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TOWN LAW
Flood Damage Prevention
Town of Hancock LOCAL LAW NO. 2 OF THE YEAR 1987
A local law for FLOOD DAMAGE PREVENTION as authorized by the New
York State Constitution, Article IX, Section 2, and Environmental
Conservation Law, Article 36.
Be it enacted by the Town Board of the Town of Hancock, Delaware
County N.Y. as follows:
60.3(b) & (c)
(FOLLOWING COMPLIES WITH NATIONAL FLOOD INSURANCE
PROGRAM FLOOD PLAIN MANAGEMENT CRITERIA FOR FLOOD-
PRONE AREAS
44 CFR 60.3 (b) & (c) as REVISED l0/1/86)
FLOOD DAMAGE PREVENTION LOCAL LAW
SECTION 1.0
STATUTORY AUTHORIZATION AND PURPOSE
1.1 FINDINGS
The Town Board of the Town of Hancock finds that the potential
and/or actual damages from flooding and erosion may be a problem to the
resident of the Town of Hancock 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:
(l) 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;
(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 or which may increase flood hazards to other lands; and
(6) quality and maintain participation in the National Flood Insurance
Program.
1.3 OBJECTIVES
The objectives of this local law are:
(l) 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, sever 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.
SECTION 2.0
DEFINITIONS
Unless specifically defined below, words or 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 or VO Zone on a
community's Flood Insurance Rate Map (FIRM) with base flood depths from one
to three feet where a clearly defined channel does not exist, where the path of
flooding is unpredictable and indeterminate, and where velocity flow may be
evident.
"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, A1-99, V, VO,
VE or V1-30 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 that portion of a building having its floor subgrade
(below groundlevel) on all sides.
"Breakaway wall" means a wall that is not part of the structural support
of the building and is intended through its design and construction to collapse
under specific lateral loading forces without causing damage to the elevated
portion of the building or the supporting foundation system.
"Building" means any structure built for support, shelter, or enclosure
for occupancy or storage.
"Cellar" has the same meaning as "Basement"
"Coastal high hazard " means the area subject to high velocity waters
including, but not limited to, hurricane wave wash. The area is designated on
a FIRM as Zone Vl-30, VE, VO or V.
"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 located within
the area of special flood hazard.
"Elevated building" means a non-basement building built to have the
lowest floor elevated above the ground level by means of fill, solid foundation
perimeter walls, pilings, columns (posts and piers), or shear walls.
"Flood" or "Flooding" means a general and temporary condition of
partial or complete inundation of normally dry land areas from:
(l) the overflow of inland or tidal waters;
(2) the unusual and rapid accumulation or runoff of surface waters
from any source.
"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 Hazard Boundary Map (FHBM)" means an off icial map of a
community, on which the Federal Emergency Management Agency, where the
boundaries of the areas of special flood hazard have been defined but no water
surface elevation data is provided.
"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" is the official report provided by the Federal
Emergency Management Agency. The report contains flood profiles, as well as
the Flood Boundary Floodway Map and the water surface elevations of the base
flood.
"Flood proofing: 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".
"Floor" means the top surface of an enclosed area in a building
(including basement), i.e., top of slab in concrete slab construction or top of
wood flooring in wood frame construction.
"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 manufacture 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.
"Lowest Floor" means lowest level including basement or cellar of the
lowest enclosed area. An unfinished or flood resistant enclosure, useable solely
for parking of vehicles, building access, or storage in an area other than a basement
or cellar 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
also includes part trailers, travel trailers, and similar transportable structures
placed on a site for l80 consecutive days or longer and intended to be improved
property.
"Mean Sea Level" means, for purposes of the National Flood Insurance
Program, the National Geodetic Vertical datum (NGVD) of l929 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".
"National Geodetic Vertical Datum (NGVD)'' as corrected in l929 is a
vertical control used as a reference for establishing elevations within the flood
plain.
"New construction" means structures for which the "start of
construction" commenced on or after the effective date of this Local Law.
"Principally Above Ground" means that at least 5l percent of the actual
cash value of the structure, excluding land value, is above ground.
"100-year Flood"-has the same meaning as "Base Flood."
"Regulatory Floodway" means the channel of a river or other water
course and the adjacent land areas that must be reserved in order to discharge
the base flood 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.
"Sand dunes" means naturally occurring accumulations of sand in
ridges or mounds landward of the beach.
"Start of construction" 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 buildings (garages, sheds), storage
trailers, and building materials.
"Structure" means a walled and roofed building, a manufactured home,
or a gas or liquid storage tank, that is principally above ground.
"Substantial improvement" means any repair, reconstruction, or
improvement of a structure, the cost of which equals or exceeds 50 percent of
the market value of the structure, excluding land values, either:
(l ) before the improvement or repair is started; or
(2) if the structure has been damaged and is being restored, before the
damage occurred.
For the purposes of this definition "substantial improvement" is
considered to commence when the first alteration of any wall, ceiling, floor or
other structural part of the building commences, whether or not that alteration
affects the external dimensions of the structure . The term does not, however,
include either:
(l) any project for improvement of a structure to comply with existing
state or local building, fire, health, sanitary, or safety code specifications which
are solely necessary to assure safe living conditions; or
(2) any alteration of a structure or contributing structure listed on the
National Register of Historic Places or a State Inventory of Historic Places.
"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 Hancock
3.2 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD
1. 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 _________________ of ________________,
of____________________County, New York", dated________________,l9__,
with accompanying Flood Insurance Rate Maps is hereby adopted and declared
to be a part of this Local Law. The Flood Insurance Study and FIRM are on file at
(OR)
2. The areas of special flood hazard identified by the Federal Insurance
Administration on its Flood Hazard Boundary Map (FHBM), or Flood Insurance
Rate Map (FIRM) No H-01-12 dated August 20, l976 is hereby adopted and
declared to be a part of this Local Law. The FHBM or FIRM is on file at Town
Clerk's office, 115 W. Main St., Hancock, N.Y.
3.3 INTERPRETATION, CONFLICT WITH OTHER LAWS
This Local Law is adopted in response to revisions to the National Flood
Insurance Program effective October l, l986 and shall supersede all previous
laws adopted for the purpose of establishing and maintaining eligibility for
flood insurance.
In their interpretation and application, the provisions of this local law shall be
held to be minimum requirements, adopted for the promotion of the public health,
safety, and welfare. Whenever the requirements of this local law are at variance
with the requirements of any other lawfully adopted rules, regulations, or
ordinances, the most restrictive, or that imposing the higher standards, shall
govern.
3.4 SEVERABILITY
The invalidity of any section or provision of this local law shall not invalidate
any other section or provision thereof.
3.5 PENALTIES FOR NON-COMPLIANCE
No structure shall hereafter be constructed, located, extended, converted, or
altered and no land shall be excavated or filled without full compliance with the
terms of this Local Law and any other applicable regulations. Any infraction of
the provisions of this Local Law by failure to comply with any of its requirements,
including infractions of conditions and safeguards established in connection with
conditions of the permit, shall constitute a violation. Any person who violates this
Local Law or fails too comply with any of its requirements shall, upon conviction
thereof, be fined no more than $250 or imprisoned for not more than l5 days or
both. Each day of noncompliance shall be considered a separate offense. Nothing
herein contained shall prevent the Town of Hancock from taking such other
lawful action as necessary to prevent or remedy an infraction. Any structure found
not compliant with the requirements of this Local Law for which the developer
and/or owner has not applied for and received an approved variance under
Section 6.0 will be declared noncompliant and notification sent to the Federal
Emergency Management Agency.
3.6 WARNING AND DISCLAIMER OF LIABILITY
The degree of flood protection required by this local law 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 local law 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 local law shall not create
liability on the part of the Town of Hancock, any officer or employee thereof, or
the Federal Emergency Management Agency, for any flood damages that result
from reliance on this local law or any administrative decision lawfully made
thereunder.
SECTION 4.0
ADMINISTRATION
4.1 DESIGNATION OF THE LOCAL ADMINISTRATOR
The Code Enforcement Official is hereby appointed Local Administrator to
administer and implement this local law by granting or denying development
permit applications in accordance with its provisions.
4.2 ESTABLISHMENT OF DEVELOPMENT PERMIT
A Development Permit shall be obtained before the start of construction or any
other development within the area of special flood hazard as established in
Section 3.2. Application for a Development Permit shall be made on forms
furnished by the Local Administrator and may include, but not be limited to:
plans, in duplicate, drawn to scale and showing the nature, location, dimensions,
and elevations of the area in question; drainage facilities, and the location of the
foregoing.
4.2-1 APPLICATION STAGE
THE FOLLOWING INFORMATION IS REQUIRED WHERE
APPLICABLE:
(a) Elevation in relation to mean sea level of the proposed lowest floor
(including basement or cellar) of all structures;
(b) Elevation in relation to mean sea level to which any non-residential structure
will be flood-proofed;
(c) When required a certificate from a licensed professional engineer or architect
that the utility floodproofing will meet the criteria in Section 5.l-3 (l);
(d) Certificate from a licensed professional engineer or architect that the non-
residential flood-proofed structure will meet the flood-proofing criteria in
Section 5.2-2; and
(e) Description of the extent to which any watercourse will be altered or relocated
as a result of proposed development.
4.2-2 CONSTRUCTION STAGE.
Upon placement of the lowest floor, or flood-proofing by whatever
means, it shall be the duty of the permit holder to submit to the Local
Administrator a certificate of the as-built elevation of the lowest floor, or flood-
proofed elevation, in relation to mean sea level. The elevation certificate shall be
prepared by or under the direct supervision of a licensed land surveyor or
professional engineer and certified by same. When flood-proofing is utilized for
a particular building, the flood proofing certificate shall be prepared by or under
the direct supervision of a licensed professional engineer or architect and
certified by same. Any further work undertaken prior to submission and approval
of the certificate shall be at the permit holder's risk. The Local Administrator
shall review all data submitted. Deficiencies detected shall be cause to issue a
stop-work order for the project unless immediately corrected.
4.3 DUTIES AND RESPONSIBILITIES OF THE LOCAL ADMINISTRATOR
Duties of the Local Administrator shall include, but not be limited to:
4.3-1 PERMIT APPLICATION REVIEW
(l) Review all development permit applications to determine that the
requirements of this local law have been satisfied.
(2) Review all development permit applications to determine that all necessary
permits have been obtained from those Federal, State or Local Governmental
agencies from which prior approval is required.
(3) Review all development permit applications to determine if the proposed
development adversely affects the area of special flood hazard. For the purposes
of this local law, "adversely affects" means physical damage to adjacent
properties. A hydraulic engineering study may be required of the applicant for
this purpose.
(I) If there is no adverse effect, then the permit shall be granted
consistent with the provisions of this local law.
(ii) If there is an adverse effect, then flood damage mitigation measures
shall be made a condition of the permit.
(4) Review all development permits for compliance with the provisions of
Section 5.l-5, Encroachments.
4.3-2 USE OF OTHER BASE FLOOD AND FLOODWAY DATA
When base flood elevation data has not been provided in accordance with
Section 3.2, BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD
HAZARD, the Local Administrator shall obtain, review and reasonably utilize
any base flood elevation and floodway data available from a Federal, State or
other source, including data developed pursuant to Section 5.l-4(4) in order to
administer Section 5.2, SPECIFIC STANDARDS and Section 5.3 FLOODWAYS.
4.3-3 INFORMATION TO BE OBTAINED AND MAINTAINED
(l) Obtain and record the actual elevation, in relation to mean sea level,
of the lowest floor including basement or cellar of all new or substantially
improved structures, and whether or not the structure contains a basement or
cellar.
(2) For all new or substantially improved flood proofed structures:
(I) obtain and record the actual elevation, in relation to mean
sea level, to which the structure has been floodproofed; and
(ii) maintain the floodproofing certifications required in
Sections 5.l and 5.2.
(3) Maintain for public inspection all records pertaining to the
provisions of this local law including variances, when granted, and
Certificates of Compliance.
4.3-4 ALTERATION OF WATERCOURSES
(l) 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 Regional Director,
Federal Emergency Management Agency, Region II, 26 Federal Plaza,
New York, N.Y. 10278
(2) Require that maintenance is provided within the altered or
relocated portion of said watercourse so that the flood carrying capacity is not
diminished.
4.3-5 INTERPRETATION OF FHBM, FIRM OR FBFM BOUNDARIES
The Local Administrator shall have the authority to make interpretations when
there appears to be a conflict between the limits of the federally identified area
of special flood hazard and actual field conditions.
Base flood elevation data established pursuant to Section 3.2 and/or Section
4.3-2, when available, shall be used to accurately delineate the area of special
flood hazards.
The Local Administrator shall use flood information from any other
authoritative source, including historical data, to establish the limits of the area
of special flood hazards when base flood elevations are not available.
4.3-6 STOP WORK ORDERS
(l) All floodplain development found ongoing without an approved
permit shall be subject to the issuance of a stop work order by the Local
Administrator, Disregard of a stop work order shall be subject to the penalties
described in section 3.5 of this Local Law.
(2) All floodplain development found noncompliant with the provisions
of this law and/or the conditions of the approved permit shall be subject to the
issuance of a stop work order by the Local Administrator, Disregard of a stop
work order shall be subject to the penalties described in Section 3.5 of this
Local Law.
4.3-7 INSPECTIONS
The Local Administrator and/or the developer's engineer or architect shall make
periodic inspections at appropriate times throughout the period of construction
in order to monitor compliance with permit conditions and enable said inspector
to certify that the development is in compliance with the requirements of this
Local Law.
4.3-8 CERTIFICATE OF COMPLIANCE
(l) It shall be unlawful to use or occupy or to permit the use or
occupancy of any building or premises, or both, or part thereof hereafter
created, erected, changed, converted or wholly or partly altered or enlarged in its
use or structure until a Certificate of Compliance has been issued by the Local
Administrator stating that the building or land conforms to the requirements of
either the Development Permit or the approved variance.
(2) All other development occurring within the area of special flood
hazard will have upon completion a Certificate of Compliance issued by the
Local Administrator.
All certificates shall be based upon the inspections conducted subject to Section
4.3-7 and/or any certified elevations, hydraulic information, floodproofing,
anchoring requirements or encroachment analysis which may have been
required as a condition of the approved permit.
SECTION 5.0
PROVISIONS FOR FLOOD HAZARD REDUCTION
5.l GENERAL STANDARDS
In all areas of special flood hazards the following standards are required:
5.l-l ANCHORING
(l) All new construction and substantial improvements shall be
anchored to prevent flotation, collapse, or lateral movement of the structure.
(2) All manufactured homes shall be installed using methods and
practices which minimize flood damage. Manufactured homes must be elevated
and anchored to resist flotation, collapse, or lateral movement. Methods of
anchoring may include, but are not to be limited to, use of over-the-top or frame
ties to ground anchors. This requirement is in addition to applicable State and
local anchoring requirements for resisting wind forces.
5.l-2 CONSTRUCTION MATERIALS AND METHODS
(l) All new construction and substantial improvements shall be
constructed with materials and utility equipment resistant to flood damage.
(2) All new construction and substantial improvements shall be
constructed using methods and practices that minimize flood damage.
5.l-3 UTILITIES
(1) Electrical , heating, ventilation, plumbing, air conditioning
equipment, and other service facilities shall be designed and/or located so as to
prevent water from entering or accumulating within the components during
conditions of flooding. When designed for location below the base flood
elevation, a professional engineer's or architect's certification is required.
(2) All new and replacement water supply systems shall be designed to
minimize or eliminate infiltration of flood waters into the system.
(3) New and replacement sanitary sewage systems shall be designed to
minimize or eliminate infiltration of flood waters.
(4) Base flood elevation data shall be provided for subdivision
proposals and other proposed developments (including proposals for
manufactured home parks and subdivisions) greater than either 50 lots or 5 acres.
5.l-5 ENCROACHMENTS
(l) All proposed development in riverine situations where no flood
elevation data is available (unnumbered A Zones) shall be analyzed to determine
the effects on the flood carrying capacity of the area of special flood hazards set
forth in section 4.3-l (3), Permit Review. This may require the submission of
additional technical data to assist in the determination.
(2) In all areas of special flood hazard in which base flood elevation
data is available pursuant to section 4.3-2 or Section 5.l-4 (4) 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.
(3) In all areas of the special flood hazard where floodway data is
provided or available pursuant to Section 4.3-2, the requirements of Section
5.3 FLOODWAYS, shall apply.
5.2 SPECIFIC STANDARDS
In all areas of special flood hazards where base flood elevation data
has been provided as set forth in Section 3.2 (l) BASIS FOR ESTABLISHING
THE AREAS OF SPECIAL FLOOD HAZARD and Section 4.3-2, USE OF
OTHER BASE FLOOD DATA, the following standards are required:
5.2-l RESIDENTIAL CONSTRUCTION
New construction and substantial improvements of any resident
structure shall:
(l) Have the lowest floor, including basement or cellar, elevated to or
above the base flood elevation.
(2) Have fully enclosed areas below the lowest floor that are subject to
flooding designed to automatically equalize hydrostatic flood forces of exterior
walls by allowing for the entry and exit of floodwaters. Designs for meeting this
requirement must either be certified by a licensed professional engineer architect
or meet or exceed the following minimum criteria:
(I) a minimum of two openings having a total net area of not
less than one square inch for every square foot of enclosed area subject to
flooding;
(ii) the bottom of all such openings shall be no higher than
one foot above the lowest adjacent finished grade; and
(iii) openings may be equipped with louvers, valves, screens
or other coverings or devices provided they permit the automatic entry and exit
of floodwaters.
5.2-2 NONRESIDENTIAL CONSTRUCTION
New construction and substantial improvements of any commercial,
industrial or other non-residential structure, together with attendant utility and
sanitary facilities, shall either: have the lowest floor, including basement or
cellar, elevated to or above the base flood elevation; or be floodproofed to the
base flood level.
(l) If the structure is to be elevated, fully enclosed areas below the base
flood elevation shall be designed to automatically (without human intervention)
allow for the entry and exit of floodwaters for the purpose of equalizing
hydrostatic flood forces on exterior walls. Designs for meeting this requirement
must either be certified by a licensed professional engineer or a licensed
architect or meet the following criteria:
(I) a minimum of two openings having a total net area of not less than
one square inch for every square foot of enclosed area subject to flooding;
(ii) the bottom of all such openings shall be no higher than one foot
above the lowest adjacent finished grade; and
(iii) openings may be equipped with louvers, valves, screens or other
coverings or devices provided they permit the automatic entry and exit of flood
waters.
(2) If the structure is to be floodproofed:
(I) a Licensed professional engineer or architect shall develop and/or
review structural design, specifications, and plans for the construction, and shall
certify that the design and methods of construction are in accordance with
accepted standards of practice to make structure watertight with walls
substantially impermeable to the passage of water, with structural components
having the capability of resisting hydrostatic and hydrodynamic loads and effects
of buoyancy; and
(ii) a licensed professional engineer or licensed land surveyor shall
certify the specific elevation (in relation to mean sea level) to which the structure
is floodproofed. The Local Administrator shall maintain on record a copy of all
such certificates noted in this section.
5.2-3 CONSTRUCTION STANDARDS FOR AREAS OF SPECIAL FLOOD
HAZARDS WITHOUT BASE FLOOD ELEVATIONS
(l) New construction or substantial improvements of structures
including manufactured homes shall have the lowest floor (including basement)
elevated at least 2 feet above the highest adjacent grade next to the proposed
foundation of the structure.
(2) Fully enclosed areas below the lowest floor that are subject to
flooding shall be designed to automatically (without human intervention) allow
for the entry and exit of floodwaters for the purpose of equalizing hydrostatic
flood forces on exterior walls. Designs for meeting this requirement must either
be certified by a licensed professional engineer or a licensed architect or meet the
following criteria:
(I) a minimum of two openings having a total new area of not less than
one square inch for every square foot of enclosed area subject to flooding;
(ii) the bottom of all such openings shall be no higher than one foot
above the lowest adjacent finished grade; and
(iii) openings may be equipped with louvers, valves, screens or other
coverings or devices provided they permit the automatic entry and exit of flood
waters.
FLOODWAYS
Located within areas of special flood hazard are areas designated as
floodways (see definition, Section 2.0). The floodway is an extremely hazardous
area due to high velocity flood waters carrying debris and posing additional
threats from potential erosion forces. When Floodway data is available for a
particular site as provided by Section 4.3-2, all encroachments including fill, new
construction, substantial improvements, and other development are prohibited
within the limits of the floodway unless a technical evaluation demonstrates
that such encroachments shall not result in any increase in flood levels during
the occurrence of the base flood discharge.
SECTION 6.0
VARIANCE PROCEDURE
6.l APPEALS BOARD
(l) The Town Board as established by Town Board shall hear and
decide appeals and requests for variances from the requirements of this local
law.
(2) The Town Board shall hear and decide appeals when it is alleged
there is an error in any requirement, decision, or determination made by the
Local Administrator in the enforcement or administration of this local law.
(3) Those aggrieved by the decision of the Town Board may appeal
such decision to the Supreme Court pursuant to Article 78 of the Civil Practice
Law and Rules.
(4) In passing upon such applications, the Town Board shall consider
all technical evaluations, all relevant factors, standards specified in other
sections of this local law and:
(I) the danger that materials may be swept onto other lands to the
injury of others;
(ii) the danger to life and property due to flooding or erosion damage;
(iii) the susceptibility of the proposed facility and its contents to flood
damage and the effect of such damage on the individual owner;
(iv) the importance of the services provided by the proposed facility to
the community;
(v) the necessity to the facility of a waterfront location, where applicable;
(vi) the availability of alternative locations for the proposed use which
are not subject to flooding or erosion damage;
(vii) the compatibility of the proposed use with existing and anticipated
development;
(viii) the relationship of the proposed use to the comprehensive plan
and flood plain management program of that area;
(ix) the safety of access to the property in times of flood for ordinary
and emergency vehicles;
(x) the costs to local governments and the dangers associated with
conducting search and rescue operations during periods of flooding;
(ix) the expected heights, velocity, duration, rate of rise, and sediment
transport of the flood waters and the effects of wave action, if applicable,
expected at the site; and
(xii) the costs of providing governmental services during and after
flood conditions, including search and rescue operations, maintenance and
repair of public utilities and facilities such as sewer, gas, electrical, and water
systems and streets and bridges.
(5) Upon consideration of the factors of Section 6.l (4) and the purposes of this
local law, the Town Board may attach such conditions to the granting of
variances as it deems necessary to further the purposes of this local law.
(6) The Local Administrator shall maintain the records of all appeal actions
including technical information and report any variances to the Federal
Emergency Management Agency upon request
CONDITIONS FOR VARIANCES
(l) Generally, variances may be issued for new construction and
substantial improvements to be erected on a lot of one-half acre or less in size
contiguous to and surrounded by lots with existing structures constructed below
the base flood level, providing item (i-xii) in Section 6.l (4) have been fully
considered. As the lot size increases beyond the one-half acre, the technical
justification required for issuing the variance increases.
(2) Variances may be issued for the reconstruction, rehabilitation or
restoration of structures and contributing structures listed on the National
Register of Historic Places or the State Inventory of Historic Places, without
regard to the procedures set forth in this local law.
(3) Variances may be issued by a community for new construction and
substantial improvements and for other development necessary for the conduct
of a functionally dependent use provided that:
(I) the criteria of subparagraphs l, 4, 5, and 6 of this Section are met.
(ii) the structure or other development is protected by methods that
minimize flood damages during the base flood and create no additional threats
to public safety.
(4) Variances shall not be issued within any designated floodway if
any increase in flood levels during the base flood discharge would result.
(5) Variances shall only be issued upon a determination that the
variance is the minimum necessary, considering the flood hazard, to afford
relief.
(6) Variances shall only be issued upon receiving written justification:
(I) a showing of good and sufficient cause;
(ii) a determination that failure to grant the variance would result in
exceptional hardship to the applicant.
(iii) 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 or
conflict with existing local laws or ordinances.
(7) Any applicant to whom a variance is granted for a building with the lowest
floor below the base flood elevation shall be given written notice that the cost
of flood insurance will be commensurate with increased risk.
Be it enacted this lst day of July, l987, by the Town Board of the Town
of Hancock of Delaware County, New York, to be effective July 2l, l987.
James Gardner, Supv.
A. Joy Rowe
George Evanitsky
Harold Ostrander
Gary D. Peake
SEAL
Regina M. Palmer
ATTEST. Town Clerk.
I hereby certify that the local law annexed hereto, designated as local
law No. 2 of l987 of the Town of Hancock was duly passed by the Town Board
on July l, l987 in accordance with the applicable provisions of law.
I further certify that I have compared the preceding local law with the
original on file in this office and that the same is a correct transcript therefrom
and of the whole of such original local law, and was finally adopted in the
manner indicated in paragraph l above.
Regina M. Palmer
Town Clerk
Date: 7//7/87
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