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HomeMy WebLinkAboutLL 2009 #11SOUTHOLDTOWNBOARD PUBLIC HEARING September 8, 2009 7:34 PM Present: Supervisor Scott Russell Justice Louisa Evans Councilman Thomas Wickham Councilman Albert Krupski, Jr. Councilman William Ruland Councilman Vincent Orlando Town Attorney Martin Finnegan Town Clerk Elizabeth Neville This hearing was opened at 8:02 PM COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 25th day of August 2009, a Local Law entitled "A Local Law in relation to Amendments to Chapter 148 of the Town Code entitled 'Flood Damage Prevention" 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 8th day of September, 2009 at 7:34 p.m. at which time all interested persons will be given an opportunity to be heard. As part of the Town's participation in the National Flood Insurance Program, the Town is required to implement flood damage prevention measures and corresponding amendments updating the program. These measures are set forth in Chapter 148 of the Town Code. The most recent amendments to the program that must be incorporated into the Town Code are the subject of the proposed legislation that is being noticed for a public hearing.. The amendments to Chapter 148 "Flood Damage Prevention" of the Town Code include: Clarification of the references to special flood hazard area as set forth in the definition of"area of special flood hazard" in § 148-4. Including a reference to the North American Vertical Datum of 1988 (NAVD 88) in the definition of"mean sea level" in § 148-4. Revision to the definition of"start of constrnction" set forth in §148-4. Amend Chapter 148 Flood Damage Public Hearing 2 September 8, 2009 4. Replacing all references to the "Flood Insurance Study, Suffolk County, New York (all jurisdictions)", dated May 4, 1998 to September 25, 2009 throughout the Code. 5. Renaming the designations of Flood Insurance Rate Map panel numbers and adding panel numbers in § 148-6(A)(2). 6. Requiring the certificate of elevation to be prepared by or under the direct supervision of a licensed land surveyor or professional engineer as set forth in § 148-14(D)(2). 7. Expressly prohibiting basements in new and/or substantially improved residential structures as an enclosed area below the lowest floor ora structure in Zones Al-A30, AE or AH and in Zone A as set forth in §148- 16(B)(3)(c). 8. Clarifying the standards for replacement and new machinery and equipment servicing a building set forth in § 148-16(C)(1). 9. Clarifying residential structures as "new and substantially improved" residential structures as set forth in § 148-17(A) and § 148-18. 10. Increasing the elevation of new and/or substantially improved residential structures in Zones Al-A30, AE and AH and in Zone A to two feet above the base floor elevation (§148-17(A)(1)). 11. Increasing the elevation of new and/or substantially improved residential structures in Zone AO to having the lowest floor elevated above the highest adjacent grade at least as high as two feet above the depth number specified in feet on the Flood Insurance Rate Map (§148-17(A)(3)). 12. Increasing the elevation of new and/or substantially improved residential structures in coastal high-hazard areas requiring the lowest elevated floor to be elevated two feet above the level of the base flood elevation (§148- 18(A)). 13. Increasing the elevation of non-residential structures in Zones A-I-A-30, AE and AH and in Zone A to have the lowest floor, including basements or cellars, elevated two feet above the base floor elevation and require that the structure is watertight below two feet above the base flood elevation (§148-19(A)(1) & (2)). 14. Increasing the elevation required for non-residential structures in Zone AO to require the lowest floor elevated above the highest adjacent grade at least as high as two feet above the depth number specified in feet on the Flood Insurance Rate Map (§148-19(B)(1)). 15. Requiring non-residential structures in coastal high-hazard areas to have the bottom of the lowest number of the lowest floor elevated and eliminating flood proofing as an alternative to compliance (§148-20). 16. Requiring manufactured homes in Zones Al-A30, AE, and AH be elevated on permanent foundation so that the lowest floor is elevated to or above two feet above the base flood elevation (§148-21(B)). The complete, proposed text amendments to Chapter 148 are available at the Town Clerk's Office and on the Town's Web site at southoldtown.northfork, net Amend Chapter 148 Flood Damage Public Hearing 3 September 8, 2009 And I have the entire content of this in the file. I have a notice that it has appeared on the Town Clerk's bulletin board outside and I am not sure I have, I do have the lengthy legal in the Suffolk Times newspaper. SUPERVISOR RUSSELL: Would anyone like to come up and address the Town Board on this particular issue? COUNCILMAN ORLANDO: Would anyone like Tom to repeat that? SUPERVISOR RUSSELL: It actually, it is bone dry but it actually it is very important, unfortunately. COUNCILMAN KRUPSKI: It is. SUPERVISOR RUSSELL: Nobody would like to address this issue? This hearing was closed at 8:09 PM Southold Town Clerk DAVID A. PATERSON GOVERNOR STATE OF NEW YORK DEPARTMENT OF STATE' ONE COMMERCE PLAZA 99 WASHINGTON AVENUE ALBANY, NY 12231-0001 LORRAINE A. CORTC:S-VAZQUEZ SECRETARY OF STATE Lynda M Rudder Town Clerk Town Hall 53095 Main Road PO Box 1179 Southold NY 11971 September 23, 2009 RECEIVED SEP 2 9 2009 Southok~ Town Qe~'k RE: Town of Southold, Local Law 1t. 2009, filed on September 2t, 2009 Dear SidMadam: The above referenced material was received and filed by this office as indicated. Additional local law filing forms can be obtained from out website, www.dos.state.n¥.us. Sincerely, Linda Lasch Principal Clerk State Records and Law Bureau (518) 474-2755 WWW.DOS.ST^TE.NY. US E-MAIL: INFO,DOS.STATE.NY. US Fe~x US Airbill Express 8663 9461 6301 ,.m. ri&O,. 1067-70~-8 Comp.nyTOWN OF SOUTHOLD ~m= 530~5 ROUTE ~5 c~SOUTHOLD s~te NY zl~ 11971 Phone ~- Nd z,P IQ951 0384625653 4a Express Package Service 4b Express FfeigM Service $ Packaging ~E~dEx [] FedExPak* [] FedEx [] FedEx [] O~er · 6 8 Residential Deliver' Signature Options No Si~]nature Direct Signature Indirect Si nature 15191 #9443 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1__ week(s), successively, commencing on the 3rd day of September, 2009. Sworn to before me this LI~GAL NOTIClg NOTICE ~ ~ G~N, G~N ~t ~ ~ ~ ~ the ~ven ~ o~iW to ~ heard. · e To~ C~e ~e ~e subj~ of ~e the de~tion of "~a of special flood (NA~ ~) ~ the definition of "mean 4. Replac~g all references to ~e New York (all ju~efio~s)", dat~ May tion to be p~ep~d ~y or. under the di- veyo~ or professional en~eer as set fo~h in ~1~-14(D)(2). 7. Expressly prohibiting basemen~ in new an~o~ subst~fially improved resi- A as set foah in g148-16(B)(3)(c). 17(A) and {1~-18. I0. Inc~as~g the elevation of new b~ fl~ elevafion ({l~-17(A)(1)). ~or su~an~y ~pmv~ resi~n- (~-17(A)(3)). ~ su~nfia~y improved residen- the b~ ~ elevation ({I~-IS(A)). AO to requ~e the lowest fl~ elevated ~ ~te Map ({l~-19(B)(1)). 15. Requi~g non-resldentiat s~c- Principal Clerk CH~' ,J,i~VOLINSKi NOTARY p!j~,[~C.$~ATE OF NEW YORK No 0'1 .v,~bt O5050 Quol:~i~6 ~ Suftotk county Sworn to before me this ...~ ,y~ Principal Clerk dayof /~ ......,~) .(~' 2009. LEGAL NOTICE NOTIC~ OF PUBLIC I~EARING FLOOD DAMAGE LEGISLATION ~ IS HEREBy GIYF,~ ~qt ~ ~ Board ~ t~ the Town C~de ale the subject of the proposed legislation that is being noticed 6(A)(2). forth in §148-14(D)(2). A as set forth in §14~-16(B)(3)(c). 17(A) and §148-18. base floor elevation (§148-17(A)(1)). (§148-17(A)(3)). the base flood elevation (§148-18(A)). ance Rate Map (§I48-19(B)(1)). compliance (§148-20). THE TOWN BOARD OF THE TOWN OF ~3THOLD E'~abe~ Nevil/e ~3-1T 9/3 'Rmm Clerk CHi%: ' iI~i,~ VOLINSKI NOTARY ptJ~I~C-STATE OF NEW YORK No 01-VO6105050 Qual'.fi~d hi Suffolk Cour~ty ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork, net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 18, 2009 Federal Express Linda Lasch New York State Department of State State Records and Law Bureau 41 State Street Albany, NY 12231 RE: Local Law Number 11 of 2009 Town of Southold, Suffolk County Dear Ms. Lasch: In accordance with provisions of Section 27 of the Municipal Home Rule Law, I am enclosing herewith certified copies of Local Law Number 11 of 2009 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. Enclosures Very truly yours, /~ Southold Deputy Town Clerk cc: Town Attomey Local Law Filing NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET ALBANY~ NY 12231 (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. ~1 County [] City [] Town of SOUTHOLD [] Village Local Law No. 11 of the year 2009. A Local Law entitled, "A Local Law in relation to Amendments to Chapter 148 of thc Town Code entitled 'Flood Damage Prevention'". Be it enacted the Town Board of the: ~1 County [] City [] Town of SOUTHOLD [] Village I. Chapter 148 of the Code of the Town of Southold is hereby amended as follows: §148-1. Findings. The Town Board of the Town of Southold finds that the potential and/or actual damages from flooding and erosion may be a problem to the residents of the Town of Southold and that such damages may include Odestruction or loss of private and public housing, damage to public facilities, both publicly and privately owned, and injury to and loss of human life. In order to minimize the threat of such damages and to achieve the purposes and objectives hereinafter set forth, this chapter is adopted. §148-2. Purpose. It is the purpose of this chapter to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: A. Regulate uses which are dangerous to health, safety and property due to water or erosion hazards or which result in damaging increases in erosion or in flood heights or velocities. B. Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction. (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS-239(Rev.05/05) Control the alteration of natural floodplains, stream channels and natural protective barriers which are involved in the accommodation of floodwaters. D. Control filling, grading, dredging and other development which may increase erosion or flood damages. E. Regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands. F. Qualify for and maintain participation in the National Flood Insurance Program. §148-3. Objectives. The objectives of this chapter are to: A. Protect human life and health. B. Minimize expenditure of public money for costly flood-control projects. C. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public. D. Minimize prolonged business interruptions. E. Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard. F. Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas. G. Provide that developers are notified that property is in an area of special flood hazard. H. Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. 8-4. 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: APPEAL -- A request for a review of the local administrator's interpretation of any provision of this chapter or a request for a variance. AREA OF SHALLOW FLOODING -- A designated AO, AH or VO Zone on a community's Flood Insurance Rate Map (FIRM) with a 1% or greater annual chance of flooding to an average annual depth of one to three feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. [Amended 5-12-1998 by L.L. No. 8-1998] AREA OF SPECIAL FLOOD HAZARD -- The land in the floodplain within a community subject to a 1% or greater chance of flooding in any given year. This area may be designated as Zone A, AE, AH, AO, A1 - A30, 2 ~99, V, VO, VE or V1 - V30. It is also commonly referred to as the "base floodplain" or "one-hundred-year floodplain." For purposes of this Local Law, the term "special flood hazard area (SFHA)" is synonymous in' meaning with the phrase "area of special flood hazard". BASE FLOOD -- The flood having a 1% chance of being equaled or exceeded in any given year. BASEMENT -- That portion of a building having its floor sub-grade (below ground level) on all sides. BREAKAWAY WALL -- A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or the supporting foundation system. BUILDING -- See "structure." CELLAR -- The same meaning as "basement." COASTAL HIGH-HAZARD AREA -- An area of special flood hazard extending from offshore to the inland limit ora primary frontal dune along an open coast and any other area subject to high-velocity wave action from storms or seismic sources. The area is designated on the FIRM as Zone V1 - V30, VE, VO or V. CRAWL SPACE -- An enclosed area beneath the lowest elevated floor, eighteen inches or more in height, which is used to service the underside of the lowest elevated floor. The elevation of the floor of this enclosed area, which may be of soil, gravel, concrete or other material, must be equal to or above the lowest adjacent exterior grade. The enclosed crawl space area shall be properly vented to allow for equalization of hydrostatic forces which would be experienced during periods of flooding. [Added 5-12-1998 by L.L. No. 8-1998] DEVELOPMENT -- Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, paving, excavation or drilling operations or storage of equipment or materials. ELEVATED BUILDING -- A non-basement building built, in the case of a building in Zone A1 - A30, AE, A, A99, AO, AH, B, C, X or D, to have the top of the elevated floor or, in the case of a building in Zone V1 - 30, OVE or V, to have the bottom of the lowest horizontal structural member of the elevated floor elevated above the ground level by means of pilings, columns (posts and piers) or shear walls parallel to the flow of the water and adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood. In the case of Zone A1 - A30, AE, A, A99, AO, AH, B, C, X or D, "elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of floodwaters. In the case of Zone V1 - V30, VE or V, "elevated building" also includes a building otherwise meeting the definition of "elevated building" even though the lower area is enclosed by means ofbreakaway walls that meet the federal standards. EXISTING MANUFACTURED HOME PARK OR SUBDIVISION -- A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads) is complete before the effective date of the floodplain management regulations adopted by the community. EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION -- The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads). 3 FEDERAL EMERGENCY MANAGEMENT AGENCY -- The federal agency that administers the National Flood Insurance Program. FLOOD BOUNDARY AND FLOODWAY MAP (FBFM) -- An official map of the community published by the Federal Emergency Management Agency as part of a riverine community's Flood Insurance Study. The "FBFM" delineates a regulatory floodway along watercourses studied in detail in the Flood Insurance Study. FLOOD ELEVATION STUDY -- An examination, evaluation and determination of the flood hazards and, if appropriate, corresponding water surface elevations or an examination, evaluation and determination of flood- related erosion hazards. FLOOD or FLOODING -- A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters or the unusual and rapid accumulation or runoff of surface waters from any source. "Flood" or "flooding" also means the collapse or subsidence of land along the shore ora lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm or by an unanticipated force of nature, such as a flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in "flooding" as O defined above. FLOOD HAZARD BOUNDARY MAP (FHBM) -- An official map ora community, issued by the Federal Emergency Management Agency, where the boundaries of the areas of special flood hazard have been designated as Zone A but no flood elevations are provided. FLOOD INSURANCE RATE MAP (FIRM) -- An official map of a community, on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the community. FLOOD INSURANCE STUDY -- See "flood elevation study." FLOODPLAIN or FLOOD-PRONE AREA -- Any land area susceptible to being inundated by water from any source (see definition of "flooding"). FLOODPROOFING -- Any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. FLOODWAY -- The same meaning as "regulatory floodway." FUNCTIONALLY DEPENDENT USE -- A use which cannot perform its intended purpose unless it is located or carded out in close proximity to water, such as a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding and ship repair facilities. The term does not include long-term storage, manufacturing, sales or service facilities. HIGHEST ADJACENT GRADE -- The highest natural elevation of the ground surface, prior to construction, next to the proposed walls of a structure. HISTORIC STRUCTURE -- Any structure that is: (1) Listed individually in the National Register of Historic Places (a listing maintained by the 4 Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; (3) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or (4) Individually listed on a state inventory of historic places in states with historic preservation programs that have been certified either by an approved state program as determined by the Secretary of the Interior or directly by the Secretary of the Interior in states without approved programs. LOCAL ADMINISTRATOR -- The person appointed by the community to administer and implement this chapter by granting or denying development permits in accordance with its provisions. This person is often the Code Enforcement Officer, the Building Inspector or an employee of an engineering department. O LOWEST FLOOR -- The lowest floor of the lowest enclosed area (including basement or cellar). An unfinished or flood-resistant enclosure usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's "lowest floor," provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this chapter. MANUFACTURED HOME ~- A structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term does not include a recreational vehicle. MANUFACTURED HOME PARK OR SUBDIVISION -- A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. o MEAN SEA LEVEL -- For purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929, the North American Vertical Datum of 1988 (NAVD 88) or other datum to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced. MOBILE HOME -- The same meaning as "manufactured home." NATIONAL GEODETIC VERTICAL DATUM (NGVD)" -- As corrected in 1929, a vertical control used as a reference for establishing varying elevations within the floodplain. NEW CONSTRUCTION -- Structures for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by the community and includes any subsequent improvements to such structure. NEW MANUFACTURED HOME PARK OR SUBDIVISION -- A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by a community. 5 -ONE-HUNDRED-YEAR FLOOD -- The same meaning as "base flood." PRIMARY FRONTAL DUNE -- A continuous or nearly continuous mound or ridge of sand with relatively steep seaward and landward slopes immediately landward and adjacent to the beach and subject to erosion and overtopping fi.om high tides and waves during major coastal storms. The inland limit of the primary frontal dune occurs at the point where there is a distinct change fi.om a relatively steep slope to a relatively mild slope. PRiNCIPALLY ABOVE GROUND -- At least 51% of the actual cash value of the structure, excluding land value, is above ground. RECREATIONAL VEHICLE -- A vehicle which is: (1) Built on a single chassis; (2) Four hundred square feet or less when measured at the largest horizontal projections; (3) Designed to be self-propelled or permanently towable by a light-duty truck; and (4) Not designed primarily for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use. REGULATORY FLOODWAY -- 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 § 148-12B of this chapter. SAND DUNES -- Naturally occurring accumulations of sand in ridges or mounds landward of the beach. START OF CONSTRUCTION -- The date of permit issuance for new construction and substantial improvmnents to existing structures, provided that actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement is within 180 days after the date of issuance. The actual start of construction means the first placement of permanent construction of a building (including a omanufactured home) on a site, such as the pouring of a slab or footings, installation of pilings or construction of columns. Permanent construction does not include land preparation (such as clearing, excavation, grading, or filling), or the installation of streets or walkways, or excavation for a basmnent, footings, piers or foundations, or the erection of temporary forms, or the installation of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main building. For a substantial improvement, the actual "start of construction" means of the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. STRUCTURE -- A walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. SUBSTANTIAL DAMAGE -~ Damage of any origin sustained by a structure whereby the cost of restoring any structure to its before damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred. SUBSTANTIAL IMPROVEMENT -- Any reconstruction, rehabilitation, addition or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. The term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either: (1) Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or (2) Any alteration of an historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure. VARIANCE -- A grant of relief from the requirements of this chapter which permits construction or use in a manner that would otherwise be prohibited by this chapter. §148-5. Applicability. This chapter shall apply to all areas of special flood hazard within the jurisdiction of the Town of Southold. §148-6. Basis for establishing areas of special flood hazard. The areas of special flood hazard for the Town of Southold, Community No. 360813, are identified and defined on the following documents prepared by the Federal Emergency Management Agency: [Amended 5-12-1998 by L.L. No. 8- 1998] (1) A scientific and engineering report entitled "Flood Insurance Study, Suffolk County, New York (all jurisdictions)," September 25, 2009. (2) Flood Insurance Rate Map Panel Numbers for Suffolk County, New York (all jurisdictions): 36103C0017H, 36103C0018H, 36103C0019H, 36103C0036H, 36103C0037H, 36103C0038H, 36103C0039H, 36103C0041H, 36103C0067H, 36103C0068H, 36103C0086H, 36103C0087H, 36103C0105H, 36103C0106H, 36103C0142H, 36103C0143H, 36103C0159H, 36103C0161H, 36103C0167H, 36103C0168H, 36103C0181H, 36103C0182H, 36103C0205H, 36103C0477H, 36103C0484H, 36103C0491H, 36103C0043H, 36103C0063H, 36103C0064H, 36103C0069H, 36103C0079H, 36103C0083H, 36103C0088H, 36103C0089H, 36103C0091H 36103C0107H, 36103C0115H, 36103C0139H 36103C0144H, 36103C0154H, 36103C0157H 36103C0162H, 36103C0163H, 36103C0164H 36103C0169H, 36103C0176H, 36103C0177H 36103C0184H, 36103C0186H, 36103C0188H 36103C0479H, 36103C0481H, 36103C0482H 36103C0492H, 36103C0501H, 36103C0502H, 36103C0066H, 36103C0084H, 36103C0095H, 36103C0141H, 36103C0158H, 36103C0166H, 36103C0178H, 36103C0192H, 36103C0483H, 36103C0503H, 36103C0504H, 36103C0506H, 36103C0507H, 36103C0508H, 36103C0511H whose effective date is September 25, 2009 and any subsequent revisions to these map panels that do not affect areas under the Town's jurisdiction. The above documents are hereby adopted and declared to be a part of this chapter. The Flood Insurance Study and/or maps are on file at the office of the Building Depamnent located at The Southold Town Annex, 54375 Route 25, Southold, New York. §148-7. Interpretation; conflict with other laws. This chapter includes all revisions to the National Flood Insurance Program through October 27, 1997, and shall supersede all previous laws adopted for the purpose of flood damage prevention. In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements, adopted for the promotion of the public health, safety and welfare. Whenever the 7 requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the most restrictive or that imposing the highest standards shall govern. §148-8. Severability. The invalidity of any section or provision of this chapter shall not invalidate any other section or provision thereof. §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 on approved variance under §§ 148-22 and 148-23 will be declared noncompliant and notification sent to the Federal Emergency Management Agency. § 148-10. Warning and disclaimer of liability. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This chapter does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the Town of Southold, any officer or employee thereof or the Federal Emergency Management Agency for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder. §148-11. Designation of local administrator. The Building Inspector is hereby appointed local administrator to administer and implement this chapter by granting or denying floodplain development permits in accordance with its provisions. §148-12. Floodplain development permit; fees; deposit. Purpose. A floodplain development permit is hereby established for all construction and other development to be undertaken in areas of special flood hazard in this community for the purpose of protecting its citizens from increased flood hazards and ensuring that new development is constructed in a manner that minimizes its exposure to flooding. It shall be unlawful to undertake any development in an area of special flood hazard, as shown on the Flood Insurance Rate Map enumerated in §148-6, without a valid floodplain development permit. Application for a permit shall be made on forms furnished by the local administrator and may include but not be limited to plans, in duplicate, drawn to scale and showing the nature, location, dimensions and elevations of the area in question; existing or proposed structures; fill; storage of materials; drainage facilities; and the location of the foregoing. Fees. All applications for a floodplain development permit shall be accompanied by an application fee of $100. In addition, the applicant shall be responsible for reimbursing the Town of Southold for any 8 additional costs necessary for review, inspection and approval of this project. The local administrator may require a deposit of no more than $500 to cover these additional costs. §148-13. Application for permit. The applicant shall provide at least the following information, where applicable. Additional information may be required on the permit application form. The proposed elevation, in relation to mean sea level, of the lowest floor (including basement or cellar) of any new or substantially improved structure to be located in Zone A1 - A30, AE or AH or in Zone A if base flood elevation data are available. Upon completion of the lowest floor, the permittee shall submit to the local administrator the as-built elevation, certified by a licensed professional engineer or surveyor. The proposed elevation, in relation to mean sea level, of the bottom of the lowest structural member of the lowest floor (excluding pilings and columns) of any new or substantially improved structure to be located in Zone V1 - V30 or VE or in Zone V if base flood elevation data are available. Upon completion of the lowest floor, the permittee shall submit to the local administrator the as-built elevation, certified by a licensed professional engineer or surveyor. The proposed elevation, in relation to mean sea level, to which any new or substantially improved nonresidential structure will be floodproofed. Upon completion of the floodproofed portion of the structure, the permittee shall submit to the local administrator the as-built floodproofed elevation, certified by a professional engineer or surveyor. A certificate from a licensed professional engineer or architect that any utility floodproofing will meet the criteria in § 148-16C, Utilities. A certificate from a licensed professional engineer or architect that any nonresidential floodproofed structure will meet the floodproofing criteria in § 148-19, Nonresidential structures (except coastal high- hazard areas). A description of the extent to which any watercourse will be altered or relocated as a result of proposed development. Computations by a licensed professional engineer must be submitted that demonstrate that the altered or relocated segment will provide equal or greater conveyance than the original stream segment. The applicant must submit any maps, computations or other material required by the Federal Emergency Management Agency (FEMA) to revise the documents enumerated in § 148-6, when notified by the local administrator, and must pay any fees or other costs assessed by FEMA for this purpose. The applicant must also provide assurances that the conveyance capacity of the altered or relocated stream segment will be maintained. A technical analysis, by a licensed professional engineer, if required by the local administrator, which shows whether proposed development to be located in an area of special flood hazard may result in physical damage to any other property. In Zone A, when no base flood elevation data are available from other sources, base flood elevation data for subdivision proposals and other proposed developments (including proposals for manufactured home and recreational vehicle parks and subdivisions) that are greater than either 50 lots or five acres. In Zones V1 - V30 and VE and also in Zone V if base flood elevation data are available, designs and specifications, certified by a licensed professional engineer or architect, for any breakaway walls in a 9 proposed structure with design strengths in excess of 20 pounds per square foot. In Zones V1 - V30 and VE and also in Zone V if base flood elevation data are available, for all new and substantial improvements to structures, design plans and specifications prepared in sufficient detail to enable independent review of the foundation support and connection components. Said plans and specifications shall be developed or reviewed by a licensed professional engineer or architect and shall be accompanied by a statement, bearing the signature of the architect or engineer, certifying that the design and methods of construction to be used are in accordance with accepted standards of practice and with all applicable provisions of this chapter. 9148-14. Duties and responsibilities of local administrator. Duties of the local administrator shall include but not be limited to the following: Permit application review. The local administrator shall conduct the following permit application review before issuing a floodplain development permit. The local administrator shall: (1) Review all applications for completeness, particularly with the requirements of § 148-13, Application for permit, and for compliance with the provisions and standards of this chapter. (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, construction standards, and, in particular, 9148-15B, 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 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, 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. (4) Determine that all necessary permits have been received from those governmental agencies from which approval is required by state or federal law. 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 §148-13G, as criteria for requiring that new construction, substantial improvements or other proposed development meet the requirements of this chapter. (2) When base flood elevation data are not available, the local administrator may use flood information from any other authoritative source, such as historical data, to establish flood elevations within the areas of special flood hazard for the purposes of this chapter. 10 C. Alteration of watercourses. The local administrator shall: (1) Notify adjacent communities and the New York State Department of Environmental Conservation prior to permitting any alteration or relocation of a watercourse and submit evidence of such notification to the Regional Director, Region II, Federal Emergency Management Agency. (2) Determine that the permit holder has provided for maintenance within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished. Construction stage. (1) In Zones A1 - A30, AE and AH and also in Zone A if base flood elevation data are available, upon placement of the lowest floor or completion of floodproofing of a new or substantially improved structure, the local administrator shall obtain from the permit holder a certification of the as-built elevation of the lowest floor or floodproofed elevation in relation to mean sea level. The certificate shall be prepared by or under the direct supervision of a licensed land surveyor or professional engineer and certified by the same. For manufactured homes, the permit holder shall submit the certificate of elevation upon placement of the structure on the site. A certificate of elevation must also be submitted for a recreational vehicle if it remains on a site for 180 consecutive days or longer (unless it is fully licensed and ready for highway use). (2) In Zones V1 - V30 and VE and also in Zone V if base flood elevation data are available, upon placement of the lowest floor of a new or substantially improved structure, the permit holder shall submit to the local administrator a certificate of elevation, in relation to mean sea level, of the bottom of the lowest structural member of the lowest floor (excluding pilings and columns). The certificate shall be prepared by or under the direct supervision of a licensed land surveyor or professional engineer and certified by same. For manufactured homes, the permit holder shall submit the certificate of elevation upon placement of the structure on the site. An elevation certificate must also be submitted for a recreational vehicle if it remains on a site 180 consecutive days or longer (unless it is fully licensed and ready for highway use). (3) Any further work undertaken prior to submission and approval of the certification shall be at the permit holder's risk. The local administrator shall review all data submitted. Deficiencies detected shall be cause to issue a stop-work order for the project unless immediately corrected. Inspections. The local administrator and/or the developer's engineer or architect shall make periodic inspections at appropriate times throughout the period of construction in order to monitor compliance with permit conditions and to enable said inspector to certify, if requested, that the development is in compliance with the requirements of the floodplain development permit and/or any variance provisions. Stop-work orders. (1) The local administrator shall issue or cause to be issued a stop-work order for any floodplain development found ongoing without a development permit. Disregard of a stop-work order shall subject the violator to the penalties described in § 148-9 of this chapter. (2) The local administrator shall issue or cause to be issued a stop-work order for any floodplain development found noncompliant with the provisions of this chapter and/or the conditions of the development permit. Disregard of a stop-work order shall subject the violator of the penalties described in § 148-9 of this chapter. G. Certificate of compliance. (1) In areas of special flood hazard, as determined by documents enumerated in §148-6, it shall be unlawful to occupy or to permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted or wholly or partly altered or enlarged in its use or structure until a certificate of compliance has been issued by the local administrator stating that the building or land conforms to the requirements of this chapter. (2) A certificate of compliance shall be issued by the local administrator upon satisfactory completion of all development in areas of special flood hazard. (3) Issuance of the certificate shall be based upon the inspections conducted as prescribed in § 148- 14E, Inspections, and/or any certified elevations, hydraulic data, floodproofing, anchoring requirements or encroachment analyses which may have been required as a condition of the approved permit. Information to be retained. The local administrator shall retain and make available for inspection copies of the following: (1) Floodplain development permits and certificates of compliance. (2) Certifications of as-built lowest floor elevations of structures required pursuant to §148-14D(1) and (2) and whether or not the structures contain a basement. (3) Floodproofing certificates required pursuant to § 148-14D(1) and whether or not the structures contain a basement. (4) Certifications required pursuant to § 148-18N, Breakaway wall design standards, and Subsection J of§ 148-13, Application for permit. (5) Variances issued pursuant to §§ 148-22 and 148-23. (6) Notices required under § 148-14C, Alteration of watercourses. §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. A. Coastal high-hazard areas. The following requirements apply within Zones V1 - V30, VE and V: (1) All new construction, including manufactured homes and recreational vehicles on site 180 days or longer and not fully licensed for highway use, shall be located landward of the reach of high fide. (2) The use of fill for structural support of buildings, manufactured homes or recreational vehicles on site 180 days or longer is prohibited. (3) Man-made alteration of sand dunes which would increase potential flood damage is prohibited. 12 Subdivision 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): (1) Proposals shall be consistent with the need to minimize flood damage; (2) Public utilities and facilities such as sewer, gas, electrical and water systems shall be located and constructed so as to minimize flood damage; and (3) Adequate drainage shall be provided to reduce exposure to flood damage. C. Encroachments. (1) Within Zones A1 - A30 and AE, on streams without a regulatory floodway, no new construction, substantial improvements or other development (including fill) shall be permitted unless: (a) The applicant demonstrates that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any location; or (b) The Town of Southold agrees to apply to the Federal Emergency Management Agency (FEMA) for a conditional FIRM revision, FEMA approval is received and the applicant provides all necessary data, analyses and mapping and reimburses the Town of Southold for all fees and other costs in relation to the application. The applicant must also provide all data, analyses and mapping and reimburse the Town of Southold for all costs related to the final map revision. (2) On streams with a regulatory floodway, as shown on the Flood Boundary and Floodway Map or the Flood Insurance Rate Map adopted in § 148-6, no new construction, substantial improvements or other developments in the floodway (including fill) shall be permitted unless: (a) A technical evaluation by a licensed professional engineer shows that such an encroachment shall not result in any increase in flood levels during occurrence of the base flood; or (b) The Town of Southold agrees to apply to the Federal Emergency Managemmat Agency (FEMA) for a conditional FIRM and floodway revision, FEMA approval is received and the applicant provides all necessary data, analyses and mapping and reimburses the Town of Southold for all fees and other costs in relation to the application. The applicant must also provide all data, analyses and mapping and reimburse the Town of Southold for all costs related to the final map revisions. §148-16. Standards for all structures. Anchoring. New structures and substantial improvement to structures in areas of special flood hazard shall be anchored to prevent flotation, collapse or lateral movement during the base flood. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces. B. Construction materials and methods. (1) New construction and substantial improvements to structures shall be constructed with materials 13 and utility equipment resistant to flood damage. (2) New construction and substantial improvements to structures shall be constructed using methods and practices that minimize flood damage. (3) For enclosed areas below the lowest floor of a structure within Zones A1 - 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: (a) A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. (b) The bottom of all such openings shall be no higher than one foot above the lowest adjacent finished grade. (c) 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 sub-grade on all sides are considered basements and are not permitted. (4) Within Zones V1 - V30 and VE and also within Zone V if base flood elevation are available, new construction and substantial improvements shall have the space below the lowest floor either free from obstruction or constructed with non-supporting breakaway walls, open wood lattice-work or insect screening intended to collapse under wind and water loads without causing collapse, displacement or other structural damage to the elevated portion of the building or supporting foundation system. The enclosed space below the lowest floor shall be used only for parking vehicles, building access or storage. Use of this space for human habitation is expressly prohibited. The construction of stairs, stairwells and elevator shafts are subject to the design requirements for breakaway walls. Utilities. (1) New and replacement electrical equipment, heating, ventilating, air conditioning, plumbing connections and other service equipment shall be located at or above the base flood level or designed to prevent water from entering or accumulating within the components during a flood. 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. (2) New and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system. (3) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters. Sanitary sewer and storm drainage systems for buildings that have openings below the base flood elevation shall be provided with automatic backflow valves or other automatic backflow devices that are installed in each discharge line passing through a building's exterior wall. 14 (4) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. §148-17. Residential structures (except coastal high-hazard areas). Elevation. 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: (1) Within Zones A1 - 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. (2) Within Zone A, when no base flood elevation data are available, new and substantially improved structures shall have the lowest floor (including basement) elevated at least three feet above the highest adjacent grade. (3) Within Zone AO, new 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 specified). (4) 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 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 V1 - V30, VE or V on the community's Flood Insurance Rate Map designated in § 148-6: Elevation. New construction and substantial improvements shall be elevated on pilings, columns or shear walls such that the bottom of the lowest horizontal structural member supporting the lowest elevated floor (excluding columns, piles, diagonal bracing attached to the piles or columns, grade beams, pile caps and other members designed to either withstand storm action or break away without imparting damaging loads to the structure) is elevated to or above two feet above the base flood elevation so as not to impede the flow of water. Determination of loading forces. Structural design shall consider the effects of wind and water loads acting simultaneously during the base flood on all building components. (1) The structural design shall be adequate to resist water forces that would occur during the base flood. Horizontal water loads considered shall include inertial and drag forces of waves, current drag forces and impact forces from waterborne storm debris. Dynamic uplift loads shall also be considered if bulkheads, walls or other natural or man-made flow obstructions could cause wave mn-up beyond the elevation of the base flood. [Amended 5-12-1998 by L.L. No. 8-1998] (2) Buildings shall be designed and constructed to resist the forces due to wind pressure. Wind forces on the superstructure include windward and leeward forces on vertical walls, uplift on the 15 roof, internal forces when openings allow wind to enter the house and upward force on the underside of the house when it is exposed. In the design, the wind should be assumed to blow potentially from any lateral direction relative to the house. (3) Wind-loading values used shall be those required by the building code. Foundation standards. (1) The pilings or column foundation and structure attached thereto shall be adequately anchored to resist flotation, collapse or lateral movement due to the effects of wind and water pressures acting simultaneously on all building components. Foundations must be designed to transfer safely to the underlying soil all loads due to wind, water, dead load, live load and other loads (including uplift due to wind and water). (2) Spread footings and fill material shall not be used for structural support of a new building or substantial improvement of an existing structure. Pile foundation design. (1) The design ratio of pile spacing to pile diameter shall not be less than 8:1 for individual piles (this shall not apply to pile clusters located below the design grade). The maximum center-to- center spacing of wood piles shall not be more than 12 feet on center under load-bearing sills, beams or girders. (2) Pilings shall have adequate soil penetration (bearing capacity) to resist the combined wave and wind loads (lateral and uplift) associated with the base flood action simultaneously with typical structure (live and dead) loads and shall include consideration of decreased resistance capacity caused by erosion of soil strata surrounding the piles. The minimum penetration for foundation piles is to an elevation of five feet below mean sea level (msl) datum if the BFE is +10 msl or less or at least 10 feet below msl if the BFE is greater than +10 msl. (3) Pile foundation analysis shall also include consideration of piles in column action from the bottom of the structure to the stable soil elevation of the site. Pilings may be horizontally or diagonally braced to withstand wind and water forces. (4) The minimum acceptable sizes for timber piles are a tip diameter of eight inches for round timber piles and eight by eight (8 x 8) inches for square timber piles. All wood piles must be treated in accordance with requirements of EPEE-C3 to minimize decay and damage from fungus. (5) Reinforced concrete piles shall be cast of concrete having a twenty-eight-day ultimate compressive strength of not less than 5,000 pounds per square inch and shall be reinforced with a minimum of four longitudinal steel bars having a combined area of not less than 1% nor more than 4% of the gross concrete area. Reinforcing for precast piles shall have a concrete cover of not less than 1 1/4 inches for No. 5 bars and smaller and not less than 1 1/2 inches for No. 6 through No. 11 bars. Reinforcement for piles cast in the field shall have a concrete cover of not less than 2 inches. (6) Piles shall be driven by means of a pile driver or drop hammer or jetted or augured into place. (7) Additional support for piles in the form of bracing may include lateral or diagonal bracing between piles. 16 (8) When necessary, piles shall be braced at the ground line in both directions by a wood timber grade beam or a reinforced concrete grade beam. These at-grade supports should be securely attached to the piles to provide support even if scoured from beneath. (9) Diagonal bracing between piles, consisting of two-inch by eight-inch (minimum) members bolted to the piles, shall be limited in location to below the lowest supporting structural member and above the stable soil elevation and aligned in the vertical plane along pile rows perpendicular to the shoreline. Galvanized steel rods (minimum diameter one-half inch) or cable-type bracing is permitted in any plane. (10) Knee braces, which stiffen both the upper portion of a pile and the beam-to-pile connection, may be used along pile rows perpendicular and parallel to the shoreline. Knee braces shall be two-by- eight lumber bolted to the sides of the pile/beam or four-by-four or larger braces framed into the pile/beam. Bolting shall consist of two 5/8 inch galvanized steel bolts (each end) for two-by- eight members or one 5/8 inch lag bolt (each end) for square members. Knee braces shall not extend more than three feet below the elevation of the base flood. Column foundation design. Masonry piers or poured-in-place concrete piers shall be internally reinforced to resist vertical and lateral loads and be connected with a movement~resisting connection to a pile cap or pile shaft. Connectors and fasteners. Galvanized metal connectors, wood connectors or bolts of size and number adequate for the calculated loads must be used to connect adjoining components ora structure. Toe nailing as a principal method of connection is not permitted. All metal connectors and fasteners used in exposed locations shall be steel, hot-dipped galvanized after fabrication. Connectors in protected interior locations shall be fabricated from galvanized sheet. Beam to pile connections. The primary floor beams or girders shall span the supports in the direction parallel to the flow of potential floodwater and wave action and shall be fastened to the columns or pilings by bolting, with or without cover plates. Concrete members shall be connected by reinforcement, if cast in place, or (if precast) shall be securely connected by bolting and welding. If sills, beams or girders are attached to wood piling at a notch, a minimum of two 5/8 inch galvanized steel bolts or two hot-dipped galvanized straps 3/16 inch by four inches by 18 inches, each bolted with two 1/2 inch lag bolts per beam member, shall be used. Notching of pile tops shall be the minimum sufficient to provide ledge support for beam members without unduly weakening pile connections. Piling shall not be notched so that the cross section is reduced below 50%. Floor and deck connections. (1) Wood two-by-four-inch (minimum) connectors or metal joist anchors shall be used to tie floor joists to floor beams/girders. These should be installed on altemate floor joists, at a minimum. Cross bridging of all floor joists shall be provided. Such cross bridging may be one-by-three-inch members, placed eight feet on center, maximum, 6r solid bridging of the same depth as the joists at the same spacing. (2) Plywood should be used for subflooring and attic flooring to provide good torsional resistance in the horizontal plane of the structure. The plywood should not be less than 3/4 inch total thickness and should be exterior grade and fastened to beams or joists with 8d annular or spiral thread galvanized nails. Such fastening shall be supplemented by the application of waterproof industrial adhesive applied to all beating surfaces. 17 Exterior wall connections. All bottom plates shall have any required breaks under a wall stud or an anchor bolt. Approved anchors will be used to secure rafters or joists and top and bottom plates to studs in exterior and bearing walls to form a continuous tie. Continuous fifteen-thirty-seconds-inch or thicker plywood sheathing, overlapping the top wall plate and continuing down to the sill, beam or girder, may be used to provide the continuous tie. If the sheets of plywood are not vertically continuous, then two- by-four nailer blocking shall be provided at all horizontal joints. In lieu of the plywood, galvanized steel rods of 1/2 inch diameter or galvanized steel straps not less than one inch wide by 1/16 inch thick may be used'to connect from the top wall plate to the sill, beam, or girder. Washers with a minimum diameter of three inches shall be used at each end of the 1/2 inch round rods. These anchors shall be installed no more than two feet from each comer rod, no more than four feet on center. Ceiling joist/rafter connections. (1) All ceiling joists or rafters shall be installed in such a manner that the joists provide a continuous tie across the rafters. Ceiling joists and rafters shall be securely fastened at their intersections. A metal or wood connector shall be used at alternate ceiling joist/rafter connections to the wall top plate. (2) Gable roofs shall be additionally stabilized by installing two-by-four blocking on two-foot centers between the rafters at each gable end. Blocking shall be installed a minimum of eight feet toward the house interior from each gable end. Projecting members. All cantilevers and other projecting members must be adequately supported and braced to withstand wind and water uplift forces. Roof eave overhangs shall be limited to a maximum of two feet and joist overhangs to a maximum of one foot. Larger overhangs and porches will be permitted if designed or reviewed by a registered professional engineer or architect and certified in accordance with § 148-13J of this chapter. Roof sheathing. (1) Plywood or other wood material, when used as roof sheathing, shall not be less than 15/32 inch in thickness and shall be of exterior sheathing grade or equivalent. All attaching devices for sheathing and roof coverings shall be galvanized or be of other suitable corrosion-resistant material. (2) All comers, gable ends and roof overhangs exceeding six inches shall be reinforced by the application of waterproof industrial adhesive applied to all bearing surfaces of any plywood sheet used in the sheathing of such comer, gable end or roof overhang. (3) In addition, roofs should be sloped as steeply as practicable to reduce uplift pressures, and special care should be used in securing ridges, hips, valleys, eaves, vents, chimneys and other points of discontinuity in the roofing surface. Protection of openings. All exterior glass panels, windows and doors shall be designed, detailed and constructed to withstand loads due to the design wind speed of 75 miles per hour. Connections for these elements must be designed to transfer safely the design loads to the supporting structure. Panel widths of multiple panel sliding glass doors shall not exceed three feet. Breakaway wall design standards. 18 (1) The breakaway wall shall have a design safe-loading resistance of not less than 10 and not more than 20 pounds p~r square foot, with the criterion that the safety of the overall structure at the point of wall failure shall be confirmed using established procedures. Grade beams shall be installed in both directions for all piles considered to carry the breakaway wall load. Knee braces are required for front row piles that support breakaway walls. (2) Use of breakaway wall strengths in excess of 20 pounds per square foot shall not be p~rmitted 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 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 nonstmctural). 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). OThe 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 proposals, and § 148-15C, Encroachments, and § 148-16, Standards for all structures. Within Zones A1 - A30, AE and AH and also in Zone A if base flood elevation data are available, new construction and substantial improvements of any nonresidential structure, together with attendant utility and sanitary facilities, shall either: (1) Have the lowest floor, including basement or cellar, elevated to or above two feet above the base flood elevation; or (2) Be floodproofed so that the structure is watertight below two feet above the base flood elevation with walls substantially impermeable to the passage of water. All structural components located below the base flood elevation must be capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. B. Within Zone AO, new construction and substantial improvements of nonresidential structures shall: (1) 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 FIRM (at least two feet if no depth number is specified); or (2) Together with attendant utility and sanitary facilities, be completely floodproofed to that level to meet the floodproofing standard specified in § 148-16C. 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- 19 Subsection A(2), including the specific elevation (in relation to mean sea level) to which the structure is to be floodproofed. Within Zones AH and AO, adequate drainage paths are required to guide floodwaters around and away 19 from proposed structures on slopes. Within Zone A, when no base flood elevation data are available, the lowest floor (including basement) shall be elevated at least three feet above the highest adjacent grade. §148-20. Nonresidential structures (coastal high-hazard areas). In Zones V1 - V30 and VE and also in Zone V if base flood elevations are available, new construction and substantial improvements of any nonresidential structure, together with attendant utility and sanitary facilities, shall have the bottom of the lowest member of the lowest floor elevated to or above two feet above the base flood elevation. Floodproofing of structures is not an allowable alternative to elevating the lowest floor to two feet above the base flood elevation in Zones V1 - V30, VE and V. §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 A1 - A30, AE, AH, V1 - V30, V and VE shall either: (a) Be on site fewer than 180 consecutive days; (b) Be fully licensed and ready for highway use; or (c) Meet the requirements for manufactured homes in Subsections B, D and E. (2) A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick-disconnect-type utilities and security devices and has no permanently attached additions. A manufactured home that is placed or substantially improved in Zones A1 - 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 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 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. A manufactured home to be placed or substantially improved in Zone A1 - 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 20 manufactured home has incurred substantial damage shall be: (1) Elevated in a manner such as required in Subsection B.; or (2) Elevated such that the manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and are securely anchored to an adequately anchored foundation system to resist flotation, collapse or lateral movement. Elevation on piers consisting of dry stacked blocks is prohibited. Within Zone A or V, when no base flood elevation data are available, new and substantially improved manufactured homes shall be elevated such that the manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above the lowest adjacent grade and are securely anchored to an adequately anchored foundation system to resist flotation, collapse or lateral movement. Elevation on piers consisting of dry stacked blocks is prohibited. Within Zone AO, the floor shall be elevated above the highest adjacent grade at least as high as the depth number specified on the Flood Insurance Rate Map enumerated in §148-6 (at least two feet if no depth number is specified). Elevation on piers consisting of dry stacked blocks is prohibited. §148-22. Appeals board. The Zoning Board of Appeals, as established by the Town of Southold, shall hear and decide appeals and requests for variances from the requirements of this chapter. The Zoning Board of Appeals shall hear and decide appeals when it is alleged that there is an error in any requirement, decision or determination made by the local administrator in the enforcement or administration of this chapter. Those aggrieved by the decision of the Zoning Board of Appeals may appeal such decision to the Supreme Court pursuant to Article 78 of the Civil Practice Law and Rules. In passing upon such applications, the Zoning Board of Appeals shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter and: (1) The danger that materials may be swept onto other lands to the injury of others. (2) The danger to life and property due to flooding or erosion damage. (3) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner. (4) The importance of the services provided by the proposed facility to the community. (5) The necessity to the facility of a waterfront location, where applicable. (6) The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage. (7) The compatibility of the proposed use with existing and anticipated development. 21 (8) The relationship of the proposed use to the Comprehensive Plan and floodplain management program of that area. (9) The safety of access to the property in times of flood for ordinary and emergency vehicles. (10) The costs to local governments and the dangers associated with conducting search and rescue operations during periods of flooding. (11) The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site. (12) The costs of providing governmental services during and after flood conditions, including search and rescue operations and maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems and streets and bridges. Upon consideration of the factors of Subsection D 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. The local administrator shall maintain the records of all appeal actions, including technical information, and report any variances to the Federal Emergency Management Agency upon request. §148-23. Conditions for variances. 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 has been fully considered. As the lot size increases beyond 1/2 acre, the technical justification required for issuing the variance increases. B. Variances may be issued for the repair or rehabilitation of historic structures upon determination that: (1) The proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure. (2) The variance is the minimum necessary to preserve the historic character and design of the structure. Variances may be issued by a community for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use, provided that: (1) The criteria of Subsections A, D, E and F of this section are met. (2) The structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threat to public safety. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. 22 Variances shall only be issued upon receiving written justification of: (1) A showing of good and sufficient cause; (2) A determination that failure to grant the variance would result in exceptional hardship to the applicant; and (3) A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety or extraordinary public expense or create nuisances or cause fraud on or victimization of the public or conflict with existing local laws or ordinances. 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. II. SEVERABILITY oIf 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. III. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. 23 (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. 11 of 20 09 . of the (Cz'.:nty)(City)(Town) (Villag:) of SOUTHOLD was duly passed by the TOWN BOARD on September 8 ,20 09 , 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*.) ~Io hereby certify that the local law annexed hereto, designated as local law No. of 20 f 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. * 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. 24 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 Ogeneral election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript there from and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph 1 , above. Clerk oft~e County legislative body. ~iI~. Town (Seal) Village Clerk or officer designated by local legislative body Elizabeth A. Neville, Town Clerk Date: September 11~ 2009 (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK COUNTY OF. SUFFOLK I, the undersigned, hereby certify that the foregoing local law contai~ext and that all proper proceedings have been had or taken for the enactment of the local law annex~ .~/~ Signature~x,.__..~// Martin D. Finnegan, Town Attorney Jennifer Andaloro~ Esq ~ Assistant Town Attorney Title Town of SOUTHOLD Date: September 11~ 2009 25 '~wn Board - Letter RESOLUTION 2009-762 ADOPTED Board Meeting of September 8, 2009 Item # 5.35 DOC ID: 5279 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2009-762 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON SEPTEMBER 8, 2009: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 25th day of August, 2009, a Local Law entitled "A Local Law in relation to Amendments to Chapter 148 of the Town Code entitled 'Flood Damage Prevention'" and WHEREAS that the Town Board of the Town of Southold held a public heating 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 of the Town Code entitled 'Flood Damage Prevention'" reads as follows: LOCAL LAW NO. 11 of 2009 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 148 of the Town Code entitled 'Flood Damage Prevention'". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter 148 of the Code of the Town of Southold is hereby amended as follows: {}148-1. Findings. The Town Board of the Town of Southold finds that the potential and/or actual damages from flooding and erosion may be a problem to the residents of the Town of Southold and that such damages may include destruction or loss of private and public housing, damage to public facilities, both publicly and privately owned, and injury to and loss of human life. In order to Generated September 10, 2009 Page 37 ~wn Board - Letter Board Meeting of September 8, 2009 threat of uch damages and to achieve the purposes and objectives hereinafter set forth, this chapter is adopted. §148-2. Purpose. It is the purpose of this chapter to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: B. C. D. E. F. Regulate uses which are dangerous to health, safety and property due to water or erosion hazards or which result in damaging increases in erosion or in flood heights or velocities. Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction. Control the alteration of natural floodplains, stream channels and natural protective barriers which are involved in the accommodation of floodwaters. Control filling, grading, dredging and other development which may increase erosion or flood damages. Regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands. Qualify for and maintain participation in the National Flood Insurance Program. §148-3. Objectives. The objectives of this chapter are to: B. C. D. E. F. G. H. Protect human life and health. Minimize expenditure of public money for costly flood-control projects. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public. Minimize prolonged business interruptions. Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard. Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas. Provide that developers are notified that property is in an area of special flood hazard. Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. 148-4. Definitions. 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. As used in this chapter, the following terms shall have the meanings indicated: Generated September 10, 2009 Page 38 Board - Letter Board Meeting of September 8, 2009 APPEAL -- A request for a review of the local administrator's interpretation of any provision of this chapter or a request for a variance. AREA OF SHALLOW FLOOD1NG -- A designated AO, AH or VO Zone on a community's Flood Insurance Rate Map (FIRM) with a 1% or greater annual chance of flooding to an average annual depth of one to three feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. [Amended 5-12-1998 by L.L. No. 8-1998] AREA OF SPECIAL FLOOD HAZARD -- The land in the floodplain within a community subject to a 1% or greater chance of flooding in any given year. This area may be designated as Zone A, AE, AH, AO, Al - A30, A99, V, VO, VE or V1 - V30. It is also commonly referred to as the "base floodplain" or "one-hundred-year floodplain." For purposes of this Local Law, the term "special flood hazard area (SFHA)" is synonymous in meaning with the phrase "area of special flood hazard". BASE FLOOD -- The flood having a 1% chance of being equaled or exceeded in any given year. BASEMENT -- That portion of a building having its floor sub-grade (below ground level) on all sides. BREAKAWAY WALL -- A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading fomes without causing damage to the elevated portion of the building or the supporting foundation system. BUILDiNG -- See "structure." CELLAR -- The same meaning as "basement." COASTAL HIGH-HAZARD AREA -- An area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high-velocity wave action from storms or seismic sources. The area is designated on the FIRM as Zone V1 - V30, VE, VO or V. CRAWL SPACE -- An enclosed area beneath the lowest elevated floor, eighteen inches or more in height, which is used to service the underside of the lowest elevated floor. The elevation of the floor of this enclosed area, which may be of soil, gravel, concrete or other material, must be equal to or above the lowest adjacent exterior grade. The enclosed crawl space area shall be properly vented to allow for equalization of hydrostatic forces which would be experienced during periods of flooding. [Added 5-12-1998 by L.L. No. 8-1998] DEVELOPMENT -- Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, paving, excavation or Generated September 10, 2009 Page 39 wn Board - Letter drilling operations or storage of equipment or materials. Board Meeting of September 8, 2009 ELEVATED BUILDING -- A non-basement building built, in the case of a building in Zone A 1 - A30, AE, A, A99, AO, AH, B, C, X or D, to have the top of the elevated floor or, in the case of a building in Zone VI - 30, VE or V, to have the bottom of the lowest horizontal structural member of the elevated floor elevated above the ground level by means of pilings, columns (posts and piers) or shear walls parallel to the flow of the water and adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood. In the case of Zone Al - A30, AE, A, A99, AO, AH, B, C, X or D, "elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of floodwaters. In the case of Zone V1 - V30, VE or V, "elevated building" also includes a building otherwise meeting the definition of"elevated building" even though the lower area is enclosed by means of breakaway walls that meet the federal standards. EXISTING MANUFACTURED HOME PARK OR SUBDIVISION -- A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads) is complete before the effective date of the floodplain management regulations adopted by the community. EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION -- The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads). FEDERAL EMERGENCY MANAGEMENT AGENCY -- The federal agency that administers the National Flood Insurance Program. FLOOD BOUNDARY AND FLOODWAY MAP (FBFM) -- An official map of the community published by the Federal Emergency Management Agency as part of a riverine community's Flood Insurance Study. The "FBFM" delineates a regulatory floodway along watemourses studied in detail in the Flood Insurance Study. FLOOD ELEVATION STUDY -- An examination, evaluation and determination of the flood hazards and, if appropriate, corresponding water surface elevations or an examination, evaluation and determination of flood-related erosion hazards. FLOOD or FLOODING -- A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters or the unusual and rapid accumulation or runoff of surface waters from any source. "Flood" or "flooding" also means the collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm or by an unanticipated force of nature, such as a flash flood or an Generated September 10, 2009 Page 40 wnBoard - Letter Board Meeting of September 8, 2009 ahilormal tidl surge, or by some similarly unusual and unforeseeable event which results in' "flooding" as defined above. FLOOD HAZARD BOUNDARY MAP (FHBM) -- An official map of a community, issued by the Federal Emergency Management Agency, where the boundaries of the areas of special flood hazard have been designated as Zone A but no flood elevations are provided. FLOOD INSURANCE RATE MAP (FIRM) -- An official map of a community, on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the community. FLOOD INSURANCE STUDY -- See "flood elevation study." FLOODPLAIN or FLOOD-PRONE AREA -- Any land area susceptible to being inundated by water from any source (see definition of "flooding"). FLOODPROOF1NG -- Any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. FLOODWAY -- The same meaning as "regulatory floodway." FUNCTIONALLY DEPENDENT USE -- A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water, such as a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding and ship repair facilities. The term does not include long-term storage, manufacturing, sales or service facilities. HIGHEST ADJACENT GRADE -- The highest natural elevation of the ground surface, prior to construction, next to the proposed walls of a structure. HISTORIC STRUCTURE -- Any structure that is: (1) (2) (3) (4) Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or Individually listed on a state inventory of historic places in states with historic preservation programs that have been certified either by an approved state Generated September 10, 2009 Page 41 wn Board - Letter Board Meeting of September 8, 2009 program as determined by the Secretary of the Interior or directly by the Secretary of the Interior in states without approved programs. LOCAL ADMINISTRATOR ~- The person appointed by the community to administer and implement this chapter by granting or denying development permits in accordance with its provisions. This person is often the Code Enforcement Officer, the Building Inspector or an employee of an engineering department. LOWEST FLOOR -- The lowest floor of the lowest enclosed area (including basement or cellar). An unfinished or flood-resistant enclosure usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's "lowest floor," provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this chapter. MANUFACTURED HOME -- A structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term does not include a recreational vehicle. MANUFACTURED HOME PARK OR SUBDIVISION -- A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. MEAN SEA LEVEL -- For purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929, the North American Vertical Datum of 1988 (NAVD 88) or other datum to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced. MOBILE HOME -~ The same meaning as "manufactured home." NATIONAL GEODETIC VERTICAL DATUM (NGVD)" ~- As corrected in 1929, a vertical control used as a reference for establishing varying elevations within the floodplain. NEW CONSTRUCTION -- Structures for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by the community and includes any subsequent improvements to such structure. NEW MANUFACTURED HOME PARK OR SUBDIVISION -- A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by a community. ONE-HUNDRED-YEAR FLOOD -- The same meaning as "base flood." PRIMARY FRONTAL DUNE -- A continuous or nearly continuous mound or ridge of sand with relatively steep seaward and landward slopes immediately landward and adjacent to the Generated September 10, 2009 Page 42 · ~ Board - Letter Board Meeting of September 8, 2009 ~ubject to erosion and overtopping bea{ from high tides and waves during major coastal storms. The inland limit of the primary frontal dune occurs at the point where there is a distinct change from a relatively steep slope to a relatively mild slope. PRINCIPALLY ABOVE GROUND -- At least 51% of the actual cash value of the structure, excluding land value, is above ground. RECREATIONAL VEHICLE -- A vehicle which is: (1) (2) (3) (4) Built on a single chassis; Four hundred square feet or less when measured at the largest horizontal projections; Designed to be self-propelled or permanently towable by a light-duty truck; and Not designed primarily for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use. 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 § 148-12B of this chapter. SAND DUNES -- Naturally occurring accumulations of sand in ridges or mounds landward of the beach. START OF CONSTRUCTION .............. ~ ~, ........................... , pemit issu~ce for new construction ~d subst~tial improvements to existing structures, provided ~at actual sta~ of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement is within 180 days after the date of issu~ce. The actual st~ of construction me~s the first placement of pe~anent construction of a building (including a m~ufact~ed home) on a site, such as the pouring ora slab or footings, installation of pilings or construction of colmns. Pe~ent construction does not include l~d prep~ation (such as clearing, excavation, grading, or filling), or the installation of streets or walkways, or excavation for a basement, footings, piers or fo~dations, or the erection of temporaw fo~s, or ~e installation of accesso~ buildings such as g~ages or sheds not occupied as dwelling ~its or not p~ of the main building. For a subst~tial improvement, the actufl "st~ of cons~ction" me~s of the first alteration of any wall, ceiling, floor, or o~er structural pan of a building, whether or not that alteration affects the external dimensions of the building. Generated September 10, 2009 Page 43 Board - Letter Board Meeting of September 8, 2009 STRUCTURE -- A walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. SUBSTANTIAL DAMAGE -- Damage of any origin sustained by a structure whereby the cost of restoring any structure to its before damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred. SUBSTANTIAL IMPROVEMENT -- Any reconstruction, rehabilitation, addition or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. The term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either: (1) (2) Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or Any alteration of an historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure. VARIANCE -- A grant of relief from the requirements of this chapter which permits construction or use in a manner that would otherwise be prohibited by this chapter. §148-5. Applicability. This chapter shall apply to all areas of special flood hazard within the jurisdiction of the Town of Southold. §148-6. Basis for establishing areas of special flood hazard. The areas of special flood hazard for the Town of Southold, Community No. 360813, are identified and defined on the following documents prepared by the Federal Emergency Management Agency: [Amended 5-12-1998 by L.L. No. 8- 1998] (1) A scientific and engineering report entitled "Flood Insurance Study, Suffolk County, New York (all jurisdictions)," date~ May ~., !998 September 25, 2009. (2) · . Flood Insurance Rate Map Panel Numbers for Suffolk County, New York (all jurisdictions); 36103C0017H, 36103C0018H, 36103C0019H, 36103C0036H, 36103C0037H, 36103C0038H, 36103C0039H, 36103C0041H, 36103C0043H, 36103C0063H, 36103C0064H, 36103C0066H, 36103C0067H, 36103C0068H, 36103C0069H, 36103C0079H, 36103C0083H, 36103C0084H, 36103C0086H, 36103C0087H, 36103C0088H, 36103C0089H, 36103C0091H, 36103C0095H, 36103C0105H, 36103C0106H, 36103C0107H, 36103C0115H, 36103C0139H, 36103C0141H, 36103C0142H, 36103C0143H, 36103C0144H, 36103C0154H, Generated September 10, 2009 Page 44 Board Meeting of September 8, 2009 '{~4r _~"~m~'~' Board - Letter 36103C0157H, 36103C0163H, 36103C0169H, 36103 CO 182H, 36103C0205H, 36103C0483H, 36103C0502H, 36103C0158H, 36103C0159H, 36103C016!H, 36103C0162H, 36103C0164H, 36103C0166H, 36103C0167H, 36103C0168H, 36103C0176H, 36103C0177H, 36103C0178H, 36103C0181H, 36103C0184H, 36103C0186H, 36103C0188H, 36103C0192H, 36103C0477H, 36103C0479H, 36103C0481H, 36103C0482H, 36103C0484H, 36103C0491H, 36103C0492H, 36103C0501H, 36103C0503H, 36103C0504H, 36103C0506H, 36103C0507H, 36103C0508H 36103C0511H ~. ...... '~-.~.. xT~ '~t:~ n~c, nnn ~_a .... hen, hen< nqno ~.a ne~ ~ whose effective date s ~a~" 4, ~nno September 25, 2009 ~d ~y subsequent revisions to these map p~els that do not affect areas under the Town's jurisdiction. The above documents are hereby adopted and declared to be a part of this chapter. The Flood Insurance Study and/or maps are on file at the office of the Town Clerk located at 53095 Route 25, Southold, New York. {}148-7. Interpretation; conflict with other laws. This chapter includes all revisions to the National Flood Insurance Program through Nc. vember I, ! 959 October 27, 1997, and shall supersede all previous laws adopted for the purpose of flood damage prevention. In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements, adopted for the promotion of the public health, safety and welfare. Whenever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the most restrictive or that imposing the highest standards shall govem. {}148-8. Severability. The invalidity of any section or provision of this chapter shall not invalidate any other section or provision thereof. §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 Generated September 10, 2009 Page 45 Board - Letter Board Meeting of September 8, 2009 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 on approved variance under § § 148-22 and 148-23 will be declared noncompliant and notification sent to the Federal Emergency Management Agency. § 148-10. Warning and disclaimer of liability. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This chapter does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the Town of Southold, any officer or employee thereof or the Federal Emergency Management Agency for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder. §148-11. Designation of local administrator. The Building Inspector is hereby appointed local administrator to administer and implement this chapter by granting or denying floodplain development permits in accordance with its provisions. §148-12. Floodplain development permit; fees; deposit. Purpose. A floodplain development permit is hereby established for all construction and other development to be undertaken in areas of special flood hazard in this community for the purpose of protecting its citizens from increased flood hazards and ensuring that new development is constructed in a manner that minimizes its exposure to flooding. It shall be unlawful to undertake any development in an area of special flood hazard, as shown on the Flood Insurance Rate Map enumerated in § 148-6, without a valid floodplain development permit. Application for a permit shall be made on forms furnished by the local administrator and may include but not be limited to plans, in duplicate, drawn to scale and showing the nature, location, dimensions and elevations of the area in question; existing or proposed structures; fill; storage of materials; drainage facilities; and the location of the foregoing. Fees. All applications for a floodplain development permit shall be accompanied by an application fee of $100. In addition, the applicant shall be responsible for reimbursing the Town of Southold for any additional costs necessary for review, inspection and approval of this project. The local administrator may require a deposit of no more than $500 to cover these additional costs. Generated September 10, 2009 Page 46 Board Meeting of September 8, 2009 The applicant shall provide at least the following information, where applicable. Additional information may be required on the permit application form. The proposed elevation, in relation to mean sea level, of the lowest floor (including basement or cellar) of any new or substantially improved structure to be located in Zone A1 - A30, AE or AH or in Zone A if base flood elevation data are available. Upon completion of the lowest floor, the permittee shall submit to the local administrator the as-built elevation, certified by a licensed professional engineer or surveyor. The proposed elevation, in relation to mean sea level, of the bottom of the lowest structural member of the lowest floor (excluding pilings and columns) of any new or substantially improved structure to be located in Zone V1 - V30 or VE or in Zone V if base flood elevation data are available. Upon completion of the lowest floor, the permittee shall submit to the local administrator the as-built elevation, certified by a licensed professional engineer or surveyor. The proposed elevation, in relation to mean sea level, to which any new or substantially improved nonresidential structure will be floodproofed. Upon completion of the floodproofed portion of the structure, the permittee shall submit to the local administrator the as-built floodproofed elevation, certified by a professional engineer or surveyor. A certificate from a licensed professional engineer or architect that any utility floodproofing will meet the criteria in § 148-16C, Utilities. A certificate from a licensed professional engineer or architect that any nonresidential floodproofed structure will meet the floodproofing criteria in §148-19, Nonresidential structures (except coastal high-hazard areas). A description of the extent to which any watercourse will be altered or relocated as a result of proposed development. Computations by a licensed professional engineer must be submitted that demonstrate that the altered or relocated segment will provide equal or greater conveyance than the original stream segment. The applicant must submit any maps, computations or other material required by the Federal Emergency Management Agency (FEMA) to revise the documents enumerated in §148-6, when notified by the local administrator, and must pay any fees or other costs assessed by FEMA for this purpose. The applicant must also provide assurances that the conveyance capacity of the altered or relocated stream segment will be maintained. A technical analysis, by a licensed professional engineer, if required by the local administrator, which shows whether proposed development to be located in an area of special flood hazard may result in physical damage to any other property. In Zone A, when no base flood elevation data are available from other sources, base flood elevation data for subdivision proposals and other proposed developments (including proposals for manufactured home and recreational vehicle parks and subdivisions) that are greater than either 50 lots or five acres. In Zones V1 - V30 and VE and also in Zone V if base flood elevation data are available, designs and specifications, certified by a licensed professional engineer or architect, for any breakaway walls in a proposed structure with design strengths in excess of 20 pounds Generated September 10, 2009 Page 47 wn Board - Letter per square foot. J. In Zones V1 - V30 and VE and also in Zone V if base flood elevation data are available, for all new and substantial improvements to structures, design plans and specifications prepared in sufficient detail to enable independent review of the foundation support and connection components. Said plans and specifications shall be developed or reviewed by a licensed professional engineer or architect and shall be accompanied by a statement, bearing the signature of the architect or engineer, certifying that the design and methods of construction to be used are in accordance with accepted standards of practice and with all applicable provisions of this chapter. Board Meeting of September 8, 2009 {}148-14. Duties and responsibilities of local administrator. Duties of the local administrator shall include but not be limited to the following: Ao Permit application review. The local administrator shall conduct the following permit application review before issuing a floodplain development permit. The local administrator shall: (l) (2) (3) (4) Review all applications for completeness, particularly with the requirements of § 148-13, Application for permit, and for compliance with the provisions and standards of this chapter. 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, construction standards, and, in particular, § 148-15B, Subdivision proposals. 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 148-21, 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. Determine that all necessary permits have been received from those governmental agencies from which approval is required by state or federal law. 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 Generated September 10, 2009 Page 48 wn Board - Letter Board Meeting of September 8, 2009 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 § 148-13GH, as criteria for requiring that new construction, substantial improvements or other proposed development meet the requirements of this chapter. (2) When base flood elevation data are not available, the local administrator may use flood information from any other authoritative source, such as historical data, to establish flood elevations within the areas of special flood hazard for the purposes of this chapter. C. Alteration of watercourses. The local administrator shall: (1) (2) Notify adjacent communities and the New York State Department of Environmental Conservation prior to permitting any alteration or relocation of a watercourse and submit evidence of such notification to the Regional Director, Region II, Federal Emergency Management Agency. Determine that the permit holder has provided for maintenance within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished. D. Construction stage. (1) (2) (3) In Zones A1 - A30, AE and AH and also in Zone A if base flood elevation data are available, upon placement of the lowest floor or completion of floodproofing of a new or substantially improved structure, the local administrator shall obtain from the permit holder a certification of the as-built elevation of the lowest floor or floodproofed elevation in relation to mean sea level. The certificate shall be prepared by or under the direct supervision of a licensed land surveyor or professional engineer and certified by the same. For manufactured homes, the permit holder shall submit the certificate of elevation upon placement of the structure on the site. A certificate of elevation must also be submitted for a recreational vehicle if it remains on a site for 180 consecutive days or longer (unless it is fully licensed and ready for highway use). In Zones V1 - V30 and VE and also in Zone V if base flood elevation data are available, upon placement of the lowest floor of a new or substantially improved structure, the permit holder shall submit to the local administrator a certificate of elevation, in relation to mean sea level, of the bottom of the lowest structural member of the lowest floor (excluding pilings and columns). The certificate shall be prepared by or under the direct supervision of a licensed land surveyor or professional engineer and certified by same. For manufactured homes, the permit holder shall submit the certificate of elevation upon placement of the structure on the site. An elevation certificate must also be submitted for a recreational vehicle if it remains on a site 180 consecutive days or longer (unless it is fully licensed and ready for highway use). Any further work undertaken prior to submission and approval of the certification Generated September 10, 2009 Page 49 ~wn Board - Letter shall be at the permit holder's risk. The local administrator shall review all data submitted. Deficiencies detected shall be cause to issue a stop-work order for the project unless immediately corrected. Board Meeting of September 8, 2009 Inspections. The local administrator and/or the developer's engineer or architect shall make periodic inspections at appropriate times throughout the period of construction in order to monitor compliance with permit conditions and to enable said inspector to certify, if requested, that the development is in compliance with the requirements of the floodplain development permit and/or any variance provisions. F. Stop-work orders. (1) (2) The local administrator shall issue or cause to be issued a stop-work order for any floodplain development found ongoing without a development permit. Disregard of a stop-work order shall subject the violator to the penalties described in § 148-9 of this chapter. The local administrator shall issue or cause to be issued a stop-work order for any floodplain development found noncompliant with the provisions of this chapter and/or the conditions of the development permit. Disregard of a stop-work order shall subject the violator of the penalties described in § 148-9 of this chapter. G. Certificate of compliance. (1) (2) (3) In areas of special flood hazard, as determined by documents enumerated in § 148-6, it shall be unlawful to occupy or to permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted or wholly or partly altered or enlarged in its use or structure until a certificate of compliance has been issued by the local administrator stating that the building or land conforms to the requirements of this chapter. A certificate of compliance shall be issued by the local administrator upon satisfactory completion of all development in areas of special flood hazard. Issuance of the certificate shall be based upon the inspections conducted as prescribed in §148-14Eo,,w~,,,~**o'a' .... :~- ~,u Inspections, and/or any certified elevations, hydraulic data, floodproofing, anchoring requirements or encroachment analyses which may have been required as a condition of the approved permit. Information to be retained. The local administrator shall retain and make available for inspection copies of the following: (1) (2) (3) Floodplain development permits and certificates of compliance. Certifications of as-built lowest floor elevations of structures required pursuant to ~ §148-14D(1) and (2) and whether or not the structures contain a basement. Floodproofing certificates required pursuant to Subacction § 148-14 D(1 ) and whether or not the structures contain a basement. Generated September 10, 2009 Page 50 Board - Letter Board Meeting of September 8, 2009 (4) Certifications required pursuant to 8 148-18N, Breakaway wall design standards, and Subsection J of 8 148-13, Application for permit. (5) Variances issued pursuant to 88 148-22 and 148-23. (6) Notices required under ~ 8148-14C, Alteration of watercourses. {}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 8 148-6. Coastal high-hazard areas. The following requirements apply within Zones VI - V30, VE and V: (1) (2) (3) All new construction, including manufactured homes and recreational vehicles on site 180 days or longer and not fully licensed for highway use, shall be located landward of the reach of high tide. The use of fill for structural support of buildings, manufactured homes or recreational vehicles on site 180 days or longer is prohibited. Man-made alteration of sand dunes which would increase potential flood damage is prohibited. Subdivision 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): (1) (2) (3) Proposals shall be consistent with the need to minimize flood damage; Public utilities and facilities such as sewer, gas, electrical and water systems shall be located and constructed so as to minimize flood damage; and Adequate drainage shall be provided to reduce exposure to flood damage. C. Encroachments. (1) Within Zones A1 - A30 and AE, on streams without a regulatory floodway, no new construction, substantial improvements or other development (including fill) shall be permitted unless: (a) The applicant demonstrates that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any location; or (b) The Town of Southold agrees to apply to the Federal Emergency Management Agency (FEMA) for a conditional FIRM revision, FEMA approval is received and the applicant provides all necessary data, Generated September 10, 2009 Page 51 wn Board - Letter Board Meeting of September 8, 2009 analyses and mapping and reimburses the Town of Southold for all fees and other costs in relation to the application. The applicant must also provide all data, analyses and mapping and reimburse the Town of Southold for all costs related to the final map revision. (2) On streams with a regulatory floodway, as shown on the Flood Boundary and Floodway Map or the Flood Insurance Rate Map adopted in § 148-6, no new construction, substantial improvements or other developments in the floodway (including fill) shall be permitted unless: (a) (b) A technical evaluation by a licensed professional engineer shows that such an encroachment shall not result in any increase in flood levels during occurrence of the base flood; or The Town of Southold agrees to apply to the Federal Emergency Management Agency (FEMA) for a conditional FIRM and floodway revision, FEMA approval is received and the applicant provides all necessary data, analyses and mapping and reimburses the Town of Southold for all fees and other costs in relation to the application. The applicant must also provide all data, analyses and mapping and reimburse the Town of Southold for all costs related to the final map revisions. {}148-16. Standards for all structures. Anchoring. New structures and substantial improvement to structures in areas of special flood hazard shall be anchored to prevent flotation, collapse or lateral movement during the base flood. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces. B. Construction materials and methods. (1) (2) (3) New construction and substantial improvements to structures shall be constructed with materials and utility equipment resistant to flood damage. New construction and substantial improvements to structures shall be constructed using methods and practices that minimize flood damage. For enclosed areas below the lowest floor of a structure within Zones A1 - 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: (a) A minimum of two openings having a total net area of not less than Generated September 10, 2009 Page 52 Board - Letter Board Meeting of September 8, 2009 (b) (c) one square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all such openings shall be no higher than one foot above the lowest adjacent finished grade. 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 sub-grade on all sides are considered basements and are not permitted. (4) Within Zones V1 - V30 and VE and also within Zone V if base flood elevation are available, new construction and substantial improvements s shall have the space below the lowest floor either free from obstruction or constructed with nonsupporting breakaway walls, open wood lattice-work or insect screening intended to collapse under wind and water loads without causing collapse, displacement or other structural damage to the elevated portion of the building or supporting foundation system. The enclosed space below the lowest floor shall be used only for parking vehicles, building access or storage. Use of this space for human habitation is expressly prohibited. The construction of stairs, stairwells and elevator shafts are subject to the design requirements for breakaway walls. C. Utilities. (1) (2) (3) (4) Machinery and equipment scp.'icing a building must either be elevated to New and replacement electrical equipment, heating, ventilating, air conditioning, plumbing connections and other service equipment shall be located at or above the base flood level or designed to prevent water from entering or accumulating within the components during a flood. This includes heating, ventilating, and air-conditioning equipment, hot-water heaters, appliances, elevator lifl 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. New and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters. Sanitary sewer and storm drainage systems for buildings that have openings below the base flood elevation shall be provided with automatic backflow valves or other automatic backflow devices that are installed in each discharge line passing through a building's exterior wall. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. §148-17. Residential structures (except coastal high-hazard areas). Generated September 10, 2009 Page 53 w~ Board - Letter Board Meeting of September 8, 2009 Elevation. 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: (l) (2) (3) (4) Within Zones A1 - 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 elevationlevel. Within Zone A, when no base flood elevation data are available, new and substantially improved structures shall have the lowest floor (including basement) elevated at least three feet above the highest adjacent grade. Within Zone AO, new 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 specified). 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 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 V1 - V30, VE or V on the community's Flood Insurance Rate Map designated in § 148- 6: Elevation. New construction and substantial improvements shall be elevated on pilings, columns or shear walls such that the bottom of the lowest horizontal structural member supporting the lowest elevated floor (excluding columns, piles, diagonal bracing attached to the piles or columns, grade beams, pile caps and other members designed to either withstand storm action or break away without imparting damaging loads to the structure) is elevated to or above two feet above the level of the base flood elevation so as not to impede the flow of water. Determination of loading fomes. Structural design shall consider the effects of wind and water loads acting simultaneously during the base flood on all building components. (l) The structural design shall be adequate to resist water forces that would occur during the base flood. Horizontal water loads considered shall include inertial and drag forces of waves, current drag forces and impact forces from waterborne storm debris. Dynamic uplift loads shall also be considered if bulkheads, walls or other natural or man-made flow obstructions could cause wave run-up beyond the Generated September 10, 2009 Page 54 wn Board - Letter Board Meeting of September 8, 2009 elevation of the base flood. [Amended 5-12-1998 by L.L. No. 8-1998] (2) Buildings shall be designed and constructed to resist the forces due to wind pressure. Wind forces on the superstructure include windward and leeward forces on vertical walls, uplift on the roof, internal forces when openings allow wind to enter the house and upward force on the underside of the house when it is exposed. In the design, the wind should be assumed to blow potentially from any lateral direction relative to the house. (3) Wind-loading values used shall be those required by the building code. C. Foundation standards. (1) (2) The pilings or column foundation and structure attached thereto shall be adequately anchored to resist flotation, collapse or lateral movement due to the effects of wind and water pressures acting simultaneously on all building components. Foundations must be designed to transfer safely to the underlying soil all loads due to wind, water, dead load, live load and other loads (including uplift due to wind and water). Spread footings and fill material shall not be used for structural support of a new building or substantial improvement of an existing structure. D. Pile foundation design. (1) (2) (3) (4) (5) The design ratio of pile spacing to pile diameter shall not be less than 8:1 for individual piles (this shall not apply to pile clusters located below the design grade). The maximum center-to-center spacing of wood piles shall not be more than 12 feet on center under load-bearing sills, beams or girders. Pilings shall have adequate soil penetration (bearing capacity) to resist the combined wave and wind loads (lateral and uplift) associated with the base flood action simultaneously with typical structure (live and dead) loads and shall include consideration of decreased resistance capacity caused by erosion of soil strata surrounding the piles. The minimum penetration for foundation piles is to an elevation of five feet below mean sea level (msl) datum if the BFE is + 10 msl or less or at least 10 feet below msl if the BFE is greater than +10 msl. Pile foundation analysis shall also include consideration of piles in column action from the bottom of the structure to the stable soil elevation of the site. Pilings may be horizontally or diagonally braced to withstand wind and water forces. The minimum acceptable sizes for timber piles are a tip diameter of eight inches for round timber piles and eight by eight (8 x 8) inches for square timber piles. All wood piles must be treated in accordance with requirements of EPEE-C3 to minimize decay and damage from fungus. Reinforced concrete piles shall be cast of concrete having a twenty-eight-day ultimate compressive strength of not less than 5,000 pounds per square inch and shall be reinforced with a minimum of four longitudinal steel bars having a combined area of not less than 1% nor more than 4% of the gross concrete area. Reinforcing for precast piles shall have a concrete cover of not less than I 1/4 Generated September 10, 2009 Page 55 wn - Board Meeting of September 8, 2009 Board Letter inches for No. 5 bars and smaller and not less than 1 1/2 inches for No. 6 through No. 11 bars. Reinforcement for piles cast in the field shall have a'concrete cover of not less than -24- 2 inches. (6) Piles shall be driven by means of a pile driver or drop hammer or jetted or augered into place. (7) Additional support for piles in the form of bracing may include lateral or diagonal bracing between piles. (8) When necessary, piles shall be braced at the ground line in both directions by a wood timber grade beam or a reinforced concrete grade beam. These at-grade supports should be securely attached to the piles to provide support even if scoured from beneath. (9) Diagonal bracing between piles, consisting of two-inch by eight-inch (minimum) members bolted to the piles, shall be limited in location to below the lowest supporting structural member and above the stable soil elevation and aligned in the vertical plane along pile rows perpendicular to the shoreline. Galvanized steel rods (minimum diameter one-half inch) or cable-type bracing is permitted in any plane. (10) Knee braces, which stiffen both the upper portion ora pile and the beam-to-pile connection, may be used along pile rows perpendicular and parallel to the shoreline. Knee braces shall be two-by-eight lumber bolted to the sides of the pile/beam or four-by-four or larger braces framed into the pile/beam. Bolting shall consist of two 5/8 inch galvanized steel bolts (each end) for two-by-eight members or one 5/8 inch lag bolt (each end) for square members. Knee braces shall not extend more than three feet below the elevation of the base flood. Column foundation design. Masonry piers or poured-in-place concrete piers shall be internally reinforced to resist vertical and lateral loads and be connected with a movement-resisting connection to a pile cap or t I/ile shaft. Connectors and fasteners. Galvanized metal connectors, wood connectors or bolts of size and number adequate for the calculated loads must be used to connect adjoining components of a structure. Toe nailing as a principal method of connection is not permitted. All metal connectors and fasteners used in exposed locations shall be steel, hot-dipped galvanized after fabrication. Connectors in protected interior locations shall be fabricated from galvanized sheet. Beam to pile connections. The primary floor beams or girders shall span the supports in the direction parallel to the flow of potential floodwater and wave action and shall be fastened to the columns or pilings by bolting, with or without cover plates. Concrete members shall be connected by reinforcement, if cast in place, or (if precast) shall be securely connected by bolting and welding. If sills, beams or girders are attached to wood piling at a notch, a minimum of two 5/8 inch galvanized steel bolts or two hot- dipped galvanized straps 3/16 inch by four inches by 18 inches, each bolted with two 1/2 inch lag bolts per beam member, shall be used. Notching of pile tops shall be the minimum sufficient to provide ledge support for beam members without unduly Generated September 10, 2009 Page 56 _wn BoarI - Letter ' weakening pi e connections. reduced below 50%. Board Meeting of September 8, 2009 Piling shall not be notched so that the cross section is H. Floor and deck connections. (1) (2) Wood two-by-four-inch (minimum) connectors or metal joist anchors shall be used to tie floor joists to floor beams/girders. These should be installed on alternate floor joists, at a minimum. Cross bridging of all floor joists shall be provided. Such cross bridging may be one-by-three-inch members, placed eight feet on center, maximum, or solid bridging of the same depth as the joists at the same spacing. Plywood should be used for subflooring and attic flooring to provide good torsional resistance in the horizontal plane of the structure. The plywood should not be less than 3/4 inch total thickness and should be exterior grade and fastened to beams or joists with 8d annular or spiral thread galvanized nails. Such fastening shall be supplemented by the application of waterproof industrial adhesive applied to all bearing surfaces. Exterior wall connections. All bottom plates shall have any required breaks under a wall stud or an anchor bolt. Approved anchors will be used to secure rafters or joists and top and bottom plates to studs in exterior and bearing walls to form a continuous tie. Continuous fifteen-thirty-seconds-inch or thicker plywood sheathing, overlapping the top wall plate and continuing down to the sill, beam or girder, may be used to provide the continuous tie. If the sheets of plywood are not vertically continuous, then two-by-four nailer blocking shall be provided at all horizontal joints. In lieu of the plywood, galvanized steel rods of 1/2 inch diameter or galvanized steel straps not less than one inch wide by 1/16 inch thick may be used to connect from the top wall plate to the sill, beam, or girder. Washers with a minimum diameter of three inches shall be used at each end of the 1/2 inch round rods. These anchors shall be installed no more than two feet from each comer rod, no more than four feet on center. J. Ceiling joist/rafter connections. (1) (2) All ceiling joists or rafters shall be installed in such a manner that the joists provide a continuous tie across the rafters. Ceiling joists and rafters shall be securely fastened at their intersections. A metal or wood connector shall be used at alternate ceiling joist/rafter connections to the wall top plate. Gable roofs shall be additionally stabilized by installing o~e-two-by-four blocking on two-foot centers between the rafters at each gable end. Blocking shall be installed a minimum of eight feet toward the house interior from each gable end. Projecting members. All cantilevers and other projecting members must be adequately supported and braced to withstand wind and water uplift forces. Roof eave overhangs shall be limited to a maximum of two feet and joist overhangs to a maximum of one foot. Larger overhangs and porches will be permitted if designed or reviewed by a registered Generated September 10, 2009 Page 57 ~wn Board - Letter professional engineer or architect and certified in accordance with § 148-13J of this chapter. Board Meeting of September 8, 2009 L. Roof sheathing. (2) (3) Plywood or other wood material, when used as roof sheathing, shall not be less than 15/32 inch in thickness and shall be of exterior sheathing grade or equivalent. All attaching devices for sheathing and roof coverings shall be galvanized or be of other suitable corrosion-resistant material. All comers, gable ends and roof overhangs exceeding six inches shall be reinforced by the application of waterproof industrial adhesive applied to all bearing surfaces of any plywood sheet used in the sheathing of such comer, gable end or roof overhang. In addition, roofs should be sloped as steeply as practicable to reduce uplift pressures, and special care should be used in securing ridges, hips, valleys, eaves, vents, chimneys and other points of discontinuity in the roofing surface. Protection of openings. All exterior glass panels, windows and doors shall be designed, detailed and constructed to withstand loads due to the design wind speed of 75 miles per hour. Connections for these elements must be designed to transfer safely the design loads to the supporting structure. Panel widths of multiple panel sliding glass doors shall not exceed three feet. N. Breakaway wall design standards. (1) (2) The breakaway wall shall have a design safe-loading resistance of not less than 10 and not more than 20 pounds per square foot, with the criterion that the safety of the overall structure at the point of wall failure shall be confirmed using established procedures. Grade beams shall be installed in both directions for all piles considered to carry the breakaway wall load. Knee braces are required for front row piles that support breakaway walls. 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 that 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 Generated September 10, 2009 Page 58 Board - Letter Board Meeting of September 8, 2009 other nonresidential structures located in areas of special flood hazard, in addition to the requirements in § 148-15B, Subdivision proposals, and § 148-15C, Encroachments, and § 148- 16, Standards for all structures. Within Zones A1 - A30, AE and AH and also in Zone A if base flood elevation data are available, new construction and substantial improvements of any nonresidential structure, together with attendant utility and sanitary facilities, shall either: (1) (2) Have the lowest floor, including basement or cellar, elevated to or above two feet above the base flood elevation; or Be floodproofed so that the structure is watertight below two feet above the base flood ~ elevation with walls substantially impermeable to the passage of water. All structural components located below the base flood ~ elevation must be capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. Within Zone AO, new construction and substantial improvements of nonresidential structures shall: (1) (2) 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 FIRM (at least two feet if no depth number is specified); or Together with attendant utility and sanitary facilities, be completely floodproofed to that level to meet the floodproofing standard specified in § 148-16CSubsection A(2). 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 §148-19Subsection A(2), including the specific elevation (in relation to mean sea level) to which the structure is to be floodproofed. Do Within Zones AH and AO, adequate drainage paths are required to guide floodwaters around and away from proposed structures on slopes. Within Zone A, when no base flood elevation data are available, the lowest floor (including basement) shall be elevated at least three feet above the highest adjacent grade. §148-20. Nonresidential structures (coastal high-hazard areas). In Zones V1 - V30 and VE and also in Zone V if base flood elevations are available, new construction and substantial improvements of any nonresidential structure, together with Generated September 10, 2009 Page 59 Board - Letter Board Meeting of September 8, 2009 attendant utility and sanitary facilities, shall have the bottom of the lowest member of the lowest floor elevated to or above two feet above the base flood elevation. Floodproofing of structures is not an allowable alternative to elevating the lowest floor to two feet above the base flood elevation in Zones V1 - V30, VE and V. §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: (a) (b) (c) Be on site fewer than 180 consecutive days; Be fully licensed and ready for highway use; or Meet the requirements for manufactured homes in Subsections B, D and E. (2) A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick-disconnect-type utilities and security devices and has no permanently attached additions. A manufactured home that is placed or substantially improved in Zones A1 - 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 movement or, within Zones V 1 - V30~y_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. A manufactured home to be placed or substantially improved in Zone A1 - A30, AE, AH, V 1 - 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 Generated September 10, 2009 Page 60 ~~wn Board - Letter Board Meeting of September 8, 2009 (l) (2) Elevated in a manner such as required in Subsection B:; or Elevated such that the manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and are securely anchored to an adequately anchored foundation system to resist flotation, collapse or lateral movement. Elevation on piers consisting of dry stacked blocks is prohibited. Within Zone g A__or V, when no base flood elevation data are available, new and substantially improved manufactured homes shall be elevated such that the manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above the lowest adjacent grade and are securely anchored to an adequately anchored foundation system to resist flotation, collapse or lateral movement. Elevation on piers consisting of dry stacked blocks is prohibited. Within Zone AO, the floor shall be elevated above the highest adjacent grade at least as high as the depth number specified on the Flood Insurance Rate Map enumerated in § 148-6 (at least two feet if no depth number is specified). Elevation on piers consisting of dry stacked blocks is prohibited. §148-22. Appeals board. The Zoning Board of Appeals, as established by the Town of Southold, shall hear and decide appeals and requests for variances from the requirements of this chapter. The Zoning Board of Appeals shall hear and decide appeals when it is alleged that there is an error in any requirement, decision or determination made by the local administrator in the enforcement or administration of this chapter. Those aggrieved by the decision of the Zoning Board of Appeals may appeal such decision to the Supreme Court pursuant to Article 78 of the Civil Practice Law and Rules. In passing upon such applications, the Zoning Board of Appeals shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter and: (1) (2) (3) (4) (5) The danger that materials may be swept onto other lands to the injury of others. The danger to life and property due to flooding or erosion damage. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner. The importance of the services provided by the proposed facility to the community. The necessity to the facility of a waterfront location, where applicable. Generated September 10, 2009 Page 61 · Board - Letter Board Meeting of September 8, 2009 (6) The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage. (7) The compatibility of the proposed use with existing and anticipated development. (8) The relationship of the proposed use to the Comprehensive Plan and floodplain management program of that area. (9) The safety of access to the property in times of flood for ordinary and emergency vehicles. (10) The costs to local governments and the dangers associated with conducting search and rescue operations during periods of flooding. (11) The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site. (12) The costs of providing governmental services during and after flood conditions, including seamh and rescue operations and maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems and streets and bridges. Upon consideration of the factors of Subsection D 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. The local administrator shall maintain the records of all appeal actions, including technical information, and report any variances to the Federal Emergency Management Agency upon request. {}148-23. Conditions for variances. 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 § 148-221D has been fully considered. As the lot size increases beyond 1/2 acre, the technical ju~ification required for issuing the variance increases. Variances may be issued for the repair or rehabilitation of historic structures upon determination that: (1) (2) The proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure. The variance is the minimum necessary to preserve the historic character and design of the structure. Variances may be issued by a community for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use, provided that: (1) The ~riteria of Subsections A, D, E and F of this section are met. Generated September 10, 2009 Page 62 ,wn Board - Letter Board Meeting of September 8, 2009 th 1 (2) The structure or o er deve opment is protected by methods that minimize flood damages during the base flood and create no additional threat to public safety. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. F. Variances shall only be issued upon receiving written justification of: (1) (2) (3) A showing of good and sufficient cause; A determination that failure to grant the variance would result in exceptional hardship to the applicant; and A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety or extraordinary public expense or create nuisances or cause fraud on or victimization of the public or conflict with existing local laws or ordinances. 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. II. 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. III. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Thomas H. Wickham, Councilman SECONDER: Louisa P. Evans, .lustice AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell Generated September 10, 2009 Page 63 LEGAL NOTICE NOTICE OF PUBLIC HEARING FLOOD DAMAGE LEGISLATION NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 25th day of August 2009, a Local Law entitled "A Local Law in relation to Amendments to Chapter 148 of the Town Code entitled 'Flood Damage Prevention" 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 8th day of September, 2009 at 7:34 p.m. at which time all interested persons will be given an opportunity to be heard. As part of the Town's participation in the National Flood Insurance Program, the Town is required to implement flood damage prevention measures and corresponding amendments updating the program. These measures are set forth in Chapter 148 of the Town Code. The most recent amendments to the program that must be incorporated into the Town Code are the subject of the proposed legislation that is being noticed for a public hearing: The amendments to Chapter 148 "Flood Damage Prevention" of the Town Code include: Clarification of the references to special flood hazard area as set forth in the definition of"area of special flood hazard" in § 148-4. Including a reference to the North American Vertical Datum of 1988 (NAVD 88) in the definition of"mean sea level" in § 148-4. Revision to the definition of"start of construction" set forth in § 148-4. Replacing all references to the "Flood Insurance Study, Suffolk County, New York (all jurisdictions)", dated May 4, 1998 to September 25, 2009 throughout the Code. Renaming the designations of Flood Insurance Rate Map panel numbers and adding panel numbers in §148-6(A)(2). Requiring the certificate of elevation to be prepared by or under the direct supervision of a licensed land surveyor or professional engineer as set forth in §148-14(D)(2). Expressly prohibiting basements in new and/or substantially improved residential structures as an enclosed area below the lowest floor of a structure in Zones Al-A30, AE or AH and in Zone A as set forth in §148- 16(B)(3)(c). Clarifying the standards for replacement and new machinery and equipment servicing a building set forth in § 148-16(C)(1). Clarifying residential structures as "new and substantially improved" residential structures as set forth in § 148-17(A) and § 148-18. 10. 11. 12. 13. 14. 15. 16. Increasing the elevation of new and/or substantially improved residential structures in Zones Al-A30, AE and AH and in Zone A to two feet above the base floor elevation (§ 148-17(A)(1)). Increasing the elevation of new and/or substantially improved residential structures in Zone AO to having the lowest floor elevated above the highest adjacent grade at least as high as two feet above the depth number specified in feet on the Flood Insurance Rate Map (§ 148~ 17(A)(3)). Increasing the elevation of new and/or substantially improved residential structures in coastal high-hazard areas requiring the lowest elevated floor to be elevated two feet above the level of the base flood elevation (§ 148- 18(A)). Increasing the elevation of non-residential structures in Zones A-l-A-30, AE and AH and in Zone A to have the lowest floor, including basements or cellars, elevated two feet above the base floor elevation and require that the structure is watertight below two feet above the base flood elevation (§148-19(A)(1) & (2)). Increasing the elevation required for non-residential structures in Zone AO to require the lowest floor elevated above the highest adjacent grade at least as high as two feet above the depth number specified in feet on the Flood Insurance Rate Map (§ 148-19(B)(1)). Requiring non-residential structures in coastal high-hazard areas to have the bottom of the lowest number of the lowest floor elevated and eliminating flood proofing as an alternative to compliance (§ 148-20). Requiring manufactured homes in Zones Al-A30, AE, and AH be elevated on permanent foundation so that the lowest floor is elevated to or above two feet above the base flood elevation (§ 148-21 (B)). The complete, proposed text amendments to Chapter 148 are available at the Town Clerk's Office and on the Town's Web site at southoldtown.northfork, net Dated: August 25, 2009 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON September 3, 2009, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, P.O. BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suffolk Times TC's Bulletin Board ZBA Town Board Members Accounting Dept. Planning Dept Town Attorney Bldg. Dept Trustees STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being duly sworn, says that on the ~ day of~, 2009, she affixed a notice of which the annexed printed notice is a true copy, ir[ 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. Re: Chapter 148 zabeth A. Neville Southold Town Clerk Swom before me this day of ~ ,2009. Notary Public LINDA J COOPER NOTARY PUBLIC, State of New York NO, 01004822563, Suffolk County Term Expires December 31, 20/~P 38A I SEPTEMBER3,2009 J SUFFOLKTIMES.COM LEGAL NOTICES CONTINUED FROM PREVIOUS PAGE D~led: September O~ 200~ By Order of the Board of ~e~n LEGAL NOTICE NOTICE OF PUBLIC HEARING FLOOD DAMAGE LEGISLATION NOTICE 1S HEREBY GIVEN, there has been presented to the Town Board of the Town of Southold, Suffolk. County, New York, on the 25th day of August 2009, a Local Law entitled "A Local Law in ~lafion to GIVEN that the Town Board of the Town of Southold will hold a public heating on the aforesaid Lo:a/ Law at ",,* ~w o~a the Southold Town Hall, 53095 Main Road, Southold, New York, on the 8th day of September 2009 at 7'.34 p.m. at ~hieh time all interested persons will be g~ven an opportunity to be heard. As part of the Town's participation in the National Flood Insurance Program, the Town is required to implement flood damage prevention measures and cor- responding amendments updating the program. These measures are set forth in Chapter 148 of the Town Code. The most recent amendments to the program that must be incorporated into the Town Code are the subject of the proposed legislation that is being noticed for a public hearing. The amendments to Chapter 148 "Flood Damage Preven- tion'' of the Town Code incinde~ 1. Clarification of the references to special flood hazard area as set forth in the definition of "area of special flood hazard" in §148-4. 2. Including a reference to the North American Vertical Datum of 1988 (NAVD 88) in the definition of "mean sea leval" id §148~L 3. Revision to the definition of "start of construction" set forth in §148-4. 4. Replacing aU references to the "Flood Insurance Study, Suffolk County, New York (all jurlsdictions)", dated May 4, 1998 to September 25, 2009 through- out th~ Code. 5. Renaming the designatiohs of Flood Insurance Rate Map panel num- bers and adding panel numbers in §148- ti(A)(2). 6. Requiring the certificate of eleva- tion to be prepared by or under the di- rect supervision of a licensed land sur- veyor or professional engineer as set forth in §148-14(D)(2). 7. Expressly prohibiting baSements in new and/or substantially improved resi- dential structures as an enclosed area below the lowest floor of a structure in Zones Al-A30, AE or AH and in Zone A.as set forth in §148-16(B)(3)(C). 8. ClarLfying the standards for re- placement and new machinery and equipment servicing a building set forth 9. Clarifying residential structures as "new and substantially improved" resi- dential structures as set forth in 8148- 17(A) and §148-18. 10. Increasing the elevation of new and/or substantially improved residen- tial structures in Zones A1-A30, AE and AH and in Zone A to two feet above the base floor elevation (§148-17(A)(1)). 11. Increasing the elevation of new and/or substantially improved residen- tial structures in Zone AO to having the lowest floor elevated above the highest adjacent grade at least as high as two feet above the depth number specified in feet on the Flood Insurance Rate Map (§148-17(A)(3)). 12. Increasing the elevation of new and/or substantially improved residen- tial structures id coastal high-hazard ar- eas requiring the lowest elevated floor to be elevated two feet above the level of the base flood elevation (§148-18(A)). 13. Increasing the elevation of non- residential structures in Zones A-1-A-30, AE and AI-I and in Zon~ A to have the lowest floor, including basements or cel- lars, elevated two feet fibove the base floor elevation and require that the structure is watertight below two feet above the base flood elevation (§148- 19(A)(I) 14. Increasing the elevation required for non-residentia/ structures in Zone AO to require the lowest floor elevated above the highest adjacent grade at least as high as two feet above the depth num- ber specified in feet on the Flood Insur- ance Rate Map (§148-19(B)(1)). 15. Requiring non-residential stnlc- tures in coastal high-hazard areas to have the bottom of the lowest number of the lowest floor elevated and eliminat- ing flood proofing as an alternative to compliance (§148-20). 16. Requiting manufactured homes in Zones Al-A30, AE, and AH be el- evated on permanent foundation so that the lowest floor is elevated to or above two feet above the base flood elevation (§148-2I(B)). The complete, proposed text amend- ments to Chapter 148 are available at the Town Clerk's Office andon the Town's (~F THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk Southold Town Board - Letter Board Meeting of August 25, 2009 RESOLUTION 2009-728 ADOPTED Item # 5.21 DOC ID: 5254 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2009-728 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 25, 2009: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 25th day of August, 2009, a Local Law entitled "A Local Law in relation to Amendments to Chapter 148 of the Town Code entitled 'Flood Damage Prevention'" now, therefore, be it 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 8th day of September, 2009 at 7:34 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 of the Town Code entitled 'Flood Damage Prevention'" reads as follows: LOCAL LAW NO. 2009 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 148 of the Town Code entitled 'Flood Damage Prevention'". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter 148 of the Code of the Town of Southold is hereby amended as follows: {}148-1. Findings. The Town Board of the Town of Southold finds that the potential and/or actual damages from flooding and erosion may be a problem to the residents of the Town of Southold and that such damages may include destruction or loss of private and public housing, damage to public facilities, both publicly and privately owned, and injury to and loss of human life. In order to Generated August 27, 2009 Page 29 Southold Town Board - Letter Board Meeting of August 25, 2009 minimize the threat of such damages and to achieve the purposes and objectives hereinafier set forth, this chapter is adopted. §148-2. Purpose. It is the purpose of this chapter to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: B. C. D. E. F. Regulate uses which are dangerous to health, safety and property due to water or erosion hazards or which result in damaging increases in erosion or in flood heights or velocities. Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction. Control the alteration of natural floodplains, stream channels and natural protective barriers which are involved in the accommodation of floodwaters. Control filling, grading, dredging and other development which may increase erosion or flood damages. Regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands. Qualify for and maintain participation in the National Flood Insurance Program. §148-3. Objectives. The objectives of this chapter are to: B. C. D. E. F. G. H. Protect human life and health. Minimize expenditure of public money for costly flood-control projects. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public. Minimize prolonged business interruptions. Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard. Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas. Provide that developers are notified that property is in an area of special flood hazard. Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. 148-4. Definitions. 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. As used in this chapter, the following terms shall have the meanings indicated: Generated August 27, 2009 Page 30 Southold Town Board - Letter Board Meeting of August 25, 2009 APPEAL -- A request for a review of the local administrator's interpretation of any provision of this chapter or a request for a variance. AREA OF SHALLOW FLOODING -- A designated AO, AH or VO Zone on a community's Flood Insurance Rate Map (FIRM) with a 1% or greater annual chance of flooding to an average annual depth of one to three feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. [Amended 5-12-1998 by L.L. No. 8-1998] AREA OF SPECIAL FLOOD HAZARD -- The land in the floodplain within a community subject to a 1% or greater chance of flooding in any given year. This area may be designated as Zone A, AE, AH, AO, A1 - A30, A99, V, VO, VE or V1 - V30. It is also commonly referred to as the "base floodplain" or "one-hundred-year floodplain." For purposes of this Local Law, the term "special flood hazard area (SFHA)" is synonymous in meaning with the phrase "area of special flood hazard". BASE FLOOD -- The flood having a 1% chance of being equaled or exceeded in any given year. BASEMENT -- That portion of a building having its floor sub-grade (below ground level) on all sides. BREAKAWAY WALL -- A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or the supporting foundation system. BUILDING -- See "structure." CELLAR -- The same meaning as "basement." COASTAL HIGH-HAZARD AREA -- An area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high-velocity wave action from storms or seismic sources. The area is designated on the FIRM as Zone V1 - V30, VE, VO or V. CRAWL SPACE -- An enclosed area beneath the lowest elevated floor, eighteen inches or more in height, which is used to service the underside of the lowest elevated floor. The elevation of the floor of this enclosed area, which may be of soil, gravel, concrete or other material, must be equal to or above the lowest adjacent exterior grade. The enclosed crawl space area shall be properly vented to allow for equalization of hydrostatic forces which would be experienced during periods of flooding. [Added 5-12-1998 by L.L. No. 8-1998] DEVELOPMENT -- Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, paving, excavation or Generated August 27, 2009 Page 31 Southold Town Board - Letter Board Meeting of August 25, 2009 drilling operations or storage of equipment or materials. ELEVATED BUILDING -- A non-basement building built, in the case of a building in Zone A 1 - A30, AE, A, A99, AO, AH, B, C, X or D, to have the top of the elevated floor or, in the case of a building in Zone VI - 30, VE or V, to have the bottom of the lowest horizontal structural member of the elevated floor elevated above the ground level by means of pilings, columns (posts and piers) or shear walls parallel to the flow of the water and adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood. In the case of Zone A1 - A30, AE, A, A99, AO, AH, B, C, X or D, "elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of floodwaters. In the case of Zone V1 - V30, VE or V, "elevated building" also includes a building otherwise meeting the definition of "elevated building" even though the lower area is enclosed by means of breakaway walls that meet the federal standards. EXISTING MANUFACTURED HOME PARK OR SUBDIVISION -- A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads) is complete before the effective date of the floodplain management regulations adopted by the community. EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION -- The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads). FEDERAL EMERGENCY MANAGEMENT AGENCY -- The federal agency that administers the National Flood Insurance Program. FLOOD BOUNDARY AND FLOODWAY MAP (FBFM) -- An official map of the community published by the Federal Emergency Management Agency as part of a riverine community's Flood Insurance Study. The "FBFM" delineates a regulatory floodway along watemourses studied in detail in the Flood Insurance Study. FLOOD ELEVATION STUDY -- An examination, evaluation and determination of the flood hazards and, if appropriate, corresponding water surface elevations or an examination, evaluation and determination of flood-related erosion hazards. FLOOD or FLOODING -- A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters or the unusual and rapid accumulation or runoff of surface waters from any source. "Flood" or "flooding" also means the collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm or by an unanticipated force of nature, such as a flash flood or an Generated August 27, 2009 Page 32 Southold Town Board - Letter Board Meeting of August 25, 2009 abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in "flooding" as defined above. FLOOD HAZARD BOUNDARY MAP (FHBM) -- An official map of a community, issued by the Federal Emergency Management Agency, where the boundaries of the areas of special flood hazard have been designated as Zone A but no flood elevations are provided. FLOOD INSURANCE RATE MAP (FIRM) -- An official map of a community, on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the community. FLOOD INSURANCE STUDY -- See "flood elevation study." FLOODPLAIN or FLOOD-PRONE AREA -- Any land area susceptible to being inundated by water from any source (see definition of "flooding"). FLOODPROOF1NG -- Any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. FLOODWAY -- The same meaning as "regulatory floodway." FUNCTIONALLY DEPENDENT USE -- A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water, such as a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding and ship repair facilities. The term does not include long-term storage, manufacturing, sales or service facilities. HIGHEST ADJACENT GRADE -- The highest natural elevation of the ground surface, prior to construction, next to the proposed walls of a structure. HISTORIC STRUCTURE -- Any structure that is: (l) (2) (3) (4) Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or Individually listed on a state inventory of historic places in states with historic preservation programs that have been certified either by an approved state Generated August 27, 2009 Page 33 Southold Town Board - Letter Board Meeting of August 25, 2009 program as determined by the Secretary of the Interior or directly by the Secretary of the Interior in states without approved programs. LOCAL ADMINISTRATOR -- The person appointed by the community to administer and implement this chapter by granting or denying development permits in accordance with its provisions. This person is often the Code Enforcement Officer, the Building Inspector or an employee of an engineering department. LOWEST FLOOR -- The lowest floor of the lowest enclosed area (including basement or cellar). An unfinished or flood-resistant enclosure usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's "lowest floor," provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this chapter. MANUFACTURED HOME -- A structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term does not include a recreational vehicle. MANUFACTURED HOME PARK OR SUBDIVISION -- A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. MEAN SEA LEVEL -- For purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929, the North American Vertical Datum of 1988 (NAVD 88) or other datum to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced. MOBILE HOME -- The same meaning as "manufactured home." NATIONAL GEODETIC VERTICAL DATUM (NGVD)" -- As corrected in 1929, a vertical control used as a reference for establishing varying elevations within the floodplain. NEW CONSTRUCTION -- Structures for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by the community and includes any subsequent improvements to such structure. NEW MANUFACTURED HOME PARK OR SUBDIVISION -- A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by a community. ONE-HUNDRED-YEAR FLOOD -- The same meaning as "base flood." PRIMARY FRONTAL DUNE -- A continuous or nearly continuous mound or ridge of sand with relatively steep seaward and landward slopes immediately landward and adjacent to the Generated August 27, 2009 Page 34 Southold Town Board - Letter Board Meeting of August 25, 2009 beach and subject to erosion and overtopping from high tides and waves during major coastal storms. The inland limit of the primary frontal dune occurs at the point where there is a distinct change from a relatively steep slope to a relatively mild slope. PRINCIPALLY ABOVE GROUND -- At least 51% of the actual cash value of the structure, excluding land value, is above ground. RECREATIONAL VEHICLE -- A vehicle which is: (1) (2) (3) (4) Built on a single chassis; Four hundred square feet or less when measured at the largest horizontal projections; Designed to be self-propelled or permanently towable by a light-duty truck; and Not designed primarily for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use. 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 § 148-12B of this chapter. SAND DUNES -- Naturally occurring accumulations of sand in ridges or mounds landward of the beach. The date of permit issuance for new construction and substantial improvements to existing structures, provided that actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement is within 180 days after the date of issuance. The actual start of construction means the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of a slab or footings, installation of pilings or construction of columns. Permanent construction does not include land preparation (such as clearing, excavation, grading, or filling), or the installation of streets or walkways, or excavation for a basement, footings, piers or foundations, or the erection of temporary forms, or the installation of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main building. For a substantial improvement, the actual "start of construction" means of the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. STRUCTURE -- A walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. SUBSTANTIAL DAMAGE -- Damage of any origin sustained by a structure whereby the cost of restoring any structure to its before damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred. SUBSTANTIAL IMPROVEMENT -- Any reconstruction, rehabilitation, addition or other Generated August 27, 2009 Page 35 Southold Town Board - Letter Board Meeting of August 25, 2009 improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. The term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either: (1) (2) Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or Any alteration of an historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure. VARIANCE -- A grant of relief from the requirements of this chapter which permits construction or use in a manner that would otherwise be prohibited by this chapter. §148-5. Applicability. This chapter shall apply to all areas of special flood hazard within the jurisdiction of the Town of Southold. §148-6. Basis for establishing areas of special flood hazard. The areas of special flood hazard for the Town of Southold, Community No. 360813, are identified and defined on the following documents prepared by the Federal Emergency Management Agency: [Amended 5-12-1998 by L.L. No. 8- 1998] (l) A scientific and engineering report entitled "Flood Insurance Study, Suffolk County, New York (all jurisdictions)," dated Ma;,' 4, ! 9%° September 25, 2009. (2) Flood Insurance Rate Map Panel Numbers for Suffolk County, New York (all jurisdictions): 36103C0017H, 36103C0018H, 36103C0019H, 36103C0036H, 36103C0037H, 36103C0038H, 36103C0039H, 36103C0041H, 36103C0043H, 36103C0063H, 36103C0069H, 36103C0087H, 36103C0105H, 36103C0141H, 36103C0157H, 36103C0163H, 36103C0169H, 36103C0182H, 36103C0205H, 36103C0483H, 36103C0502H, 36103C0508H, 36103C0064H, 36103C0066H, 36103C0067H, 36103C0068H 36103C0079H, 36103C0083H, 36103C0084H, 36103C0086H 36103C0088H, 36103C0089H, 36103C0091H, 36103C0095H 36103C0106H, 36103C0107H, 36103C0115H, 36103C0139H 36103C0142H, 36103C0143H, 36103C0144H, 36103C0154H 36103C0158H, 36103C0159H, 36103C0161H, 36103C0162H 36103C0164H, 36103C0166H, 36103C0167H, 36103C0168H 36103C0176H, 36103C0177H, 36103C0178H, 36103C0181H 36103C0184H, 36103C0186H, 36103C0188H, 36103C0192H 36103C0477H, 36103C0479H, 36103C0481H, 36103C0482H 36103C0484H, 36103C0491H, 36103C0492H, 36103C0501H 36103C0503H, 36103C0504H, 36103C0506H, 36103C0507H, 36103C0511H Generated August 27, 2009 Page 36 Southold Town Board - Letter Board Meeting of August 25, 2009 .... , .... , ........... ~vhose effective date IS Mfl'J~,74Dfi~ September 25, 2009 and any subsequent revisions to these map panels that do not affect areas under the Town's jurisdiction. The above documents are hereby adopted and declared to be a part of this chapter. The Flood Insurance Study and/or maps are on file at the office of the Town Clerk located at 53095 Route 25, Southold, New York. §148-7. Interpretation; conflict with other laws. This chapter includes all revisions to the National Flood Insurance Program through Nzvc=~cr !, 1989 October 27, 1997, and shall supersede all previous laws adopted for the purpose of flood damage prevention. In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements, adopted for the promotion of the public health, safety and welfare. Whenever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the most restrictive or that imposing the highest standards shall govern. §148-8. Severability. The invalidity of any section or provision of this chapter shall not invalidate any other section or provision thereof. §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 falls 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 on approved variance under §§ 148-22 and 148-23 will be declared noncompliant and notification sent to the Federal Emergency Management Agency. Generated August 27, 2009 Page 37 Southold Town Board - Letter Board Meeting of August 25, 2009 § 148-10. Warning and disclaimer of liability. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This chapter does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the Town of Southold, any officer or employee thereof or the Federal Emergency Management Agency for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder. §148-11. Designation of local administrator. The Building Inspector is hereby appointed local administrator to administer and implement this chapter by granting or denying floodplain development permits in accordance with its provisions. §148-12. Floodplain development permit; fees; deposit. Purpose. A floodplain development permit is hereby established for all construction and other development to be undertaken in areas of special flood hazard in this community for the purpose of protecting its citizens from increased flood hazards and ensuring that new development is constructed in a manner that minimizes its exposure to flooding. It shall be unlawful to undertake any development in an area of special flood hazard, as shown on the Flood Insurance Rate Map enumerated in § 148-6, without a valid floodplain development permit. Application for a permit shall be made on forms furnished by the local administrator and may include but not be limited to plans, in duplicate, drawn to scale and showing the nature, location, dimensions and elevations of the area in question; existing or proposed structures; fill; storage of materials; drainage facilities; and the location of the foregoing. Fees. All applications for a floodplain development permit shall be accompanied by an application fee of $100. In addition, the applicant shall be responsible for reimbursing the Town of Southold for any additional costs necessary for review, inspection and approval of this project. The local administrator may require a deposit of no more than $500 to cover these additional costs. §148-13. Application for permit. The applicant shall provide at least the following information, where applicable. Additional information may be required on the permit application form. The proposed elevation, in relation to mean sea level, of the lowest floor (including basement or cellar) of any new or substantially improved structure to be located in Zone A1 - A30, AE or AH or in Zone A if base flood elevation data are available. Upon completion of the lowest floor, the permittee shall submit to the local administrator the Generated August 27, 2009 Page 38 Southold Town Board - Letter Board Meeting of August 25, 2009 as-built elevation, certified by a licensed professional engineer or surveyor. The proposed elevation, in relation to mean sea level, of the bottom of the lowest structural member of the lowest floor (excluding pilings and columns) of any new or substantially improved structure to be located in Zone V1 - V30 or VE or in Zone V if base flood elevation data are available: Upon completion of the lowest floor, the permittee shall submit to the local administrator the as-built elevation, certified by a licensed professional engineer or surveyor. The proposed elevation, in relation to mean sea level, to which any new or substantially improved nonresidential structure will be floodproofed. Upon completion of the floodproofed portion of the structure, the permittee shall submit to the local administrator the as-built floodproofed elevation, certified by a professional engineer or surveyor. A certificate from a licensed professional engineer or architect that any utility floodproofing will meet the criteria in § 148-16C, Utilities. A certificate from a licensed professional engineer or architect.that any nonresidential floodproofed structure will meet the floodproofing criteria in § 148-19, Nonresidential structures (except coastal high-hazard areas). A description of the extent to which any watercourse will be altered or relocated as a result of proposed development. Computations by a licensed professional engineer must be submitted that demonstrate that the altered or relocated segment will provide equal or greater conveyance than the original stream segment. The applicant must submit any maps, computations or other material required by the Federal Emergency Management Agency (FEMA) to revise the documents enumerated in § 148-6, when notified by the local administrator, and must pay any fees or other costs assessed by FEMA for this purpose. The applicant must also provide assurances that the conveyance capacity of the altered or relocated stream segment will be maintained. A technical analysis, by a licensed professional engineer, if required by the local administrator, which shows whether proposed development to be located in an area of special flood hazard may result in physical damage to any other property. In Zone A, when no base flood elevation data are available from other sources, base flood elevation data for subdivision proposals and other proposed developments (including proposals for manufactured home and recreational vehicle parks and subdivisions) that are greater than either 50 lots or five acres. In Zones VI - V30 and VE and also in Zone V if base flood elevation data are available, designs and specifications, certified by a licensed professional engineer or architect, for any breakaway walls in a proposed structure with design strengths in excess of 20 pounds per square foot. In Zones V1 - V30 and VE and also in Zone V if base flood elevation data are available, for all new and substantial improvements to structures, design plans and specifications prepared in sufficient detail to enable independent review of the foundation support and connection components. Said plans and specifications shall be developed or reviewed by a licensed professional engineer or architect and shall be accompanied by a statement, bearing the signature of the architect or engineer, certifying that the design and methods of construction to be used are in accordance with accepted standards of practice and with all applicable provisions of this chapter. Generated August 27, 2009 Page 39 Southold Town Board - Letter Board Meeting of August 25, 2009 §148-14. Duties and responsibilities of local administrator. Duties of the local administrator shall include but not be limited to the following: Permit application review. The local administrator shall conduct the following permit application review before issuing a floodplain development permit. The local administrator shall: (1) (2) (3) (4) Review all applications for completeness, particularly with the requirements of § 148-13, Application for permit, and for compliance with the provisions and standards of this chapter. 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, construction standards, and, in particular, § 148-15B, Subdivision proposals. 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 148-21, 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. Determine that all necessary permits have been received from those governmental agencies from which approval is required by state or federal law. B. Use of other flood data. (1) (2) 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 § 148-13G, as criteria for requiring that new construction, substantial improvements or other proposed development meet the requirements of this chapter. When base flood elevation data are not available, the local administrator may use flood information from any other authoritative source, such as historical data, to establish flood elevations within the areas of special flood hazard for the purposes of this chapter. Generated August 27, 2009 Page 40 Southold Town Board - Letter Board Meeting of August 25, 2009 Alteration of watercourses. The local administrator shall: (1) (2) Notify adjacent communities and the New York State Department of Environmental Conservation prior to permitting any alteration or relocation of a watercourse and submit evidence of such notification to the Regional Director, Region II, Federal Emergency Management Agency. Determine that the permit holder has provided for maintenance within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished. Construction stage. (2) (3) In Zones A1 - A30, AE and AH and also in Zone A if base flood elevation data are available, upon placement of the lowest floor or completion of floodproofing of a new or substantially improved structure, the local administrator shall obtain from the permit holder a certification of the as-built elevation of the lowest floor or floodproofed elevation in relation to mean sea level. The certificate shall be prepared by or under the direct supervision of a licensed land surveyor or professional engineer and certified by the same. For manufactured homes, the permit holder shall submit the certificate of elevation upon placement of the structure on the site. A certificate of elevation must also be submitted for a recreational vehicle if it remains on a site for 180 consecutive days or longer (unless it is fully licensed and ready for highway use). In Zones VI - V30 and VE and also in Zone V if base flood elevation data are available, upon placement of the lowest floor of a new or substantially improved structure, the permit holder shall submit to the local administrator a certificate of elevation, in relation to mean sea level, of the bottom of the lowest structural member of the lowest floor (excluding pilings and columns). The certificate shall be prepared bv or under the direct supervision of a licensed land surveyor or professional engineer and certified by same. For manufactured homes, the permit holder shall submit the certificate of elevation upon placement of the structure on the site. An elevation certificate must also be submitted for a recreational vehicle if it remains on a site 180 consecutive days or longer (unless it is fully licensed and ready for highway use). Any further work undertaken prior to submission and approval of the certification shall be at the permit holder's risk. The local administrator shall review all data submitted. Deficiencies detected shall be cause to issue a stop-work order for the project unless immediately corrected. Inspections. The local administrator and/or the developer's engineer or architect shall make periodic inspections at appropriate times throughout the period of construction in order to monitor compliance with permit conditions and to enable said inspector to certify, if requested, that the development is in compliance with the requirements of the floodplain development permit and/or any variance provisions. Generated August 27, 2009 Page 41 Southold Town Board - Letter Board Meeting of August 25, 2009 F. Stop-work orders. (1) (2) The local administrator shall issue or cause to be issued a stop-work order for any floodplain development found ongoing without a development permit. Disregard of a stop-work order shall subject the violator to the penalties described in § 148-9 of this chapter. The local administrator shall issue or cause to be issued a stop-work order for any floodplain development found noncompliant with the provisions of this chapter and/or the conditions of the development permit. Disregard of a stop-work order shall subject the violator of the penalties described in § 148-9 of this chapter. G. Certificate of compliance. (1) (2) (3) In areas of special flood hazard, as determined by documents enumerated in § 148-6, it shall be unlawful to occupy or to permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted or wholly or partly altered or enlarged in its use or structure until a certificate of compliance has been issued by the local administrator stating that the building or land conforms to the requirements of this chapter. A certificate of compliance shall be issued by the local administrator upon satisfactory completion of all development in areas of special flood hazard. Issuance of the certificate shall be based upon the inspections conducted as prescribed in § 148-14E, Inspections, and/or any certified elevations, hydraulic data, floodproofing, anchoring requirements or encroachment analyses which may have been required as a condition of the approved permit. Information to be retained. The local administrator shall retain and make available for inspection copies of the following: (1) Floodplain development permits and certificates of compliance. (2) Certifications of as-built lowest floor elevations of structures required pursuant to § 148-14D(1) and (2) and whether or not the structures contain a basement. (3) Floodproofing certificates required pursuant to §148-14D(1) and whether or not the structures contain a basement. (4) Certifications required pursuant to § 148-18N, Breakaway wall design standards, and Subsection J of § 148-13, Application for permit. (5) Variances issued pursuant to §§ 148-22 and 148-23. (6) Notices required under §148-14C, Alteration of watercourses. §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 Generated August 27, 2009 Page 42 Southold Town Board - Letter Board Meeting of August 25, 2009 designated in § 148-6. Coastal high-hazard areas. The following requirements apply within Zones V1 - V30, VE and V: (1) (2) (3) All new construction, including manufactured homes and recreational vehicles on site 180 days or longer and not fully licensed for highway use, shall be located landward of the reach of high tide. The use of fill for structural support of buildings, manufactured homes or recreational vehicles on site 180 days or longer is prohibited. Man-made alteration of sand dunes which would increase potential flood damage is prohibited. Subdivision 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): (1) (2) (3) Proposals shall be consistent with the need to minimize flood damage; Public utilities and facilities such as sewer, gas, electrical and water systems shall be located and constructed so as to minimize flood damage; and Adequate drainage shall be provided to reduce exposure to flood damage. C. Encroachments. (1) Within Zones Al - A30 and AE, on streams without a regulatory floodway, no new construction, substantial improvements or other development (including fill) shall be permitted unless: (a) The applicant demonstrates that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any location; or (b) The Town of Southold agrees to apply to the Federal Emergency Management Agency (FEMA) for a conditional FIRM revision, FEMA approval is received and the applicant provides all necessary data, analyses and mapping and reimburses the Town of Southold for all fees and other costs in relation to the application. The applicant must also provide all data, analyses and mapping and reimburse the Town of Southold for all costs related to the final map revision. (2) On streams with a regulatory floodway, as shown on the Flood Boundary and Floodway Map or the Flood Insurance Rate Map adopted in § 148-6, no new construction, substantial improvements or other developments in the floodway (including fill) shall be permitted unless: Generated August 27, 2009 Page 43 Southold Town Board - Letter Board Meeting of August 25, 2009 (a) (b) A technical evaluation by a licensed professional engineer shows that such an encroachment shall not result in any increase in flood levels during occurrence of the base flood; or The Town of Southold agrees to apply to the Federal Emergency Management Agency (FEMA) for a conditional FIRM and floodway revision, FEMA approval is received and the applicant provides all necessary data, analyses and mapping and reimburses the Town of Southold for all fees and other costs in relation to the application. The applicant must also provide all data, analyses and mapping and reimburse the Town of Southold for all costs related to the final map revisions. §148-16. Standards for all structures. Anchoring. New structures and substantial improvement to structures in areas of special flood hazard shall be anchored to prevent flotation, collapse or lateral movement during the base flood. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces. B. Construction materials and methods. (l) (2) (3) New construction and substantial improvements to structures shall be constructed with materials and utility equipment resistant to flood damage. New construction and substantial improvements to structures shall be constructed using methods and practices that minimize flood damage. For enclosed areas below the lowest floor of a structure within Zones A1 - 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 fomes 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: (a) (b) (c) A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all such openings shall be no higher than One foot above the lowest adjacent finished grade. Openings may be equipped with louvers, valves, screens or other coverings or devices, provided that the~, permit the automatic entry and exit of floodwaters. Enclosed areas sub-grade on all sides are considered basements and are not permitted. Generated August 27, 2009 Page 44 Southold Town Board - Letter Board Meeting of August 25, 2009 (4) Within Zones V1 - V30 and VE and also within Zone V if base flood elevation are available, new construction and substantial improvements s shall have the space below the lowest floor either free from obstruction or constructed with nonsupporting breakaway walls, open wood lattice-work or insect screening intended to collapse under wind and water loads without causing collapse, displacement or other structural damage to the elevated portion of the building or supporting foundation system. The enclosed space below the lowest floor shall be used only for parking vehicles, building access or storage. Use of this space for human habitation is expressly prohibited. The construction of stairs, stairwells and elevator shafts are subject to the design requirements for breakaway walls. C. Utilities. . ............... d to New and replacement electrical equipment, heating, ventilating, air conditioning, plumbing connections and other service equipment shall be located at or above the base flood level or designed to prevent water from entering or accumulating within the components during a flood. 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. (2) New and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system. (3) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters. Sanitary sewer and storm drainage systems for buildings that have openings below the base flood elevation shall be provided with automatic backflow valves or other automatic backflow devices that are installed in each discharge line passing through a building's exterior wall. (4) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. §148-17. Residential structures (except coastal high-hazard areas). Elevation. 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: (1) Within Zones A1 - 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 Generated August 27, 2009 Page 45 Southold Town Board - Letter Board Meeting of August 25, 2009 (2) (3) (4) or above the two feet above the base flood elevation. Within Zone A, when no base flood elevation data are available, new and substantially improved structures shall have the lowest floor (including basement) elevated at least three feet above the highest adjacent grade. Within Zone AO, new 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 specified). 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 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 V1 - V30, VE or V on the community's Flood Insurance Rate Map designated in § 148- 6: Elevation. New construction and substantial improvements shall be elevated on pilings, columns or shear walls such that the bottom of the lowest horizontal structural member supporting the lowest elevated floor (excluding columns, piles, diagonal bracing attached to the piles or columns, grade beams, pile caps and other members designed to either withstand storm action or break away without imparting damaging loads to the structure) is elevated to or above two feet above the base flood elevation so as not to impede the flow of water. Determination of loading forces. Structural design shall consider the effects of wind and water loads acting simultaneously during the base flood on all building components. (1) (2) (3) The structural design shall be adequate to resist water forces that would occur during the base flood. Horizontal water loads considered shall include inertial and drag forces of waves, current drag forces and impact forces from waterborne storm debris. Dynamic uplift loads shall also be considered if bulkheads, walls or other natural or man-made flow obstructions could cause wave run-up beyond the elevation of the base flood. [Amended 5-12-1998 by L.L. No. 8-1998] Buildings shall be designed and constructed to resist the forces due to wind pressure. Wind fomes on the superstructure include windward and leeward forces on vertical walls, uplift on the roof, internal fomes when openings allow wind to enter the house and upward fome on the underside of the house when it is exposed. In the design, the wind should be assumed to blow potentially from any lateral direction relative to the house. Wind-loading values used shall be those required by the building code. Generated August 27, 2009 Page 46 Southold Town Board - Letter Board Meeting of August 25, 2009 Foundation standards. (2) The pilings or column foundation and structure attached thereto shall be adequately anchored to resist flotation, collapse or lateral movement due to the effects of wind and water pressures acting simultaneously on all building components. Foundations must be designed to transfer safely to the underlying soil all loads due to wind, water, dead load, live load and other loads (including uplift due to wind and water). Spread footings and fill material shall not be used for structural support of a new building or substantial improvement of an existing structure. Pile foundation design. (1) (2) (3) (4) (5) (6) (7) (8) The design ratio of pile spacing to pile diameter shall not be less than 8:1 for individual piles (this shall not apply to pile clusters located below the design grade). The maximum center-to-center spacing of wood piles shall not be more than 12 feet on center under load-bearing sills, beams or girders. Pilings shall have adequate soil penetration (bearing capacity) to resist the combined wave and wind loads (lateral and uplift) associated with the base flood action simultaneously with typical structure (live and dead) loads and shall include consideration of decreased resistance capacity caused by erosion of soil strata surrounding the piles. The minimum penetration for foundation piles is to an elevation of five feet below mean sea level (msl) datum if the BFE is +10 msl or less or at least 10 feet below msl if the BFE is greater than +10 msl. Pile foundation analysis shall also include consideration of piles in column action from the bottom of the structure to the stable soil elevation of the site. Pilings may be horizontally or diagonally braced to withstand wind and water forces. The minimum acceptable sizes for timber piles are a tip diameter of eight inches for round timber piles and eight by eight (8 x 8) inches for square timber piles. All wood piles must be treated in accordance with requirements of EPEE-C3 to minimize decay and damage from fungus. Reinforced concrete piles shall be cast of concrete having a twenty-eight-day ultimate compressive strength of not less than 5,000 pounds per square inch and shall be reinforced with a minimum of four longitudinal steel bars having a combined area of not less than 1% nor more than 4% of the gross concrete area. Reinforcing for precast piles shall have a concrete cover of not less than 1 1/4 inches for No. 5 bars and smaller and not less than 1 1/2 inches for No. 6 through No. 11 bars. Reinforcement for piles cast in the field shall have a concrete cover of not less than ~4- 2 inches. Piles shall be driven by means of a pile driver or drop hammer or jetted or augered into place. Additional support for piles in the form of bracing may include lateral or diagonal bracing between piles. When necessary, piles shall be braced at the ground line in both directions by a wood timber grade beam or a reinforced concrete grade beam. These at-grade Generated August 27, 2009 Page 47 Southold Town Board - Letter Board Meeting of August 25, 2009 (9) (10) supports should be securely attached to the piles to provide support even if scoured from beneath. Diagonal bracing between piles, consisting of two-inch by eight-inch (minimum) members bolted to the piles, shall be limited in location to below the lowest supporting structural member and above the stable soil elevation and aligned in the vertical plane along pile rows perpendicular to the shoreline. Galvanized steel rods (minimum diameter one-half inch) or cable-type bracing is permitted in any plane. Knee braces, which stiffen both the upper portion of a pile and the beam-to-pile connection, may be used along pile rows perpendicular and parallel to the shoreline. Knee braces shall be two-by-eight lumber bolted to the sides of the pile/beam or four-by-four or larger braces framed into the pile/beam. Bolting shall consist of two 5/8 inch galvanized steel bolts (each end) for two-by-eight members or one 5/8 inch lag bolt (each end) for square members. Knee braces shall not extend more than three feet below the elevation of the base flood. Column foundation design. Masonry piers or poured-in-place concrete piers shall be internally reinforced to resist vertical and lateral loads and be connected with a movement-resisting connection to a pile cap or ~, l/ile shaft. Connectors and fasteners. Galvanized metal connectors, wood connectors or bolts of size and number adequate for the calculated loads must be used to connect adjoining components of a structure. Toe nailing as a principal method of connection is not permitted. All metal connectors and fasteners used in exposed locations shall be steel, hot-dipped galvanized after fabrication. Connectors in protected interior locations shall be fabricated from galvanized sheet. Beam to pile connections. The primary floor beams or girders shall span the supports in the direction parallel to the flow of potential floodwater and wave action and shall be fastened to the columns or pilings by bolting, with or without cover plates. Concrete members shall be connected by reinforcement, if cast in place, or (if precast) shall be securely connected by bolting and welding. If sills, beams or girders are attached to wood piling at a notch, a minimum of two 5/8 inch galvanized steel bolts or two hot- dipped galvanized straps 3/16 inch by four inches by 18 inches, each bolted with two 1/2 inch lag bolts per beam member, shall be used. Notching of pile tops shall be the minimum sufficient to provide ledge support for beam members without unduly weakening pile connections. Piling shall not be notched so that the cross section is reduced below 50%. Floor and deck connections. (1) Wood two-by-four-inch (minimum) connectors or metal joist anchors shall be used to tie floor joists to floor beams/girders. These should be installed on alternate floor joists, at a minimum. Cross bridging of all floor joists shall be provided. Such cross bridging may be one-by-three-inch members, placed eight Generated August 27, 2009 Page 48 Southold Town Board - Letter Board Meeting of August 25, 2009 (2) feet on center, maximum, or solid bridging of the same depth as the joists at the same spacing. Plywood should be used for subflooring and attic flooring to provide good torsional resistance in the horizontal plane of the structure. The plywood should not be less than 3/4 inch total thickness and should be exterior grade and fastened to beams or joists with 8d annular or spiral thread galvanized nails. Such fastening shall be supplemented by the application of waterproof industrial adhesive applied to all bearing surfaces. Exterior wall connections. All bottom plates shall have any required breaks under a wall stud or an anchor bolt. Approved anchors will be used to secure rafters or joists and top and bottom plates to studs in exterior and bearing walls to form a continuous tie. Continuous fifteen-thirty-seconds-inch or thicker plywood sheathing, overlapping the top wall plate and continuing down to the sill, beam or girder, may be used to provide the continuous tie. If the sheets of plywood are not vertically continuous, then two-by-four nailer blocking shall be provided at all horizontal joints. In lieu of the plywood, galvanized steel rods of 1/2 inch diameter or galvanized steel straps not less than one inch wide by 1/16 inch thick may be used to connect from the top wall plate to the sill, beam, or girder. Washers with a minimum diameter of three inches shall be used at each end of the 1/2 inch round rods. These anchors shall be installed no more than two feet from each comer rod, no more than four feet on center. Ceiling joist/rafter connections. (1) (2) All ceiling joists or rafters shall be installed in such a manner that the joists provide a continuous tie across the rafters. Ceiling joists and rafters shall be securely fastened at their intersections. A metal or wood connector shall be used at alternate ceiling joist/rafter connections to the wall top plate. Gable roofs shall be additionally stabilized by installing one-two-by-four blocking on two-foot centers between the rafters at each gable end. Blocking shall be installed a minimum of eight feet toward the house interior from each gable end. Projecting members. All cantilevers and other projecting members must be adequately supported and braced to withstand wind and water uplift forces. Roof cave overhangs shall be limited to a maximum of two feet and joist overhangs to a maximum of one foot. Larger overhangs and porches will be permitted if designed or reviewed by a registered professional engineer or architect and certified in accordance with § 148-13J of this chapter. Roof sheathing. (1) Plywood or other wood material, when used as roof sheathing, shall not be less than 15/32 inch in thickness and shall be of exterior sheathing grade or equivalent. All attaching devices for sheathing and roof coverings shall be galvanized or be of other suitable corrosion-resistant material. Generated August 27, 2009 Page 49 Southold Town Board - Letter Board Meeting of August 25, 2009 (2) (3) All corners, gable ends and roof overhangs exceeding six inches shall be reinforced by the application of waterproof industrial adhesive applied to all bearing surfaces of any plywood sheet used in the sheathing of such comer, gable end or roof overhang. In addition, roofs should be sloped as steeply as practicable to reduce uplift pressures, and special care should be used in securing ridges, hips, valleys, eaves, vents, chimneys and other points of discontinuity in the roofing surface. Protection of openings. All exterior glass panels, windows and doors shall be designed, detailed and constructed to withstand loads due to the design wind speed of 75 miles per hour. Connections for these elements must be designed to transfer safely the design loads to the supporting structure. Panel widths of multiple panel sliding glass doors shall not exceed three feet. N. Breakaway wall design standards. (1) (2) The breakaway wall shall have a design safe-loading resistance of not less than 10 and not more than 20 pounds per square foot, with the criterion that the safety of the overall structure at the point of wall failure shall be confirmed using established procedures. Grade beams shall be installed in both directions for all piles considered to carry the breakaway wall load. Knee braces are required for front row piles that support breakaway walls. 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 that 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 nonstmctural). 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 proposals, and § 148-15C, Encroachments, and § 148- 16, Standards for all structures. Within Zones A1 - A30, AE and AH and also in Zone A if base flood elevation data are available, new construction and substantial improvements of any nonresidential structure, together with attendant utility and sanitary facilities, shall either: (1) Have the lowest floor, including basement or cellar, elevated to or above two feet Generated August 27, 2009 Page 50 Southold Town Board - Letter Board Meeting of August 25, 2009 (2) above the base flood elevation; or Be floodproofed so that the structure is watertight below two feet above the base flood ~ elevation with walls substantially impermeable to the passage of water. All structural components located below the base flood teve4 elevation must be capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. Within Zone AO, new construction and substantial improvements of nonresidential structures shall: (1) (2) 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 FIRM (at least two feet if no depth number is specified); or Together with attendant utility and sanitary facilities, be completely floodproofed to that level to meet the floodproofing standard specified in § 148-16C 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. Within Zones AH and AO, adequate drainage paths are required to guide floodwaters around and away from proposed structures on slopes. Within Zone A, when no base flood elevation data are available, the lowest floor (including basement) shall be elevated at least three feet above the highest adjacent grade. §148-20. Nonresidential structures (coastal high-hazard areas). In Zones V1 - V30 and VE and also in Zone V if base flood elevations are available, new construction and substantial improvements of any nonresidential structure, together with attendant utility and sanitary facilities, shall have the bottom of the lowest member of the lowest floor elevated to or above two feet above the base flood elevation. Floodproofing of structures is not an allowable alternative to elevating the lowest floor to two feet above the base flood elevation in Zones V1 - V30, VE and V. §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 Generated August 27, 2009 Page 51 Southold Town Board - Letter Board Meeting of August 25, 2009 and to recreational vehicles which are located in areas of special flood hazard. A. Recreational vehicles. (1) Recreational vehicles placed on sites within Zones A1 - A30, AE, AH, V1 - V30, V and VE shall either: (a) (b) (c) Be on site fewer than 180 consecutive days; Be fully licensed and ready for highway use; or Meet the requirements for manufactured homes in Subsections B, D and E. (2) A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick-disconnect-type utilities and security devices and has no permanently attached additions. A manufactured home that is placed or substantially improved in Zones A1 - 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 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. A manufactured home to be placed or substantially improved in Zone A1 - 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 levated in a manner such as required in Subsection B. (2) Elevated such that the manufactured home chassis is supported by reinforced Within Zone g A~_or V, when no base flood elevation data are available, new and substantially improved manufactured homes shall be elevated such that the manufactured Generated August 27, 2009 Page 52 Southold Town Board - Letter Board Meeting of August 25, 2009 home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above the lowest adjacent grade and are securely anchored to an adequately anchored foundation system to resist flotation, collapse or lateral movement. Elevation on piers consisting of dry stacked blocks is prohibited. Within Zone AO, the floor shall be elevated above the highest adjacent grade at least as high as the depth number specified on the Flood Insurance Rate Map enumerated in § 148-6 (at least two feet if no depth number is specified). Elevation on piers consisting of dry stacked blocks is prohibited. {}148-22. Appeals board. The Zoning Board of Appeals, as established by the Town of Southold, shall hear and decide appeals and requests for variances from the requirements of this chapter. The Zoning Board of Appeals shall hear and decide appeals when it is alleged that there is an error in any requirement, decision or determination made by the local administrator in the enforcement or administration of this chapter. Those aggrieved by the decision of the Zoning Board of Appeals may appeal such decision to the Supreme Court pursuant to Article 78 of the Civil Practice Law and Rules. In passing upon such applications, the Zoning Board of Appeals shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter and: (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) The danger that materials may be swept onto other lands to the injury of others. The danger to life and property due to flooding or erosion damage. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner. The importance of the services provided by the proposed facility to the community. The necessity to the facility of a waterfront location, where applicable. The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage. The compatibility of the proposed use with existing and anticipated development. The relationship of the proposed use to the Comprehensive Plan and floodplain management program of that area. The safety of access to the property in times of flood for ordinary and emergency vehicles. The costs to local governments and the dangers associated with conducting search and rescue operations during periods of flooding. The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site. Generated August 27, 2009 Page 53 Southold Town Board - Letter Board Meeting of August 25, 2009 (12) The costs of providing governmental services during and after flood conditions, including search and rescue operations and maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems and streets and bridges. Upon consideration of the factors of Subsection D 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. The local administrator shall maintain the records of all appeal actions, including technical information, and report any variances to the Federal Emergency Management Agency upon request. §148-23. Conditions for variances. 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 has been fully considered. As the lot size increases beyond 1/2 acre, the technical justification required for issuing the variance increases. Variances may be issued for the repair or rehabilitation of historic structures upon determination that: (1) (2) The proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure. The variance is the minimum necessary to preserve the historic character and design of the structure. Variances may be issued by a community for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use, provided that: (1) (2) The criteria of Subsections A, D, E and F of this section are met. The structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threat to public safety. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. F. Variances shall only be issued upon receiving written justification of: Generated August 27, 2009 Page 54 Southold Town Board - Letter Board Meeting of August 25, 2009 (1) (2) (3) A showing of good and sufficient cause; A determination that failure to grant the variance would result in exceptional hardship to the applicant; and A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety or extraordinary public expense or creme nuisances or cause fraud on or victimization of the public or conflict with existing local laws or ordinances. 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. II. 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. III. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: louisa P, Evans, Justice SECONDER: Thomas H. Wickham, Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell Generated August 27, 2009 Page 55