Ocean Beach City Zoning Code
ARTICLE VI
Comprehensive All-Hazards Code
§ 164-40 Statutory authorization and purpose.
§ 164-40.1 Enactment.
Pursuant to the provisions of Article 2-B, § 23 of the New York State Executive Law and § 10 of the Municipal Home Rule Law, the Incorporated Village of Ocean Beach, County of Suffolk, State of New York, hereby enacts by Local Law No. 5 of 1999, this article.
§ 164-40.2 Title.
This article shall be known and may be cited as the "Incorporated Village of Ocean Beach Comprehensive All-Hazard Law."
§ 164-40.3 When effective.
This article shall take effect 20 calendar days from September 25, 1999, which is the date of this article's adoption and filing pursuant to § 27 of the Municipal Home Rule Law, or the date of filing the official maps, whichever is later.
§ 164-40.4 Purpose.
The Incorporated Village of Ocean Beach hereby assumes the responsibility and authority to implement and administer a Comprehensive All-Hazards Management Program within its jurisdiction pursuant to Article 2-B, § 23 of the New York State Executive Law. In addition, it is the purpose of this article to:
A.
Establish standards and procedures relating to land use and building regulations, as necessary to address all-hazards, including flooding, coastal and floodplain management, stormwater management, coastal erosion and wind that incorporates standards more restrictive than those required by state and/or federal law.
B.
Establish standards and procedures for minimizing and preventing damage to structures from all hazards and to protect natural protective features and other natural resources.
C.
Regulate in coastal areas subject to coastal flooding, erosion and wind, land use and development activities so as to minimize or prevent damage or destruction to man-made property and to protect human life.
D.
Regulate new construction or improvements to structures in order to mitigate the impacts of coastal flooding, erosion and wind to ensure that these structures are not prematurely destroyed or damaged due to coastal flooding, erosion and wind during severe storm events.
§ 164-40.5 Findings.
The Incorporated Village of Ocean Beach finds that:
A.
The village area, being situated on Fire Island, one of the barrier islands of Long Island, separating the Atlantic Ocean and the Great South Bay in the Town of Islip, is placed in a geographical area which is expected to be affected by at least one tropical storm every five plus years, and at least one hurricane every 14 plus years. However, over the past 20 years the village area has been impacted by five major blizzards and winter storms, four major northeast coastal storms and four major hurricanes, in addition to numerous local severe storm events, which greatly exceeds the predicted average by over 400%.
B.
The village area is entirely situated within mapped flood and coastal erosion hazard areas and, for the small size of the village, has seven different flood hazard zones and a coastal erosion hazard zone within the village's jurisdiction and is also situated within the Fire Island National Seashore, a fragile, environmentally sensitive barrier island estuary.
C.
Since the early 1980's, severe storm activity and natural coastal geologic processes have caused extensive flooding and erosion of the village's Great South Bay and Atlantic Ocean coastlines. Significant, repetitive damage has occurred to both bayfront and oceanfront property and structures, municipal infrastructure, commercial docks and recreational beaches; additionally, the newly released Federal Emergency Management Agency (FEMA) county-wide (Suffolk County) flood insurance study and accompanying Flood Insurance Rate Maps (FIRM's) do not reflect the current deteriorated conditions existing in the village, representing a major impact to the village.
D.
The village recognizes that all of the above factors must be examined as they impact flooding and erosion risks and that practical actions must be identified, that the village and the private property owners can take, in the short- and long-term, to better deal with the flooding and erosion problems being experienced within the village. Additionally, the village further recognizes that communities may impose stricter local requirements to compensate for the reduced flood protection. Flooding issues, the condition of the deteriorated primary dunes and other related issues are addressed by the village in this Comprehensive All-Hazards article.
E.
The village intends to prevent damage through the implementation of initiatives, such as standardization of base flood elevations, freeboard standards, utility connection standards, enhanced substantial and cumulative improvement standards, stormwater management requirements, increased wind standards, enhanced floodproofing and elevation standards and enhanced flood damage prevention and coastal erosion hazards area requirements. The code modifications will ensure that the most recent floodplain management and construction requirements are met by property owners, residents and business owners when performing all new construction and/or cumulative and substantial improvements, including those repairs caused by a storm event.
F.
In addition to addressing the mitigation of hazards, updated regulations, codes and authorizing local laws based on current federal and state floodplain and coastal erosion hazards management and construction requirements enable Ocean Beach's floodplain and coastal erosion administrator, and Building and Zoning and Planning Departments, to increase their floodplain and coastal erosion management, and enforcement capabilities.
§ 164-41 Applicable codes and standards.
§ 164-41.1 Standardization of base flood elevations.
The mapped areas of special flood hazard, the risk premium zones and the base flood elevations (BFE) applicable to the Incorporated Village of Ocean Beach, Community Number: 365339, as indicated on the Flood Insurance Rate Maps (FIRM's) for the Incorporated Village of Ocean Beach, are amended as follows:
§ 164-41.2 Incorporation of freeboard requirements.
[Amended 11-13-2004 by L.L. No. 2-2004; 11-16-2013 by L.L. No. 2-2013; 11-2-2019 by L.L. No. 6-2019]
All new residential and nonresidential structures, or the reconstruction, rehabilitation, addition, repair or other improvement of residential and nonresidential structures, the cost of which equals or exceeds 41% of the market value of the structure before the start of construction of the improvement, shall be provided with a flood protection elevation as follows:
A.
All new residential structures, or the reconstruction, rehabilitation, addition, repair or other improvement of a residential structure, shall be provided with a flood protection elevation which conforms with the New York State Residential Building Code requirements. The base flood elevation is indicated on the latest version of the Flood Insurance Rate Maps, as modified by § 164-41.1 of this Code.
B.
All new nonresidential structures, or the reconstruction, rehabilitation, addition, repair or other improvement of a nonresidential structure, shall be provided with a flood protection elevation as indicated on the Flood Insurance Rate Map, as modified by § 164-41.1 of this Code.
C.
The basis for determining the location of the lowest floor of the structure shall be as defined in Article VIA of the Village's Zoning Code, titled "Flood Damage Prevention," §§ 164-49 Construction standards, 164-49.1. General standards, 164-49.2, Specific standards and 164-49.3, Coastal high hazard areas.
D.
The definition of "Flood protection elevation" shall be as defined in Article VIA of the Village's Zoning Code, titled "Flood Damage Prevention," § 164-46 Definitions.
§ 164-41.3 Breakaway Code requirements below base flood elevation.
All walls situated below the base flood elevation that are not part of the structural support of the building shall be designed and constructed to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or the supporting foundation system, as detailed and described in the following:
The design standards to be met shall be as defined in Article VIA of the Village's Zoning Code, titled "Flood Damage Prevention," §§ 164-49, Construction standards, and 164-49.4A(14), Breakaway wall design standards. |
§ 164-41.4 Utility standards.
All utilities, services, machinery, equipment, appliances and fuel containers servicing a building shall be elevated to or above the base flood elevation, as detailed and described in the following:
A.
The design standards to be met shall be as defined in Article VIA of the Village's Zoning Code, titled "Flood Damage Prevention," §§ 164-49 Construction standards, § 164-49.1, General standards and 164-49.2C, Utilities.
B.
Inspection and certification of electrical service connections from the utility company are required prior to the issuance of a certificate of occupancy by the Village.
C.
By definition of the Incorporated Village of Ocean Beach Flood Damage Prevention Code, a fuel oil tank or propane gas cylinder or tank is classified as a structure. As such, they are required to be located above the base flood elevation.
D.
Placing either a fuel oil tank or propane tank away from the structure causes increased threat of disruption in that the service between the tank and the structure is vulnerable to damage or loss. In addition to being required to be elevated above the base flood elevation, all storage tanks and cylinders must be secured to prevent buoyancy.
E.
The New York State Building Code (PART 1001) requires that:
F.
The standards for the placement and connection of fuel containers shall be as defined in the following reference standards. The guidelines are considered a generally accepted standard to the The New York State Uniform Fire Prevention and Building Code and shall govern the installation details for such systems and equipment in the Incorporated Village of Ocean Beach:
(1)
FEMA Coastal Construction Manual (4.3.6 Utilities) offers recommendations for the protection of utility systems which are considered the minimum standard to be met for utility installations. As defined in (4.3.6 Utilities), the recommendations for the protection of utility systems are based on the following criteria:
(a)
Major utilities and mechanical equipment should be protected from inundation by the base flood.
(b)
Utility connections and underground services must be capable of withstanding forces imparted by a velocity flood condition, without damage or contamination of other resources.
(c)
The structures should remain habitable following flooding, with necessary systems for habitation (water, sanitary sewer and electric power) operating properly.
(2)
Liquefied Petroleum Gases Handbook of the National Fire Protection Association (Chapter 3 — Installation of LP-Gas Systems) details requirements for the location and field installation of LP-Gas systems. Appendix I of said publication indicates dimensional data that gas cylinders and tanks should conform to. The Installation Guideline indicates the following typical dimensional requirements:
(a)
DOT cylinders not filled at site. Requires a five-foot-zero-inch minimum distance to any source of ignition (including window air conditioner); a five-foot-zero-inch minimum distance to any direct vent appliance; and a three-foot-zero-inch minimum distance to any window or exhaust fan.
(b)
DOT cylinders filled at site by truck. Requires a ten-foot-zero-inch minimum distance to any source of ignition (including window air conditioner); and a five-foot-zero-inch minimum distance to any window or exhaust fan.
(c)
Aboveground ASME containers under 125 gallons. Requires a ten-foot-zero-inch minimum distance to any source of ignition (including window air conditioner) or direct vent appliance; and a five-foot-zero-inch minimum distance to any window or exhaust fan.
(d)
Larger aboveground ASME containers. Larger containers which require separation from the structure should be discouraged and allowed only after submittal of a permit application and installation details which address the methods of securing the tank from flotation and how the tank and connecting service will be protected from damage due to scour and flooding.
(3)
National Fuel Gas Code Handbook of the National Fire Protection Association is a safety code that shall apply to the installation of fuel gas piping systems, fuel gas utilization equipment and related accessories which supplied with natural gas, manufactured gas and liquefied petroleum (LP) gas.
(4)
Standard for the Installation of Oil-Burning Equipment, NFPA 31, published by the National Fire Protection Association, shall apply to the installation of fuel oil piping systems, equipment and related accessories.
§ 164-41.5 Substantial and cumulative improvements.
[Amended 11-2-2019 by L.L. No. 6-2019]
All reconstructions, rehabilitations, additions, repairs or other improvements of a structure during the past 60 months shall be counted cumulatively in determining the threshold for substantial improvements. The threshold for substantial improvements is hereby set at 50% of the house living area before the start of construction of the improvement. The substantial and cumulative improvement requirements in the Incorporated Village of Ocean Beach are described and detailed as follows:
A.
All reconstructions, rehabilitations, additions, repairs or other improvements of a structure shall be counted cumulatively in determining the threshold for substantial improvements. The basis for determining cumulative improvements is the life of the structure, with the start date for counting cumulative improvements set at January 1998. All reconstructions, rehabilitations, additions, repairs or other improvements of a structure in progress on said date are hereby counted as cumulative improvements.
B.
The definition of "cumulative improvements" and "substantial improvements" shall be as defined in Article VIA of the village's Zoning Code titled, "Flood Damage Prevention," § 164-46, Definitions.
§ 164-41.6 Stormwater management requirements.
These stormwater management requirements apply to all new development and all reconstructions, rehabilitations, additions, repairs or other improvements of existing developed properties situated within the village.
A.
Ocean Beach has numerous low-lying areas which retain water for extended periods and appear to have no natural drainage capabilities. Protective sand berms, municipal walkway improvements and shore protection structures at the Great South Bay shoreline all impact the natural drainage features of the village area.
B.
Flooding in these areas appears to have several causes. The first is that the areas serve as a natural drainage basin for all of the surrounding areas with higher elevations, including the Atlantic Ocean shoreline; the second appears to be from severe, heavy rain events; and the third appears to be from severe storm events which cause tidal flooding from the Great South Bay.
C.
Due to no apparent natural drainage capabilities, the low-lying areas hold water for extended periods. Several of these low-lying areas have nonelevated residences, some with occupied floor levels significantly lower than adjacent higher grades, placing them in a higher risk for repetitive flooding.
D.
The low-lying areas situated within the village have been identified as Local Flood Prone Areas by the village in the village's adopted Flood Mitigation Plan. The low-lying areas situated within the village are shown on the Map indicating the village's Local Flood Mitigation Project Areas included as Appendix M in the village's Flood Mitigation Plan.[1]
[1]
Editor's Note: The village's Flood Mitigation Plan is on file in the village offices.
E.
The stormwater management requirements in the Incorporated Village of Ocean Beach are described and detailed as follows:
(1)
The village's Flood Mitigation Plan adopted by the Village Board of Trustees Resolution on October 17, 1998, and the manual titled "Reducing the Impacts of Stormwater Runoff from new Development," published by the New York State Department of Environmental Conservation, shall be considered as reference documents for the village's stormwater management requirements.
(2)
The control of stormwater runoff from any property situated within the village is intended to be achieved by utilizing best management practices whenever improvements, including placement of fill and grading activities, are proposed for individual properties.
(3)
All placement of fill and grading activities require a permit issued by the village's Building Department and shall be performed in accordance with any conditions that may be placed on the issuance of the permit.
(4)
All requests for placement of fill and grading activities require submittal of a recent property survey indicating the location and description of the proposed improvements, including placement of fill and grading activities, and both the existing and proposed grades.
(5)
Fill placement, grading activities and improvements must not impact or cause increased flood or erosion risk to adjacent properties or impact the natural drainage characteristics of the general area in which the property is situated.
(6)
Properties situated within identified low-lying areas shown on said map indicating the village's local flood mitigation project areas are required to demonstrate that the adjacent property owners located within the identified low-lying area do not object to the fill placement, grading activities and/or improvements proposed.
(7)
Swimming pools must not discharge water directly onto adjacent properties or cause erosion to adjacent properties, and additionally shall be as required by the village's Planning Board.
(8)
Debris and floatable material situated at any property within the village must not impact adjacent properties or the natural drainage characteristics of the general area during flood events.
§ 164-41.7 Increased wind standards.
Minimum wind loads for all new and improved structures within the village shall be based on a fastest-mile wind speed of 100 miles per hour in lieu of the seventy-five-miles-per-hour construction standard specified by the New York State Uniform Fire Prevention and Building Code, as follows:
A.
The Basic Wind Speed Map published by the American Society of Civil Engineers and included in this Code as Figure A,[1] identifies that Long Island has a basic wind speed of 90 miles per hour, which exceeds the New York State Code's seventy-five-mile-per-hour construction standard requirement for wind speed.
[1]
Editor's Note: Figure A is on file in the village offices.
B.
The fastest-mile wind speed of 100 miles per hour for the Village area is based on the ninety-mile-per-hour basic wind speed indicated by Figure A plus an exposure factor of 1.1 since the Village is situated within a coastal area with an exposed hurricane shoreline.
C.
All buildings, other exposed structures, components, cladding and roof coverings shall be designed to resist the pressure caused by wind in any direction as provided for herein this Code.
D.
All new residential and nonresidential structures, or the reconstruction, rehabilitation, addition, repair or other improvement of a residential and nonresidential structure, shall be provided with load-resisting connector systems which effectively provide continuity and connect and transfer loads through all building structure components and systems, including, but not limited to:
§ 164-41.8 Floodproofing of nonresidential structures.
All reconstructions, rehabilitations, additions, repairs or other improvements of a nonresidential structure shall be either floodproofed or elevated with the intent of reducing flood-related damage as follows:
A.
All floodproofing of nonresidential structures shall be provided with a flood protection elevation not to exceed 12 inches of freeboard above base flood elevation as indicated on said Flood Insurance Rate Map.
[Amended 11-13-2004 by L.L. No. 2-2004]
B.
All floodproofing of nonresidential structures shall be accomplished with either dry floodproofing or wet floodproofing methods and materials as determined by a licensed engineer or architect. Materials utilized shall be waterproof, including paints, finishes, flooring materials and cabinetry. To allow the removal of floodwaters from within a structure, all floors shall have a positive slope to a sump pump or drainage openings. FEMA (1993) Technical Bulletin 2 contains a listing of flood-resistant materials suitable for use and is on file in the Village office.
C.
To prevent structural failure, no floodproofing shall be performed over three feet in height without a licensed engineer's or architect's detailed analysis.
D.
Dry floodproofing or wet floodproofing does not satisfy the requirements for bringing substantially damaged or improved structures into compliance.
E.
Floodproofing operations performed for all nonresidential structures shall also include the floodproofing and or relocation of utilities and equipment. All interior electrical lines and panels shall be elevated above the flood protection elevation of 24 inches of freeboard above the base flood elevations as indicated on said Flood Insurance Rate Map, as modified by § 164-41.1 of this Code. All utility penetrations shall be pressure sealed. Elevation of nonresidential structures shall conform to § 164-41.9 of this Code.
§ 164-41.9 Elevation of residential and nonresidential structures.
All new residential and nonresidential structures, or the reconstruction, rehabilitation, addition, repair or other improvement of residential structures, shall be elevated as required by this Comprehensive All-Hazards article; Article VIA of the village's Zoning Code, titled "Flood Damage Prevention," Article VIB of the village's Zoning Code, titled "Coastal Erosion Hazard Area Management," and as follows:
A.
All reconstructions, rehabilitations, additions, repairs or other improvements of nonresidential structures shall be evaluated by a licensed architect or engineer to determine whether the nonresidential structure is to be either elevated or floodproofed, or a combination of both.
B.
Prior to the elevation of residential structures, and either floodproofing or elevation of nonresidential structures, the existing ground elevation shall be evaluated and the elevation and/or floodproofing height certified by a licensed architect, engineer or surveyor to determine compliance with the village's floodplain and coastal erosion ordinances.
C.
Due to high water table conditions existing within the village, all new residential and nonresidential structures situated within mapped AE flood zones shall be elevated on piling support systems, in lieu of traditional foundation and footing systems.
D.
All reconstructions, rehabilitations, additions, repairs or other improvements of residential and nonresidential structures situated within mapped AE flood zones which are selected for elevation and currently provided with traditional foundation and footing systems shall be evaluated and certified by a licensed architect or engineer to determine whether the existing foundation and footing systems are suitable for elevation. If not suitable, piling support systems shall be provided.
§ 164-41.10 Building construction requirements.
A.
The village's general building construction requirements shall be as defined in Chapter 64 of the Village Code, titled "Building Construction," which details the administrative requirements applicable for all new structures, or the reconstruction, rehabilitation, addition, repair or other improvements of a structure performed within the jurisdiction of the Incorporated Village of Ocean Beach.
B.
The Incorporated Village of Ocean Beach is entirely situated within mapped flood and coastal erosion hazard areas. Therefore, Chapter 64 of the Village Code, titled "Building Construction," is complimentary to the village's flood damage prevention requirements as defined in Article VIA of the village's Zoning Code, titled "Flood Damage Prevention;" and to the village's coastal erosion hazard area requirements as defined in Article VIB of the village's Zoning Code, titled "Coastal Erosion Hazard Area Management."
§ 164-41.11 Flood damage prevention requirements.
The village's flood damage prevention requirements shall be as defined in Article VIA of the village's Zoning Code, titled "Flood Damage Prevention." Said requirements shall be applicable for all new structures or the reconstruction, rehabilitation, addition, repair or other improvements of a structure performed within the jurisdiction of the Incorporated Village of Ocean Beach.
§ 164-41.12 Coastal erosion hazards area requirements.
The village's coastal erosion hazard area requirements shall be as defined in Article VIB of the village's Zoning Code, titled "Coastal Erosion Hazard Area Management." Said requirements shall be applicable for all new structures, or the reconstruction, rehabilitation, addition, repair or other improvements of a structure situated within the jurisdiction of the Incorporated Village of Ocean Beach which are located in coastal areas subject to coastal flooding and erosion.
§ 164-41.12.1 Fire prevention.
[Added 11-2-2019 by L.L. No. 6-2019]
A.
All new construction or substantial improvement of an existing building or structure shall be provided with a sprinkler system in conformity with NFPA requirements.
B.
All new construction or substantial improvement of an existing building or structure shall be required to provide an external means of egress from the first floor and the second floor level. A second floor external landing used for exiting purposes will not be counted in the house living area.
§ 164-41.13 Interpretation and conflict with other laws.
The provisions of this article will take precedence over any other laws, ordinances or codes in effect in the village to the extent that the provisions of this article are more stringent than such other laws, ordinances or codes. A permit issued pursuant to this article does not relieve the permit applicant from the responsibility of obtaining other permits or approvals as may be necessary nor does it convey any rights or interest in real property.
§ 164-41.14 Severability.
The provisions of this article are severable. If any clause, sentence, paragraph, subdivision, section or part is adjudged invalid by a court of competent jurisdiction, the effect of such order or judgment does not affect or invalidate any other provisions of this article or their application to other persons and circumstances.
§ 164-41.15 Penalties for offenses.
A violation of this article is hereby declared to be an offense punishable by a fine not exceeding $250 or imprisonment for a period not to exceed six months, or both. Each day's continued violation of this article will constitute a separate additional violation. Nothing herein will prevent the proper local authorities of the village from taking such other lawful actions or proceedings as may be necessary to restrain, correct or abate any violation of this article.
§ 164-42 Variances and appeals.
Regulations regarding variances and appeals shall be as follows in § 164-42.1.
§ 164-42.1 Variances from standards and restrictions.
Strict application of the standards and restrictions of this article may cause practical difficulty or unnecessary hardship. When this can be shown, such standards and restrictions may be varied or modified, provided that certain criteria are met. The criteria to be met and the procedure for applying for a variance under this article shall be as required by the following:
A.
For those variances and appeals relating to structures located within the village's designated floodplains, variance requirements shall be as defined in Article VIA of the village's Zoning Code, titled "Flood Damage Prevention," § 164-50 Variance procedures.
B.
For those variances and appeals relating to structures located within the village's designated coastal erosion hazard areas, variance requirements shall be as defined in Article VIB of the village's Zoning Code, titled "Coastal Erosion Hazard Area Management," § 164-54 Variances and appeals.
C.
For those variances and appeals relating to structures located within both the village's designated floodplains and coastal erosion hazard areas, the more stringent variance requirements shall be met by the applicant.
§ 164-43 Administration and enforcement.
Regulations regarding administration and enforcement shall be as follows in § 164-43.1.
§ 164-43.1 Administration and enforcement activities.
The administration and enforcement activities to be met in applying for permits under this article shall be as required by the following:
A.
For those permits relating to structures located within the village's designated floodplains, administration and enforcement requirements shall be as defined in Article VIA of the village's Zoning Code, titled "Flood Damage Prevention," § 164-48, Administration.
B.
For those permits relating to structures located within the village's designated coastal erosion hazard areas, administration and enforcement requirements shall be as defined in Article VIB of the village's Zoning Code, titled "Coastal Erosion Hazard Area Management," § 164-55, Administration and enforcement.
C.
For those permits relating to structures located within both the village's designated floodplains and coastal erosion hazard areas, the more stringent administration and enforcement requirements shall be met by the applicant.