Shortsville Village
City Zoning Code
City Zoning Code
PART 3
Overlay and Special Purpose Districts
§ 95-30.1 Establishment.
The Floodplain Overlay District is listed below. When this Zoning Law refers to the Floodplain Overlay District it is referring to the following:
Table 30-1: Floodplain Overlay District | ||
|---|---|---|
District Name | Map Symbol | |
A. Floodplain Overlay District | FPO | |
§ 95-30.2 Purpose statement.
The purpose of the Floodplain Overlay (FPO) District established in this article is to provide special controls over land development located in sensitive environmental areas within the Village of Shortsville characterized by floodplains or watercourses. This district and its associated regulations are designed to preserve and protect unique environmental features within the Village as much as possible, including but not limited to wetlands, floodplains, and watercourses.
Certain areas of the Village of Shortsville are subject to periodic flooding that can result in loss of life, property damage, health and safety hazards, disruption of commercial and governmental services, extraordinary public expenditure for flood protection and relief and impairment of the tax base, all of which adversely affect the public health, safety and general welfare of the residents of this Village. These flood losses are caused by the cumulative effect of obstructions in the floodplain causing increases in flood heights and velocities and by the occupancy in flood hazard areas by uses that are inadequately elevated, floodproofed or otherwise protected from flood damage. It is the purpose of the Floodplain Protection District to prevent public and private losses due to flood conditions in certain areas by provisions designed to:
Protect the health, safety and welfare of the residents of the Village;
Minimize public expenditure for flood-control projects;
Minimize the need for relief and rescue efforts;
Minimize prolonged business interruptions;
Minimize damage to public facilities and utilities;
Help maintain a stable tax base by minimizing flood damage to private and commercial property; and
Identify those structures and properties that are located in areas of special flood hazard and maintain such information for public inspection.
§ 95-30.3 Official maps.
The official set of maps delineating all significant environmental features within the Village shall be known and may be cited as the "Official Village of Shortsville FPO Maps" and shall include, with latest revisions, the Official Wetland Maps for the Village, prepared by the New York State Department of Environmental Conservation (NYSDEC), and the Official Flood Insurance Rate Maps (FIRM) for the Village, prepared by the Federal Emergency Management Agency (FEMA). Additionally, all areas further identified by the Federal Insurance Administration in the latest version of their report entitled "The Flood Insurance Study for the Village of Shortsville, New York" shall be included in the FPO District with accompanying Flood Insurance Rate Map and Flood Hazard Boundary Map.
The aforementioned maps and reports shall be used for reference purposes and not be used to delineate specific or exact boundaries of the various overlay districts. Field investigations and/or other environmental analyses may be required in order to determine whether or not a particular piece of property is included within the Floodplain Overlay District.
§ 95-30.4 Interpretation of district boundaries.
The Code Enforcement Officer shall be responsible for interpreting Floodplain Overlay District boundaries based on the review and interpretation of the Official Village of Shortsville FPO Maps (as previously outlined in § 95-30.3). The Code Enforcement Officer may request the assistance of the Village Engineer, County Engineer or other appropriate department or agency in making such a determination.
Where the Floodplain Overlay District superimposes a primary zoning district delineated on the Official Zoning Map of the Village of Shortsville, the requirements of the Floodplain Overlay District shall be met in addition to the requirements specified for development in the respective primary zoning district.
§ 95-30.5 FPO permit application procedures.
An FPO development permit shall be required prior to the commencement of any regulated activity or the issuance of any building permit for regulated development in the Floodplain Overlay District within the Village of Shortsville.
The following activities are exempt from the permit procedures of this article, subject to a determination by the authorized Village official that such activities involve necessary normal maintenance and upkeep of property, and/or are clearly incidental to the primary use on the property, and/or involve public health, safety, or emergency situations.
Lawn care and maintenance.
Gardening activities.
Tree and shrub care and maintenance.
Removal of dead or deteriorating vegetation.
Removal of structures.
Repair and maintenance of structures.
Repair and maintenance of faulty or deteriorating sewage facilities or utility lines.
Reconstruction of structures damaged by a natural disaster.
Customary agricultural activities, except structural activities.
Public health activities, orders and regulations of the New York State Department of Health, Ontario County Department of Health, or other agency, undertaken in compliance with the New York State Environmental Conservation Law.
Activities subject to the review jurisdiction of the New York State Public Service Commission or the New York State Board on Electric Generation Siting and the Environment, under the provisions of Article 7 of the New York Public Service Law.
Any actual or ongoing emergency activity that is immediately necessary for the protection and preservation of life, property or natural resource values.
Applications for FPO development permits shall be made in writing to the Code Enforcement Officer on forms available in the Village Office. Such an application shall be made by the property owner or their agent and shall be accompanied by any materials or information deemed appropriate by the Code Enforcement Officer, Village Engineer, or Consulting Engineer, including but not limited to a scaled (one inch equals 50 feet or one inch equals 100 feet) site plan prepared and certified by a licensed engineer or land surveyor that contains the following minimum information:
A location plan and boundary line survey of the property.
The location of all Floodplain Overlay District boundaries, designated Village open space, and any publicly owned parkland.
The location of all existing and proposed buildings, structures, utility lines, sewers, water and storm drains on the property or within 200 feet of the proposed work site.
The location of all existing and proposed impervious surfaces such as driveways, sidewalks, etc., on the property or within 200 feet of the proposed work site.
Existing and proposed contour levels at one-foot intervals for the property, unless such property is located within a steep slope protection district whereby contour levels may be shown at two-foot intervals.
The location and types of all existing and proposed vegetation and shrub masses, as well as all trees with a diameter of six inches or more within and/or adjacent to the property.
The location of all existing and proposed drainage patterns, drainageways, swales, etc., within and/or adjacent to the property.
Each application for an FPO development permit shall be accompanied by the appropriate fee(s) as determined by the Village Board. Said fee(s) shall be in addition to any other fees required for the development under the Village Zoning Law and/or Municipal Code.
§ 95-30.6 Establishment of FPO zones.
FPO-I Floodway Zone. There is hereby established an FPO-I Zone to accomplish the purposes of this section. The boundaries of this zone include all areas within the floodways as delineated in the Flood Insurance Study for the Village of Shortsville. The following are not permitted in the FPO-I Zone:
New structures (temporary or permanent); any addition or substantial improvement to existing structures; filling of land; excavation; deposits, obstructions or outside storage of materials or equipment.
The temporary or permanent placement of a mobile home, manufactured home, or similar structure.
The construction or operation of an on-site sewage disposal system.
Any other activity that as demonstrated through a technical evaluation will result in any increase in flood levels during the occurrence of the base flood discharge.
FPO-II Floodplain Zone. There is hereby established an FPO-II Zone to accomplish the purposes of this chapter. The boundaries of this zone include all areas within the ten-year floodplain but do not include any portion of the FPO-I Zone. The following are not permitted in the FPO-II Zone:
New structures (temporary or permanent); filling of land; excavation; deposits, obstructions or outside storage of materials or equipment.
The temporary or permanent placement of a mobile home, manufactured home, or similar structure.
The construction or operation of an on-site sewage disposal system.
Any activity that is not in compliance with the standards and requirements set forth in other sections of this chapter.
The following activities shall not be allowed in whole or in part in an FPO-II Zone without first requesting a receiving a permit from the Code Enforcement Officer as outlined in § 95-30.5 of this article:
Addition or substantial improvement to structures.
Subdivision of land.
Any person-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 located within the area of special flood hazard.
FPO-III Floodplain Zone. There is hereby established an FPO-III Zone to accomplish the purposes of this chapter. The boundaries of this zone include all areas within the 100-year floodplain as delineated in the Flood Insurance Study but does not include any portion of either the FPO-I or FPO-II Zones. The following activities are not permitted in the FPO-III Zone:
The temporary or permanent placement of a mobile home, manufactured home, or similar structure.
The construction or operation of an on-site sewage disposal system.
Any activity that is not in compliance with the standards and requirements set forth in other sections of this chapter.
The following activities shall not be allowed in whole or in part within an FPO-III Zone without first requesting and receiving a permit from the Code Enforcement Officer as outlined in § 95-30.5 of this article:
Additions or substantial improvements to structures.
New structures.
Outside storage of materials and equipment.
Subdivision of land.
Any person-made change to improved or unimproved real estate including, but not limited to, building or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations located within the area of special flood hazard.
§ 95-30.7 FPO permit process.
The Code Enforcement Officer shall have the authority to grant or deny an FPO development permit, subject to the standards, criteria, and other regulations contained in this chapter, regulations contained in Village of Shortsville Municipal Code, and the State Environmental Quality Review Act (SEQRA). The Code Enforcement Officer may also request a report from the Village Engineer or Consulting Engineer in acting on such permit applications.
Any development permit issued by the Code Enforcement Officer in accordance with the provisions of this article may be issued with conditions. Such conditions may be attached as are deemed necessary to ensure the preservation and protection of environmentally sensitive areas and to ensure compliance with the policies and provisions of this article. Every permit issued pursuant to this article shall contain the following conditions:
The Code Enforcement Officer, Village Engineer, Consulting Engineer and/or other appropriate Village officials shall have the right to inspect the project at any reasonable time;
The permit shall expire if it is not acted upon within one year; and
The permit holder shall notify the Code Enforcement Officer or other appropriate Village official of the date on which project construction is to begin, at least five days in advance of such date of construction.
The Code Enforcement Officer may suspend a permit until such time as the Village Board reviews the suspension. The Village Board may, upon recommendation of the Code Enforcement Officer and after having provided the permit holder five days' written notice, suspend or revoke a development permit issued in accordance with the provisions of this section where it has found evidence that the applicant has not complied with all terms or conditions of such permit, has exceeded the authority granted in the permit, or has failed to undertake the project in the manner set forth in writing with its findings and reasons for revoking or suspending a permit issued pursuant to the section. The Code Enforcement Officer shall forward a copy of said findings to the applicant. Permitted work shall immediately cease upon suspension of a permit.
Areas of special flood hazard. The areas of special flood hazard identified by the Federal Emergency Management Agency in a scientific and engineering report entitled "The Flood Insurance Study for the Village of Shortsville, of Ontario County, New York" with accompanying Flood Insurance Rate Maps and Flood Boundary-Floodway Maps is hereby adopted and declared to be part of this chapter. The Flood Insurance Study and maps and amendments and revisions thereto are on file at the Ontario County Planning Offices.
Permit conditions. When reviewing an application for an FPO development permit for a regulated action in any zone, the Code Enforcement Officer shall consider all technical information available, all relevant factors and standards specified in the section, and shall determine that:
The requirements of this chapter have been satisfied; and
That the proposed development does or does not adversely affect the area of special flood hazard (for the purposes of this chapter, "adversely affect" means physical damage to adjacent properties). An engineering study may be required of the applicant for this purpose.
If there is no adverse effect, then the permit shall be granted consistent with the provisions of this chapter.
If there is an adverse effect, then flood damage mitigation shall be made a condition of the permit.
Development standards. No FPO permit shall be granted for a regulated activity within any floodway or floodplain zone unless the applicant submits a plan certified by a registered professional engineer and shows evidence of the following:
The structure will be constructed with its lowest floor elevated to at least one foot above the base flood level.
The structure will not affect the efficiency or the capacity of the floodway or increase flood heights.
The structure will be placed on the site so as not to cause increased velocities or catch or otherwise collect debris that will obstruct flow under flood conditions.
The structure shall be firmly anchored to prevent flotation, collapse, or lateral movement that may result in damage to other structures, restrictions of bridge openings, and other narrowings of the watercourse.
All new and replacement water supply and sanitary sewer systems shall be designed to minimize or eliminate infiltration of floodwaters into the system and discharge from the systems into floodwaters.
Service facilities, such as electrical and heating equipment, shall be constructed at or above the base flood level for the particular area or shall be floodproofed.
New construction and substantial improvements shall be constructed using materials, methods, and practices that minimize flood damage.
Base flood elevation data shall be provided for subdivision proposals and other proposed developments.
Such other data or evidence may be requested by the Village Board, Planning Board, Zoning Board, or Code Enforcement Officer pertaining to flooding and site plan information.
Information and/or a description regarding the extent to which any watercourse will be altered or relocated as a result of any proposed development.
Plans indicating any walls to be used to enclose space located below the base flood level.
That there is no reasonable alternative for the proposed regulated activity on a site which is not in a flood hazard area.
Considerations. When taking action on an application for an FPO development permit for a regulated action in any Floodplain Overlay District zone, the Code Enforcement Officer shall consider all technical information available, all relevant factors and standards specified in this section, as well as the following:
The danger that materials may be swept onto other lands to the detriment of others;
The danger to life and property due to flooding or erosion damage;
The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
The importance of the services provided by the proposed facility to the community;
The necessity to the facility of a waterfront location;
The availability of alternative locations not subject to flooding or erosion damage for the proposed use;
The compatibility of the proposed use with existing and anticipated development;
The relationship of the proposed use to the Village Comprehensive Plan and floodplain management program for that area;
The safety of access to the property in times of flood for ordinary and emergency vehicles;
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; and
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.
Additional standards for approval. The Code Enforcement Officer may require that the applicant adequately demonstrate that one or more of the following conditions be met before granting a permit for land use within any of the zones:
Anchorage to resist flotation and lateral movement.
Reinforcement of walls to resist water pressure.
Installation of watertight doors, bulkheads and shutters.
Use of paints, membranes or mortars to reduce seepage of water through walls.
Addition of mass or weight to resist flotation.
Installation of pumps to lower water levels in structures.
Pumping facilities to relieve hydrostatic water pressure on external walls and basement floors.
Elimination of gravity flow drains.
Construction to resist rupture or collapse caused by water pressure or floating debris.
Compliance with other environmental regulations found in the Code of the Village of Shortsville.
Encroachments.
In all areas of special flood hazard in which base flood elevation data is available pursuant to the Village of Shortsville Flood Insurance Study and no floodway has been determined, the cumulative effects of any proposed development, when combined with all other existing and anticipated development, shall not increase the water surface elevation of the base flood more than one foot at any point.
In all areas of the special flood hazard where floodway data is provided or available, the requirements of § 95-30.6A, FPO-I, shall apply.
All proposed development in riverine situations where no flood elevation data is available (unnumbered A zones as indicated by the Village of Shortsville Flood Insurance Study) shall be analyzed to determine the effects on the flood-carrying capacity of the area of special flood hazards set forth in this chapter. This may require the submission of additional technical data to assist in the determination.
When base flood elevation data has not been provided pursuant to the Village of Shortsville Flood Insurance Study, the Code Enforcement Officer may obtain, review, and reasonably utilize any base flood elevation and floodway data available from federal, state or other sources.
Administration. In addition to the other duties and responsibilities specified in this chapter, the Code Enforcement Officer and Village Office are authorized to administer this following provisions of this chapter. The Code Enforcement Officer shall:
Secure from the applicant all information necessary for a complete review of the proposed development by the appropriate boards and officials. The information necessary for submission shall be the same as required for site plan approval as specified in Article 62 of this chapter, plus any additional information that may be required by the Code Enforcement Officer to adequately review a request for a permit.
Review all applications to determine that all necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required.
Obtain and record the actual elevation (in relation to sea level) of the lowest habitable floor (including basement) of all new or substantially improved structures and whether or not the structure contains a basement.
Maintain for public inspection all records pertaining to the provisions of this section.
Notify adjacent communities and the New York State Department of Environmental Conservation prior to any alteration or relocation of a watercourse and submit evidence of such notification to the Federal Insurance Administration.
Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished.
Restrictions. Where this section imposes greater restrictions than are imposed by the provision of any law, ordinance, regulation or private agreement, this section shall control. Where there are restrictions by any law, ordinance, regulation or private agreement greater than those imposed by this section, such greater restrictions shall control. All uses presently permitted in the zoning districts within the Village of Shortsville that also fall within the FPO Zones shall continue to be permitted uses for these districts, except where otherwise restricted by this section.
Appeals. Appeals for variances to the requirements of this section shall be based upon Section 80.6 (formerly Section 1910.6) of the National Flood Insurance Program Regulations. Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.
Degree of protection. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by person-made or natural causes. This chapter does not imply that land outside the area of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the Village of Shortsville, any officer or employee thereof or the Federal Insurance Administration for any flood damages that result from reliance on this section or any administrative decision lawfully made thereunder.