West Carthage City Zoning Code
ARTICLE VII
Flood Hazard Areas 1
§ 91-28 Purpose and applicability.
A.
Floodplain Districts are such that it is necessary to control development within them in order to promote public health, safety and general welfare and to minimize public and private losses due to flood conditions.
B.
The purpose of this article is to establish guidelines for the Planning Board to use in determining whether or not a development permit should be issued. It will also establish guidelines for the Zoning Board to use in determining whether variances should be granted.
C.
The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled "The Flood Insurance Study for the Village of West Carthage, New York," with accompanying Flood Insurance Rate Maps and Flood Boundary - Floodway Maps, shall determine the applicability of this article.
§ 91-29 Development permit.
A.
A development permit shall be obtained before construction or development begins within any area of special flood hazard.
B.
Application shall be made to the Zoning Enforcement Officer and shall include a detailed site plan drawn to scale. This plan shall show the nature, location, dimensions and elevations of the area in question, existing or proposed structures, fill, storage of materials, drainage facilities and the location of the foregoing.
C.
The Village Planning Board, at its next regular meeting following the application, shall review the plan to determine that the requirements of this article have been satisfied and that all necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required, and to determine compliance with the encroachment requirement [§ 91-31A(5)].
D.
The following information shall be obtained and maintained:
(1)
Obtain and record the actual elevation, in relation to base flood elevation, of the lowest floor, including basement or cellar, of all new or substantially improved structures.
E.
If the development permit provides for alteration of watercourses, the Village Planning Board shall:
(1)
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.
(2)
Advise that maintenance is required within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished.
G.
The Village Planning Board shall make a factual record of all proceedings in issuing a development permit and such record shall contain the reasons for the decision.
H.
If approval or conditional approval is given, the Zoning Enforcement Officer shall issue a development permit once all conditions are met.
§ 91-30 Variances.
A.
If there appears to be a conflict between a mapped boundary of the special flood hazard area and actual field conditions, the person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation.
B.
Appeal shall be made to the Zoning Board of Appeals. They shall include interpretations of special flood hazard boundaries and when it is alleged there is an error in any requirement, decision or determination made by the Planning Board in its review of development permits.
C.
In passing upon such applications, the Zoning Board shall consider all technical evaluations, all relevant factors, general standards and:
(1)
The danger that materials may be swept onto adjacent lands to the injury of others.
(2)
The danger to life and property due to flooding or erosion damage.
(3)
The susceptibility of the proposed facility and contents to flood damage and the effect of such damage on the individual owner.
(4)
The importance of the services provided by the proposed facility to the community.
(5)
The necessity of a waterfront location for the facility, where applicable.
(6)
The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage.
(7)
The compatibility of the proposed use with existing and anticipated development.
(8)
The relationship of the proposed use to the Comprehensive Plan and floodplain management program of the area.
(9)
The safety of access to the property in times of flood for ordinary and emergency vehicles.
(10)
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.
(11)
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, streets and bridges.
D.
Upon consideration of these factors, the Zoning Board may attach such conditions to the granting of variances as it deems necessary to protect the public health, safety and general welfare.
E.
The Zoning Board shall maintain the records of all appeal actions, including the technical information, and shall report any variances to the Federal Insurance Administration upon request.
F.
Condition for variances.
(1)
Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided that the items in Subsection C(1) through (11) have been fully considered. As the lot size increases beyond the 1/2 acre, the technical justification required for issuing the variance increases.
(2)
Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places without regard to the procedures set forth in the remainder of this article.
(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)
Variance 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; and
(c)
A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public as identified in Subsection C 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.
§ 91-31 Performance standards.
A.
General standards. In all areas of special flood hazard, the following standards are required:
(1)
Anchoring.
(a)
All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure.
(b)
All mobile homes shall be anchored to resist flotation, collapse or lateral movement by providing over-the-top and frame ties to ground anchors.
[1]
Over-the-top ties shall be provided at each of the four corners of the mobile home, with two additional ties per side at intermediate locations, with mobile homes less than 50 feet long requiring one additional tie per side.
[2]
Frame ties shall be provided at each corner of the home, with five additional ties per side at intermediate points, with mobile homes less than 50 feet long requiring four additional ties per side.
[3]
All components of the anchoring system shall be capable of carrying a force of 4,800 pounds.
[4]
Any additions to the mobile home shall be similarly anchored.
(2)
Construction materials and methods.
(3)
Utilities.
(a)
All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.
(b)
New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into floodwaters.
(c)
On-site waste disposal systems shall be located to avoid impairment to them or contamination from the flooding.
(4)
Subdivision proposals.
(a)
All subdivision proposals shall be consistent with the need to minimize flood damage.
(b)
All subdivision proposals shall have public utilities and facilities, such as sewer, gas, electrical and water systems, located and constructed to minimize flood damage.
(c)
All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage.
(d)
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.
(5)
Encroachments. In all areas of special flood hazard in which base flood elevation data has been provided, the cumulative effect 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.
B.
Specific standards. In all areas of special flood hazards where base flood elevation data has been provided, the following standards are required:
(1)
Residential construction. New construction and substantial improvement of any residential structure shall have the lowest floor, reduce basement or cellar, elevated to or above base flood elevation.
(2)
Nonresidential construction. New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement or cellar, elevated to the level of the base flood elevation or, together with attendant utility and sanitary facilities:
(a)
Be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water;
(b)
Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and
(c)
Be certified by a registered professional engineer or architect as satisfying the standards of this subsection. Such certifications shall be provided to the Planning Board.
(3)
Mobile homes. Mobile homes are not permitted in Floodplain Districts.
§ 91-32 Warning and disclaimer of liability.
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 man-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 West Carthage, any officer or employee thereof or the Federal Insurance Administration for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.
§ 91-33 Penalties for noncompliance.
No structure or land shall hereafter be constructed, located, extended, converted or altered without full compliance with the terms of this chapter and other applicable regulations. Violation of the provisions of this chapter by failure to comply with any of its requirements, including violations of conditions and safeguards established in connection with violations, shall constitute a misdemeanor. Any person who violates this chapter shall, upon conviction thereof, be fined not more than $250 or imprisoned for not more than 21 days, or both, for each violation, and, in addition, shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent the Village of West Carthage from taking such other lawful action as is necessary to prevent or remedy a violation.