HomeMy WebLinkAboutLL #01 2024 yY.
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DENIS NONCARROW �� �y Town Hall,53095 Main Road
TOWN CLERK ® P.O.Box 1179
Southold,New York 11971
REGISTRAR OF VITAL STATISTICS ® Fax(631)765-6145
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER ®,! .��® Telephone 765-1800
FREEDOM OF INFORMATION OFFICER www southoldtldtownny.gov
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
EE 350 079 655 USDfEc-
- - - - —'- February 6, 2024
EE 350 079 725 US Doi
Priority Mail Express
RE: Local Law No. 1 of 2024
Town of Southold, Suffolk County
New York State Department of State
State Records & Law Bureau
One Commerce Plaza
99 Washington Avenue
Albany,NY 12231
Dear Sir/Madam:
In accordance with provisions of Section 27 of the Municipal Home Rule Law, I
am enclosing herewith the map that should have been filed with Local Law#1 of 2024 of
the Town of Southold, suitable for filing in your office. The map was received from the
Town Attorney's office yesterday.
I would appreciate if you would send me a receipt indicating the filing of this
enclosure in your office. Thank you.
Very truly yours,
OLynd M. Rudder
Deputy Town Clerk
Enclosures
cc: Town Attorney
NYSDEC
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STATE OF NEW YORK
DEPARTMENT OF STATE
HoCHUL
ONE COMMERCE PLAZA KATHY GOVERNOR
99 WASHINGTON AVENUE
AL•BANYi..N.Y`1-2231-000.1
HTTPS:HDOS.NY.GOV. SECRETARY OF STATE
January 23, 2024
.Town of Southold
Town Hall
53095 Main Road .
PO Box 1179
Southold, New York
RE: - Town of Southold, Local Law 1, 2, 3, and 4 2024, filed 6n .1/19/2024
Dear Sir/Madam:
"The above referenced material was filed by this office as indicated. Additional
local law filing forms can be obtained from our website, www.dos.ny.gov:
Sincerely;
State Records and Law Bureau
(518) 473'-2492
RECEIVED
JAN 2 9 2024
Southold Town Clerk
vo K Department
TATE of State
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DENIS NONCARROW �� �.� Town Hall,53095 Main Road
TOWN CLERK ® P.O.Box 1179
con Southold,New York 11971
REGISTRAR OF VITAL STATISTICS � ® Fax(631)765-6145
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER �Q! .��® Telephone 765-1800
FREEDOM OF INFORMATION OFFICER www.southoldtldtownny.gov
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
CC79 `� I ( ()5 mos January 17, 2024
�- EE 380 0?9 699 US D �
Priority Mail Express
RE: Local Law No. 1 of 2024
Town of Southold, Suffolk County
New York State Department of State
State Records & Law Bureau
One Commerce Plaza
99 Washington Avenue
Albany,NY 12231
Dear Sir/Madam:
In accordance with provisions of Section 27 of the Municipal Home Rule Law, I
am enclosing copies of Local Law No. 1 of 2024, page#8 which I forgot to fill out, for
the Town of Southold, please replace the originally filed page #8 with the completed one.
I would appreciate if you would send me a receipt indicating the filing of the
enclosures in your office. Thank you.
Very truly yours,
Lynda M. Rudder
Deputy Town Clerk
Enclosures
cc: Town Attorney
NYSDEC
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto,designated as local law No. 1 of 20 24 . of the
(Gounty)(Gi of SOUTHOLD was duly passed by the
TOWN BOARD on December 19 ' 20 23 , in accordance with the applicable provisions of law.
2. (Passage by local legislative body with approval,no disapproval or re-passage after disapproval by the Elective
Chief Executive Officer*.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the(County)(City)(Town)(Village)of I was duly passed by the
on 20 , and was(approved)(not approved)(re-passed after
disapproval)by the and was deemed duly adopted on 20 ,
in accordance with the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20
of the (County)(City)(Town)(Village) of was duly passed by the
on 20______, and was(approved)(not approved)(repassed after
disapproval)by the on 20 . Such local law was submitted
to the people by reason of a(mandatory)(permissive)referendum,and received the affirmative vote of a majority of
the qualified electors voting thereon at the(general)(special)(annual) election held on 20 , in
accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting
referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the
(County)(City)(Town)(Village) of was duly passed by the
on 20 , and was (approved)(not approved) (repassed after
disapproval) by the on 20 Such local law was subject to
permissive referendum and no valid petition requesting such referendum was filed as of 20 , in
accordance with the applicable provisions of law.
* Elective Chief Executive Officer means or Includes the chief executive officer of a county elected on a county-wide
basis or,If there be none,the chairperson of the county legislative body,the mayor of a city or village, or the supervisor of
a town where such officer is vested with the power to approve or veto local laws or ordinances.
DOS-239-f-l(Rev.04/14)
8
DENIS NONCARROW �� G� Town Hall,53095 Main Road
TOWN CLERK ® P.O.Box 1179
C Southold,New York 11971
REGISTRAR OF VITAL STATISTICS ® Fax(631)765-6145
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER �Q(1 .�`�® Telephone 765-1800
FREEDOM OF INFORMATION OFFICER www.southoldtldtownny.gov
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
EE 350 079 671 US
January 16, 2024
EI 011 957 576 US Ski
Priority Mail Express
RE: Local Law No. 1 of 2024
Town of Southold, Suffolk County
New York State Department of State
State Records & Law Bureau
One Commerce Plaza
99 Washington Avenue
Albany,NY 12231
Dear Sir/Madam:
In accordance with provisions of Section 27 of the Municipal Home Rule Law, I
am enclosing herewith certified copies of Local Law No. 1 of 2024 of the Town of
Southold, suitable for filing in your office.
I would appreciate if you would send me a receipt indicating the filing of the
enclosures in your office. Thank you.
Very truly yours,
Lynd M. Rudder
Deputy Town Clerk
Enclosures
cc: Town Attorney
NYSDEC
v R SUFFD(,�Cp RESOLUTION 2023-1073
�ro� a1Z.
°Oag ADOPTED DOC ID: 19831
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2023-1073 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
DECEMBER 19,2023:
WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk
County,New York, on the 5"' day of December, 2023, a Local Law entitled "A Local Law in
Relation to Amendments to Chapter 148 for Flood DamalZe Prevention as authorized by
the New York State Constitution,Article IX, Section 2, and Environmental Conservation
Law,Article 36", and
WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid
Local Law at which time all interested persons were given an opportunity to be heard,Now
therefor be it
RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local
Law entitled, "A Local Law in Relation to Amendments to Chapter 148 for Flood Damage
Prevention as authorized by the New York State Constitution, Article IX, Section 2, and
Environmental Conservation Law, Article 36" reads as follows:
LOCAL LAW NO.J= 2021
A Local Law entitled, "A Local Law in Relation to Amendments to Chapter 148 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 Southold as follows:
I. Purpose - The purpose of this local law is to update Chapter 148.
II. Chapter 148 of the Code of the Town of Southold is hereby amended to include the
underlined words and remove the struck through words as follows:
§ 148-4 Definitions.
A. Unless specifically defined below, words or phrases used in this chapter shall be
interpreted so as to give them the meanings they have in common usage and to give this
chapter its most reasonable application.
B. As used in this chapter, the following terms shall have the meanings indicated:
ACCESSORY STRUCTURE
A structure used solely for parking(two-car detached garages or smaller) or limited
storage, represent a minimal investment of not more than 10-percent of the value of
the primary structure, and may not be used for human habitation.
COASTAL A ZONE
Resolution 2023-1073 Board Meeting of December 19, 2023
Area within a SFHA, landward of a V1-V30,VE, or V zone or landward of an open
coast without mapped coastal high hazard areas. In a coastal A zone, the principal
source of flood must be astronomical tides, storm surges, seiches or tsunamis, not
riverine flooding. During the base flood conditions, the potential for breaking wave
height shall be greater than or equal to 1 '/z feet (457 mm). The inland limit of coastal
A zone is (a) the Limit of Moderate Wave Action if delineated on a FIRM, or(b)
designated by the authority having jurisdiction
LIMIT OF MODERATE WAVE ACTION (LiMWA)
Line shown on FIRMs to indicate the inland limit of the 1 '/Z foot (457 mm) breaking
wave height during the base flood.
REGULATORY FLOODWAY
The channel of a river or other watercourse 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§448-
4-2 §148-14B of this chapter.
VIOLATION
Means the failure of a structure or other development to be fully compliant with the
community's flood plain management regulations.
§ 148-9 Penalties for offenses.
No structure in an area of special flood hazard 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 chapter and any other applicable regulations. Any infraction of the provisions of
this chapter 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 chapter or fails to comply with any of its requirements
shall, upon conviction thereof, be fined no more than $250 or imprisoned for not more than 15
days, or both. Each day of noncompliance shall be considered a separate offense. Nothing herein
contained shall prevent the Town of Southold from taking such other lawful action as necessary
to prevent or remedy an infraction. Any structure found not compliant with the requirements of
this chapter for which the developer and/or owner has not applied for and received an approved
variance under §14 8 22 and §148-23 will be declared noncompliant, and notification will be sent
to the Federal Emergency Management Agency.
§ 148-14 Duties and responsibilities of local administrator.
Duties of the local administrator shall include but not be limited to the following:
A. Permit application review. The local administrator shall conduct the following permit
application review before issuing a floodplain development permit. The local administrator
shall:
(2) Review subdivision and other proposed new development, including
manufactured home parks,to determine whether proposed building sites will be
reasonably safe from flooding. If a proposed building site is located in an area of
special,flood hazard, all new construction and substantial improvements shall
meet the applicable standards of§148-15 through X48-21 §148-22, construction
standards, and, in particular, §148-15B, Subdivision proposals.
(3) Determine whether any proposed development in an area of special flood hazard
may result in physical damage to any other property (e.g., stream bank erosion
Updated: 12/19/2023 3:12 PM by Lynda Rudder Page 2
r
Resolution 2023-1073 Board Meeting of December 19, 2023
and increased flood velocities). The local administrator may require the applicant
to submit additional technical analyses and data necessary to complete the
determination. If the proposed development may result in physical damage to any
other property or fails to meet the requirements of§148-15 through 148 21 §148-
22, construction standards, no permit shall be issued. The applicant may revise
the application to include measures that mitigate or eliminate the adverse effects
and resubmit the application.
B. Use of other flood data.
(1) When the Federal Emergency Management Agency has designated areas of
special flood hazard on the community's Flood Insurance Rate Map (FIRM) but
has neither produced water surface elevation data (These areas are designated
Zone A or V on the FIRM.) nor identified a floodway, 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 § 14 8 13G §148-13H, as criteria for requiring that new construction,
substantial improvements or other proposed development meet the requirements
of this chapter.
H. Information to be retained. The local administrator shall retain and make available for
inspection copies of the following:
(5) Variances issued pursuant to § 14 Q 22 and 14 8 23 148-23 and 148-24,variance
procedures; and,.
Base flood elevations developed pursuant to sub-section 148-13G and
supporting technical analysis.
§ 148-15 General standards.
The following standards apply to new development, including new and substantially improved
structures, in the areas of special flood hazard shown on the Flood Insurance Rate Map
designated in §148-6.
B. Subdivision And Development proposals. The following standards apply to all new
subdivision proposals and other proposed development in areas of special flood hazard
(including proposals for manufactured home and recreational vehicle parks and
subdivisions):
(4) Proposed development shall not result in physical damage to any other
property (e.g., stream bank erosion or increased flood velocities). If
requested by the Local Administrator, the applicant shall provide a technical
analysis, by a licensed professional engineer, demonstrating that this
condition has been met.
(5) Proposed development shall be designed, located, and constructed so as to
offer the minimum resistance to the flow of water and shall be designed to
have a minimum effect upon the height of flood water.
(6) Any equipment or materials located in a special flood hazard area shall be
elevated, anchored, and floodproofed as necessary to prevent flotation, flood
damage, and the release of hazardous substances.
(7) No alteration or relocation of a watercourse shall be permitted unless:
a. a technical evaluation by a licensed professional engineer
demonstrates that the altered or relocated segment will provide
conveyance equal to or greater than that of the original stream
segment and will not result in physical damage to any other property;
Updated: 12/19/2023 3:12 PM by Lynda Rudder Page 3
Resolution 2023-1073 Board Meeting of December 19, 2023
b. if warranted, a conditional revision of the Flood Insurance Rate Map
is obtained from the Federal Emergency Management Agency,with
the applicant providing the necessary data, analyses, and mapping
and reimbursinlz the Town of Southold for all fees and other
costs in relation to the application; and
C. the applicant provides assurance that maintenance will be provided so
that the flood carrying capacity of the altered or relocated portion of
the watercourse will not be diminished.
C. Encroachments.
(3) In a Special Flood Hazard Area (SFHA), if any development is found to
increase or decrease base flood elevations, the Town of Southold shall
as soon as practicable, but not later than six months after the date such
information becomes available, notify FEMA and the New York State
Department of Environmental Conservation of the changes by submitting
technical or scientific data in accordance with standard engineering practice.
§ 148-16 Standards for all structures.
B. Construction materials and methods.
(3) For enclosed areas below the lowest floor of a structure within Zones Al-A30,
AE or AH, and also in Zone A if base flood elevation data are available, new and
substantially improved structures shall have fully enclosed areas below the lowest
floor that are usable solely for parking of vehicles, building access or storage in
an area other than a basement and which are subject to flooding designed to
automatically equalize hydrostatic flood forces on 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;or architect or meet or
exceed the following minimum criteria:
(c) openings not less than three inches in any direction.
(e)(d) Openings may be equipped with louvers, valves, screens or other
coverings or devices, provided that they permit the automatic entry and
exit of floodwaters. Enclosed areas subgrade on all sides are considered
basements and are not permitted.
C. Utilities.
(1) New and replacement electrical equipment, heating, ventilating, air conditioning,
plumbing connections and other service equipment shall be located at least two
feet above the base flood elevation, or above the base flood level or designed to
prevent water from entering or accumulating within the components during a
flood and to resist hydrostatic and hydrodynamic loads and stresses.
Electrical wiring and outlets, switches,junction boxes and panels shall be
elevated or designed to prevent water from entering and accumulating within
the components unless they conform to the appropriate provisions of the
electrical part of the Building Code of New York State or the Residential
Code of New York State for location of such items in wet locations. This
includes heating, ventilating and air-conditioning equipment, hot water heaters,
appliances, elevator lift machinery and electrical junction and circuit breaker
boxes. When located below the base flood elevation, a professional engineer's or
architect's certification of the design is required.
D. Storage Tanks
Updated: 12/19/2023 3:12 PM by Lynda Rudder Page 4
Resolution 2023-1073 Board Meeting of December 19, 2023
(1) Underground tanks shall be anchored to prevent flotation, collapse and
lateral movement during conditions of the base flood.
(2) Above-ground tanks shall be:
a. anchored to prevent floatation, collapse or lateral movement during
conditions of the base flood or;
b. installed at or above the base flood elevation as shown on the Flood
Insurance Rate Map enumerated in §148-6 plus two feet.
§ 148-17 Elevation of residential structures (except coastal high-hazard areas).
The following standards, in addition to the standards in § 148-15B, Subdivision proposals, and §
148-15C, Encroachments, and § 148-16, Standards for all structures, apply to new and
substantially improved residential structures located in areas of special flood hazard as indicated:
A. Within Zones Al-A30, AE and AH, and also in Zone A if base flood elevation data are
available, new construction and substantial improvements shall have the lowest floor
(including basement) elevated to or above the two feet above the base flood elevation.
Within Zones AH adequate drainage paths are required to guide flood waters
around and away from proposed structures on slopes.
B. Within Zone A, when no base flood elevation data are available, new and substantially
improved strdetur-es shall have the lowest floor- (ineluding baselnefit) elevated at least
three feet .,boye the highest adjacent grade. a base flood elevation shall be determined
by either:
(1) Obtain and reasonably use data available from a federal, state, or other
source plus two feet of freeboard, or,
(2) Determine the base flood elevation in accordance with accepted hydrologic
and hydraulic engineering practice, plus two feet of freeboard.
Determinations shall be undertaken by a registered design professional who
shall document that the technical methods used reflect currently accepted
engineering practice. Studies, analyses, and computations shall be submitted
in sufficient detail to allow thorough review and approval
C. Within Zone AO, new construction and substantially improved structures shall have the
lowest floor(including basement) elevated above the highest adjacent grade at least as
high as two feet above the depth number specified in feet on the community's Flood
Insurance Rate Map enumerated in §148-6 (at least two feet if no depth number is
speeified). plus one foot of freeboard. In areas designated as Zone AO where a depth
number is not specified on the map, the depth number shall be taken as being equal
to 2 feet. Within AO, adequate drainage paths are required to guide floodwaters
around and away from proposed structures on slopes.
D. Within Zones AH and AO, adequate drainage paths are required to guide floodwaters
around and away from proposed structures on slopes.
§ 148-18 Residential structures (coastal high-hazard areas).
The following standards, in addition to the standards in §148-15A, Coastal high-hazard areas,
and §148-15B, Subdivision and Development proposals, and §148-16, Standards for all
structures, apply to new and substantially improved residential structures located in areas of
special flood hazard shown as Zone V I N30, VE or V on the community's Flood Insurance Rate
Map designated in § 148-6:
N. Breakaway wall design standards.
(2) Use of breakaway wall strengths in excess of 20 pounds per square foot shall not
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r
Resolution 2023-1073 Board Meeting of December 19, 2023
be permitted unless a registered professional engineer or architect has developed
or reviewed the structural design and specifications for the building foundation
and breakaway wall components and certifies that breakaway walls will fail
under water loads less than those that would occur during the base floodl and
that the elevated portion of the building and supporting foundation system will not
be subject to collapse, displacement or other structural damage due to the effects
of wind and water loads acting simultaneously on all building components
(structural and nonstructural). Water loading values used shall be those associated
with the base flood. Wind loading values shall be those required by the building
code.
§ 148-19 Nonresidential structures (except coastal high-hazard areas).
The following standards apply to new and substantially improved commercial, industrial and
other nonresidential structures located in areas of special flood hazard, in addition to the
requirements in § 148-15B, Subdivision and Development proposals, and § 148-15C,
Encroachments, and § 148-16, Standards for all structures.
B. Within Zone AO, new construction and substantial improvements of nonresidential
structures shall:
(2) Together with attendant utility and sanitary facilities, be completely floodproofed
to that level to meet the floodproofing standard specified in § 14 8 16C 148-
19A(2).
C. If the structure is to be floodproofed, a licensed professional engineer or architect shall
develop and/or review structural design, specifications and plans for construction. A
floodproofing certificate or other certification shall be provided to the local administrator
that certifies that the design and methods of construction are in accordance with accepted
standards of practice for meeting the provisions of§148-19A(2), including the specific
elevation (in relation to mean sea level) to which the structure is to be floodproofed.
§ 148-21 Manufactured homes and recreational vehicles.
The following standards, in addition to the standards in § 148-15, General standards, and § 148-
16, Standards for all structures, apply in areas of special flood hazard to manufactured homes
and to recreational vehicles which are located in areas of special flood hazard.
A. Recreational vehicles.
(1) Recreational vehicles placed on,sites within Zones Al-A30,AE, AH, V1 - V30,
V and VE shall either:
(c) Meet the requirements for manufactured homes in Subsections B, C D
and E.
B. Within Zones Al-A30, AE,AH, the bottom of the frame of the manufactured home
shall be elevated to meet the requirements of Section 148-17A. Elevation on piers
consisting of dry stacked blocks is prohibited. A manufactured home that is placed or
substantially improved in Zones Al-A30, AE, AH, V1-V30, V or VE that is on a site
either outside of an existing manufactured home park or subdivision, as herein defined; in
a new manufactured home park or subdivision, as herein defined; in an expansion to an
existing manufactured home park or subdivision, as herein defined; or in an existing
manufactured home park or subdivision, as herein defined, on which a manufactured
home has incurred substantial damage as the result of a flood shall, within Zones
Al-A30, AE and AH, be elevated on a permanent foundation such that the lowest
floor is elevated to or above two feet above the base flood elevation and is
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Resolution 2023-1073 Board Meeting of December 19; 2023
securely anchored to an adequately anchored foundation system to resist flotation,
collapse and lateral movement or, within Zones V1-V30, V and VE, be elevated
on a pile foundation such that the bottom of the lowest structural member of the
lowest floor (excluding pilings and columns) is elevated to or above two feet
above the base flood elevation and securely anchored to an adequately anchored
foundation system to resist flotation, collapse and lateral movement. Elevation on
piers consisting of dry stacked blocks is prohibited. Methods of anchoring may
include but are not limited to use of over-the-top or frame ties to ground anchors.
C. Within Zone A, the bottom of the frame of the manufactured home shall be elevated
to meet the requirements of Section 148-17B. Elevation on piers consisting of dry
stacked blocks is prohibited. A manufactured home to be placed or substantially
improved in Zone Al-A30, AE, AH, V1-V30 or VE in an existing manufactured home
park or subdivision that is not to be placed on a site on which a manufactured home has
incurred substantial damage shall be elevated in a manner such as required in Subsection
B.
D. Within Zone AO, the bottom of the frame of the manufactured home shall be
elevated to meet the requirements of Section 148-17C. Elevation on piers consisting
of dry stacked blocks is prohibited. Within ZoneA or-V, when no base-good elevaciveB
data are a-vailable, new and substantially impr-eved manufaetured homes shall be eleva
such that the manufaetured home chA--"- -*- --or-ted by reinforced piers or- othe
foundation elemeRts of a4 least equivalent strength that are no less than 36 inehes i
height above the lowest adjaeent gr-ade and are seeur-ely anehered to an adequately
anchored foundation system to resist flotation, eollapse or-later-a!movement. Elevation on
E. Within V or VE, manufactured homes must meet the requirements of 148-18.3aJ�n
Zone AO, the floor- shall be elevated above the highest adjaeei4 grade at least as high as
the depth number specified on the Flood insur-anee Rate Map enumerated in §14 8 6 (at
least two feet if no depth number is speeified). Elevation on piers eensisting of&Y
staeked blocks is prohibited-.
F. The foundation and anchoralZe of manufactured homes to be located in identified
floodways shall be desilzned and constructed in accordance with ASCE 24.
§148-22 ACCESSORY STRUCTURES INCLUDING DETACHED GARAGES
The followinjZ standards apply to new and substantially improved accessory structures,
including detached garages, in the areas of special flood hazard shown on the Flood
Insurance Rate Map designated in §148-6.
A. The accessory structure must meet the definition of structure, for floodplain
management purposes, provided in 44 CFR 4 59.1,where walled and roofed shall be
interpreted as having two outside rigid walls and a fully secured roof.
B. The accessory structure should be small, as defined by the community and approved
by FEMA, and represent a minimal investment. Accessory structures of any size
may be considered for a variance; however, FEMA considers accessory structures
that meet the following criteria to be small and therefore not necessarily in need of a
variance, if the community chooses to allow it:
(1) Located in an A Zone (A, AE, Al-A30, AR, A99) and less than or equal to the
size of a one-story, two-car 14arage.
(2) Located in a V Zone (V, VE, V1-V30) and less than or equal to 100 square
feet.
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Resolution 2023-1073 Board Meeting of December 19, 2023
C. Accessory structures must meet the standards of§148-16A,ANCHORING,
D. The portions of the accessory structure located below BFE plus two feet of
freeboard must be constructed with flood-resistant materials.
E. Mechanical and utility equipment for the accessory structure must be elevated or
dry floodproofed to or above BFE plus two feet of freeboard.
F. Within Zones AO and Zone A, if base flood elevation data are not available, areas
below three feet above the highest adjacent Grade shall be constructed using
methods and practices that minimize flood damage.
G. The accessory structure must comply with the floodway encroachment provisions of
the NFIP.
H. The accessory structure must be wet floodproofed to protect the structure from
hydrostatic pressure. The design must meet the NFIP design and performance
standards for openings per 44 CFR §-60.3(c)(5) and must allow for the automatic
entry and exit of floodwaters without manual operation or the presence of a person
(or persons).
I. Within Zones VIN30, VE, and V, unelevated accessory buildings must be
unfinished inside, constructed with flood-resistant materials, and used only for
storage. When an accessory building is placed in these zones, the design professional
must determine the effect that debris from the accessory building will have on
nearby buildings. If the accessory building is large enough that its failure could
create damaging debris or divert flood flows, it must be elevated above the base
flood elevation plus two feet.
§ 148 22 §148-23 Zoning Board of Appeals.
E. Upon consideration of the factors of Subsection D 148-23 and the purposes of this
chapter, the Zoning Board of Appeals may attach such conditions to the granting of
variances as it deems necessary to further the purposes of this chapter.
§ X48-23148-24 Conditions for variances.
A. 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§148-22D
§148-23(D)has been fully considered. As the lot size increases beyond 1/2 acre,the
technical justification required for issuing the variance increases.
G. 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 over the signature of a community
official that the cost of flood insurance will be commensurate with the increased risk
resulting from the lowest floor elevation.
(1) the issuance of a variance to construct a structure below the base flood level
will result in increased premium rates for flood insurance up to amounts as
high as $25 for$100 of insurance coverage; and
(2) such construction below the base flood level increases risks to life and
property. Such notification shall be maintained with the record of all
variance actions as required in X148-14H of this chapter.
III. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any
court of competent jurisdiction to be invalid,the judgment shall not affect the validity of this law
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Resolution 2023-1073 Board Meeting of December 19, 2023
as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.
IV. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as provided
by law.
Denis Nonearrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Greg Doroski, Councilman
SECONDER:Sarah E. Nappa, Councilwoman
AYES: Nappa, Doroski, Mealy, Doherty, Evans, Russell
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NEW YORK STATE DEPARTMENT OF STATE
Division of Corporations,State Records and Uniform Commercial Code
One Commerce Plaza,99 Washington Avenue
Albany.NY 12231-0001
Local Law Filing
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated
and do not use italics or underlining to indicate new matter.
❑ County
❑ City
Q Town of SOUTHOLD
❑ Village
Local Law No. 1 of the year 2024 .
A Local Law entitled, A Local Law in Relation to Amendments to Chapter 148 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 the Town Board of the:
❑ County
❑ City
2 Town of SOUTHOLD
❑ Village
I. Purpose - The purpose of this local law is to update Chapter 148.
Il. Chapter 148 of the Code of the Town of Southold is hereby amended to include the underlined words and
remove the struck through words as follows:
§ 148-4 Definitions.
A. Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give
them the meanings they have in common usage and to give this chapter its most reasonable application.
B. As used in this chapter,the following terms shall have the meanings indicated:
ACCESSORY STRUCTURE
A structure used solely for parking (two-car detached garages or smaller) or limited storage, represent a
minimal investment of not more than 10-percent of the value of the primary structure, and may not be
used for human habitation.
COASTAL A ZONE
Area within a SFHA, landward of a V1-V30, VE, or V zone or landward of an open coast without mapped
coastal high hazard areas. In a coastal A zone,the principal source of flood must be astronomical tides,
storm surges, seiches or tsunamis, not riverine flooding. During the base flood conditions, the potential for
(If additional space is needed, attach pages the same size as this sheet,and number each.)
DOS-239-f-1(Rev.04/14)
1
breaking wave height shall be greater than or equal to 1 '/z feet (457 mm). The inland limit of coastal A
zone is (a) the Limit of Moderate Wave Action if delineated on a FIRM, or (b) designated by the authority
having jurisdiction
LIMIT OF MODERATE WAVE ACTION (LiMWA)
Line shown on FIRMS to indicate the inland limit of the 1 '/2 foot (457 mm) breaking wave height during
the base flood.
REGULATORY FLOODWAY
The channel of a river or other watercourse 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 §148-14B of this chapter.
VIOLATION
Means the failure of a structure or other development to be fully compliant with the community's flood plain
management regulations.
§ 148-9 Penalties for offenses.
No structure in an area of special flood hazard 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 chapter and any
other applicable regulations. Any infraction of the provisions of this chapter 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 chapter or fails to comply with any of its
requirements shall, upon conviction thereof, be fined no more than $250 or imprisoned for not more than 15
days, or both. Each day of noncompliance shall be considered a separate offense. Nothing herein contained shall
prevent the Town of Southold from taking such other lawful action as necessary to prevent or remedy an
infraction. Any structure found not compliant with the requirements of this chapter for which the developer
and/or owner has not applied for and received an approved variance under §148-23 will be declared
noncompliant, and notification will be sent to the Federal Emergency Management Agency.
§ 148-14 Duties and responsibilities of local administrator.
Duties of the local administrator shall include but not be limited to the following:
A. Permit application review. The local administrator shall conduct the following permit application review
before issuing a floodplain development permit. The local administrator shall:
(2) Review subdivision and other proposed new development, including manufactured home parks,
to determine whether proposed building sites will be reasonably safe from flooding. If a
proposed building site is located in an area of special flood hazard, all new construction and
substantial improvements shall meet the applicable standards of§148-15 through §148-22,
construction standards, and, in particular, §148-1513, Subdivision proposals.
(3) Determine whether any proposed development in an area of special flood hazard may result in
physical damage to any other property (e.g., stream bank erosion and increased flood velocities).
The local administrator may require the applicant to submit additional technical analyses and
data necessary to complete the determination. If the proposed development may result in
physical damage to any other property or fails to meet the requirements of§148-15 through
§148-22, construction standards, no permit shall be issued. The applicant may revise the
application to include measures that mitigate or eliminate the adverse effects and resubmit the
application.
B. Use of other flood data.
(1) When the Federal Emergency Management Agency has designated areas of special flood hazard
on the community's Flood Insurance Rate Map (FIRM)but has neither produced water surface
elevation data (These areas are designated Zone A or V on the FIRM.) nor identified a floodway,
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
2
pursuant to §148-13H, as criteria for requiring that new construction, substantial improvements
or other proposed development meet the requirements of this chapter.
H. Information to be retained. The local administrator shall retain and make available for inspection copies of
the following:
(5) Variances issued pursuant to §148-23 and §148-24, variance procedures; and,.
(7) Base flood elevations developed pursuant to sub-section 148-13G and supporting technical
analysis.
§ 148-15 General standards.
The following standards apply to new development, including new and substantially improved structures, in the
areas of special flood hazard shown on the Flood Insurance Rate Map designated in §148-6.
B. Subdivision And Development proposals. The following standards apply to all new subdivision proposals
and other proposed development in areas of special flood hazard (including proposals for manufactured
home and recreational vehicle parks and subdivisions):
(4) Proposed development shall not result in physical damage to any other property (e.g., stream
bank erosion or increased flood velocities). If requested by the Local Administrator, the
applicant shall provide a technical analysis, by a licensed professional engineer, demonstrating
that this condition has been met.
(5) Proposed development shall be designed, located, and constructed so as to offer the minimum
resistance to the flow of water and shall be designed to have a minimum effect upon the height of
flood water.
(6) Any equipment or materials located in a special flood hazard area shall be elevated, anchored,
and floodproofed as necessary to prevent flotation, flood damage, and the release of hazardous
substances.
(7) No alteration or relocation of a watercourse shall be permitted unless:
a. a technical evaluation by a licensed professional engineer demonstrates that the altered or
relocated segment will provide conveyance equal to or greater than that of the original
stream segment and will not result in physical damage to any other property;
b. if warranted, a conditional revision of the Flood Insurance Rate Map is obtained from the
Federal Emergency Management Agency, with the applicant providing the necessary
data, analyses, and mapping and reimbursing the Town of Southold for all fees and other
costs in relation to the application; and
C. the applicant provides assurance that maintenance will be provided so that the flood
carrying capacity of the altered or relocated portion of the watercourse will not be
diminished.
C. Encroachments.
(3) In a Special Flood Hazard Area(SFHA), if any development is found to increase or decrease
base flood elevations, the Town of Southold shall as soon as practicable, but not later than six
months after the date such information becomes available, notify FEMA and the New York State
Department of Environmental Conservation of the changes by submitting technical or scientific
data in accordance with standard engineering practice.
§ 148-16 Standards for all structures.
B. Construction materials and methods.
(3) For enclosed areas below the lowest floor of a structure within Zones Al-A30, AE or AH, and
also in Zone A if base flood elevation data are available, new and substantially improved
structures shall have fully enclosed areas below the lowest floor that are usable solely for parking
of vehicles, building access or storage in an area other than a basement and which are subject to
flooding designed to automatically equalize hydrostatic flood forces on 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 or architect or meet or exceed the
3
following minimum criteria:
(c) openings not less than three inches in any direction.
(d) Openings may be equipped with louvers, valves, screens or other coverings or devices,
provided that they permit the automatic entry and exit of floodwaters. Enclosed areas
subgrade on all sides are considered basements and are not permitted.
C. Utilities.
(1) New and replacement electrical equipment, heating, ventilating, air conditioning, plumbing
connections and other service equipment shall be located at least two feet above the base flood
elevation, or above the base flood level or designed to prevent water from entering or
accumulating within the components during a flood and to resist hydrostatic and hydrodynamic
loads and stresses. Electrical wiring and outlets, switches,junction boxes and panels shall be
elevated or designed to prevent water from entering and accumulating within the components
unless they conform to the appropriate provisions of the electrical part of the Building Code of
New York State or the Residential Code of New York State for location of such items in wet
locations. This includes heating, ventilating and air-conditioning equipment, hot water heaters,
appliances, elevator lift machinery and electrical junction and circuit breaker boxes. When
located below the base flood elevation, a professional engineer's or architect's certification of the
design is required.
D. Storage Tanks
(1) Underground tanks shall be anchored to prevent flotation, collapse and lateral movement during
conditions of the base flood.
(2) Above-ground tanks shall be:
a. anchored to prevent floatation, collapse or lateral movement during conditions of the base
flood or;
b. installed at or above the base flood elevation as shown on the Flood Insurance Rate Map
enumerated in §148-6 plus two feet.
§ 148-17 Elevation of residential structures (except coastal high-hazard areas).
The following standards, in addition to the standards in § 148-15B, Subdivision proposals, and § 148-15C,
Encroachments, and § 148-16, Standards for all structures, apply to new and substantially improved residential
structures located in areas of special flood hazard as indicated:
A. Within Zones Al-A30, AE and AH, and also in Zone A if base flood elevation data are available, new
construction and substantial improvements shall have the lowest floor (including basement) elevated to
or above the two feet above the base flood elevation. Within Zones AH adequate drainage paths are
required to guide flood waters around and away from proposed structures on slopes.
B. Within Zone A,when no base flood elevation data are available, a base flood elevation shall be
determined by either:
(1) Obtain and reasonably use data available from a federal, state, or other source plus two feet of
freeboard, or,
(2) Determine the base flood elevation in accordance with accepted hydrologic and hydraulic
engineering practice,plus two feet of freeboard. Determinations shall be undertaken by a
registered design professional who shall document that the technical methods used reflect
currently accepted engineering practice. Studies, analyses, and computations shall be submitted
in sufficient detail to allow thorough review and approval
C. Within Zone AO, new construction and substantially improved structures shall have the lowest floor
(including basement) elevated above the highest adjacent grade at least as high as two feet above the
depth number specified in feet on the community's Flood Insurance Rate Map enumerated in §148-6
plus one foot of freeboard. In areas designated as Zone AO where a depth number is not specified on the
map, the depth number shall be taken as being equal to 2 feet. Within AO, adequate drainage paths are
required to guide flood waters around and away from proposed structures on slopes.
D. Within Zones AH, adequate drainage paths are required to guide floodwaters around and away from
4
proposed structures on slopes.
§ 148-18 Residential structures (coastal high-hazard areas).
The following standards, in addition to the standards in §148-15A, Coastal high-hazard areas, and §148-1513,
Subdivision and Development proposals, and §148-16,,Standards for all structures, apply to new and
substantially improved residential structures located in areas of special flood hazard shown as Zone.V 1-V30,
VE or V on the community's Flood Insurance Rate Map designated in § 148-6:
N. Breakaway wall design standards.
(2) Use of breakaway wall strengths in excess of 20 pounds per square foot shall not be permitted
unless a registered professional engineer or architect has developed or reviewed the structural
design and specifications for the building foundation and breakaway wall components and
certifies (1)that breakaway walls will fail under water loads less than those that would occur
during the base flood; and (2) that the elevated portion of the building and supporting foundation
system will not be subject to collapse, displacement or other structural damage due to the effects
of wind and water loads acting simultaneously on all building components (structural and
nonstructural). Water loading values used shall be those associated with the base flood. Wind
loading values shall be those required by the building code.
§ 148-19 Nonresidential structures (except coastal high-hazard areas).
The following standards apply to new and substantially improved commercial, industrial and other
nonresidential structures located in areas of special flood hazard, in addition to the requirements in §148-1513,
Subdivision and Development proposals, and §148-15C, Encroachments, and §148-16, Standards for all
structures.
B. Within Zone AO, new construction and substantial improvements of nonresidential structures shall:
(2) Together with attendant utility and sanitary facilities, be completely floodproofed to that level to
meet the floodproofrrig standard specified in §148-19A(2).
C. If the structure is to be floodproofed, a licensed professional engineer or architect shall develop and/or
review structural design, specifications and plans for construction. A floodproofing certificate or other
certification shall be provided to the local administrator that certifies that the design and methods of
construction are in accordance with accepted standards of practice for meeting the provisions of§148-
19A(2), including the specific elevation (in relation to mean sea level)to which the structure is to be
floodproofed.
§ 148-21 Manufactured homes and recreational vehicles.
The following standards, in addition to the standards in § 148-15, General standards, and § 148-16, Standards
for all structures, apply in areas of special flood hazard to manufactured homes and to recreational vehicles
which are located in areas of special flood hazard.
A. Recreational vehicles.
(1) Recreational vehicles placed on sites within Zones Al-A30, AE, AH, V1 - V30, V and VE shall
either:
(c) Meet the requirements for manufactured homes in Subsections B, C, D and E.
B. Within Zones Al-A30, AE, AH, the bottom of the frame of the manufactured home shall be elevated to
meet the requirements of Section 148-17A. Elevation on piers consisting of dry stacked blocks is
prohibited. A manufactured home that is placed or substantially improved in Zones Al-A30, AE, AH,
V1-V30, V or VE that is on a site either outside of an existing manufactured home park or subdivision,
as herein defined; in a new manufactured home park or subdivision, as herein defined; in an expansion
to an existing manufactured home park or subdivision, as herein defined; or in an existing manufactured
home park or subdivision, as herein defined; on which a manufactured home has incurred substantial
damage as the result of a flood shall, within Zones Al-A30, AE and AH, be elevated on a permanent
foundation such that the lowest floor is elevated to or above two feet above the base flood elevation and
is securely anchored to an adequately anchored foundation system to resist flotation,collapse and lateral
5
movement or, within Zones V I-V30, V and VE, be elevated on a pile foundation such that the bottom of
the lowest structural member of the lowest floor (excluding pilings and columns) is elevated to or above
two feet above the base flood elevation and securely anchored to an adequately anchored foundation
system to resist flotation, collapse and lateral movement. Elevation on piers consisting of dry stacked
blocks is prohibited. Methods of anchoring may include but are not limited to use of over-the-top or
frame ties to ground anchors.
C. Within Zone A, the bottom of the frame of the manufactured home shall be elevated to meet the
requirements of Section 148-17B. Elevation on piers consisting of dry stacked blocks is prohibited. A
manufactured home to be placed or substantially improved in Zone Al-A30, AE, AH, V1-V30 or VE in
an existing manufactured home park or subdivision that is not to be placed on a site on which a
manufactured home has incurred substantial damage shall be elevated in a manner such as required in
Subsection B.
D. Within Zone AO, the bottom of the frame of the manufactured home shall be elevated to meet the
requirements of Section 148-17C. Elevation on piers consisting of dry stacked blocks is prohibited.
E. Within V or VE, manufactured homes must meet the requirements of 148-18.
F. The foundation and anchorage of manufactured homes to be located in identified floodways shall be
designed and constructed in accordance with ASCE 24.
§148-22 ACCESSORY STRUCTURES INCLUDING DETACHED GARAGES
The following standards apply to new and substantially improved accessory structures, including detached
garages, in the areas of special flood hazard shown on the Flood Insurance Rate Map designated in §148-6.
A. The accessory structure must meet the definition of structure, for floodplain management purposes,
provided in 44 CFR § 59.1, where walled and roofed shall be interpreted as having two outside rigid
walls and a fully secured roof.
B. The accessory structure should be small, as defined by the community and approved by FEMA, and
represent a minimal investment. Accessory structures of any size may be considered for a variance;
however, FEMA considers accessory structures that meet the following criteria to be small and therefore
not necessarily in need of a variance, if the community chooses to allow it:
(1) Located in an A Zone (A, AE, Al-A30, AR, A99) and less than or equal to the size of a one-
story, two-car garage.
(2) Located in a V Zone (V, VE, V1-V30) and less than or equal to 100 square feet.
C. Accessory structures must meet the standards of§148-16A, ANCHORING,
D. The portions of the accessory structure located below BFE plus two feet of freeboard must be
constructed with flood-resistant materials.
E. Mechanical and utility equipment for the accessory structure must be elevated or dry floodproofed to or
above BFE plus two feet of freeboard.
F. Within Zones AO and Zone A, if base flood elevation data are not available, areas below three feet
above the highest adjacent grade shall be constructed using methods and practices that minimize flood
damage.
G. The accessory structure must comply with the floodway encroachment provisions of the NFIP.
H. The accessory structure must be wet floodproofed to protect the structure from hydrostatic pressure. The
design must meet the NFIP design and performance standards for openings per 44 CFR § 60.3(c)(5) and
must allow for the automatic entry and exit of floodwaters without manual operation or the presence of a
person (or persons).
I. Within Zones V 1-V30, VE, and V, unelevated accessory buildings must be unfinished inside,
constructed with flood-resistant materials, and used only for storage. When an accessory building is
placed in these zones, the design professional must determine the effect that debris from the accessory
building will have on nearby buildings. If the accessory building is large enough that its failure could
create damaging debris or divert flood flows, it must be elevated above the base flood elevation plus two
feet.
6
J
§148-23 Zoning Board of Appeals.
E. Upon consideration of the factors of Subsection §148-23 and the purposes of this chapter, the Zoning
Board of Appeals may attach such conditions to the granting of variances as it deems necessary to
further the purposes of this chapter.
§ 148-24 Conditions for variances.
A. 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 §148-23(D) has been fully considered. As the lot size increases
beyond 1/2 acre, the technical justification required for issuing the variance increases.
G. 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 over the signature of a community official that the cost of flood
insurance will be commensurate with the increased risk resulting from the lowest floor elevation.
(1) the issuance of a variance to construct a structure below the base flood level will result in
increased premium rates for flood insurance up to amounts as high as $25 for$100 of insurance
coverage; and
(2) such construction below the base flood level increases risks to life and property. Such
notification shall be maintained with the record of all variance actions as required in §148-14H
of this chapter.
III. SEVERABILITY
If any clause, sentence,paragraph, section, or part of this Local Law shall be adjudged by any court of
competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part
thereof other than the part so decided to be unconstitutional or invalid.
IV. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law.
7
i
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
L (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 24 . of the
(Gounty)( (Town) of SOUTHOLD was duly passed by the
TOWN BOARD on , 20 24 , in accordance with the applicable provisions of law.
2. (Passage by local legislative body with approval,no disapproval or re-passage after disapproval by the Elective
Chief Executive Officer*.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20
of the(County)(City)(Town)(Village)of was duly passed by the
on 20 , and was(approved)(not approved)(re-passed after
disapproval)by the and was deemed duly adopted on 20 ,
in accordance with the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20
of the (County)(City)(Town)(Village) of was duly passed by the
on 20 , and was(approved)(not approved)(repassed after
disapproval)by the on 20 . Such local law was submitted
to the people by reason of a(mandatory)(permissive)referendum,and received the affirmative vote of a majority of
the qualified electors voting thereon at the(general)(special)(annual) election held on 20 , in
accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting
referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the
(County)(City)(Town)(Village) of was duly passed by the
on 20 , and was (approved)(not approved) (repassed after
disapproval) by the on 20 Such local law was subject to
permissive referendum and no valid petition requesting such referendum was filed as of 20 , in
accordance with the applicable provisions of law.
8
Elective Chief Executive Officer means or Includes the chief executive officer of a county elected on a county-wide
basis or,If there be none, the chairperson of the county legislative body,the mayor of a city or village, or the supervisor of
a town where such officer is vested with the power to approve or veto local laws or ordinances.
DOS-239-f-1(Rev.04/14)
5. (City local law concerning Charter revision proposed by petition.)
I hereby certify,that the local law annexed hereto, designated as local law No. of 20
of the City of having been submitted to referendum pursuant to the provisions of
section (36)(37)of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified
electors of such city voting thereon at the(special)(general)election held on 20 ,
became operative.
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as local law No of 20
of the County of State of New York, having been submitted to the electors
at the General Election of November 20 , pursuant to subdivisions 5 and 7 of section 33 of the
Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of
said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said
general election, became operative.
(If any other authorized form of final adoption has been followed, pleaser�de an appropriate certification.)
I further certify that I have compared the preceding local law with the or incl o file in this ffice and that the same is a
correct transcript there from and of the whole of such original local law', and as fin a opted in the manner indicated
in paragraph 1 , above.
Clerk of t County gislative body, City, Town or
(Seal) Village aerk or officer designated by local legislative body
Denis Noncarrow,Town Clerk
Date: January 16,2024
DOS-239-f-I(Rev.04/14)
9
COUNTY OF SUFFOLK
STEVEN BELLONE
SUFFOLK COUNTY EXECUTIVE
DEPARTMENT OF ECONOMIC DEVELOPMENT AND PLANNING
SARAH LANSDALE
COMMISSIONER
ELISA PICCA
CHIEF DEPUTY COMMISSIONER
December 22, 2023
Town of Southold
53095 Main Road
P.O. Box 1179
Southold,NY 11971
Attn: Denis Noncarrow, Town Clerk
Applicant: Town of Southold
Zoning Action: Adopted Reso 2023-998
A Local Law to Amend Chapter 148
Flood Prevention
S.C.P.D. File No.: SD-23-LD
Dear Mr.Noncarrow:
Pursuant to the requirements of Sections A 14-14 to A 14-25 of the Suffolk County
Administrative Code, the above referenced application which has been submitted to the Suffolk
County Planning Commission is considered to be a matter for local determination as there is no
apparent significant county-wide or inter-community impact(s). A decision of local
determination should not be construed as either an approval or disapproval.
Very truly yours,
rl�e'4te /? 11_
By Christine DeSalvo
Theodore R. Klein,Principal Planner
Division of Planning&Environment
TRK/cd
LEE DENNISON BLDG 111 100 VETERANS MEMORIAL HWY,2nd FI 9 P.O.BOX 6100 Is HAUPPAUGE,NY 11788-0099 ■ (631)853-5191
Appendix.A- County Referral Form
Appendix A—Suffolk County Planning Commission Guidebook
iSuffolk CountyPlanming 1 / 1
Submission Cover1rm For Plan' • 1 /
Municipality: Town of Southold
Hamlet. _ _ Local Case Number:- .2023-998_-
District: 1000 Section, — Block: -"- Lot:•.,. Local Meeting Date: _12/19/23
Application/Action Name: Amend Chapter 148 Flood Damage Prey Public Hearing: IX Yes ❑ No
$eferrjljg"AgQncv: TYnoof:RefePrel: ;SEQRAActioni
11Planning B 11 oard or Commission Xi Naw ❑EAF ❑Draft EIS ❑Positive Declaration
❑Zoning Board of Appeals ❑Expansion ❑Lead Agency ❑Final EIS ❑Negative Declaration
XI Town Board/Village Board of ❑Modification ❑Draft Scope ❑Findings
Trustees
Brief description of application or proposed action:"A Local Law in relation to Amendments to,Chapter 148 for-flood
Rreverttion as authorized by teh MYS Constitution Article IX�e_ction 2 and Environmental Conservation
Law Article 36 _--=----
Type of Action Please check appropriate box below if action is located within the Suffolk County Pine Barrens Zone,within one
mile of a nuclear power plant or airport or within 500 feet of:
• A municipal boundary;
• The boundary of any existing or proposed county,state,or federal park or other recreation area;
• The right-of-way of any existing or proposed county or state road;
• An existing or proposed county drainage channel line;
• The Atlantic ocean,Long Island Sound,any bay In Suffolk County or estuary of any of the foregoing bodies of water,
• The boundary of county,state,or federally owned land held or to be held for governmental use:
• The boundary of a farm located in an agricultural district.
❑Comprehensive Plan(Adoption or Amendment) ❑Subdivision
❑Zoning Ordinance or Map(Adoption or Amendment) ❑ Use Variance
X1 Code Amendment ❑Area Variance
❑Official Map ❑Special Use Permit/Exception/Conditional Use
❑ Moratorium ❑Site Plan
Note:The above represents a summary of the required actions subject to referral to the Suffolk County Planning Commission. The provisions of
GML and Laws of Suffolk County must be used to verify which actions are subject to referral and the related procedural requirements.
Additional Application Information-
Action Previously Referred to Suffolk County Planning Commission ❑Yes 12 No (If yes,Date )
• Adjacent Municipality Notified(see NYS GML 239 nn) ❑Yes ❑No ;Q N/A
• Located Within Long Island Pine Barrens Zone ❑Yes Sca No
• Workforce/Affordable Housing ❑Yes ❑No W N/A
• Energy Efficiency ❑Yes ❑No Q9 N/A
• Zoning Board of Appeals Approval ❑Yes ❑No 0 N/A
• Suffolk County Department of Health Approval/Comments ❑Yes ❑No N NIA
• New York State Dept.of Environmental Conservation Approval/Comments ❑Yes ❑No I&N/A
• New York State/Suffolk County Dept,of Public Works Approval/Comments ❑Yes ElNo W N/A
• Suffolk County Sanitary Code Article 6,Groundwater Management Zone- ❑1 1111 ❑III ❑IV ❑V ❑VI ❑VII ❑VIII
Contact Information
Denis Noncarrow,Southold Town Clerk
Municipality Contact Name:,. -- " • - .. _
Department/Agency: ,- Southold Town Clerk
Phone Number: (631)765-1800 Email Address: denisn@southoidtownny.gov _
Applicant Contact Name . Denis-Noncarrow,Southold Town Clerk
Applicant Address: 53905 Main Road.PO Box 1179,Southold,,NY 11971
Rudder, Lynda
From: Rudder, Lynda
Sent: Wednesday, December 20, 2023 10:57 AM
To: SC Dept of Planning
Cc: Mirabelli, Melissa
Subject: Chapter 148 Flood Damage Prevention for referral
Attachments: chapter 148_20231220120048.pdf
Importance: High
Your message is ready to be sent with the following file or link attachments:
chapter 148_20231220120048.pdf
Note:To protect against computer viruses, e-mail programs may prevent sending or receiving certain types of file
attachments. Check your e-mail security settings to determine how attachments are handled.
1
}
f
t \ /
ACCOUNT NUMBER CUSTOMER
j�
THE DAY PUBLISHING COMPANY D83503 TOWN OF SOUTHOLD-TOWN CLERK
PO BOX 1231
47 EUGENE O'NEILL DRIVE CLIENT PAGE NUMBER DUE DATE
NEW LONDON,CT 06320-1231
Page 1 of 1 Upon Receipt
Order Number Amount Due
d01070430 $360.40
TOWN OF SOUTHOLD - TOWN CLERK CHECK NUMBER
ATTN: TOWN CLERK MAKE CHECKS PAYABLE TO
DAY PUBLISHING COMPANY
53095 MAIN ROAD Include your account#/
PO BOX 1179 order#on your check AMOUNT PAID
SOUTHHOLD, NY 11971-0959 remittance
United States
PLEASE RETURN UPPER PORTION WITH YOUR REMITTANCE
ryw-
" DESCRIPTION .,:,` ' `. :;PUBLICATION ,REFERENCE#.. SIZEILINESWGROSS NET
OTHER
m.
OR QTY
AMOUNT;, - . AMOUNT'
12/14/23 Chapter 148 Flood I The Day Chapter 148 2 col $334.40 $0.001 !� $334.40
Flood
12/14/23 Chapter 148 Flood Day Classified Chapter 148 2 col $1.00 $0.00 $1.00
j Webpage Flood
12/14/23 Chapter 148 Flood CT Public Notices Chapter 148 Not Applicable $25.00 $0.00! $25.00
I Webpage Flood � •_.. __._...,...,,•._._ 1
!Total $360.40` $0.001 $360.40
Account Number Customer Total Due
D83503 TOWN OF SOUTHOLD-TOWN CLERK $360.40
Day Credit Department 860-701-4204 Accounting Fax 860-437-7504
Community Classifieds-Toll Free 800-582-8296 Advertising Fax 860-437-8780
Day Publishing Company-Toll Free 800-542-3354 Classified Fax 860-442-5443
Rudder, Lynda
From: legal <legal@theday.com>
Sent: Thursday, December 7, 2023 3:07 PM
To: Rudder, Lynda
Subject: Re: For publication on 12/14
Attachments: Chapter 148 Flood invoice.pdf
Here is notice d01070430 that will run in the 12/14 edition. Invoice is attached. Notice d01070359 has been cancelled.
7.
dol 070430�'
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
41
{NOTICE IS HEREBY GIVEN THAT there has been pre
4sented to the Town Board of the Town of Southold,,
ISuffolk County, New York, on the 5th day of December,'{{
21523,a Local Law entitled `°A Local Law In Rela-.
bore to Amendments to
odd aee1 .e revention a5 au oriZ�
.l # New or tater mores i I ion rtic:e.
.'. eG nose 1.
and EnvironmentalGonserva-
i sont w— ice an
I<54TICE IS HEREBY FURTHER GIVEN that the Town;
'Board of the Town of Southold will hold a public hearing;'
on the aforesaid Local Law at the Southold Town hall,,'
+531195 Main Road,Southold,Ne7n York,on the 19th dayofj
Becember,.2023 at 4:30 p.m.at which time all Interested,
,persons will be given an opportunity to be heard. ;I
,The proposed Local Law entitled, `aA Local Law in
!Relation to Amendments et a 'er
or Flood Damage Prevention as authorize .
the New York State Constfflullon, rtic eij
ection an
rivironmental Conservan,
t n7 Law. Article reads as o ows:
LOCAL LAW NO. 2,023 �
a
1A Local Law entitled, "A Local Law in Relationl�
,to Amendmentso C, a er 148 tor oo tl
,l arria a revers ion as aut prize t e°
ewor a e ores i ution ice ,1
? e ion 2 an nvironmen a ons.erva=;:
i ion awai �e
�BE IT ENACTED try the Town Board of the Town ofgJ
!Southold as follows: !{
i1. Purpose -The purpose of this Racal law is to update;;
!Chapter 1.48. i
,s
jThe complete proposed Local Law is located on the town;
!website southoldtownn ov or by contacting the,
,ISouthoi awn er .s Office at(6 1.)765-1500. �
l;
1BY ODDER OF THE SOUTHOLD TOWN BOARD
Dated:December 5,2423 ,
Denis Noncarrovi� Southold Town Clerk
1
Chapter 148 Flood Prevention
1 . Resolution
2. Affidavit of Posting on TC Bulletin Board
3. Legal Notice
4. Affidavit of Publication — Suffolk Times
5. Affidavit of Publication — The Day
Rudder, Lynda
From: Rudder, Lynda
Sent: Wednesday, December 6, 2023 1:37 PM
To: New London Day Newspaper (legal@theday.com)
Subject: For publication on 12/14
Attachments: Chapter 215 Sewer.docx; Chapter 148 Flood.docx
Importance: High
Please publish both Legal Notices in the 12/14 edition of the Day.Thanks
-d"da W,zudde4
Deputy Town Clerk
Prinicpal Account Clerk
Southold Town
53095 Main Road
PO Box 1179
Southold,NY 11971
631/765-1800 ext.1210
631/765-6145 Fax
1
I
5c535b7c-302e-476c-a5f4-c748309c96d8 lynda.rudder@town.southold.ny.us
AFFIDAVIT OF PUBLICATION
The Suffolk Times
State of New York,
County of,Suffolk,
The undersigned is the authorized designee of The Suffolk Times,a Weekly Newspaper published in
Suffolk County,New York. I certify that the public notice,a printed copy of which is attached hereto,
was printed and published in this newspaper on the following dates:
December 14,2023
This newspaper has been designated by the County Clerk of Suffolk County,as a newspaper of record in
this county,and as such,is eligible to publish such notices.
Signature
Christina Henke Rea
Printed Name
Subscribed and sworn to before me,
This 14 day of December 2023
otar ignat e
�4-� STATE
OF NEW YORK
NOTARNOTAR g���
Notary Public Stamp �a% QualMlodlnAlbonycounty 1��
i
no 01RE0398M3 I
I V
ss701VIEX0N
i
SOUTHOLD TOWN CLERK 1
i
I
i
t
1
5c535b7c-302e-476c-a5f4-c748309c96d8 lynda.rudder@town.southold,ny.us
AFFIDAVIT OF PUBLICATION
The Suffolk Times
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN THAT
there has been presented to the
Town Board of the Town of
Southold,Suffolk County, New
York,on the 5th day of December,
2023,a Local Law entitled"A Local
Law in Relation to Amendments
to Chapter 148 for Flood Damage
Prevention as authorized by the
New York State Constitution,
Article IX,Section 2,and
Environmental Conservation Law,
Article 36",and
NOTICE IS HEREBY FURTHER
GIVEN that the Town Board of the
Town of Southold will hold a public
hearing on the aforesaid Local Law
at the Southold Town Hall,53095
Main Road,Southold, New York,on
the 19th day of December,2023
at 4:30 p.m.at which time all
interested persons will be given an
opportunity to be heard.
The proposed Local Law entitled,
"A Local Law in Relation to
Amendments to Chapter 148 for
Flood Damage Prevention as
authorized by the New York State
Constitution,Article IX,Section 2,
and Environmental Conservation
Law,Article 36" reads as follows:
LOCAL LAW NO. 2023
A Local Law entitled,"A Local Law
in Relation to Amendments to
Chapter 148 for Flood Damage
Prevention as authorized by the
New York State Constitution,
Article IX,Section 2,and
Environmental Conservation Law,
SOUTHOLD TOWN CLERK 2
i
i
5c535b7c-302e-476c-a5f4-c748309c96d8 lynda.rudder@town.southold.ny.us
AFFIDAVIT OF PUBLICATION
The Suffolk Times
Article 36"
The entire proposed Local Law is
available on the Town website:
southoldtownny.gov or by
contacting the Southold Town
Clerks office during regular
business hours(631)765-1800
BY ORDER OF THE SOUTHOLD
TOWN BOARD
Dated: December 5,2023
Denis Noncarrow
Southold Town Clerk
SOUTHOLD TOWN CLERK 3
3
I.:
i f
t
Times Review Media Group Invoice #: 5c535b7c
The Suffolk Times Date: 12/06/2023
i
Bill To Customer Email
I SOUTHOLD TOWN CLERK lynda.rudder@town.southold.ny.us
I
j I
i
Affidavits will be mailed or emailed (as ordered) 7 days AFTER'THE
f
LAST INSERTION DATE.
Description Publish Date Amount' {
i PUBLIC 12/14/2023 $43.96
3 j
3
Affidavit(eMail) 1 $25.00
Affidavit(Mail) 0 $0.00
Total: $68.96
Please remit checks payable to: Balance:
Times Review Media Group
$68.96
i
PO Box 1500
Mattituck, NY 11952
The invoice number MUST be included on your check to ensure that your payment is
applied correctly.
i
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN THAT
there has been presented to the
Town Board of the Town of
Southold, SuNk County, New
York, on the 5 day of December,
2023, a Local Law entitled "A Local
Law in Relation to Amendments
to Chapter 148 for Flood Damage
Prevention as authorized by the
New York State Constitution,
Article IX. Section 2. and
Environmental Conservation Law,
Article 36". and
NOTICE IS HEREBY FURTHER
GIVEN that the Town Board of the
Town of Southold will hold a public
hearing on the aforesaid Local Law
at the Southold Town Hall, 53095
Main %ad, Southold, New York, on
the 19 day of December, 2023
at 4:30 p.m. at which time all
interested persons will be given an
opportunity to be heard.
The proposed Local Law entitled,
"A Local Law in Relation to
Amendments to Chapter 148 for
Flood Damage Prevention as
authorized by the New York State
Constitution, Article IX. Section 2.
and Environmental Conservation
Law, Article 36" reads as follows:
LOCAL LAW NO. 2023
A Local Law entitled, "A Local Law
in Relation to Amendments to
Chapter 148 for Flood Damage
Prevention as authorized by the
New York State Constitution,
Article IX, Section 2. and
Environmental Conservation Law,
Article 36"
The entire proposed Local Law is
available on the Town website:
south oldtownny.gov or by
contacting the Southold Town
Clerks office during regular
business hours (631)765-1800
BY ORDER OF THE SOUTHOLD
TOWN BOARD
Dated: December 5, 2023
Denis Noncarrow
Southold Town Clerk
M1
J'
l
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN THAT there has been presented to the Town Board of the
Town of Southold, Suffolk County,New York, on the 5"' day of December, 2023, a Local Law
entitled "A Local Law in Relation to Amendments to Chapter 148 for Flood Damage
Prevention as authorized by the New York State Constitution,Article IX, Section 2, and
Environmental Conservation Law, Article 36", and
NOTICE IS HEREBY FURTHER GIVEN that the Towr:C Board of the Town of Southold will
hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road,
Southold,New York, on the 19111 day of December,2023 at 4:30 p.m. at which time all
interested persons will be given an opportunity to be heard.
The proposed Local Law entitled, "A Local Law in Relation to Amendments to Chapter 148
for Flood Damage Prevention as authorized by the New York State Constitution,Article
IX, Section 2, and Environmental Conservation Law,Article 36" reads as follows:
LOCAL LAW NO. 2023
A Local Law entitled, "A Local Law in Relation to Amendments to Chapter 148 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 Southold as follows:
I. Purpose - The purpose of this local law is to update Chapter 148.
II. Chapter 148 of the Code of the Town of Southold is hereby amended to include the
underlined words and remove the struck through words as follows:
§ 148-4 Definitions.
A. Unless specifically defined below, words or phrases used in this chapter shall be
interpreted so as to give them the meanings they have in common usage and to give this
chapter its most reasonable application.
B. As used in this chapter, the following terms shall have the meanings indicated:
ACCESSORY STRUCTURE
A structure used solely for parking (two-car detached garages or smaller) or limited
storage, represent a minimal investment of not more than 10-percent of the value of
the primary structure, and may not be used for human habitation.
COASTAL A ZONE
Area within a SFHA, landward of a V1-V30,VE, or V zone or landward of an open
coast without mapped coastal high hazard areas. In a coastal A zone, the principal
source of flood must be astronomical tides, storm surlZes, seiches or tsunamis, not
riverine flooding. During the base flood conditions, the potential for breaking wave
i
height shall be greater than or equal to 1 '/2 feet (457 mm). The inland limit of coastal
A zone is (a) the Limit of Moderate Wave Action if delineated on a FIRM, or (b)
designated by the authority having jurisdiction
LIMIT OF MODERATE WAVE ACTION (LiMWA)
Line shown on FIRMs to indicate the inland limit of the 1 % foot (457 mm) breaking
wave height during the base flood.
REGULATORY FLOODWAY
The channel of a river or other watercourse 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§1418-
42 §148-14B of this chapter.
VIOLATION
Means the failure of a structure or other development to be fully compliant with the
community's flood plain management regulations.
§ 148-9 Penalties for offenses.
No structure in an area of special flood hazard 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 chapter and any other applicable regulations. Any infraction of the provisions of
this chapter 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 chapter or fails to comply with any of its requirements
shall, upon conviction thereof, be fined no more than $250 or imprisoned for not more than 15
days, or both. Each day of noncompliance shall be considered a separate offense. Nothing herein
.contained shall prevent the Town of Southold from taking such other lawful action as necessary
to prevent or remedy an infraction. Any structure found not compliant with the requirements of
this chapter for which the developer and/or owner has not applied for and received an approved
variance under §14 8-22-and §148-23 will be declared noncompliant, and notification will be sent
to the Federal Emergency Management Agency.
§ 148-14 Duties and responsibilities of local administrator.
Duties of the local administrator shall include but not be limited to the following:
A. Permit application review. The local administrator shall conduct the following permit
application review before issuing a floodplain development permit. The local administrator
shall:
(2) Review subdivision and other proposed new development, including
manufactured home parks, to determine whether proposed building sites will be
reasonably safe from flooding. If a proposed building site is located in an area of
special flood hazard, all new construction and substantial improvements shall
meet the applicable standards of§148-15 through 148 21- §148-22, construction
standards, and, in particular, §148-1513, Subdivision proposals.
(3) Determine whether any proposed development in an area of special flood hazard
may result in physical damage to any other property (e.g., stream bank erosion
and increased flood velocities). The local administrator may require the applicant
to submit additional technical analyses and data necessary to complete the
v
determination. If the proposed development may result in physical damage to any
other property or fails to meet the requirements of§148-15 through 148 21- §148-
22, construction standards, no permit shall be issued. The applicant may revise
the application to include measures that mitigate or eliminate the adverse effects
and resubmit the application.
B. Use of other flood data.
(1) When the Federal Emergency Management Agency has designated areas of
special flood hazard on the community's Flood Insurance Rate Map (FIRM) but
has neither produced water surface elevation data (These areas are designated
Zone A or V on the FIRM.)nor identified a floo'dway, 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 § 14 8 13G §148-13H, as criteria for requiring that new construction,
substantial improvements or other proposed development meet the requirements
of this chapter.
H. Information to be retained. The local administrator shall retain and make available for
inspection copies of the following:
(5) Variances issued pursuant to § 14 8 22 and 14 8 23 148-23 and 148-24,variance
procedures; and,.
Base flood elevations developed pursuant to sub-section 148-13G and
supportinll technical analysis.
§ 148-15 General standards.
The following standards apply to new development, including new and substantially improved
structures, in the areas of special flood hazard shown on the Flood Insurance Rate Map
designated in §1.48-6.'
B. Subdivision And Development proposals. The following standards apply to all new
subdivision proposals and other proposed development in areas of special flood hazard
(including proposals for manufactured home and recreational vehicle parks and
subdivisions):
(4) Proposed development shall not result in physical damage to any other
property (e.g., stream bank erosion or increased flood velocities). If
requested by the Local Administrator, the applicant shall provide a technical
analysis, by a licensed professional engineer, demonstrating that this
condition has been met.
(5) Proposed development shall be designed, located, and constructed so as to
offer the minimum resistance to the flow of water and shall be designed to
have a minimum effect upon the height of flood water.
(6) Any equipment or materials located in a special flood hazard area shall be
elevated, anchored, and floodproofed as necessary to prevent flotation, flood
damage, and the release of hazardous substances.
(7) No alteration or relocation of a watercourse shall be permitted unless:
a. a technical evaluation by a licensed professional engineer
demonstrates that the altered or relocated segment will provide
conveyance equal to or greater than that of the original stream
segment and will not result in physical damage to any other property;
b. if warranted, a conditional revision of the Flood Insurance Rate Map
is obtained from the Federal Emergency Management Agency,with
the applicant providing the necessary data, analyses, and mappina
and reimbursing the Town of Southold for all fees and other
costs in relation to the application; and
C. the applicant provides assurance that maintenance will be provided so
that the flood carrying capacity of the altered or relocated portion of
the watercourse will not be diminished.
C. Encroachments.
(3) In a Special Flood Hazard Area (SFHA), if any development is found to
increase or decrease base flood elevations, the Town of Southold shall
as soon as practicable, but not later than six months after the date such
information becomes available, notify FEMA and the New York State
Department of Environmental Conservation of the changes by submitting
technical or scientific data in accordance with standard engineering practice.
§ 148-16 Standards for all structures.
B. Construction materials and methods.
(3) For enclosed areas below the lowest floor of a structure within Zones Al-A30,
AE or AH, and also in Zone A if base flood elevation data are available, new and
substantially improved structures shall have fully enclosed areas below the lowest
floor that are usable solely for parking of vehicles, building access or storage in
an area other than a basement and which are subject to flooding designed to
automatically equalize hydrostatic flood forces on 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 or architect or meet or
exceed the following minimum criteria:
(c) openings not less than three inches in any direction.
(E)(d) Openings may be equipped with louvers, valves, screens or other
coverings or devices, provided that they permit the automatic entry and
exit-of floodwaters. Enclosed areas subgrade on all sides are considered
basements and are not permitted.
C. Utilities.
(1) New and replacement electrical,equipment, heating, ventilating, air conditioning,
plumbing connections and other service equipment shall be located at least two
feet above the base flood elevation, or above the base flood level or designed to
prevent water from entering or accumulating within the components during a
flood and to resist hydrostatic and hydrodynamic loads and stresses.
Electrical wiring and outlets, switches, junction boxes and panels shall be
elevated or designed to prevent water from entering and accumulating within
the components unless they conform to the appropriate provisions of the
electrical part of the Building Code of New York State or the Residential
Code of New York State for location of such items in wet locations. This
includes heating, ventilating and air-conditioning equipment, hot water heaters,
appliances, elevator lift machinery and electrical junction and circuit breaker
boxes. When located below the base flood elevation, a professional engineer's or
i
architect's certification of the design is required.
D. Storage Tanks
(1) Underground tanks shall be anchored to prevent flotation, collapse and
lateral movement during conditions of the base flood.
(2) Above-ground tanks shall be:
a. anchored to prevent floatation, collapse or laterallmovement during
conditions of the base flood or;
b. installed at or above the base flood elevation as shown on the Flood
Insurance Rate Map enumerated in §148-6 plus two feet.
§ 148-17 Elevation of residential structures (except coastal high-hazard areas).
The following standards, in addition to the standards in § 148-1513, Subdivision proposals, and §
148-15C, Encroachments, and § 148-16, Standards for all structures, apply to new and
substantially improved residential structures located in areas of special flood hazard as indicated:
A. Within Zones Al-A30, AE and AH, and also in Zone A if base flood elevation data are
available, new construction and substantial improvements shall have the lowest floor
(including basement) elevated to or above the two feet above the base flood elevation.
Within Zones AH adequate drainage paths are required to guide flood waters
around and away from proposed structures on slopes.
B. Within Zone A, when no base flood elevation data are available, new and substapAi lly
improved structures shall ha-ve the lowest floor- (ineluding basement) elevated at leas
thfee feet .,boye the highest adjacent grade. a base flood elevation shall be determined
by either:
(1) Obtain and reasonably use data available from a federal, state, or other
source plus two feet of freeboard, or,
(2) Determine the base flood elevation in accordance with accepted hydrologic
and hydraulic engineering practice, plus two feet of freeboard.
Determinations shall be undertaken by a registered design professional who
shall document that the technical methods used reflect currently accepted
engineering practice. Studies, analyses, and computations shall be submitted
in sufficient detail to allow thorough review and approval
C. Within Zone AO, new construction and substantially improved structures shall have the
lowest floor(including basement) elevated above the highest adjacent grade at least as
high as two feet above the depth number specified in feet on the community's Flood
Insurance Rate Map enumerated in §148-6 (at least two feet ifno dept- number i
spe"'�:plus one foot of freeboard. In areas designated as Zone AO where a depth
number is not specified on the map, the depth number shall be taken as being equal
to 2 feet. Within AO, adequate drainage paths are required to guide flood waters
around and away from proposed structures on slopes.
D. Within Zones AH and adequate drainage paths are required to guide floodwaters
around and away from proposed structures on slopes.
§ 148-18 Residential structures (coastal high-hazard areas).
The following standards, in addition to the standards in §148-15A, Coastal high-hazard areas,
and §148-1513, Subdivision and Development proposals, and §148-16, Standards for all
structures, apply to new and substantially improved residential structures located in areas of
i
special flood hazard shown as Zone V1-V30, VE or V on the community's Flood Insurance Rate
Map designated in § 148-6:
N. Breakaway wall design standards.
(2) Use of breakaway wall strengths in excess of 20 pounds per square foot shall not
be permitted unless a registered professional engineer or architect has developed
or reviewed the structural design and specifications for the building foundation
and breakaway wall components and certifies Lathat breakaway walls will fail
under water loads less than those that would occur during the base flood!and
that the elevated portion of the building and supporting foundation system will not
be subject to collapse, displacement or other structural damage due to the effects
of wind and water loads acting simultaneously on all building components
(structural and nonstructural). Water loading values used shall be those associated
with the base flood. Wind loading values shall be those required by the building
code.
§ 148-19 Nonresidential structures (except coastal high-hazard areas).
The following standards apply to new and substantially improved commercial, industrial and
other nonresidential structures located in areas of special flood hazard, in addition to the
requirements in § 148-1513, Subdivision and Development proposals, and § 148-15C,
Encroachments, and § 148-16, Standards for all structures.
B. Within Zone AO, new construction and substantial improvements of nonresidential
structures shall:
(2) Together with attendant utility and sanitary facilities, be completely floodproofed
to that level to meet the floodproofing standard specified in § 1^� 148-
19A(2).
C. If the structure is to be floodproofed, a licensed professional engineer or architect shall
develop and/or review structural design, specifications and plans for construction. A
floodproofing certificate or other certification shall be provided to the local administrator
that certifies that the design and methods of construction are in accordance with accepted
standards of practice for meeting the provisions of X148-19A(2), including the specific
elevation (in relation to mean sea level)to which the structure is to be floodproofed.
§ 148-21 Manufactured homes and recreational vehicles.
The following standards, in addition to the standards in § 148-15, General standards, and § 148-
16, Standards for all structures, apply in areas of special flood hazard to manufactured homes
and to recreational vehicles which are located in areas of special flood hazard.
A. Recreational vehicles.
(1) Recreational vehicles placed on sites within Zones Al-A30, AE, AH, V1 - V30,
V and VE shall either:
(c) Meet the requirements for manufactured homes in Subsections B, C D
and E.
B. Within Zones Al-A30, AE,AH, the bottom of the frame of the manufactured home
shall be elevated to meet the requirements of Section 148-17A. Elevation on piers
consisting of dry stacked blocks is prohibited. A manufactured home that is placed or
substantially improved in Zones Al-A30, AE, AH, V1-V30, V or VE that is on a site
either outside of an existing manufactured home park or subdivision, as herein defined; in
s �
a new manufactured home park or subdivision, as herein defined; in an expansion to an
existing manufactured home park or subdivision, as herein defined; or in an existing
manufactured home park or subdivision, as herein defined, on which a manufactured
home has incurred substantial damage as the result of a flood shall, within Zones A1-
A30, AE and AH, be elevated on a permanent foundation such that the lowest floor is
elevated to or above two feet above the base flood elevation and is securely anchored to
an adequately anchored foundation system to resist flotation, collapse and lateral
movement or, within Zones V 1-V30, V and VE, be elevated on a pile foundation such
that the bottom of the lowest structural member of the lowest floor(excluding pilings and
columns) is elevated to or above two feet above the base flood elevation and securely
anchored to an adequately anchored foundation system to resist flotation, collapse and
lateral movement. Elevation on piers consisting of dry stacked blocks is prohibited.
Methods of anchoring may include but are not limited to use of over-the-top or frame ties
to ground anchors.
C. Within Zone A, the bottom of the frame of the manufactured home shall be elevated
to meet the requirements of Section 148-17B. Elevation on piers consisting of dry
stacked blocks is prohibited. A manufactured home to be placed or substantially
improved in Zone Al-A30, AE, AH, V1-V30 or VE in an existing manufactured home
park or subdivision that is not to be placed on a site on which a manufactured home has
incurred substantial damage shall be elevated in a manner such as required in Subsection
B.
D. Within Zone AO, the bottom of the frame of the manufactured home shall be
elevated to meet the requirements of Section 148-17C. Elevation on piers consisting
of dry stacked blocks is prohibited Alithi Zone ^ ^' >1 b flood 1 ti^r
. Alithin ne��vi—v , 'dvixcn�iv--vc�rrvvcrcre�ucrvzx
da4a are available, new and substapAially improved manufactured homes shall b
sueh that the manufactured heme ehA---*- " --o'i4ed by reinforced piers or-othe
��dation elemerAs of at least equivalent strength that are no less than 36 ifiehes in
heighA above the lowest adjaeePA grade and are securely aneher-ed to an adequately
anehered foundation system to resist flotation, collapse or-later-a! inevement. Elevation o
E. Within V or VE, manufactured homes must meet the requirements of 148-18ALithin
Zone AO, the floor-shall be elevated above the highest adjaeent gr-ade at least as high as
the deptl, ., mber specified o the Flood incur-anee Rate Map enumerated_, §14Q_6-Lat
least two feet if no depth number is speeified). Eleva4ion on piers eansisting of dl�y
stacked blooks is pr-ohib4ed-.
F. The foundation and anchorage of manufactured homes to be located in identified
floodways shall be designed and constructed in accordance with ASCE 24.
§148-22 ACCESSORY STRUCTURES INCLUDING DETACHED GARAGES
The following standards apply to new and substantially improved accessory structures,
including detached garages, in the areas of special flood hazard shown on the Flood
Insurance Rate Map designated in X148-6.
A. The accessory structure must meet the definition of structure, for floodplain
management purposes, provided in 44 CFR 59.1,where walled and roofed shall be
interpreted as having two outside rigid walls and a fully secured roof.
B. The accessory structure should be small, as defined by the community and approved
by FEMA, and represent a minimal investment. Accessory structures of any size
may be considered for a variance; however, FEMA considers accessory structures
that meet the following criteria to be small and therefore not necessarily in need of a
variance, if the community chooses to allow it:
(1) Located in an A Zone (A,AE, Al-A30,AR, A99) and less than or equal to the
size of a one-story, two-car garage.
(2) Located in a V Zone (V,VE, V1-V30) and less than or equal to 100 square
feet.
C. Accessory structures must meet the standards of t 148-16A,ANCHORING,
D. The portions of the accessory structure located below BFE plus two feet of
freeboard must be constructed with flood-resistant materials.
E. Mechanical and utility equipment for the accessory structure must be elevated or
dry floodproofed to or above BFE plus two feet of freeboard.
F. Within Zones AO and Zone A, if base flood elevation data are not available, areas
below three feet above the highest adjacent grade shall be constructed using
methods and practices that minimize flood damage.
G. The accessory structure must comply with the floodway encroachment provisions of
the NFIP.
H. The accessory structure must be wet floodproofed to protect the structure from
hydrostatic pressure. The design must meet the NFIP design and performance
standards for openings per 44 CFR & 60.3(c)(5) and must allow for the automatic
entry and exit of floodwaters without manual operation or the presence of a person
(or persons).
I. Within Zones Vl-V30, VE, and V, unelevated accessory buildings must be
unfinished inside, constructed with flood-resistant materials, and used only for
storage. When an accessory building is placed in these zones, the design professional
must determine the effect that debris from the accessory building will have on
nearby buildings. If the accessory building is large enough that its failure could
create damaging debris or divert flood flows, it must be elevated above the base
flood elevation plus two feet.
§148-23 Zoning Board of Appeals.
E. Upon consideration of the factors of Subsection D 148-23 and the purposes of this
chapter,the Zoning Board of Appeals may attach such conditions to the granting of
variances as it deems necessary to further the purposes of this chapter.
§ ' i23 148-24 Conditions for variances.
A. 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 § 1"8 22D
§148-23(D) has been fully considered. As the lot size increases beyond 1/2 acre, the
technical justification required for issuing the variance increases.
G. 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 over the signature of a community
official that the cost of flood insurance will be commensurate with the increased risk
resulting from the lowest floor elevation.
(1) the issuance of a variance to construct a structure below the base flood level
will result in increased premium rates for flood insurance up to amounts as
high as $25 for$100 of insurance coverage; and
(2) such construction below the base flood level increases risks to life and
property. Such notification shall be maintained with the record of all
variance actions as required in X148-14H of this chapter.
III. SEVERABILITY
If any clause, sentence,paragraph, section, or part of this Local Law shall be adjudged by any
court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law
as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.
IV. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as provided
by law.
BY ORDER OF THE SOUTHOLD TOWN BOARD
Dated: December 5 ,2023
Denis Noncarrow, Southold Town Clerk
i
STATE OF NEW YORK)
SS:
COUNTY OF SUFFOLK)
Denis Noncarrow, Town Clerk of the Town of Southold, New York being duly sworn,
says that on the 61h day of December , 2023, a notice of which the annexed printed
notice is a true copy was affixed, in a proper and substantial manner, in a most public
place in the Town of Southold, Suffolk County,New York, to wit: Town Clerk's
Bulletin Board, 53095 Main Road, Southold, New York and the Southold Town website,
www.southoldtownny.gov .
PH 12/19/23 4:30 pm—Chapter 148 Flood Damage
enis Noncarro
Southold Town Clerk
Sworn before me this
61h day of Dec m er , 2023.
Notary Public
LYNDA M. RUDDER
Notary Public, State of New York
No. 01 RU6020932
Qualified in Suffolk County
Commission Expires March 8,204
RESOLUTION 2023-998
oy�av
ADOPTED DOC ID: 19762
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2023-998 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
DECEMBER 5, 2023:
WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk
County,New York, on the 5"' day of December, 2023, a Local Law entitled "A Local Law in
Relation to Amendments to Chapter 148 for Flood Damage Prevention as authorized by
the New York State Constitution,Article IX, Section 2, and Environmental Conservation
Law,Article 36".
RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the
aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold,New York, on the
1911 day of December, 2023 at 4:30 p.m. at which time all interested persons will be given an
opportunity to be heard.
The proposed Local Law entitled, "A Local Law in Relation to Amendments to Chapter 148
for Flood Damage Prevention as authorized by the New York State Constitution,Article
IX, Section 2, and Environmental Conservation Law,Article 36"reads as follows:
LOCAL LAW NO. 2023
A Local Law entitled, "A Local Law in Relation to Amendments to Chapter 148 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 Southold as follows:
I. Purpose-The purpose of this local law is to update Chapter 148.
11. Chapter 148 of the Code of the Town of Southold is hereby amended to include the
underlined words and remove the struck through words as follows:
§ 148-4 Definitions.
A. Unless specifically defined below,words or phrases used in this chapter shall be
interpreted so as to give them the meanings they have in common usage and to give this
chapter its most reasonable application.
B. As used in this chapter, the following terms shall have the meanings indicated:
ACCESSORY STRUCTURE
A structure used solely for parking(two-car detached garages or smaller) or limited
storage, represent a minimal investment of not more than 10-percent of the value of
the primary structure, and may not be used for human habitation.
COASTAL A ZONE
Resolution 2023-998 Board Meeting of December 5, 2023
Area within a SFHA, landward of a VI-V30,VE, or V zone or landward of an open
coast without mapped coastal high hazard areas. In a coastal A zone,the principal
source of flood must be astronomical tides, storm surges, seiches or tsunamis, not
riverine flooding. During.the base flood conditions, the potential for breaking wave
height shall be greater than or equal to 1 % feet(457 mm). The inland limit of coastal
A zone is (a) the Limit of Moderate Wave Action if delineated on a FIRM, or (b)
designated by the authority having jurisdiction
LIMIT OF MODERATE WAVE ACTION (LiMWA)
Line shown on FIRMs to indicate the inland limit of the 1 %foot (457 mm) breaking
wave height during the base flood.
REGULATORY FLOODWAY
The channel of a river or other watercourse 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*148-
4-2§148-14B of this chapter.
VIOLATION
Means the failure of a structure or other development to be fully compliant with the
community's flood plain management regulations.
§ 148-9 Penalties for offenses.
No structure in an area of special flood hazard 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 chapter and any other applicable regulations. Any infraction of the provisions of
this chapter 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 chapter or fails to comply with any of its requirements
shall,upon conviction thereof, be fined no more than $250 or imprisoned for not more than 15
days, or both. Each day of noncompliance shall be considered a separate offense.Nothing herein
contained shall prevent the Town of Southold from taking such other lawful action as necessary
to prevent or remedy an infraction. Any structure found not compliant with the requirements of
this chapter for which the developer and/or owner has not applied for and received an approved
variance under §148 fid §148-23 will be declared noncompliant, and notification will be sent
to the Federal Emergency Management Agency.
§ 148-14 Duties and responsibilities of local administrator.
Duties of the local administrator shall include but not be limited to the following:
A. Permit application review. The local administrator shall conduct the following permit
application review before issuing a floodplain development permit. The local administrator
shall:
(2) Review subdivision and other proposed new development, including
manufactured home parks, to determine whether proposed building sites will be
reasonably safe from flooding. If a proposed building site is located in an area of
special flood hazard, all new construction and substantial improvements shall
meet the applicable standards of§148-15 through 1-48 21 §148-22, construction
standards, and, in particular, §148-15B, Subdivision proposals.
(3) Determine whether any proposed development in an area of special flood hazard
may result in physical damage to any other property (e.g., stream bank erosion
Updated: 12/6/2023 11:02 AM by Lynda Rudder Page 2
Resolution 2023-998 Board Meeting of December 5, 2023
and increased flood velocities). The local administrator may require the applicant
to submit additional technical analyses and data necessary to complete the
determination. If the proposed development may result in physical damage to any
other property or fails to meet the requirements of§148-15 through 1^� §148-
22, construction standards, no permit shall be issued. The applicant may revise
the application to include measures that mitigate or eliminate the adverse effects
and resubmit the application.
B. Use of other flood data.
(1) When the Federal Emergency Management Agency has designated areas of
special flood hazard on the community's Flood Insurance Rate Map (FIRM)but
has neither produced water surface elevation data (These areas are designated
Zone A or V on the FIRM.)nor identified a floodway,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 § 14 8 13G §148-13H, as criteria for requiring that new construction,
substantial improvements or other proposed development meet the requirements
of this chapter.
H. Information to be retained. The local administrator shall retain and make available for
inspection copies of the following:
(5) Variances issued pursuant to § 14 8 22 and 14 8 23 148-23 and 148-24,variance
procedures; and,.
Base flood elevations developed pursuant to sub-section 148-13G and
supporting technical analysis.
§ 148-15 General standards.
The following standards apply to new development, including new and substantially improved
structures, in the areas of special flood hazard shown on the Flood Insurance Rate Map
designated in §148-6.
B. Subdivision And Development proposals. The following standards apply to all new
subdivision proposals and other proposed development in areas of special flood hazard
(including proposals for manufactured home and recreational vehicle parks and
subdivisions):
(4) Proposed development shall not result in physical damage to any other
property(e.g., stream bank erosion or increased flood velocities). If
requested by the Local Administrator, the applicant shall provide a technical
analysis, by a licensed professional engineer, demonstrating that this
condition has been met.
(5) Proposed development shall be designed,located, and constructed so as to
offer the minimum resistance to the flow of water and shall be designed to
have a minimum effect upon the height of flood water.
(6) Any equipment or materials located in a special flood hazard area shall be
elevated, anchored, and floodproofed as necessary to prevent flotation, flood
damage, and-the release of hazardous substances.
(7) No alteration or relocation of a watercourse shall be permitted unless:
a. a technical evaluation by a licensed professional engineer
demonstrates that the altered or relocated segment will provide
conveyance equal to or greater than that of the original stream
segment and will not result in physical damage to any other property;
Updated: 12/6/2023 11:02 AM by Lynda Rudder Page 3
Resolution 2023-998 Board Meeting of December 5, 2023
b. if warranted, a conditional revision of the Flood Insurance Rate Map
is obtained from the Federal Emergency Management Agency,with
the applicant providing the necessary data, analyses, and mapping
and reimbursing the Town of Southold for all fees and other
costs in relation to the application; and
C. the applicant provides assurance that maintenance will be provided so
that the flood carrying capacity of the altered or relocated portion of
the watercourse will not be diminished.
C. Encroachments.
(3) In a Special Flood Hazard Area (SFHA), if any development is found to
increase or decrease base flood elevations,the Town of Southold shall
as soon as practicable,but not later than six months after the date such
information becomes available, notify FEMA and the New York State
Department of Environmental Conservation of the changes by submitting
technical or scientific data in accordance with standard engineering practice.
§ 148-16 Standards for all structures.
B. Construction materials and methods.
(3) For enclosed areas below the lowest floor of a structure within Zones Al-A30,
AE or AH, and also in Zone A if base flood elevation data are available,new and
substantially improved structures shall have fully enclosed areas below the lowest
floor that are usable solely for parking of vehicles, building access or storage in
an area other than a basement and which are subject to flooding designed to
automatically equalize hydrostatic flood forces on 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 or architect or meet or
exceed the following minimum criteria:
(c) openings not less than three inches in any direction.
(e)(d) Openings may be equipped with louvers, valves, screens or other
coverings or devices,provided that they permit the automatic entry and
exit of floodwaters. Enclosed areas subgrade on all sides are considered
basements and are not permitted.
C. Utilities.
(1) New and replacement electrical equipment, heating, ventilating, air conditioning,
plumbing connections and other service equipment shall be located at least two
feet above the base flood elevation, or above the base flood level or designed to
prevent water from entering or accumulating within the components during a
flood and to resist hydrostatic and hydrodynamic loads and stresses.
Electrical wiring and.outlets, switches, junction boxes and panels shall be
elevated or,designed to prevent water from entering and accumulating within
the components unless they conform to the appropriate provisions of the
electrical part of the Building Code of New York State or the Residential
Code of New York State for location of such items in wet locations. This
includes heating,ventilating and air-conditioning equipment, hot water heaters,
appliances, elevator lift machinery and electrical junction and circuit breaker
boxes. When located below the base flood elevation, a professional engineer's or
architect's certification of the design is required.
D. Storage Tanks
Updated: 12/6/2023 11:02 AM by Lynda Rudder Page 4
I -
Resolution 2023-998 Board Meeting of December 5, 2023
(1) Underground tanks shall be anchored to prevent flotation, collapse and
lateral movement during conditions of the base flood.
(2) Above-ground tanks shall be:
a. anchored to prevent floatation, collapse or lateral movement during
conditions of the base flood or;
b. installed at or above the base flood elevation as shown on the Flood
Insurance Rate Map enumerated in &148-6 plus two feet.
§ 148-17 Elevation of residential structures (except coastal high-hazard areas).
The following standards, in addition to the standards in § 148-15B, Subdivision proposals, and §
148-15C, Encroachments, and § 148-16, Standards for all structures, apply to new and
substantially improved residential structures located in areas of special flood hazard as indicated:
A. Within Zones Al-A30, AE and AH, and also in Zone A if base flood elevation data are
available,new construction and substantial improvements shall have the lowest floor
(including basement) elevated to or above the two feet above the base flood elevation.
Within Zones AH adequate drainage paths are required to guide flood waters
around and away from proposed structures on slopes.
B. Within Zone A,when no base flood elevation data are available, new and substantially
improved stpaetures shall have the lowest floor(ineluding basemeno elevated at least
*i,.oa feet above the highest adjaeent gr- a base flood elevation shall be determined
by either:
(1) Obtain and reasonably use data available from a federal, state, or other
source plus two'feet of freeboard, or,
(2) Determine the base flood elevation in accordance with accepted hydrologic
and hydraulic engineering practice,plus two feet of freeboard.
Determinations shall be undertaken by a registered design professional who
shall document that the technical methods used reflect currently accepted
engineering practice. Studies, analyses, and computations shall be submitted
in sufficient detail to allow thorough review and approval
C. Within Zone AO, new construction and substantially improved structures shall have the
lowest floor(including basement) elevated above the highest adjacent grade at least as
high as two feet above the depth number specified in feet on the community's Flood
Insurance Rate Map enumerated in §148-6 (at least two feet if no depth number is
Spee plus one foot of freeboard.In areas designated as Zone AO where a depth
number is not specified on the map, the depth number shall be taken as being equal
to 2 feet. Within AO, adequate drainage paths are required to guide flood waters
around and away from proposed structures on slopes. I -
D. Within Zones AH and 49, adequate drainage paths are required to guide floodwaters
around and away from proposed structures on slopes.
§ 148-18 Residential structures (coastal high-hazard areas).
The following standards, in addition to the standards in §148-15A, Coastal high-hazard areas,
and §148-15B, Subdivision and Development proposals, and §148-16, Standards for all
structures, apply to new and substantially improved residential structures located in areas of
special flood hazard shown as Zone V I N30, VE or V on the community's Flood Insurance Rate
Map designated in § 148-6:
N. Breakaway wall design standards.
(2) Use of breakaway wall strengths in excess of 20 pounds per square foot shall not
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Resolution 2023-998 Board Meeting of December 5, 2023
be permitted unless a registered professional engineer or architect has developed
or reviewed the structural design and specifications for the building foundation
and breakaway wall components and certifies Mthat breakaway walls will fail
under water loads less than those that would occur during the base floodi and
that the elevated portion of the building and supporting foundation system will not
be subject to collapse, displacement or other structural damage due to the effects
of wind and water loads acting simultaneously on all building components
(structural and nonstructural). Water loading values used shall be those associated
with the base flood. Wind loading values shall be those required by the building
code.
§ 148-19 Nonresidential structures (except coastal high-hazard areas).
The following standards apply to new and substantially improved commercial, industrial and
other nonresidential structures located in areas of special flood hazard, in addition to the
requirements in § 148-15B, Subdivision and Development proposals, and § 148-15C,
Encroachments, and § 148-16, Standards for all structures.
B. Within Zone AO,new construction and substantial improvements of nonresidential
structures shall:
(2) Together with attendant utility and sanitary facilities, be completely floodproofed
to that level to meet the floodproofing standard specified in § ,^roe-166 148-
19A(2).
C. If the structure is to be floodproofed, a licensed professional engineer or architect shall
develop and/or review structural design, specifications and plans for construction. A
floodproofing certificate or other certification shall be provided to the local administrator
that certifies that the design and methods of construction are in accordance with accepted
standards of practice for meeting the provisions of X148-19A(2), including the specific
elevation (in relation to mean sea level) to which the structure is to be floodproofed.
§ 148-21 Manufactured homes and recreational vehicles.
The following standards, in addition to the standards in § 148-15, General standards, and § 148-
16, Standards for all structures, apply in areas of special flood hazard to manufactured homes
and to recreational vehicles which are located in areas of special flood hazard.
A. Recreational vehicles.
(1) Recreational vehicles placed on sites within Zones Al-A30,AE, AH,V1 -V30,
V and VE shall either:
(c) Meet the requirements for manufactured homes in Subsections B,C D
and E.
B. Within Zones Al-A30,AE,AH, the bottom of the frame of the manufactured home
shall be elevated to meet the requirements of Section 148-17A.Elevation on piers
consisting of dry stacked blocks is prohibited. A manufactured home that is placed or
substantially improved in Zones Al-A30, AE, AH, V1-V30, V or VE that is on a site
either outside of an existing manufactured home park or subdivision, as herein defined; in
a new manufactured home park or subdivision, as herein defined; in an expansion to an
existing manufactured home park or subdivision, as herein defined; or in an existing
manufactured home park or subdivision, as herein defined, on which a manufactured
home has incurred substantial damage as the result of a flood shall, within Zones
Al-A30, AE and AH, be elevated on a pennanent foundation such that the lowest
floor is elevated to or above two feet above the base flood elevation and is
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Resolution 2023-998 Board Meeting of December 5, 2023
securely anchored to an adequately anchored foundation system to resist flotation,
collapse and lateral movement or, within Zones V1-V30,V and VE, be elevated
on a pile foundation such that the bottom of the lowest structural member of the
lowest floor(excluding pilings and columns) is elevated to or above two feet
above the base flood elevation and securely anchored to an adequately anchored
foundation system to resist flotation, collapse and lateral movement. Elevation on
piers consisting of dry stacked blocks is prohibited. Methods of anchoring may
include but are not limited to use of over-the-top or frame ties to ground anchors.
C. Within Zone A, the bottom of the frame of the manufactured home shall be elevated
to meet the requirements of Section 148-17B. Elevation on piers consisting of dry
stacked blocks is prohibited. A manufactured home to be placed or substantially
improved in Zone Al-A30,AE,AH,V1-V30 or VE in an existing manufactured home
park or subdivision that is not to be placed on a site on which a manufactured home has
incurred substantial damage shall be elevated in a manner such as required in Subsection
B.
D. Within Zone AO, the bottom of the frame of the manufactured home shall be
elevated to meet the requirements of Section 148-17C.Elevation on piers consisting
of dry stacked blocks is prohibited.Within Zone A or N';when no base fleed elevatie
sueh that the manufaetur-ed home ehassis is supper-ted by reinfor-eed piers OF Other-
feunda4ion elements ef at least equivalent stfength that afe tie less than 36 iflehes i
height above the lowest adjaeent gfade and are securely anchored to an adequately
E. Within V or VE,manufactured homes must meet the requirements of 148-18. 2
Zone AO, the floor shall be elevated above the highest adjaeent gr-ade at least as high as
the depth number-speeified on the Flood insur-anee Rate Map enumerated in §14 8 6
least twe feet;f no depth„ .v,b,o,-; speeified). Elevation on piers consisting of-d-„
F. The foundation and anchorage of manufactured homes to be located in identified
floodways shall be designed and constructed in accordance with ASCE 24.
§148-22 ACCESSORY STRUCTURES INCLUDING DETACHED GARAGES
The following standards apply to new and substantially improved accessory structures,
including detached garages, in the areas of special flood hazard shown on the Flood
Insurance Rate Map designated in &148-6.
A. The accessory structure must meet the definition of structure,for floodplain
management purposes, provided in 44 CFR § 59.1,where walled and roofed shall be
interpreted as having two outside rigid walls and a fully secured roof.
B. The accessory structure should be small, as defined by the community and approved
by FEMA, and represent a minimal investment.Accessory structures of any size
may be considered for a variance; however, FEMA considers accessory structures
that meet the following criteria to be small and therefore not necessarily in need of a
variance, if the community chooses to allow it:
(1) Located in an A Zone (A,AE,Al-A30,AR,A99) and less than or equal to the
size of a one-story, two-car garage.
(2) Located in a V Zone (V, VE,Vl-V30) and less than or equal to 100 square
feet.
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Resolution 2023-998 Board Meeting of December 5, 2023
C. Accessory structures must meet the standards of X148-16A,ANCHORING,
D. The portions of the accessory structure located below BFE plus two feet of
freeboard must be constructed with flood-resistant materials.
E. Mechanical and utility equipment for the accessory structure must be elevated or
dry floodproofed to or above BFE plus two feet of freeboard.
F. Within Zones AO and Zone A, if base flood elevation data are not available, areas
below three feet above the highest adjacent grade shall be constructed using
methods and practices that minimize flood damage.
G. The accessory structure must comply with the floodway encroachment provisions of
the NFIP.
H. The accessory structure must be wet floodproofed to protect the structure from
hydrostatic pressure. The design must meet the NFIP design and performance
standards for openings per 44 CFR& 60.3(c)(5) and must allow for the automatic
entry and exit of floodwaters without manual operation or the presence of a person
(or persons).
I. Within Zones Vl-V30,VE, and V, unelevated accessory buildings must be
unfinished inside, constructed with flood-resistant materials, and used only for
storage. When an accessory building is placed in these zones, the design professional
must determine the effect that debris from the accessory building will have on
nearby buildings. If the accessory building is large enough that its failure could
create damaging debris or divert flood flows, it must be elevated above the base
flood elevation plus two feet.
§ X48-22§148-23 Zoning Board of Appeals.
E. Upon consideration of the factors of Subsection H 148-23 and the purposes of this
chapter, the Zoning Board of Appeals may attach such conditions to the granting of
variances as it deems necessary to further the purposes of this chapter.
§ 148-23 148-24 Conditions for variances.
A. 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 § 148-22D
§148-23(D)has been fully considered. As the lot size increases beyond 1/2 acre, the
technical justification required for issuing the variance increases.
G. 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 over the signature of a community
official that the cost of flood insurance will be commensurate with the increased risk
resulting from the lowest floor elevation.
(1) the issuance of a variance to construct a structure below the base flood level
will result in increased premium rates for flood insurance up to amounts as
high as $25 for$100 of insurance coverage; and
(2) such construction below the base flood level increases risks to life and
property. Such notification shall be maintained with the record of all
variance actions as required in X148-14H of this chapter.
III. SEVERABILITY
If any clause, sentence,paragraph, section, or part of this Local Law shall be adjudged by any
court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law
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Resolution 2023-998 Board Meeting of December 5, 2023
as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.
IV. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as provided
by law.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Brian O. Mealy, Councilman
SECONDER:Sarah E.Nappa, Councilwoman
AYES: Nappa, Doroski, Mealy, Evans, Russell
ABSENT: Jill Doherty
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