A Local Law for Flood Damage Prevention as authorized by the New York State Constitution, Article IX, Section2, and Environmental Conservation Law, Article 36.
Section 1.0. Statutory Authorization and Purpose
•1.1 Findings
The Town Board of the Town of Colesville finds that the potential and/or actual damages from flooding and erosion may be a problem to the residents of the Town Of Colesville and that such damages may include: destruction or loss of private and public housing, damage to public facilities, both publicly and privately owned, and injury to and loss of human life. In order to minimize the threat of such damages and to achieve the purposes and objectives hereinafter set forth, this local law is adopted.
•1.2 Statement of Purpose
It is the purpose of this local law to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:
•1. regulate 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;
•2. require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;
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•3. control the alteration of natural floodplains, stream channels, and natural protective barriers which are involved in the accommodation of flood waters;
•4. control filling, grading, dredging and other development which may increase erosion or flood damages;
•5. regulate the construction of flood barriers which will unnaturally divert flood waters which may increase flood hazards to other lands, and;
•6. qualify and maintain for participation in the National Flood Insurance Program.
•1.3 Objectives
The objectives of this local law are:
•1. to protect human life and health;
•2. to minimize expenditure of public money for costly flood control projects;
•3. to minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
•4. to minimize prolonged business interruptions;
•5. to minimize damage to public facilities and utilities such as water and gas mains, electric, telephone, sewer lines, streets and bridges located in areas of special flood hazard;
•6. to 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;
•7. to provide that developers are notified that property is in an area of special flood hazard; and,
•8. to ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.
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Section 2.0. Definitions
Unless specifically defined below, words of phrases used in this local law shall be interpreted so as to give them the meaning they have in common usage and to give this local law its most reasonable application.
"Appeal" means a request for a review of the Local Administrator's interpretation of any provision of this Local Law or a request for a variance.
"Area of shallow flooding" means a designated AO, AH or VO Zone on a community'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.
"Area of special flood hazard" is the land in the floodplain within a community 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 100-year floodplain.
"Base flood" means the flood having a one percent chance of being equaled or exceeded in any given year.
"Basement" means the portion of a building having its floor subgrade (below ground level) on all sides.
"Building" see "Structure"
"Cellar" has the same meaning as "Basement"
"Development" means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, paving, excavation or drilling operations or storage of equipment of materials.
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"Elevated building" means a non-basement building (i) 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 (ii) 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 opening sufficient to facilitate the unimpeded movement of flood waters. 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.
"Existing manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is complete before the effective date of the floodplain management regulations adopted by the community.
"Expansion to an existing manufactured home park or subdivision" means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
"Federal Emergency Management Agency" means the Federal agency that administers the National Flood Insurance Program.
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"Flood" or "Flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from:
•1. the overflow of inland or tidal waters;
•2. the unusual and rapid accumulation or runoff of surface waters from any source.
"Flood" or "flooding" also means 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) above.
"Flood Boundary and Floodway Map (FBFM)" means an official map of the community published by the Federal Emergency Management Agency as part of a riverine community's Flood Insurance Study. The FBFM delineates a Regulatory Floodway along water courses studied in detail in the Flood Insurance Study.
"Flood Elevation Study" means an examination, evaluation and determination of the flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of flood-related erosion hazards.
"Flood Insurance Rate Map (FIRM)" means an official map of a community, 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.
"Flood Insurance Study" see "flood elevation study."
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"Floodplain" or "flood-prone area" means any land area susceptible to being inundated by water from any source (see definition of "flooding").
"Floodproofing" means any combination of structural and non-structural 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.
"Floodway" - has the same meaning as "Regulatory Floodway."
"Functionally dependent use" means 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, shipbuilding, and ship repair facilities. The term does not include long-term storage, manufacturing, sales or service facilities.
"Highest adjacent grade" means the highest natural elevation of the ground surface, prior to construction, next to the proposed walls of a structure.
"Historic structure" means any structure that is:
•1. 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;
•2. 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;
•3. individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
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•4. individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
i. by an approved state program as determined by the Secretary of the Interior or
ii. directly by the Secretary of the Interior in states without approved programs.
"Local Administrator" is the person appointed by the community to administer and implement this local law by granting or denying development permits in accordance with its provisions. This person is often the Code Enforcement Officer, Building Inspector or employee of an engineering department.
"Lowest floor" means lowest floor of the lowest enclosed area (including basement or cellar). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access, or storage in an area other than a basement area is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this local law.
"Manufactured home" means a structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term does not include a "Recreational vehicle"
"Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
"Mean sea level" means, for purposed of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced.
"Mobile home" - has the same meaning as "Manufactured home."
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"National Geodetic Vertical Datum (NGVD)" as corrected in 1929 is a vertical control used as a reference for establishing varying elevations within the flood plain.
"New construction" means structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by the community and includes any subsequent improvements to such structure.
"New manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by a community.
"One hundred year flood" or "100-year flood" has the same meaning as "Base Flood."
"Principally above ground" means that at least 51 percent of the actual cash value of the structure, excluding land value, is above ground.
"Recreational vehicle" means a vehicle which is:
•1. built on a single chasses;
•2. 400 square feet or less when measured at the largest horizontal projections
•3. designed to be self-propelled or permanently towable by a light duty truck; and
•4. not designed primarily for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
"Regulatory Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood
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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 provided in Section 4.3-2 of this law.
"Start of construction" includes substantial improvement and means the initiation, excluding planning and design, of any phase of a project, physical alteration of the property, and shall include land preparation, such as clearing, grading, and filling; installation of streets and/or walkways; excavation for a basement, footings, piers, or foundations or the erection of temporary forms. It also includes the placement and/or installation on the property of accessory building materials. For manufactured homes the "actual start" means affixing of the manufactured home to its permanent site.
"Structure" means a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. "Substantial damage" means 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 percent of the market value of the structure before the damage occurred. "Substantial improvement" means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. The term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either:
1. 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
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2. any alteration of a "Historic structure," provided that the alteration will not preclude the structure's continued designation as a "Historic structure."
"Variance" means a grant of relief from the requirements of this local law which permits construction or use in a manner that would otherwise be prohibited by this local law.
Section 3.0. General Provisions
3.1 Lands to which this local law applies.
This local law shall apply to all areas of special flood hazards within the jurisdiction of the Town of Colesville.
3.2 Basis for establishing the areas of special flood hazard
The areas of special flood hazard are identified and defined on the following documents prepared by the Federal Emergency Management Agency:
Flood Insurance Rate Map (multiple panels) Index No. 360041001OF, whose effective date is January 20, 1993.
A scientific and engineering report entitled "Flood Insurance Study Town of Colesville, New York, Broome County" date January 20, 1993.
The above documents are hereby adopted and declared to be a part of this Local Law. The Flood Insurance Study and/pr maps are on file at : Colesville Town Clerk's Office, Colesville Town Hall, Welton Street, Harpursville, New York 13787.
3.3 Interpretation and conflict with other laws
This Local Law includes all revisions to the National Flood Insurance Program through November 1, 1989 and shall supersede all previous laws adopted for the purpose of flood damage prevention.
