Hancock, New York

NOTICE OF ADOPTION OF ORDINANCE ESTABLISHING A BUILDING PERMIT SYSTEM FOR THE AREA OF THE TOWN OF HANCOCK OUTSIDE THE INCORPORATED LIMITS OF THE VILLAGE OF HANCOCK;

PLEASE TAKE NOTICE that the Town Board of the Town of Hancock, Delaware County, New York, after holding a public hearing on June 4, l975, at 7:30 o'clock p.m., E.D.S.T. at the Municipal Building, 66 Front Street, Hancock, New York, and hearing all interested persons, did enact an Ordinance as follows:

ORDINANCE ESTABLISHING A BUILDING PERMIT SYSTEM FOR THE AREA OF THE TOWN OF HANCOCK OUTSIDE THE INCORPORATED LIMITS OF THE VILLAGE OF HANCOCK

SECTION I --TITLE, ENACTMENT AND PURPOSE

1.1 Title

This ordinance shall be known as the Town of Hancock Building Permit Ordinance.

1.2 Enactment

The Town Board of the Town of Hancock in Delaware County, New York, on this 4th day of June, l975, hereby ordains and enacts the following regulations.

1.3 Purpose

The Town of Hancock, having been identified by the Federal Insurance Administration as having a Special Flood Hazard area, which area is shown on a map dated June 28 l974 and designated as FIA Flood Hazard Boundary Map Number H 01-12 intends to comply with the provisions of Section l910.3 (b) of the criteria of Land Management and Use as determined pursuant to Title 24--Housing and Housing Credit, Chapter 7, Federal Insurance Administration, Department of Housing and Urban Development.

These provisions are required to protect the health, safety, and welfare of the inhabitants of the Town of Hancock from hazards due to periodic flooding. This shall include the protection of persons and property, the preservation of water quality and the minimizing of expenditures for relief, insurance and flood control projects.

SECTION II--ESTABLISHMENT OF DISTRICTS

In furtherance of the purpose of this ordinance, the following districts are hereby established.

2.1 Special Flood Hazard District

The Special Flood Hazard District consists of an area of land subject to periodic but infrequent flooding of the magnitude of a 100 year flood . This area comprises the maximum area of the flood plain that, on the average, is likely to be flooded once every l00 years (i.e. that has a one percent chance of being flooded each year). The boundaries of the Special Flood Hazard District are delineated more specifically on the map which is part of this ordinance.

2.2 Non-hazard District consists of the area of land outside of the boundaries of the Special Flood Hazard District. This area consists of land which has a relatively small chance of being affected by periodic but infrequent flooding of the magnitude of a 100 year flood, as a result of hydrologic conditions, topography, elevation, coil conditions and-or manmade or natural flood or watercourse barriers.

2.3 Amendment of Districts

From time to time, the Special Flood Hazard District boundaries may be amended by the Federal Insurance Administrator. Due notice of such amended District boundaries shall be given by publication in a local newspaper of general distribution, ten (l0) days before such amendment shall go into effect. Maps of such amended District areas shall be posted in the office of the Town Clerk and shall be the official maps used to determine the districts established under this ordinance.

SECTION III--ISSUANCE OF BUILDING PERMITS

3.1 Building Permit Requirement

(a) No building shall hereafter be erected, relocated or altered as to outside dimension or so to permit a change in its use and no excavation for any building shall be begun unless, and until, a permit therefore has been issued. This shall apply to all new construction and all substantial improvements to existing structure constituting greater than fifty percent (50) of the value of any such existing structure so being improved.

(b) For purposes of this ordinance, mobile homes, modular homes, or any other structure permanently affixed to a foundation shall be a "building" as designated by this section.

(c) Permits will not be necessary for minor repairs, such repairs being defined as any improvement to an existing structure, the cost of such improvement constituting less than fifty percent (50) of the value of any such existing structure so being improved, unenclosed patios, painting, plumbing, waterwells and new roofs.

3.2 Building Permit Issuance

(a) A Building Permit shall be issued by the Town Clerk, Enforcement Officer or other official designated to perform such duties by the Town Board. This official shall be the Town Clerk.

(b) Such official shall act upon all applications for building permits within twenty (20) working days from the day of application. Such official shall issue or refuse to issue such permits.

3.3 Application Procedure

(a) Any application for a building permit shall state the following:

1. Name and address of applicant

2. Location of proposed building

3. Description of proposed building (dwelling, equipment, shed barn, garage, etc.)

(b) Upon receipt of the application, the Town Clerk, Enforcement Officer or other official designated to perform such duties by the Town Board shall determine if the location of such proposed building falls within the Special Flood Hazard District (described in Section 2).

(c) If such proposed construction falls within the Special Flood Hazard District, then the provisions of Section 4 of this ordinance shall apply before any such building permit shall be issued.

(d) If such proposed construction is outside the delineated boundaries of the Special Flood Hazard District, then the Town Clerk or other designated official shall issue a building permit pursuant to Section 3.2 of this ordinance.

SECTION IV--BUILDING STANDARDS

4.l District Requirements

Any construction undertaken pursuant to a validly issued permit within the delineated boundaries of the Special Flood Hazard District shall l conform to the following requirements:

4.2 Construction in the Special Flood Hazard District.

(a) New or replacement water supply systems and or sanitary sewage systems shall be so designed as to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters.

(b) On-site waste disposal systems shall be located so as to avoid impairment of or contamination from the systems during flooding.

(c) New construction must be anchored to prevent flotation, collapse or lateral movement due to flood water related forces.

(d) Construction materials and utility equipment used are resistant to flood damage.

(e) Construction methods and practices used will minimize flood damage.

(f) subdivision proposals are designed to minimize flood damage, adequate drainage is provided to reduce exposure to flood hazards, and public utilities and facilities such as sewer, gas, electrical and water systems are located, elevated and constructed to minimize or eliminate flood damage.

SECTION V--ADMINISTRATION AND APPEALS

5.l Appeal from Building Standards

(a) Any applicant who is refused a building permit may appeal shall be taken to the Town Board of such town in which the proposed construction is to occur.

(b) The Town Planning Board or Town Board shall consider such an appeal at a public hearing. Notice of said hearing shall be given in accordance with provisions of law. A decision granting or refusing to grant a building permit to the applicant shall be given in writing within ten (l0) days of such appeal hearing.

5.2 Violations

(a) Violations of this Ordinance shall be subject to the provisions of applicable law. Upon determination by the Town Clerk, Enforcement Officer or other designated official, that a violation exists, written notice shall be sent to the last known owner of the property. Such notice shall state the specific provision in violation and that action is to be taken by said owner to remove such violation within twenty (20) days; or proceedings to compel compliance with this ordinance will be instituted.

(b) a violation of this Ordinance is an offense punishable by a fine not exceeding $50. or by imprisonment for not more than one month, or by both such fine and imprisonment

(c) Violations of this Ordinance shall be deemed misdemeanors. Each week the violation continues shall be deemed to be a separate and distinct violation.

5.3 Validity

The invalidity of any section or provision of this Ordinance shall not invalidate any other section or provision thereof.

5.4 Interpretation

(a) In their interpretation and application, the provisions of this Ordinance shall be held to be minimum requirements , adopted for the promotion of the public health, morals, safety or the general welfare.

(b) Wherever the requirements of this Ordinance are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the more restrictive or that imposing the higher standard shall govern.

(c) This Ordinance shall not abridge the provisions of a validly adopted zoning ordinance, mobile home ordinance or subdivision regulations.

(d) The Town Board may amend this Ordinance into any existing land use control presently adopted and in force within the municipality or may adopt this ordinance as a construction within the municipality.

5.5 When Effective

This Ordinance shall take effect ten (l0) days after publication.

BY ORDER OF THE TOWN BOARD OF THE TOWN OF HANCOCK
Florence Whiting, TOWN CLERK
Dated: June 12, 1975

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