1987]
No structure shall hereafter be constructed, located, extended, converted or altered nor land developed without full compliance with the terms of this article and other applicable articles and regulations. Violation of the provisions of this article by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with the conditions) shall constitute a violation and subject the violator to the penalties provided for in § 205-72 of this chapter.
§ 205-22 Abrogation and greater restrictions.
[Amended 2-24-1987 by L.L. No. 2-1987]
This article is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where sections of this article or this article and other local laws or ordinances conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
§ 205-23 Interpretation; conflict with other laws.
[Amended 7-20-2009 by L.L. No. 2-2009]
A.
This article includes all revisions to the National Flood Insurance Program through October 27, 1997, and shall supersede all previous laws adopted for the purpose of flood damage prevention.
B.
In its interpretation and application, the provisions of this article shall be held to be minimum requirements, adopted for the promotion of the public health, safety, and welfare. Whenever the requirements of this article 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.
§ 205-24 Warning and disclaimer of liability.
[Amended 7-20-2009 by L.L. No. 2-2009]
The degree of flood protection required by this article 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 article does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This article shall not create liability on the part of the Village, any officer or employee thereof or the Federal Emergency Management Agency for any flood damages that result from reliance on this article or any administrative decision lawfully made thereunder.
§ 205-25 Development permit.
[Amended 4-18-1988 by L.L. No. 2-1988; 7-20-2009 by L.L. No. 2-2009]
In addition to the issuance of a building permit, a development permit shall be obtained before construction or development of permitted structures begins within any area in a Floodplain District. Application for a development permit shall be made on forms furnished by the Building Inspector and may include, but 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 and drainage facilities; and the location of the foregoing. Specifically, the following information is required:
A.
The proposed elevation, in relation to mean sea level, of the lowest floor (including basement or cellar) of any new or substantially improved structure to be located in Zones A1-A30, AE or AH, or Zone A if base flood elevation data are available. Upon completion of the lowest floor, the permittee shall submit to the Building Inspector the as-built elevation, certified by a licensed professional engineer or surveyor.
B.
The proposed elevation, in relation to mean sea level, to which any new or substantially improved nonresidential structure will be floodproofed. Upon completion of the floodproofed portion of the structure, the permittee shall submit to the Building Inspector the as-built floodproofed elevation, certified by a professional engineer or surveyor.
C.
The proposed elevation, in relation to mean sea level, of the bottom of the lowest structural member of the lowest floor (excluding pilings and columns) of any new or substantially improved structure to be located in Zones V1-V30 or VE, or Zone V if base flood elevation data are available. Upon completion of the lowest floor, the permittee shall submit to the local administrator the as-built elevation, certified by a licensed professional engineer or surveyor.
D.
Certification from a licensed professional engineer or architect that any utility floodproofing will meet the criteria in § 205-30C, Utilities.
E.
Certification from a licensed professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in § 205-30.2, Nonresidential structures (except coastal high hazard areas).
F.
Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. Computations by a licensed professional engineer must be submitted 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, computations or other material required by the Federal Emergency Management Agency (FEMA) to revise the documents enumerated in § 205-20, when notified by the Building Inspector, and must pay any fees or other costs assessed by FEMA for this purpose. The applicant must also provide assurances that the conveyance capacity of the altered or relocated stream segment will be maintained.
G.
A technical analysis, by a licensed professional engineer, if required by the Building Inspector, which shows whether proposed development to be located in an area of special flood hazard may result in physical damage to any other property.
H.
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 proposal for manufactured home and recreation vehicle parks and subdivisions, if permitted in the future, that are greater than either 50 lots or five acres.
I.
In Zones V1-V30 and VE, and also Zone V if base flood elevation are available, designs and specifications, certified by a licensed professional engineer or architect, for any breakaway walls in a proposed structure with design strengths in excess of 20 pounds per square foot.
J.
In Zones V1-V30 and VE, and also Zone V if base flood elevation are available, for all new and substantial improvements to structures, floodplain development permit applications shall be accompanied by design plans and specifications, prepared in sufficient detail to enable independent review of the foundation support and connection components. Said plans and specifications shall be developed or reviewed by a licensed professional engineer or architect, and shall be accompanied by a statement, bearing the signature of the architect or engineer, certifying that the design and methods of construction to be used are in accordance with accepted standards of practice and with all applicable provisions of this article.
§ 205-26 Designation of administrator.
The Building Inspector of the Village is hereby appointed to administer and implement this article by granting or denying development permit applications in accordance with its provisions.
§ 205-27 Duties and responsibilities of administrator.
[Amended 4-18-1988 by L.L. No. 2-1988; 7-20-2009 by L.L. No. 2-2009]
Duties of the Building Inspector shall include, but not be limited to:
A.
Permit review. The Building Inspector shall conduct the following permit application review before issuing a floodplain development permit:
(1)
Review all applications for completeness, particularly with the requirements of § 205-25, Development permit, and for compliance with the provisions and standards of this article.
(2)
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 § 205-29, General standards for flood hazard reduction, and, in particular, § 205-29B, Subdivision proposals.
(3)
Determine whether any proposed development in an area of special flood hazard may result in physical damage to any other property (e.g., stream bank erosion and increased flood velocities). The Building Inspector 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 § 205-29, General standards for flood hazard reduction, and § 205-31.2, Manufactured homes and recreational vehicles, of this article, no permit shall be issued. The applicant may revise the application to include measures that mitigate or eliminate the adverse effects and resubmit the application.
(4)
Review all development permits to assure that the proposed development will not alter sand dunes so as to create potential flood damage.
(5)
Review plans for walls to be used to enclose space below the base flood level.
(6)
Review all development permits to assure that the proposed development will not adversely affect the flood-carrying capacity of areas of special flood hazard. For the purpose of this article, "adversely affects" means that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood.
B.
Use of other base flood data.
(1)
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 Building Inspector shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, including data developed pursuant to § 205-25G, as criteria for requiring that new construction, substantial improvements or other proposed development meet the requirements of this article.
(2)
When base flood elevation data are not available, the Building Inspector may use flood information from any other authoritative source, such as historical data, to establish flood elevations within the areas of special flood hazard, for the purposes of this article.
C.
The Building Inspector shall retain and maintain and make available for inspection, copies of the following:
(1)
Floodplain development permits and certificates of compliance;
(2)
Certifications of as-built lowest floor elevations of structures, required pursuant to § 205-27E(1) and (2) and whether or not the structures contain a basement;
(3)
Floodproofing certificates required pursuant to § 205-27E(1), and whether or not the structures contain a basement;
D.
Alteration of watercourses. The Building Inspector shall:
(1)
Give notification to adjacent communities and the New York State Department of Environmental Conservation prior to permitting any alteration or relocation of a watercourse, and submittal of evidence of such notification to the Regional Director, Region II, Federal Emergency Management Agency.
(2)
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 diminished.
E.
Construction stage.
(1)
In Zones A1-A30, AE and AH, and also Zone A if base flood elevation data are available, upon placement of the lowest floor or completion of floodproofing of a new or substantially improved structure, obtain from the permit holder a certification of the as-built elevation of the lowest floor or floodproofed elevation, in relation to mean sea level. The certificate shall be prepared by or under the direct supervision of a licensed 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 recreational vehicle if it remains on a site for 180 consecutive days or longer (unless it is fully licensed and ready for highway use).
(2)
In Zones V1-V30 and VE, and also Zone V if base flood elevation data are available, upon placement of the lowest floor of a new or substantially improved structure, the permit holder shall submit to the Building Inspector a certificate of elevation, in relation to mean sea level, of the bottom of the lowest structural member of the lowest floor (excluding pilings and columns). The certificate shall be prepared by or under the direct supervision of a licensed 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. An elevation certificate must also be submitted for a recreational vehicle if it remains on a site 180 consecutive days or longer (unless it is fully licensed and ready for highway use).
(3)
Any further work undertaken prior to submission and approval of the certification shall be at the permit holder's risk. The Building Inspector shall review all data submitted. Deficiencies detected shall be cause to issue a stop-work order for the project unless immediately corrected.
F.
Inspections. The Building Inspector shall make periodic inspections at appropriate times throughout the period of construction in order to monitor compliance with permit conditions. The developer's engineer or architect shall certify to the Village that the development is in compliance with the requirements of the floodplain development permit and/or any variance provisions.
G.
Stop-work orders.
(1)
The Building Inspector shall issue, or cause to be issued, a stop-work order for any floodplain development found ongoing without a development permit. Disregard of a stop-work order shall subject the violator to the penalties described in § 205-21, Penalties for offenses, of this article.
(2)
The Building Inspector shall issue, or cause to be issued, a stop-work order for any floodplain development found noncompliant with the provisions of this article and/or the conditions of the development permit. Disregard of a stop-work order shall subject the violator to the penalties described in § 205-21, Penalties for offenses, of this article.
H.
Certificate of compliance.
(1)
In areas of special flood hazard, as determined by documents enumerated in § 205-20, Basis for establishing areas of special flood hazard; Floodplain District II, 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 compliance has been issued by the Building Inspector stating that the building or land conforms to the requirements of this article.
(2)
A certificate of compliance shall be issued by the Building Inspector upon satisfactory completion of all development in areas of special flood hazard.
I.
Interpretation of FIRM boundaries. The Building Inspector shall 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 § 205-28, Variances.
§ 205-28 Variances.
A.
Appeal Board.
(1)
The Board of Zoning Appeals, as established by the Village, shall hear and decide appeals and requests for variances from the requirements of this article consistent with the standards of Section 60.6 of the Rules and Regulations of the National Flood Insurance Program.
(2)
The Board of Zoning Appeals shall hear and decide appeals when it is alleged there is an error in any requirement, decision or determination made by the Building Inspector in the enforcement or administration of this article.
(4)
In passing upon such applications, the Board of Zoning Appeals shall consider all technical evaluations, all relevant factors, standards specified in other sections of this article and:
(a)
The danger that materials may be swept onto other lands to the injury of others.
(b)
The danger to life and property due to flooding or erosion damage.
(c)
The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.
(d)
The importance of the services provided by the 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 effects 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.
(5)
Upon consideration of the factors of § 205-28A(4) and the purposes of this article, the Board of Zoning Appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this article.
[Amended 7-20-2009 by L.L. No. 2-2009]
(6)
The Board of Zoning Appeals shall maintain the records of all appeal actions, including technical information, and report any variances to the Federal Emergency Management Agency upon request.
[Amended 7-20-2009 by L.L. No. 2-2009]
B.
Conditions for variances.
(1)
Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of two acres or more in size in the Residence A-1 District and four acres or more in size in the Residence A-2 District, contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided that the provisions of Subsection A(4)(a) through (k) have been fully considered. As the lot size increases beyond two acres in the Residence A-1 District and beyond four acres in the Residence A-2 District, the technical justification required for issuing the variance increases.
[Amended 7-20-2009 by L.L. No. 2-2009; 1-19-2010 by L.L. No. 1-2010]
(2)
Variances may be issued for the repair, reconstruction, rehabilitation or restoration of historic structures upon determination that:
(3)
Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
(4)
Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
(5)
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 or extraordinary public expense nor create nuisances, cause fraud on or victimization of the public as identified in Subsection A(4) or conflict with existing local laws or ordinances.
(6)
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.
(7)
Variances granted pursuant to this article shall not be deemed to vary any other provision of this chapter.
(8)
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:
[Added 7-20-2009 by L.L. No. 2-2009]
§ 205-29 General standards for flood hazard reduction.
[Amended 11-20-1989 by L.L. No. 6-1989; 7-20-2009 by L.L. No. 2-2009; 1-19-2010 by L.L. No. 1-2010]
In Floodplain District II and those areas included within Floodplain District I that are placed in the Residence A-1 or A-2 Districts, the following standards are required:
A.
Coastal high hazard areas.
(1)
All new construction, including manufactured homes and recreational vehicles on site 180 days or longer and not fully licensed for highway use, shall be located landward of the reach of high tide.
(2)
The use of fill for structural support of buildings, manufactured homes or recreational vehicles on site 180 days or longer is prohibited.
(3)
Man-made alteration of sand dunes which would increase potential flood damage is prohibited.
B.
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 vehicle parks and subdivisions, if permitted in the future.
(1)
Proposals shall be consistent with the need to minimize flood damage;
(2)
Public utilities and facilities such as sewer, gas, electrical and water systems shall be located and constructed so as to minimize flood damage;
(3)
Adequate drainage shall be provided to reduce exposure to flood damage; and
(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).
§ 205-30 Standards for all structures.
[Amended 4-18-1988 by L.L. No. 2-1988; 7-20-2009 by L.L. No. 2-2009]
A.
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 resisting wind forces.
B.
Construction materials and methods.
(1)
New construction and substantial improvements to structures shall be constructed with materials and utility equipment resistant to flood damage.
(2)
New construction and substantial improvements to structures shall be constructed using methods and practices that minimize flood damage.
(3)
Enclosed areas.
(a)
For enclosed areas below the lowest floor of a 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 fully enclosed areas below the lowest floor that are usable 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 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 or meet or exceed the following minimum criteria:
(b)
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 subgrade on all sides are considered basements and are not permitted.
(4)
Within Zones V1-V30 and VE, and also within Zone V if base flood elevation are available, new construction and substantial improvements shall have the space below the lowest floor either free from obstruction or constructed with nonsupporting breakaway walls, open wood lattice-work or insect screening intended to collapse under wind and water loads without causing collapse, displacement, or other structural damage to the elevated portion of the building or supporting foundation system. The enclosed space below the lowest floor shall be used only for parking vehicles, building access or storage. Use of this space for human habitation is expressly prohibited. The construction of stairs, stairwells and elevator shafts are subject to the design requirements for breakaway walls.
C.
Utilities.
(1)
New and replacement electrical equipment, heating, ventilating, air conditioning, plumbing connections, and other service equipment shall be located at or above the base flood elevation or be designed to prevent water from entering and accumulating within the components during a flood and to resist hydrostatic and hydrodynamic loads and stresses. Electrical wiring and outlets, switches, junction boxes and panels shall be elevated to or above the base flood elevation unless they conform to the appropriate provisions of the electrical part of the Building Code of New York State or the Residential Code of New York State for location of such items in wet locations;
(2)
New and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system;
(3)
New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters. Sanitary sewer and storm drainage systems for buildings that have openings below the base flood elevation shall be provided with automatic backflow valves or other automatic backflow devices that are installed in each discharge line passing through a building's exterior wall; and
(4)
On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
§ 205-30.1 Residential structures (except coastal high hazard areas).
[Added 7-20-2009 by L.L. No. 2-2009]
A.
Elevation. The following standards apply to new and substantially improved residential structures located in areas of special flood hazard, in addition to the requirements in § 205-29B, Subdivision proposals, and § 205-30, Standards for all structures.
(1)
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 elevation.
(2)
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.
(3)
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 § 205-20, Basis for establishing areas of special flood hazard; Floodplain District II, (at least two feet if no depth number is specified).
(4)
Within Zones AH and AO, adequate drainage paths are required to guide floodwaters around and away from proposed structures on slopes.
§ 205-30.2 Nonresidential structures (except coastal high hazard areas).
[Added 7-20-2009 by L.L. No. 2-2009]
The following standards apply to new and substantially improved commercial, industrial and other nonresidential structures located in areas of special flood hazard, in addition to the requirements in § 205-29B, Subdivision proposals, and § 205-30 Standards for all structures.
A.
Within Zones A1-A30, AE and AH, and also Zone A if base flood elevation data are available, new construction and substantial improvements of any nonresidential structure, together with attendant utility and sanitary facilities, shall either:
(1)
Have the lowest floor, including basement or cellar, elevated to or above two feet above the base flood elevation; or
(2)
Be floodproofed so that the structure is watertight below two feet above the base flood elevation with walls substantially impermeable to the passage of water. All structural components located below the base flood elevation must be capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy.
B.
Within Zone AO, new construction and substantial improvements of nonresidential structures shall:
(1)
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 least two feet if no depth number is specified); or
C.
If the structure is to be floodproofed, a licensed professional engineer or architect shall develop and/or review structural design, specifications, and plans for construction. A floodproofing certificate or other certification shall be provided to the Building Inspector that certifies the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions of § 205-30.2A(2), including the specific elevation (in relation to mean sea level) to which the structure is to be floodproofed.
D.
Within Zones AH and AO, adequate drainage paths are required to guide floodwaters around and away from proposed structures on slopes.
E.
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.
§ 205-31 Residential structures (coastal high hazard areas).
[Amended 7-20-2009 by L.L. No. 2-2009]
Coastal high hazard areas (V Zones) are located within Floodplain District II (which may include portions of Floodplain District I) as established in § 205-20, Basis for establishing areas of special flood hazard; Floodplain District II. The following standards, in addition to the standards in § 205-29A, Coastal high hazard areas, § 205-29B, Subdivision proposals, and § 205-30, Standards for all structures, apply to new and substantially improved residential structures located in areas of special flood hazard shown as Zones V1-V30,VE or V on the community's Flood Insurance Rate Map designated in § 205-20, Basis for establishing areas of special flood hazard; Floodplain District II.
A.
Elevation. The location of all buildings or structures shall be located landward of the reach of mean high tide. New construction and substantial improvements shall be elevated on pilings, columns or shear walls such that the bottom of the lowest horizontal structural member supporting the lowest elevated floor (excluding columns, piles, diagonal bracing attached to the piles or columns, grade beams, pile caps and other members designed to either withstand storm action or break away without imparting damaging loads to the structure) is elevated to or above two feet above base flood elevation so as not to impede the flow of water.
B.
Determination of loading forces. Structural design shall consider the effects of wind and water loads acting simultaneously during the base flood on all building components.
(1)
The structural design shall be adequate to resist water forces that would occur during the base flood. Horizontal water loads considered shall include inertial and drag forces of waves, current drag forces, and impact forces from waterborne storm debris. Dynamic uplift loads shall also be considered if bulkheads, walls, or other natural or man-made flow obstructions could cause wave run-up beyond the elevation of the base flood.
(2)
Buildings shall be designed and constructed to resist the forces due to wind pressure. Wind forces on the superstructure include windward and leeward forces on vertical walls, uplift on the roof, internal forces when openings allow wind to enter the house, and upward force on the underside of the house when it is exposed. In the design, the wind should be assumed to blow potentially from any lateral direction relative to the house.
(3)
Wind-loading values used shall be those required by the building code.
C.
Foundation standards.
(1)
The pilings or column foundation and structure attached thereto shall be adequately anchored to resist flotation, collapse or lateral movement due to the effects of wind and water pressures acting simultaneously on all building components. Foundations must be designed to transfer safely to the underlying soil all loads due to wind, water, dead load, live load and other loads (including uplift due to wind and water).
(2)
Spread footings and fill material shall not be used for structural support of a new building or substantial improvement of an existing structure.
D.
Pile foundation design.
(1)
The design ratio of pile spacing to pile diameter shall not be less than 8:1 for individual piles. (This shall not apply to pile clusters located below the design grade). The maximum center-to-center spacing of wood piles shall not be more than 12 feet on center under load-bearing sills, beams, or girders.
(2)
Pilings shall have adequate soil penetration (bearing capacity) to resist the combined wave and wind loads (lateral and uplift) associated with the base flood acting simultaneously with typical structure (live and dead) loads, and shall include consideration of decreased resistance capacity caused by erosion of soil strata surrounding the piles. The minimum penetration for foundation piles is to an elevation of five feet below mean sea level (msl) datum if the BFE is +10 msl or less, or to be at least 10 feet below msl if the BFE is greater than +10 msl.
(3)
Pile foundation analysis shall also include consideration of piles in column action from the bottom of the structure to the stable soil elevation of the site. Pilings may be horizontally or diagonally braced to withstand wind and water forces.
(4)
The minimum acceptable sizes for timber piles are a tip diameter of eight inches for round timber piles and eight inches by eight inches for square timber piles. All wood piles must be treated in accordance with requirements of EPEE-C3 to minimize decay and damage from fungus.
(5)
Reinforced concrete piles shall be cast of concrete having a twenty-eight-day ultimate compressive strength of not less than 5,000 pounds per square inch, and shall be reinforced with a minimum of four longitudinal steel bars having a combined area of not less than 1% nor more than 4% of the gross concrete area. Reinforcing for precast piles shall have a concrete cover of not less than 1 1/4 inches for No. 5 bars and smaller and not less than 1 1/2 inches for No. 6 through No. 11 bars. Reinforcement for piles cast in the field shall have a concrete cover of not less than two inches.
(6)
Piles shall be driven by means of a pile driver or drop hammer, jetted, or augered into place.
(7)
Additional support for piles in the form of bracing may include lateral or diagonal bracing between piles.
(8)
When necessary, piles shall be braced at the ground line in both directions by a wood timber grade beam or a reinforced concrete grade beam. These at-grade supports should be securely attached to the piles to provide support even if scoured from beneath.
(9)
Diagonal bracing between piles, consisting of two-inch-by-eight-inch (minimum) members bolted to the piles, shall be limited in location to below the lowest supporting structural member and above the stable soil elevation, and aligned in the vertical plane along pile rows perpendicular to the shoreline. Galvanized steel rods(minimum diameter 1/2 inch) or cable-type bracing is permitted in any plane.
(10)
Knee braces, which stiffen both the upper portion of a pile and the beam-to-pile connection, may be used along pile rows perpendicular and parallel to the shoreline. Knee braces shall be two-by-eight lumber bolted to the sides of the pile/beam, or four-by-four-or-larger braces framed into the pile/beam. Bolting shall consist of two five-eighths-inch galvanized steel bolts (each end) for two-by-eight members, or one five-eighths-inch lag bolt (each end) for square members. Knee braces shall not extend more than three feet below the elevation of the base flood.
E.
Column foundation design. Masonry piers or poured-in-place concrete piers shall be internally reinforced to resist vertical and lateral loads, and be connected with a movement-resisting connection to a pile cap or pile shaft.
F.
Connectors and fasteners. Galvanized metal connectors, wood connectors, or bolts of size and number adequate for the calculated loads must be used to connect adjoining components of a structure. Toe nailing as a principal method of connection is not permitted. All metal connectors and fasteners used in exposed locations shall be steel, hot-dipped galvanized after fabrication. Connectors in protected interior locations shall be fabricated from galvanized sheet.
G.
Beam-to-pile connections. The primary floor beams or girders shall span the supports in the direction parallel to the flow of potential floodwater and wave action and shall be fastened to the columns or pilings by bolting, with or without cover plates. Concrete members shall be connected by reinforcement, if cast in place, or (of precast) shall be securely connected by bolting and welding. If sills, beams, or girders are attached to wood piling at a notch, a minimum of two five-eights-inch galvanized steel bolts or two hot-dipped galvanized straps 3/16 inch by four inches by 18 inches each bolted with two one-half-inch lag bolts per beam member shall be used. Notching of pile tops shall be the minimum sufficient to provide ledge support for beam members without unduly weakening pile connections. Piling shall not be notched so that the cross section is reduced below 50%.
H.
Floor and deck connections.
(1)
Wood two-by-four-inch (minimum) connectors or metal joist anchors shall be used to tie floor joists to floor beams/girders. These should be installed on alternate floor joists, at a minimum. Cross bridging of all floor joists shall be provided. Such cross bridging may be one-by-three-inch members, placed eight feet on-center maximum, or solid bridging of same depth as joist at same spacing.
(2)
Plywood should be used for subflooring and attic flooring to provide good torsional resistance in the horizontal plane of the structure. The plywood should not be less than three-fourths-inch total thickness, and should be exterior grade and fastened to beams or joists with 8d annular or spiral thread galvanized nails. Such fastening shall be supplemented by the application of waterproof industrial adhesive applied to all bearing surfaces.
I.
Exterior wall connections. All bottom plates shall have any required breaks under a wall stud or an anchor bolt. Approved anchors will be used to secure rafters or joists and top and bottom plates to studs in exterior and bearing walls to form a continuous tie. Continuous fifteen-thirty-seconds-inch-or-thicker plywood sheathing overlapping the top wall plate and continuing down to the sill, beam, or girder may be used to provide the continuous tie. If the sheets of plywood are not vertically continuous, then two-by-four nailer blocking shall be provided at all horizontal joints. In lieu of the plywood, galvanized steel rods of 1/2 inch diameter or galvanized steel straps not less than one inch wide by 1/16 inch thick may be used to connect from the top wall plate to the sill, beam, or girder. Washers with a minimum diameter of three inches shall be used at each end of the 1/2 inch round rods. These anchors shall be installed no more than two feet from each corner rod, no more than four feet on center.
J.
Ceiling joist/rafter connections.
(1)
All ceiling joists or rafters shall be installed in such a manner that the joists provide a continuous tie across the rafters. Ceiling joists and rafters shall be securely fastened at their intersections. A metal or wood connector shall be used at alternate ceiling joist/rafter connections to the wall top plate.
(2)
Gable roofs shall be additionally stabilized by installing two-by-four blocking on two-foot centers between the rafters at each gable end. Blocking shall be installed a minimum of eight feet toward the house interior from each gable end.
K.
Projecting members. All cantilevers and other projecting members must be adequately supported and braced to withstand wind and water uplift forces. Roof eave overhangs shall be limited to a maximum of two feet and joist overhangs to a maximum of one foot. Larger overhangs and porches will be permitted if designed or reviewed and certified by a registered professional engineer or architect.
L.
Roof sheathing.
(1)
Plywood, or other wood material, when used as roof sheathing, shall not be less than 15/32 inch in thickness, and shall be of exterior sheathing grade or equivalent. All attaching devices for sheathing and roof coverings shall be galvanized or be of other suitable corrosion-resistant material.
(2)
All corners, gable ends, and roof overhangs exceeding six inches shall be reinforced by the application of waterproof industrial adhesive applied to all bearing surfaces of any plywood sheet used in the sheathing of such corner, gable end, or roof overhang.
(3)
In addition, roofs should be sloped as steeply as practicable to reduce uplift pressures, and special care should be used in securing ridges, hips, valleys, eaves, vents, chimneys, and other points of discontinuity in the roofing surface.
M.
Protection of openings. All exterior glass panels, windows, and doors shall be designed, detailed, and constructed to withstand loads due to the design wind speed of 75 mph. Connections for these elements must be designed to transfer safely the design loads to the supporting structure. Panel widths of multiple panel sliding glass doors shall not exceed three feet.
N.
Breakaway wall design standards.
(1)
The breakaway wall shall have a design safe loading resistance of not less than 10 and not more than 20 pounds per square foot, with the criterion that the safety of the overall structure at the point of wall failure be confirmed using established procedures. Grade beams shall be installed in both directions for all piles considered to carry the breakaway wall load. Knee braces are required for front row piles that support breakaway walls.
(2)
Use of breakaway wall strengths in excess of 20 pounds per square foot shall not be permitted unless a registered professional engineer or architect has developed or reviewed the structural design and specifications for the building foundation and breakaway wall components, and certifies that the breakaway walls will fail under water loads less than those that would occur during the base flood; and the elevated portion of the building and supporting foundation system will not be subject to collapse, displacement, or other structural damage due to the effects of wind and water loads acting simultaneously on all building components (structural and nonstructural). Water-loading values used shall be those associated with the base flood. Wind-loading values shall be those required by the building code.
O.
Sand dunes. There shall be no alteration of sand dunes which would increase potential flood damage.
§ 205-31.1 Nonresidential structures (coastal high hazard areas).
[Added 7-20-2009 by L.L. No. 2-2009]
In Zones V1-V30, VE and also Zone V if base flood elevations are available, new construction and substantial improvements of any nonresidential structure, together with attendant utility and sanitary facilities, shall have the bottom of lowest member of the lowest floor elevated to or above two feet above the base flood elevation. Floodproofing of structures is not an allowable alternative to elevating the lowest floor to two feet above the base flood elevation in Zones V1-V30, VE and V.
§ 205-31.2 Manufactured homes and recreational vehicles.
[Added 7-20-2009 by L.L. No. 2-2009]
The following standards in addition to the standards in § 205-29, General standards for flood reduction, and § 205-30, 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.
A.
B.
A manufactured home that is placed or substantially improved in Zones A1-A30, AE, AH, V1-V30, V, and VE shall be elevated on a permanent foundation such that the lowest floor is elevated to or above two feet above the base flood elevation and is securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement. Elevation on piers consisting of dry stacked blocks is prohibited.
C.
Within Zones A or V, when no base flood elevation data are available, new and substantially improved 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 adequately anchored foundation system to resist flotation, collapse or lateral movement. Elevation on piers consisting of dry stacked blocks is prohibited.
D.
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 § 205-20 (at least two feet if no depth number is specified). Elevation on piers consisting of dry stacked blocks is prohibited.