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Home My WebLink AboutLL-1987 #09 LOCAL LAW NO. , 1987 A Local Law in relation to Flood Damage Prevention BE IT ENACTED by the Town Board of the Town of Southold, as follows: Chapter 46 of the Town Code of the Town of Southold, designated Floodplain Management and originally adopted by the Town Board of the Town of Southold on March 11, 1980 as Local Law No. 1 of 1980, is hereby repealed in its entirety and the following Flood Damage Prevention Law, to be known as Chapter 46 of the Code of the Town of Southold, be and hereby is enacted in its place and stead: SECTION 1.0 STATUTORY AUTHORIZATION AND PURPOSE 1.1 FINDINGS The Town Board of the Town of Southold, Suffolk County, New York 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 publically and privately owned, and injury to and loss of human life. In order to minimize the threat of such damages and to achieve the purposes and objectives hereinafter set forth, this local law is adopted. 1.2 STATEMENT OF PURPOSE It is the purpose of this local law to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: (1) regulate uses which are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocitieS; (2) require that uses vulnerable to floods, including facilities which serve such uses, be protected againSt flood damage at the time of initial construction; (3) control the alteration of natural floodplains, stream channels, and natural protective barriers which are involved in the accommodation of flood waters; (4) control filling, grading, dredging and other development which may increase erosion or flood damages; regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands, and; (6) qualify and maintain for participation in the National Flood Insurance Program. 1.3 OBJECTIVES The objectives of this local law are: (1) to protect human life and health; (2) to minimize expenditure of public money for costly flood control projects; (3) to minimize the need for rescue and relief efforts associates with flooding and generally undertaken at the expense of the general pUblic; (4) to minimize prolonged business interruptions; to minimize damage to public facilities and utilities such as water and gas mains, electric~ telephone, sewer lines, streets and bridges located in areas of special flood hazard; to help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas; (7) to provide that developers are notified that property is in an area of special flood hazard; and (8) to ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. SECTION 2.0 DEFINITIONS Unless specifically defined below, words or phrases used in this local law shall be interpreted so as to give them the meaning they have in common usage and to give this local law its most reasonable application. "Appeal" means a request for a review of the Local Admi nis(rator's interpretation of any provision of this Local Law or a request for a variance. "Area of shallow floodin[l" means a designated AO or VO Zone on a community's Flood Insurance Rate Map (FIRM) with base flood depths from one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident. "Area of special flood hazard" is the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. This area may be designated as Zone A, AE, AH, AO, A1-99, V, VO, VE, or V1-30. It is also commonly referred to as the base floodplain or 100-year floodplain. "Base flood" means the flood having a one percent chance of being equalled or exceeded in any given year. "Basement" means that portion of a building having its floor subgrade (below ground level) on all sides. "Breakawa¥ wall" means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or the supporting foundation system. "Buildin[l" means any structure built for support, shelter, or enclosure for occupancy or storage. "Cellar" - has the same meaning as definition of "Basement". "Coastal high hazard area" means the area subiect to high velocity waters including, but not limited to, hurricane wave wash. The area is designated on a FIRM as Zone V1-30, VE, VO or V. "Development" means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, paving, excavation or drilling operations located within the area of special flood hazard. "Elevated building" means a non-basement building built to have the lowest floor elevated above the ground level by means of fill, solid foundation perimeter walls, pilings, columns (posts and piers), or shear walls. "Flood" or "Floodin~l" means a general and temporary condition of partial or complete inundation of normally dry land areas from: (1) The overflow of inland or tidal waters; or (2) The unusual and rapid accumulation of runoff of surface waters from any source. -2- "Flood Hazard Boundary Map (FHBM)" means 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 defined but no water surface elevation is provided. "Flood Insurance Rate Map (FIRM)" means an official map of a community, on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the community. "Flood Insurance Study" is the official report provided by the Federal Emergency Management Agency. The report contains flood profiles, as well as the Flood Boundary Floodway Map and the water surface elevations of the base flood. "Flood proofing" means any combination of structural and non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. "Floodway" - has the same mean as "Regulatory Floodway''. "Floor" means the top surface of an enclosed area in a building (including basement), i.e., top of slab in concrete slab construction or top of wood flooring in wood frame construction. "Functionally dependent use" means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water, such as a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding, and ship repair. The term does not include long-term storage, manufacture, sales, or service facilities. "Hi~lhest adjacent ~rade" means the highest natural elevation of the ground surface, prior to construction, next to the proposed walls of a structure. "Lowest Floor" means lowest level including basement or cellar of the lowest enclosed area. An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access, or storage in an area other than a basement is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this Local Law. "Manufactured home" means a structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term also includes park trailers, travel trailers, and similar transportable structures placed on a site for 180 consecutive days or longer and intended to be improved property. "Mean Sea Level" means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced. "Mobile home" - has the same meaning as "Manufactured home". "National Geodetic control used as a plain. Vertical Datum (NGVD)" as corrected in 1929 is a vertical reference for establishing varying elevations within the flood "New construction" means structures for which the "start of construction" commenced on or after the effective date of this Local Law. "Principally Above Ground" means that at least 51 percent of the actual cash value~ excluding land value, is above ground. "100-year Flood" - has the same meaning as "Base Flood". "Regulatory Floodway" means the channel of a river or other 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 aFIood Insurance Study. "Sand dunes" means naturally occurring accumulations of sand in ridges or mounds landward of the beach. "Start of Construction" means the initiation, excluding planning and design, of any phase of a project, physical alteration of the property, and shall include land preparation, such as clearing, grading, and filling; installation of streets and/or walkways; excavation for a basement, footings, piers, or foundations or the erection of temporary forms. It also includes the placement and/or installation on the property of accessory buildings (garages, sheds), storage trailers, and building materials. For manufactured homes the "actual start" means affixing of the manufactured home to its permanent site. "Structure" means a walled and roofed building, a manufactured home, or a gas or liquid storage tank, that is principally above ground. "Substantial improvement" means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either: (1) before the improvement or repair is started; or (2) if the structure has been damaged and is being restored, before the damage occurred. For the purpose of this definition "substantial improvement" is considered to commence when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either: any project for improvement of a structure to comply with existing state or local building, fire, health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions; or any alteration of a structure or contribUting structure listed on the National Register of Historic Places or a State Inventory of Historic Places. "Variance" means a grant of relief from the requirements of this local law which permits construction or use in a manner that would otherwise be prohibited by this local law. SECTION 3.0 GENERAL PROVISIONS 3.1 LANDS TO WHICH THIS LOCAL LAW APPLIES This local law shall apply to all areas of special flood hazards within the jurisdiction of the Town of Southold. 3.2 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD The areas of special flood hazard identified by the Federal Emergency Management Agency in a scientific and engineering report entitled "The Flood Insurance Study for the Town of Southold, Suffolk County, New York", dated September, 1975, with accompanying Flood Insurance Rate Maps and Flood Boundary-Floodway Maps is hereby adopted and declared to be a part of this Local Law. The Flood Insurance Study and map is on file at the office of the Clerk of the Town of Southold. -4- 3.3 INTERPRETATION, CONFLICT WITH OTHER LAWS This Local Law is adopted in response to revisions to the National Flood Insurance Program effective October 1, 1986 and shall supercede all previous laws adopted for the purpose of establishing and maintaining eligibility for flood insurance. In their interpretation and application, the provisions of this local law shall be held to be minimum requirements, adopted for the promotion of the public health, safety, and welfare. Whenever the requirements of this local law are at variance with the requirements of any other lawfully adopted rules, regulations, or ordinances, the most restrictive, or that imposing the higher standards, shall govern. 3.4 SEVERABILITY The invalidity of any section or provision of this local law shall not invalidate any other section or provision thereof. 3.5 PENALTIES FOR NON-COMPLIANCE No structure shall hereafter be constructed, located, extended, converted, or altered and no land shall be excavated or filled without full compliance with the terms of this Local Law and any other applicable regulations. Any infraction of the provisions of this Local Law by failure to comply with any of its requirements, including infractions of conditions and safeguards established in connection with conditions of the permit, shall constitute a violation. Any person who violates this Local Law or fails 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 Local Law for which the developer and/or owner has not applied for and received an approved variance under Section 6.0 will be declared noncompliant and notification sent to the Federal Emergency Management Agency. 3.6 WARNING AND DISCLAIMER OF LIABILITY The degree of flood protection required by this local law is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This local law does not imPly that land outside the area of special flood hazards or uses permitted within such areas will be free from flooding or flood damage. This local law 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 local law or any administrative decision lawfully made hereunder. SECTION 4. O ADMINISTRATION 4.1 DESIGNATION OF THE LOCAL ADMINISTRATOR The Building Inspector is hereby appointed Local Administrator to administer and implement this local law by granting or denying development permit applications in accordance with its provisions. 4.2 ESTABLISHMENT OF DEVELOPMENT PERMIT A Development Permit shall be obtained before the start of construction or any other development within the area of special flood hazard as established in Section 3.2. Application for a Development Permit shall be made on forms furnished by the Local Administrator and may include, but not be limited to: plans, in duplicate, drawn to scale and showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing. 4.3 4.2-1 APPLICATION STAGE The following information is required where applicable; (a) elevation in relation to mean sea level of the proposed lowest floor (including basement or cellar) of all structures; (b) elevation in relation to mean sea level to which any non-residential structure will be flood-proofed; (c) when required a certificate from a licensed professional engineer or architect that the utility floodproofing will meet the criteria in Section 5.1-3(1); (d) certificate from a licensed professional engineer or architect that the non-residential flood-proofed structure will meet the flood-proofing criteria in Section 5.2-2; and 4.2-2 (e) description of the extent to which any watercourse will be altered or relocated as a result of proposed development. CONSTRUCTION STAGE Upon placement of the lowest floor, or flood-proofing by whatever means, or upon placement of the horizontal structural members of the lowest floor, whichever is applicable, it shall be the duty of the permit holder to submit to the Local Administrator a certificate of the elevation of the lowest floor, flood-proofed elevation, or the elevation of the lowest portion of the horizontal structural members of the lowest floor, whichever is applicable, as built, in relation to mean sea level. The elevation certificate shall be prepared by or under the direct supervision of a licensed land surveyor or professional engineer and certified by same. When flood-proofing is utilized for a particular building, the flood-proofing certificate shall be prepared by or under the direct supervision of a licensed professional engineer or architect and certified by same. Any further work undertaken prior to submission and approval of the 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. DUTIES AND RESPONSIBILITIES OF THE LOCAL ADMINISTRATOR Duties of the Local Administrator shall include, but not be limited to: 4.3-1 PERMIT APPLICATION REVIEW (1) Review all development permit applications to determine that the requirements of this local law have been satisfied. Review all development permit applications to determine that all necessary permits have been obtained from those Federal, State or local governmental agencies from which prior approval is required. (3) Review all development permit applications to determine if the proposed development adversely affects the flood carrying capacity of the area of special flood hazard. For the purposes of this local law, "adversely affects" means damage to adjacent properties because of rises in flood stages attributed to physical changes of the channel and the adjacent overbank areas. An engineering study may be required of the applicant for this purpose. (i) If there is no adverse effect, then the permit shall be granted consistent with the provisions of this local law. (ii) If there is an adverse effect, then flood damage mitigation measures shall be made a condition of the permit. -6- 4.3-2 4.3-3 4.3-4 4.3-5 (4) Review all development permits for compliance with the provisions of Section 5.1-5, Encroachments. USE OF OTHER BASE FLOOD DATA When base flood elevation data has not been provided in accordance with Section 3.2, BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD, the Local Administrator shall obtain, review and reasonably utilize any base flood elevation data available from a Federal, State or other source, including data developed pursuant to Section 5.1-4(4) in order to administer Section 5.2, SPECIFIC STANDARDS. INFORMATION TO BE OBTAINED AND MAINTAINED Obtain and record the actual elevation, in relation to mean sea level, of the lowest floor, including basement or cellar of all new or substantially improved structures, and whether or not the structure contains a basement or cellar. (2) For all new or substantially improved flond-nroof~ structures: (i) obtain and record the actual elevation, in relation to mean sea level, to which the structure has been flood-proofed; and (ii) maintain the flood-proofing certifications required in Sections 5.1 and 5.2. {3} In coastal high hazard areas, certification shall be obtained from a registered professional engineer or architect that the provisions of Section 5.3-2(3) are met. {4) Maintain for public inspection all records pertaining to the provisions of this local law including variances when granted and Certificates of Compliance. ALTERATION OF WATERCOURSES {~) Notify adjacent communities and the New York State Department of Environmental Conservation prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Regional Director, Federal Emergency Management Agency, Region II, 26 Federal Plaza, New York, NY 10278. Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished. INTERPRETATION OF FIRM BOUNDARIES The Local Administrator shall have the authority to make interpretations when there appears to be a conflict between the limits of the federally identified area of special flood hazard and actual field conditions. Base flood elevation data established pursuant to Section 3.2 and/or Section 4.3-2, when available, shall be used to accurately delineate the area of special flood hazards. The Local Administrator shall use flood information from any other authoritative source, including historical data, to establish the limits of the area of special flood hazards when base flood elevations are not available. -7- 4.3-6 4.3-7 STOP WORK ORDERS (~) All floodplain development found ongoing without an approved permit shall be subject to the issuance of a stop work order issued by the Local Administrator. Disregard of a stop work order shall be subject to the penalties described in Section 3.5 of this Local Law. All floodplain development found noncompliant with the provisions of this law and/or the conditions of the approved permit shall be subject to the issuance of a stop work order issued by the Local Administrator. Disregard of a stop work order shall be subject to the penalties described in Section 3.5 of this Local Law. INSPECTIONS The Local Administrator and/or the developer's engineer or architect shall make periodic inspections at appropriate times throughout the period of construction in order to monitor compliance with permit conditions and enable said inspector to certify that the development is in compliance with the requirements of either the development permit or the approved variance. CERTIFICATE OF COMPLIANCE (1) It shall be unlawful to use or occupy or to permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted or wholly or partly altered or enlarged in its use or structure until a Certificate of Compliance has been issued by the Local Administrator stating that the building or land conforms to the requirements of this local law. (2) All other development occurring within the designated flood hazard area will have upon completion a CertifiCate of Compliance issued by the Local Administrator. All certifications shall be based upon the inspections conducted subject to Section 4.3-7 and/or any certified elevations, hydraulic information, floodproofing, anchoring requirements or encroachment analysis which may have been required as a condition of the approved permit. SECTION 5.0 PROVISIONS FOR FLOOD HAZARD REDUCTION 5.1 GENERAL STANDARDS In all areas of special flood hazards the following standards are required: 5.1'1 ANCHORING (~) All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure. (2) All manufactured homes shall be installed using methods and practices which minimize flood damage. Manufactured homes must be elevated and anchored to resist flotation, collapse, or lateral movement. Methods of anchoring may include, but are not to be limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable State and local anchoring requirements for resisting wind forces. -8- 5.1-2 CONSTRUCTION MATERIALS AND METHODS (1) All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. (2) All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. 5.1-3 UTILITIES (2) Electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. When designed for location below the base flood elevation, a professional engineer's or architect's certification is required; All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system; (3) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltratiOn of flood waters; and 5.1-4 (4) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during floodi ng. SUBDIVISION PROPOSALS 5.1-5 (1) All subdivision proposals shall be consistent with the need to minimize flood damage; (2) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage; {3) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and (4) Base flood elevation data shall be provided for subdivision proposals and other proposed developments (including proposals for manufactured home parks and subdivisions) greater than either 50 lots or 5 acres. ENCROACHMENTS All proposed development in riverine situations where no flood elevation data is available (unnumbered A Zones) shall be analyzed to determine the effects on the flood carrying capacitY of the area of special flood hazards set forth in Section 4.3-1(3), Permit Review. This may require the submission of additiOnal technical data to assist in the determi nation. 5.2 SPECIFIC STANDARDS In all areas of special flood hazards where base flood elevation data has been provided as set forth in Section 3.2 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD AREAS and Section 4.3-2, USE OF OTHER BASE FLOOD DATA, the following standards are required: 5.2-1 RESIDENTIAL CONSTRUCTION (1) New construction and substantial: improvements of any residential structure shall: have the lowest floor, including basement or cellar, elevated to or above the base flood elevation; -9- surveyor shall certify the specific elevation (in relatinn 5.2-2 (2} have fully enclosed areas below the lowest floor that 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: (i) a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; (ii) the bottom of all such openings shall be no higher than one foot above the lowest adjacent finished grade; (iii) openings may be equipped with louvers, valves, screens or other coverings or devices provided they permit the automatic entry and exit of floodwaters. NONRESIDENTIAL CONSTRUCTION New construction and substantial improvements of any commercial, industrial or other non-residential structure, together with attendant utility and sanitary facilities, shall either: have the lowest floor, including basement or cellar, elevated to or above the base flood elevation; or be floodproofed so that the structure is watertight below the base flood level with walls substantially impermeable to the passage of water. All structural components located below the base flood level must be capable of resisting hydrostatic and hydrodynamic loads and the effects of bouyancy. If the structure is to be elevated, fully enclosed areas below the base flood elevation shall be designed to automatically (without human intervention) allow for the entry and exit of floodwaters for the purpose of equalizing hydrostatic flood forces on exterior walls. Designs for meeting this requirement must either be certified by a licensed professional engineer or a licensed architect or meet the following criteria: (i) (ii) 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; the bottom of all such openings shall be no higher than one foot above the lowest adjacent finished grade; and openings may be equipped with louvers, valves, screens or other coverings or devices provided they permit the automatic entry and exit of floodwaters. (2) If the structure is to be floodproofed: Ii) a licensed professional engineer or architect shall develop and/or review structural design, specifications, and plans for the construction, and shall certify that the design and methods of construction are in accordance with accepted standards of practice to make the structure watertight with walls substantially impermeable to the passage of water, with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of beuyancy; and (ii) a licensed professional engineer or licensed land surveyor shall certify the specific elevation (in relation to mean sea level to which the structure is flood p roo fed. The Local Administrator shall maintain on record a copy of all such certificates noted in this section. -10- 5.2-3 CONSTRUCTION STANDARDS FOR AREAS OF SPECIAL FLOOD HAZARDS WITHOUT BASE FLOOD ELEVATIONS New construction or substantial improvements of structures including manufactured homes shall have the lowest floor (including basement) elevated at least 2 feet above the highest adjacent grade next to the proposed foundation of the structure. (2) Fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically (without human intervention) allow for the entry and exit of floodwaters for the purpose of equalizing hydrostatic flood forces on exterior walls. Designs for meeting this requirement must either be certified by a licensed professional engineer or a licensed architect or meet the following criteria: (i) (ii) 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; the bottom of all such openings shall be no higher than one foot above the lowest adjacent finished grade; (iii) openings may be equipped with louvers, valves, screens or other coverings or devices provided they permit the automatic entry and exit of floodwaters. 5.3 COASTAL HIGH HAZARD AREA Coastal high hazard areas (V Zones) are located within the areas of special flood hazard established in Section 3.2. These areas have special flood hazards associated with high velocity waters from tidal surges and hurricane wave wash; therefore, the following provisions shall apply: 5.3-1 LOCATION OF STRUCTURES 5.3-2 All buildings or structures shall be located landward of the reach of the mean high tide. CONSTRUCTION STANDARDS (1) Elevation Standards All new construction or substantial improvements shall be elevated on pilings, columns (or shear walls) such that 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 the level of the base flood so as not to imPede the flow of water. (2) 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. Equations, procedures, and other guidance for determining and utilizing design values for these loadings are available in the documents referenced in Section 13. (i) Water Loads 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 manmade flow obstructions could cause wave runup beyond the elevation of the base flood. -11- (iv) Pile Standards (a) The minimum acceptable sizes for timber piles are a top diameter of 8 inches for round timber piles and 8 by 8 inches for square timber piles. All wood piles must be treated [in accordance with requirements of AWPA-C3] to minimize decay and damage from fungus. (b) Reinforced concrete piles shall be cast of concrete having a 28-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 percent nor more than 4 percent of the gross concrete area. Reinforcement 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. (v) Pile Installation Piles shall be drived by means of a pile driver or drop hammer, jetted, or augered into place. (vi) Bracing (a) Additional support for piles in the form of bracing may include lateral or diagonal bracing between piles. (b) When necessary, pi les shall be braced at the ground line in both directions by a wood timber grade beam or a reinfoced concrete grade beam. These at-grade supports should be securely attached to the piles to provide support even if scoured from beneath. (c) Diagonal bracing between piles, consisting of 2-inch by 8-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 1/2 inch) or cable type bracing is permitted in any plane. (d) 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 2-by-8 lumber bolted to the sides of the pile/beam, or 4-by-4 or larger braces framed into the pile/beam. Bolting shall consist of two 5/8-inch galvanized steel bolts (each end) for 2-by-8 members, or one 5/8-inch lag belt (each end) for square members. Knee braces shall not extend more than 3 feet below the elevation of the base flood. (5) 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 moment-resisting connection to a pile cap or pile shaft, -13- ROBERT W. TASKER Town Attorney OFFICE OF TOW~ ATTORNEY TOWN OF SOUTHOLD TELEPHONE (516) 477-1400 REC~.IVED ,IUL ? ,987 Southold Town Clerk 425 MAIN STREET · P.O. BOX 697 GREENPORT, L.I., NEW YORK 11944 July 23, 1987 Hon. Judith T. Terry Clerk of the Town of Southold Town Hall, Main Road Southold, NY 11971 Re: Local Laws 6, 7, 8 and 9, 1987 Dear Judy: Enclosed herewith is original filing receipt from the Bureau of State Records, N.Y.S. Department of State, on the above local laws. Yours very truly, ROBERT W. TASKER /jr Enclosure cc: Francis J. Yakab Smith Finkelstein Special Counsel 7/15/87 Loca La ~s No.__6 thro]~gh 9 'fear IXJ87 Munlcipalily TovJn o5 Please be advised that thc above-referenced material was receix ed and filed by this office on Additional forms for filing local laws with this office will be forwarded upon request. NYS Department of Slale Bureau ot Slate Records (Please Use this Form for Filing your Local Law with the Seeretnty of State) Text of law should be given as amended. 13o not use brackets for matter to be eliminated and do not use italics for new matter. of ........................... ~ ~.outhold Local Law No .................. .9.. ................................... of the year 19 _.~.?. ..... in relation to flood damaqe prevention A local law. ............................................................................................................................................................................... Town Board Be it enacted by the .......................................................................................................................................... of the (Nme d L~l.latl*m ~< Of Southold as follows: Town Chapter 46 of the Town Code of the Town of Southold, designated Floodplain Management and originally adopted by the Town Board of the Town of 5outhold on March"' 11, 1980 as Local Law No, 1 of 1980, is hereby repealed in its entirety and the followinq Flood Damage Prevention Law, to be known as Chapter 46 of the Code ~f the Town of Southold, be and hereby-is enacted in'its place and stead: SECTION 1.0 STATUTORY AUTHORIZATION AND PURPOSE 1.1 FINDINGS The Town Board of the Town of Southold, Suffolk County, New_ York 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 publically and privately owned, and injury to and loss of human life. In order to minimize the threat of such damages and to achieve the purposes and objectives hereinafter set forth, this local law is adopted. 1.2 STATEMENT OF PURPOSE It is the purpose of this local law to promote the public health, safety, and general welfare, al~.~J to minimize public and private losses due to flood conditions in specific areas by provisions designed to: (1) regulate uses which are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities; (2} require that uses vulnerable to flor'ds, including facilities which serve such uses, be protected agai.~st flooC damage at the time of initial construction; additional space is neededI please attach sheets of the stone size as this and number each)"~ (3) control the alteration of natural floodplains, stream channels, and natural protective barriers which are involved in the accommodation of flood waters; control filling, grading, dredging and other development which may increase erosion or flood damages; (5) regulate the construction of flood barriers which will' unnaturally divert flood waters or which may increase flood hazards to other lands, and; (6) qualify and maintain' for participation in' the National Flood Insurance Program. 1.3 OBJECTIVES The objectives of this local law are: (2) (3) to protect human life and health; to minimize .expenditure of pubfic money for costly flood control projects; to minimize the need for rescue and relief efforts associates with flooding and generally undertaken at the expense of tile general public~ (5) (6) (7) to minimize prolonged business ihterruptions; to minimize damage to public facilities and utilities such as water and gas mains, electric, telephone, sewer lines, streets and bridges located in areas of special flood hazard; to help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas; to provide that developers are notified that property is in an area of special flood hazard; and to ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. SECTION 2.0 DEFINITIONS Unless specifically defined below, words or phrases used in this local law shall be interpreted so as to give them the meaning they have in common usage and to give this local law its most reasonable application. "Appeal" means a request for a review of the Local Administrator's interpretation of any provision of this Local Law or a request for a variance. "Area of shallow floodinc~" means a designated AO or VO Zone on a community's Flood Insurance Rate Map (FIRM) with base flood depths from one to three feet where a clearly defined channel does not exist, where the path of flooding i§ unpredictable and indeterminate, and where velocity flow may be evident. "Area of special flood hazard" is 'the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. Th~s area may be designated as Zone A, AE, AH, AO, A1-99, V, VO, VE, or V1-30. It is also commonly referred to as the base floodplain or 100-year floodplain. "Base flood" means the flood having a one percent chance of being equalled or ~xceeded in any given year. "Basement" means that portion of a building having its flooP subgrade {below ground level) on all sides. "Breakawa¥ wall" mean,s a wall that is not part of the structural support of the building and is intencJed through its design and construction [o collapse under specific lateral loading l~orces without causing damage to the elevated portion of the buildin9 or the supporting foundation system. ".Bu,!Jding" means any structure b. uilt for support, shelter, or enclosure for occupancy 'or storage. "Cellar" - has the same meaning as definition of "BasemenL". "Coastal high hazard area" means the area subject to high velocity waters including, but not limited to, hurricane wave wash. The area is designated on a FIRM as Zone V1-30, VE, VO or V. "Development" means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, paving, excavation or drilling operations located within the area of special flood hazard. "Elevated buildin~l" means a non-basement building built to have the lowest floor elevated above the ground level by means of fill, solid foundation perimeter walls, pilings, columns (posts and piers), or shear walls. "Flood" or "Flooding"_ means a general and temporary condition of partial or complete inundation of normally dry land areas from: (1) [2) The overflow of inland or tidal waters; or The unusual and rapid accumulation of runoff of surface waters from any source. "Flood Hazard 13oundary Map (FHI3M)" means an official n~ap of a community, issued by the Federal Emergency Management Agency, where the boundaries of the areas of special flood hazard have been defined but no water surface elevation is provided. "Flood Insurance Rate Map [FIRM)" means an offici'al map of a community, on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the community. "Flood Insurance Study" is the official report provided by the Federal Emergency Management Agency. The report contains flood profiles, as well as the Flood Boundary Floodway Map and the water surface elevations of the base flood. "Flood proofing" means any combination of structural and non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. "Floodway" - has the same mean as "Regulatory Floodway". "Floor" means the top surface of an enclosed area in a building (including basement), i.e., top of slab in concrete slab construction or top of wood flooring in wood frame construction. "Functionally dependent use" mean.s a use which cannot perform its intended purpose unless it is located or car. ried 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. The term does not include long-term storage, manufacture, sales, or service facilities. "Hic. thest adiacent c~rade" means the highest natural elevation of the ground surface, prior to construction, next to the proposed walls of a structure. "Lowest Floor" means lowest level including basement or cellar of the lowest enclosed area. An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access, or storage in an area other than a basement is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this Local Law. "Manufactured home" means a structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term also includes park trailers, travel trailers, and similar transportable structures placed on a site for 180 consecutive days or longer and intended to be improved property. "Mean Sea Level" means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to wt]ich base flood elevations shown on a community's Flood Insurance Rate Map are referenced. "Mobile home" - has the same meaning as "Manufactured home". "National Geodetic Vertical Datum (NGVD)" as corrected in 1929 is a vertical control used as a reference for establishing varying elevations within the flood plain. "New construction" means structures for which the "start of construction" commenced on or after the effective date of this Local Law. ".Principally Above Ground" means that at least 51 percent of the actual cash value, excluding land value, ,s above ground. "loo-year Flood" - has the 'same meaning as "Base Flood" _.Re.c~ulator~ Floodway" ineans 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 b~v the Federal Emergency Management Agency in aFIood Insurance Study. "Sand dunes" means naturally occurring accumulations of sand in ridges or mounds landward of the beach. "Start of Construction" means the initiation, excluding planning and design, of any phase of a project, physical alteration of the property, and shall include land preparation, such as' clearing, grading, and filling; installation of streets and/or walkways; excavation for a basement, footings, piers, or foundations or _the erection of temporary forms. It also includes the placement and/or installation on the property of accessory buildings (garages, sheds), storage trailers, and building materials. For manufactured homes the "actual start" means affixing of the manufactured home to its permanent site. "Structure" means a walled and roofed building, a manufactured home, or a gas or liquid storage tank, that is'principally above ground. "Substantial improvement" means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either: (1) before the improvement or repair is started; or (2) if the structure has been damaged and is being restored, before the damage occurred. For the purpose of this definition "substantial improvement" is considered to commence when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either; any project for improvement of a structure to comply with existing state or local building, fire, health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions; or (2) any alteration of a structure or contributing strL, cture listed on the National Register of Historic Places or a State Inventory of Historic Places. Variance" means a grant of relief from the requirements of this local h~w wl~ich permits construction or use in a manner that would otherwise he i~'(~hit~it~.~d hy this local law. 3.1 SECTION 3.0 GENERAL PROVISIONS LANDS TO WHICH THIS LOCAL LAW APPLIES This local law stiall apply to all areas of special flood haza,'ds v~it~in the jurisdiction of the Town of Southold. 3.2 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD IIAZARD The areas of special flood hazard identified by the Federal Emergency Management Agency in a scientific and engineering report entitled "The Flood Insurance Study for the Town of Southold, Suffolk County, New York", dated September, 1975, with accompanying Flood Insurance Rate Maps and Flood Boundary-Floodway Maps is hereby adopted and declared to be a part of this Local Law. The Flood Insurance Study and ,nap is on file at the office of the Clerk of the Town of Southold. 3.3 INTERPRETATION, CONFLICT WITH OTHER LAWS This Local Law is adopted in response to rev,sions to the National Flood insurance Program effective October 1, 1986 and shall supercede all previous laws adopted for the purpose of establishing and maintaining eligibility for flood insurance, In their interpretation and application, the provisions of this local law shall be held to be minimum requirements, adopted for the promotion of the public health, safety, and welfare. Whenever the requirements of this local law are at variance wi'th the requirements of any other lawfully adopted rules, regulations, or ordinances, the most restrictive, or that imposing the higher standards, shall govern. 3.4 SEVERABI LITY The invalidity of any s~ction or provision of this local law shall not invalidate any other section or provision thereof. 3.5 PENALTIES FOR NON-COMPLIANCE No structure shall hereafter be constructed, located, extended, converted, or altered and no land shall be excavated or filled without full compliance with the terms of this Local Law and any other applicable regulations. Any infraction of the provisions of this Local Law by failure to comply with any of its requirements, including infractions of conditions and safeguards established in connection with conditions of the permit, shall constitute a violation. Any person who violates this Local Law or fails 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 Local Law for which the developer and /or owner has not applied for and received an approved variance under Section 6.0 will be-declared noncompliant and notification sent to the Federal Emergency Management Agency. 3.6 WARNING AND DISCLAIMER OF LIABILITY The degree of flood protectioh requited by this local law is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This local law does not imply that land outside the area of special flood hazards or uses permitted within such areas will be free from flooding or flood damage. This local law 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 local law or any administrative dec, sion lawfully made hereunder. 4.1 SECTION 4.0 ADMINISTRATION DESIGNATION OF THE LOCAL ADMINISTRATOR The Building Inspector is hereby appointed Local Administrator to admiriister and implement this local law by granting or denying development permtt applications in accordance with ils prov,sions. tl, 2 ESTABLISHMENT OF DEVELOPMENT PERMIT A Development Permit shall be obtained before the start Of construction or any other development within the area of special flood hazard as established in Section 3.2. Application for a Deve!opment Permit shall be made on forms furnished by the Local Administrator and may include, but not be limited to: plans, ~n 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. 4.2-1 APPLICATION STAGE The following information, is required where applicable; Ia) elevation in relation to mean sea level of the proposed lowest floor (including basement or cellar) of all structures; (b) elevation in relation to mean sea level to which any non-residential structure will be flood-proofed; (c) when required a certificate from a licensed professional engineer or architect that the utility floodproofin9 will meet the criteria i'n Section 5.1-311); Id) certificate from a licensed professional engineer or architect that the non-residential flood-proofed structure will meet the flood-proofing criteria in Section 5.2-2; and (e) description of the extent to which any watercourse will be altered or relocated as a result of proposed development. 4.2-2 CONSTRUCTION STAGE Upon placement of the lowest floor, or flood-proofing by whatever means, or upon placement of the horizontal structural members of the lowest floor, whichever is applicable, it shall be the duty of the permit holder to submit to the Local Administrator a certificate of the elevation of the lowest floor, flood-proofed elevation, or the elevation of the lowest portion of the horizontal structural members of the lowest floor, whichever is applicable, as built, in relation to mean sea level. The elevation certificate shall be prepared by or under the direct supervision of a licensed land surveyor or professional engineer and certified by same. When flood-proofing is utilized for a particular building, the flood-proofing certificate shall be prepared by or under the direct supervision of a licensed professional engineer or architect and certified by same, Any further work undertaken prior to submission ~nd 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. 4.3 DUTIES AND RESPONSIBILITIES OF THE LOCAL ADMINISTRATOR Duties of the Local Administrator shall include, but not be limited to: 4.3-1 PERMIT APPLICATION REVIEW (1) Review all development permit applications to determine that the requirements of this local law have been satisfied. [2) Review all development permit applications to determine that all necessary permits have been obtained from thos~ Federal, State or local governmental agencies from which prior approval is required. [ 3) Review all development permit applications to determine if the proposed development adversely affects the flood carrying capacity of the area of special flood hazard. For the purposes of this local law, "adversely affects" means damage to adjacent properties because of rises in flood stages attributed to physical changes of the channel and the adiacent overbank areas. An engineering study may be required of the applicant for this purpose. 4.3-2 4.3-3 4.3-4 4.3-5 (i) If there is no adverse effect, then the permit shall be granted consistent with the provisioJ~s of this local Jaw. (ii) If there is an adverse effect, then flood damage mitigation measures shall be made a condition of the per mi t. (4) Review all development permits for compliance with the provisions of Section 5.1-5, Encroachments. USE OF OTHER BASE FLOOD DATA When base flood elevation data has not been provided in accordance with Section 3.2, BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD, the Local Administrator shall obtain, review and reasonably utilize any base flood elevation data available from a Federal, State or other source, including data de~veloped pursuant to Section 5.1-4[4) in order to administer Section 5.2, SPECIFIC' STANDARDS. INFORMATION TO BE OBTAINED AND MAINTAINED (1) Obtain and record the actual elevation, in relation to mean sea level, of the lowest floor, including basement or cellar of all new or substantially improved structures, and whether or not the structure contains a basement or cellar; (2) For all new or substantially improved flood-proofed structures: (i) obtain and record the actual elevation, in relation to mean sea level, to which the structure has been flood-proofed; and (ii) maintain the flood-proofing certifications required in Sections 5.1 and 5.2. (3) In coastal high hazard areas, certification shall be obtained from a registered professional engineer or architect that the provisions of Section 5.3-2[3) are met. Maintain for public inspection all records pertaining to the prowsions of this local law including variances when granted and Certificates of Compliance. ALTERATION OF WATERCOURSES Notify adjacent communities and the New York State Department of Environmental Conservation prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Regional Director, Federal Emergency Management Agency, Region I1, 26 Federal Plaza, New York, NY 10278. (2) Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished. INTERPRETATION OF FIRM BOUNDARIES The Local Administrator shall have the authority to make interpretations when there appears to be a conHict between the limits of the federally identified area of special flood hazard and actual field conditions. Base flood elevation data established pursuant to Section 3.2 and/or Section 4.3-2, when available, shall be used to accurately delineate the area of special flood hazards. The Local Administrator shall use flood information from any other authoritative source, including historical data, to establish the limits of' the area of special flood hazards when base flood elevations are not available. 4.3-6 4.3-7 STOP WORK ORDERS (1) All floodplain development found ongoing With~>ut an approved permit shall be subject to the issuance of a stop t ' ' """;~ work order issued by he Local Administrator. Di~5#egard of a stop work order shall be subject to the penalties described in Section 3.5 of this Local Law. (2) All floodplain development found noncompliant with the provisions of this law and/or the conditions of the approved permit shall be subject to the issuance of a stop work order issued by the Local Administrator. Disregard of a stop work order shall be subject to the penalties described in Section 3.5 of this Local Law. INSPECTIONS The Local Administrator and/or the developer's engineer or architect shall make periodic inspections at appropriate times throughout the period of construction in order to monitor compliance with permit conditions and enable said inspector to certify that the development is in compliance with the requirements of either the development permit or the approved variance. CERTIFICATE OF COMPLIANCE (1) It shall be unlawful to use or occupy or to permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted or wholly or partly altered or enlarged in its use or structure until a Certificate of Compliance has been issued by the Local Administrator stating that the building or land conforms to the requirements of this local law. [2) All other development occurring within the designated flood hazard area will~ have upon completion a Certificate of Compliance issued by the Local Administrator. All certifications shall be based upon the inspections conducted subject to Section 4.3-7 and/or any certified elevations, hydraulic information, floodproofing, anchoring requirements or encroachment analysis which may have been required as a condition of the approved permit. SECTION 5.0 PROVISIONS FOR FLOOD HAZARD REDUCTION 5.1 GENERAL STANDARDS In all areas of special flood hazards the following standards are required: 5.1-1 ANCHORING (1) All new construction and substantial iml-)~'ove,nents shall be anchored to prevent floLation, collapst.~, or lateral move~nent of the structure. [2) All manufactured homes shall be installed using methods and practices which minimize flood damage. Manufactured homes must be elevated and anchored to resist flotation, collapse, or lateral movement. Methods of anchoring may include, but are not to be limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable State and local anchoring requirements for resisting wind forces. 5.1-2 CONSTRUCTION MATERIALS AND METHODS (1) All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. (2) All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. 5.1-3 UTILITIES (1) (2) Electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. When designed for location below the base flood elevation, a professional engineer's or architect's certification is required; All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system; New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood wa~ers; and 5.1-4 (4) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. SUBDIVISION PROPOSALS (2) All subdivision proposals shall be consistent with the need to minimize flood damage; All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage; (3) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and (4) Base flood elevation data shall be provided for subdivision proposals and other proposed developments (including proposals for manufactured home parks and subdivisions) greater than either 50 lots or 5 acres. 5.1-5 ENCROACHMENTS All proposed development in riverine situations where no flood elevation data is available (unnumbered A Zones) shall be analyzed to determine the effects on the flood carrying capacity of the area of special flood hazards set forth in Section 4.3-1(3), Permit Review. This may require the submission of additional technical data to assist in the determi nation. 5.2 SPECIFIC STANDARDS In all areas of special flood hazards where base flood elevation data has been provided as set forth in Section 3.2 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD AREAS and Section 4.3-2, USE OF OTHER BASE FLOOD DATA, the following standards are required: 5.2-1 RESIDENTIAL CONSTRUCTION New construction and substantial improvements of any residential structure shall: (1) have the lowest floor, including basement or cellar, elevated to or above the base flood elevation; -9- 5.2-2 (2) have fully enclosed areas below the lowest floor that 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: (i) a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; (ii) the bottom of all such openings shall be no higher than one foot above the lowest adjacent finished grade; (iii) openings may be equipped with louvers, valves, screens or other coverings or devices provided they permit the automatic entry and exit of floodwaters. NONRESIDENTIAL CONSTRUCTION New ' construction and substantial improvements of any commercial, industrial or other non-residential structure, together with attendant utility and sanitary facilities, shall either: have the lowest floor, including basement or cellar, elevated to or above the base flood elevation; or be floodproofed so that the structure is watertight below the base flood level with walls substantially impermeable to the passage of water. All structural components located below the base flood level must be capable of resisting hydrostatic and hydrodynamic loads and the effects of bouyancy. (1) If the structure is to be elevated, fully enclosed areas below the base flood elevation shall be designed to automatically (without human intervention) allow for the entry and exit of floodwaters for the purpose of equalizing hydrostatic flood forces on exterior walls. Designs for meeting this requirement must either be certified by a licensed professional engineer or a licensed architect or meet the following criteria: (i) a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; (ii) the bottom of all such openings shall be no higher than one foot above the lowest adjacent finished grade; and (iii) openings may be equipped with louvers, valves, screens or other coverings or devices provided they permit the automatic entry and exit of floodwaters. (2) If the structure is to be floodproofed: (i) a licensed professional engineer or architect shall develop and/or review structural design, specifications, and plans for the construction, and shall certify that the design and methods of construction are in accordance with accepted standards of practice to make the structure watertight with walls substantially impermeable to the passage of water, wiLh structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of bouyancy; and (ii) a licensed professional engineer or licensed land surveyor shall certify the specific elevation (in relation to mean sea level to which the structure is flood p roo fed. The Local Administrator shall maintain on record a copy of all such certificates noted in this section, 5.2-3 CONSTRUCTION STANDARDS FOR AREAS OF SPECIAL FLOOD HAZARDS WITHOUT BASE FLOOD ELEVATIONS (1) New construction or substantial improvements of structures including manufactured homes shall have the lowest floor (including basement) elevated at least 2 feet above the highest adjacent grade next to the proposed foundation of the structure. (2) Fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically (without human intervention) allow for the entry and exit of floodwaters for the purpose of equalizi'ng hydrostatic flood forces on exterior walls. Designs for meeting this requirement must either be certified by a licensed professional engineer or a licensed architect or meet the following criteria: a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; (ii) the bottom of all such openings shall be no higher than one foot above the lowest adjacent finished grade; (iii) openings may be equipped with louvers, valves, screens or other coverings or devices provided they permit the automatic entry and exit of floodwaters. 5.3 COASTAL HIGH HAZARD AREA Coastal high hazard areas (V Zones) are located within the areas of special flood hazard established in Section 3.2. These areas have special flood hazards associated with high velocity waters from tidal surges and hurricane wave wash; therefore, the following provisions shall apply: 5.3-1 LOCATION OF STRUCTURES 5.3-2 Ail buildings or structures shall reach of the mean high tide. CONSTRUCTION STANDARDS (1) Elevation Standards. be located landward of the All new construction or substantial improvements shall be elevated on pilings, columns (or shear walls) such that 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 the level of the base flood so as not to impede the flow of water. (2) 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. Equations, procedures, and other guidance for determining and utilizing desig~ values for these loadings are available in the documents referenced .n Section 13. (i) Water Loads 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 manmade flow obstructions could cause wave runup beyond the elevation of the base flood.-~ -11- (ii) Wind Loads (a) 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 flow potentially from any lateral direction relative to the house. (b) Design wind pressures on a building and its components shall be derived from wind velocities associated With storms with a 100 year mean recurrence interval. The 100 year design wind velocity is to be taken as 95 mph. The design method to be used is that set forth by the American National Standards Institute, Section A58.1-1982. (3) Foundation Standards (i) 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 high velocity water loads acting simultaneously on alt 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). £~ (ii) [Spread footings and] fill' material shall not be used for structural supp. ort of a new building or substantial improvement of an existing structure. (4) Pile Foundation Design Standards (i) Pile Spacing The design ratio of pile spacing to pile diameter shall not be less than 8:1 for individual piles; however this would 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. (ii) Pile Embedment Pilings shall have adequate soil penetration (bearing capacity) to resist the combined wave and wind loads (lateral and uplift) associated with the Base Flood acting 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 5 feet below mean sea level (msl) datum if the BFE is +10 msl or less, or to at least 10 feet below msl if the BFE is greater than +10 msl. (iii) Column Action Pile foundation analysis shall also include consideration of pi les 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. -12- (iv) PiPe Standards The minimum acceptable sizes for timber piles are a top diameter of 8 inches for round timber piles and 8 by 8 inches for square timber piles. All wood piles must be treated [in accordance with requirements of AWPA~C3] to ~inim;ze decay and damage from fungus. Reinforced concrete piles shall be cast of concrete having a 28-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 percent nor more than 4 percent of the gross concrete area. Reinforcement 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. (v) Pile Installation Piles shall be drived by means of a pile driver or drop hammer, jetted, or augered into place.~ (vi) Bracing (a) Additional support for piles in the form of bracing may include lateral or diagonal bracing between piles.' (b) When necessary, piles shall be braced at the ground line in both directions by a wood timber grade beam or a reinfoced concrete grade beam. The, se at-grade supports should be securely attached to the piles to provide support even if' scout'-ed from beneath. (c) Diagonal bracing between piles, consisting of 2-inch by 8-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 vePtical plane along pile rows perpendicular to the shoreline. Galvanized steel rods (minimum diameter 1/2 inch) or cable type bracing is permitted in any plane. (d) 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 2-by-8 lumber bolted to the sides of the pile/beam, or 4-by-4 or larger braces framed into the pile/beam. Bolting shall consist of two 5/8-inch galvanized steel bolts (each end) for 2-by-8 members, or one 5/8-inch lag bolt (each end) for square members. Knee braces shall not extend more than 3 feet below the elevation of the base flood. (5) C~lumn Foundation Design Masonry piers .or poured-inzplace concrete piers shall be internally reinforced to resist vertical and lateral loads, and be connected with a moment-resisting connection to a pile cap or pile shaft. -13- (6) Anchoring Standards All buildings and structures must have all components adequately anchored and continuously connected from the foundation to tll'e roof, to prevent flotation, collapse, or permanent lateral movement during the Base Flood concurrent with the 100 year design wind velocity. (7) 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 princip~l,~ 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 prot'e~ted interior locations shall be fabricated from galvanized sheet. (8) 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 or 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 4 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 suffici'ent 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 percent. (9) Use of Space Below the Lowest Elevated Floor The space below the lowest floor of all new construction or any existing building that is being altered, repaired or improved after the effective date of this Local Law shall be either kept free of obstructions or constructed with non-supporting breakaway walls, open wood lattice-world, 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. (ii) The enclosed space below the lowest floor shall be used only for parking of vehicles, building access or storage. Use of this space for human habitation is expressly prohibited. The construction of stairs, stairwells and elevator shafts only are subject to the design requirements for breakaway walls in Section 5.3-2(10). (10) Breakaway Wall Design Standards A breakaway wall shall have a design safe loading resistance of not less than 10 and not more than 20 pounds per square foot. (ii) 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 pi les that support breakaway wails.) (iii) Use of breakaway walls exceeding a design safe loading resistance of 20 pounds per square foot are permitted only if a licensed professional engineer or architect certifies, in writing to the Local Administrator, that the designs proposed meet the following conditions: breakaway wall collapse shall result from a water load less than that which woUld occur during the base flood; and the elevated portion of the building and supporting foundation system shall 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. Maximum wind and water loading values to be used in this determination shall each have one percent chance of being equalled or exceeded in any given year (100-year mean recurrence interval). (11) Utilities All machinery and equipment servicing the building must be elevated to or above the level of the base flood, including heating, ventilating, and air conditioning equipment, hot water heaters, appliances, elevator lift machinery, and electrical junction and circuit breaker boxes. Sanitary sewer and storm drainage systems that have openings below the level of the base flood shall be provided with automatic backflow valves or other automatic backflow devices that are installed in each discharge line passing through a building exterior wall. (12) Certification Requirements For all new construction and substantial improvements to residential structures in the Coastal High Hazard Area, applications for development permits shall be accompanied by design plans and specifications, prepared in sufficient detail 'to enable~independent review of the foundation 'support and connection components to be used in meeting Sections 5.3-2(1-11) of this Law. Said plans and specifications sha~ll be developed or reviewed by a licensed professio.nal engineer or architect, and shall be accompanied by ~statement, bearing the signature of that architect or er~gineer, certifying that the design and methods of constrt~ction'to be used are in accordance with accepted standards of practice and with all applicable provisions of this Law. (13) Reference Documents Standard reference documents for use with this Law in determining design wind and water forces on structures are: Wind -- American National Standards Institute, Inc., Minimum Desic~n Loads for Buildings and Other Structures, ANSI A58.1-1982 (New York, 1982). Water Waterways Experiment Station, Shore Protection Manual, two volumes, Department of the Army, Corps of Engineers, Coastal Engineering Research Center (1984). Guidance on the application of information from above reference documents, together with other design data and procedures, is provided in: Federal Emergency Management Agency, Coastal Construction Manual (Washington, O.C., 1986). -15- 5.3-3 5.3-4 DISTURBANCE OF SAND DUNES There shall be no alteration of sand dunes which would increase potential flood damage. Any disturbance of sand and/or earthen material shall be conducted in strict compliance with State or 'local Coastal Erosion Hazard Area regulations. SUBMISSION AND MAINTENANCE OF CONSTRUCTION RECORDS The applicant for a Development Permit for all new construction or substantial improvements shall submit in writing to the Local Administrator the following: (i) a statement certifying whether or not the structure contains a basement; and '(ii) the elevation (in relation to mean sea level) of the bottom of the lowest structural member of the lowest floor of the structure. The elevation shall be certified by a licensed professional engineer or land surveyor. (2) The Local Administrator shall maintain a record of all information required under paragraph (1) of this Section. SEC-I:ION 6.0 VARIANCE PROCEDURE 6.1 APPEALS BOARD (1) 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 local law. {2) The Zoning Board of Appeals shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Local Administrator in the enforcement or administration of this local law. (3) Tho~ 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. (4) In passing upon such applications, the Zoning Board of Appeals shall consider all technical eyaluations, all relevant factors, standards specified in other sections of this local [aw and: (i) the danger that materials may be swept onto other lands to the injury of others; (ii) the danger to life and property due to flooding or erosion damage; (iii) the susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; (iv) the importance of the services provided by tile proposed facility to the community; (v) the necessity to the facility of a waterfront location, where applicable~ (vi) the availability of alternative locations for the proposed use which are not subject to flooding or erosion damage; (vii) the compatibility of the proposed use with existing and · anticipated development; .. (v, iiiJ the relationship of the proposed use to the comprehensive plan :,'--~'and flood plain management program of that area; (i~)"the safety of access to the property in times of flood for ordinary and emergency vehicles; (x) the cos[s to local governments and the dangers associated with conducting search and rescue operations during periods of floodi ng; (xi) the expected heights, velocity, duration, rate or rise, and sediment transport of the flood waters and the effects of wave action, if applicable, expected on the site; and (xii) the costs of providing governmental services during and after flood conditions, including search and rescue operations maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems and streets and bridges. (5) Upon consideration of the factors of Section 6.1(4) and the purposes of this local law, the Town of Southold may attach such conditions to the granting of variances as it deems necessary to further the purposes of this local law. 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. 6.2 CONDITIONS FOR VARIANCES (~) Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items {i-xii) in Section 6.1(4) have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases. (2) Variances may be issued for the reconstruction, rehabilitation or restoration of structures and contributing structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the contributing structures procedures set forth in the remainder of this section. (3) Variances may be issued by a community for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that: (i) the criteria of subparagraphs 1, 4, 5, and 6 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. (5) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. (6) Variances shall only be issued upon receiving written justification: (i) a showing of good and sufficient cause; Il. (ii] a determination that failure to grant the variance would result in exceptional hardship to the applicant; and (iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public or conflict with existing local laws or ordinances. (7} Any applicant to whom a variance is granted for a building with the lowest floor below the base flood elevation shall be given written notice tha~ the cost of flood insurance will be commensurate with the increased risk resulting from lowest floor elevation. This Local Law shall take effect upon it~ filing with the Secretary of State. -18- (Cumldete thc certificatiou intia; lutragraph which applies to the filiug of thi~local law mid strike out the matter therein xdlich is n.t applical~h~.) (Fiual adoption by hmal legislative body only.) L I herel)y certify that the local law annexed hereto, designated as h)cal law No ...... ~. .......... of I9B.7.... of the ~% ar ....$outhotd was duly passed by Town Board TOWII .......................... ' ................................ ~, (N ......... f l,,:giMutive lin,Iv) on....JgDg...¢. ............................ 19.~J... in'accordance with the applicable provisions of law. (Passagt.. hy Ioc~,l IegiMatiw., hody with approval or no disapproval by Elective Chief Executive Officer or repass:igc after disilppruval.) '2. I hereby certify that thc local taw annexed hereto, designated as loca l lawNo ..................... of /9 ........ Ct)ullt y City of the Town of ...................................... was duly passed hy ............................................................................................ Village t~q~ of l,egisla~.ive tlody) not disapproved on ............................................. 19 ........ and was approved by the ....................................................... repassed after disapproval Eh:crime Chief l':xeeutive Officer and was deemed duly adopted on .................................. 19 ....... , in accordance with the applicable provisions of law. (Final adoption b} referendum,) 3. I hereby certify that the local law annexed hereto, designated as local law No ................... of 19 .......... County of the City of ..... was duly passed by tile To w il .................................................................................................................... (Name of l,egistatiye llody) Village not disapproved on ................................................... 19 ........ and was approved by the ............................................................... repassed after disapproval Elective Chiel ~;xecutive Officer on .................................................................. 19 ........ 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 general thereon a~ ibc spoci;'d ~qcclio~. held im ...................................................... 19 ........ , in at'c~n'danc~'~ with the appli- cable provisions of law. (Subject to permissive referendum and final adoption hecause ua valid petition filed requesting referendmn.) 4. I hereby certify that the local law annexed hereto, designatedas local law No .................. of [9. ......... County City of the Town of ...................................... was duly passedby tm ..................................................... on tNume of l.egiMative llod~) Village IlOI digapl)row.d ..................................................... 19 ....... und was alqW~w.d by the. ....................................................... I'l'lJ;i,sslqJ ;IJ'h.r {JiNllJJjJl'{JviiJ I.:1,., lvl, IJhl,.I J.;~,.t JlllVl. ()JJi,q,r ............................................................ 19 ........ Sach I..al Jaw bJ'ing ,suhjcc I. ~1 i~l'rlnls);ivl, l'l'fl'l'l wdid i){qili(m i'C{lUCSling Silt'il ri'fcrendum having htq.n fiJm., sum h,',l JllW ...................................................................... 19 .... , iii accordance with Ihe apl)Ji(.aJ~Je prt)visi(ms t)f law. *Elective Chief Executive Officer means or includes tile chief executive officer of a county elected on a county-wide basis or if there he noue the chairman of tltc hlmrd of supervisors, thc ma)or of a city or village or tJJe supervisor of a town, where such officer i.'- vel'ted with puwer to approve or Vel0 Ioeal laws or ordinances; -'iq_ (Cit) local law conceruing Charter revisiun proposed by petition.) 5, I hcr, 4~) ~:m'til'y fi~.L thcl.cnl law;mucxed hereto, designated as local law N{~ ..................... of 19 ........ of the City o£ ........................................................... :.., laving been submitted to referendum pursuant to the provisions of 37 of Lhc Municipal Il. me Rule Law aud having received the affirmative vote of a maiority special election held ou .................................. of the qualified elector~ of such city voting thereon at the genera[ ................ 19 ............ became operative. (County local law concerning adoptiou of Charter.} 6. I hereby certify that the local law annexed hereto, designated as Local Law No ....... of 19'/ .... of the County of - ........................................ State of New York, having been sUblnitted to the Electors at the General Election o£ November ........... 19 ........... pursuant to subdivisions $ and 7 of Section 33 of the Muni- cipal Holne Rule Law and baying received the affirlnative vote of a majority of the qualified electors of the cities of said county as :, unit and of a majority- of the qualified electors of the towns of said couuty considered as a unit votiug at said general election, became operatiye (If any other authorized form of final adoption has been followed, please provide an appropriate ce~tification.] I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph ........... .1 ................ above. Clerk o! the hoard of Supervisors; ~>/~J~, 'town or Village Clerk or Officer designated by [.oc~t3'¢l*e, gisi~tive nady Judkh T. Terry, Town Clerk Date: June 5, 1987 (Seal) (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 ........... ~$ U...F...I5...O. J~ .g. ................... 1, the undersigned, hereby certify thai the foregoing local law contains the correct text and that all proper proceedings have been }tad or taken for the enactment of the local law a.aexed hereto. of ..... ..s...°..u.3...n..°..[9.. ....................................... Town Dated: June 5, 1987 -20- PUBliC HEARING SOUTHOLD TOWN BOARD JUNE 2, 1987 8:20 P.M. iN THE MATTER OF A PROPOSED "LOCAL LAW IN RELATION TO FLOOD DAMAGE PREVENTION." Present: Supervisor Francis J. Murphy Justice Raymond W. Edwards Councilman Paul Stoutenburgh Councilman James A. Schondebare Councilwoman Jean W. Cochran Councilman George l. Penny IV Town Clerk Judith T. Terry SUPERVISOR MURPHY: This is a public hearing on a proposed "Local law in relation to Flood Damage Prevention." The official notice is to be read to Council- man Stoutenburgh. COUNCILMAN STOUTENBURGH: "PUBLIC NOTICE is hereby given that there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 19th day of May, 1987, a Local Law entitled, "A Local Law in relation to Flood Damage Prevention." NOTICE IS FURTHER GIVEN that the Town Board of the Town of $outhold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, Main Road, $outhold, New York, on the 2nd day of June, 1987, at 8:20 o'clock P.M., at which time all interested persons will be heard. I. The Town Board of the Town of Southold, Suffolk County, New York 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 publically and privately owned, and injury to and loss of human life. In order to minimize the threat of such damages and to achiefe those purposes and objectives, this local law is proposed. Statement of Purpose: It is the purpose of this local law to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: (1) regulate uses which are dangerous to health, safety and property due to water or erosion hazards, or ~hich result, in damaging increases in erosion or in flood heights or velocities; (2) require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; (3) conrol the alteration of natural floodplains, stream channels, and natural protective barriers which are involved in the accommodation of flood waters; (4) control filling, grading, dredging and other development which may increase erosion or flood damages; (5) regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands; and (6) qualify and maintain for participation in the National Flood Insurance Program. Objectives: The objectives of this local law are: (1) to protect human life and health; (2) to minimize expenditures of public money for costly flood control projects; (3) to minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; (4) to minimize prolonged business interruptions; (5) to minimize damage to public facilities and utilities such as water and gas mains, electric, telephone, sewer lines, streets Page 2 - LL - Flood Damage and bridges located in areas of special flood hazard; (6) to help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas; (7) to provide that developers are notified that property is in an area of special flood hazard; and (8) to ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. The proposed law sets forth definitions as referred to in the general provisions. The general provisions include: The basis for establishing the areas of special flood hazard; interpretation, conflict with other laws; penalties for non-compliance; warning and disclaimer of liability. The Building Inspector shall be the Local Admin- istrator, and a Development Permit shall be obtained before the start of construction or any other development within the area of special flood hazard as established by th~ law. The duties and responsibilities of the Local Administrator are set forth in the law with respect to permit application review, use of other base flood data, information to be obtained and maintained, alteration of watercourses, interpretation of firm boundaries, stop work orders, inspections, Certificate of Compliance. General Standards include anchoring of all new construction and substantial improvements to prevent flotation, collapse, or lateral movement of the structure. Construction materials and methods and utilities are regulated. Specific Standards are set forth for residential construction nonresidential construction, areas of special flood hazards without base flood elevations, coastal high hazard area, location of structures. The Zoning Board of Appeals shall hear and decide appeals and requests for variances from the requirements of this local law under the variance procedure and conditions for variances set forth in the law. II. Chapter 46 of the Code of the Town of Southold, designated Floodplain Manage- ment and originally adopted by the Town Board of the Town of $outhold on March 11, 1980 as Local Law No. 1 of 1980, shall be repealed in its entirety and this proposed "Local Law in relation to Flood Damage Prevention", to be known as Chapter 46 of the Cede of the Town of Southold shall be enacted in its place and stead. Ill. This Local Law shall take effect upon its filing with the Secretary of State. Copies of the complete Local Law are available in the Office of the Town Clerk to any interested persons during business hours. Dated: May 19, 1987, Judith T. Terry, Southold Town Clerk." I have an affidavit of publication in The Suffolk Times and The Long Island Traveler-Watchman, and the Town Clerk's notice that it has been posted on the Town Clerk's Bulletin Board. SUPERVISOR MURPHY: Okay, you've heard the official reading of the notice of this proposed Local Law in relation to Flood Damage Prevention. Is there anyone here who would like to speak on behalf or against this proposed Local Law? Anyone on the left? The middle? Over on the right? Any Town Board members? Any comments ? COUNCILMAN PENNY: Yes, I think that just for clarification, this was not our idea. This came down to us from FEMA under the Federal Emergency Management Act, and it's an update of a law that's already been in effect, but they explain some of their standards and provisions a lot more clearly and made it more workable for the Building Department, and I think they've given a few more alternatives in the construction methods that are used in the VA and the high velocity and in the A zones. Plus, we have to adopt this law for the people within the Town to qualify for FEMA funds in case of an emergency. SUPERVISOR MURPHY: Thank you, George. Anyone else? Any other Town Board members? Yes, sir. Page 3- LL- Flood Damage AL MOYSE: My name is Al Moyse. I'm the President of the Rabbit Lane Association. We're in a Iow-lying area in comparison to much of the Town of Southold. Are there any maps connected with this proposed law? COUNCILMAN STOUTENBURGH: Yes. MR. MOYSE: They are on file? COUNCILMAN PENNY; It's the same maps that have been since the early 80's. The maps have not changed. MR. MOYSE: As far as construction is concerned. construction, what I've see in The Suffolk Times. encompass say where a house has been destroyed? or is that reconstruction? It makes reference to new Does new construction actually Would that be new construction, COUNCILMAN PENNY: It would be under reconstruction. MR. MOYSE: Reconstruction. Then this bill lends itself mostly to new construction. COUNCILMAN PENNY: New construction and reconstruction in the event of .... MR. MOYSE: And reconstruction also? COUNCILMAN PENNY: Yes. MR. MOYSE: Thank you. SUPERVISOR MURPHY: It's just replacing one that's in place. Making it a little more-'rnot tougher, I don't think--but more workable. Any other comments? (No response.) If not, I'll close the public hearing. 'Judith T. Terry ~ Southold Town Clerk LEGAL NOTICE NO'FlOE OF PUBLIC HEARING ON LOCAL LAW PUBLIC NOTICE is hereby given that ther~ has been presented to the Town Board of the Town of Southold, Suffolk County, New Y~ork, on the 19th day of May, 1987, a Local Law entitled, "A Local Law in rela- tion to Flood Damage Preven- tion.'' NOTICE. IS FI)RTHER GIVEN that the Town Board of the Town of Sduthold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, Main Road, Southold, New York, on the 2nd day nf June, 1987, at 8:20 o'clock P.M., at which time all interested persons will be heard. 1. The Town Board of the Town of Southold, Suffolk County, New York finds that the potential and/or actual damages from flooding and ero- sion may be a problem to the residents of the Town of Southold and that such damages may include: destruc- tion or loss of private and public housing, damage to public facilities, both publically ~nd privately owned, and injury to and loss of human life. In order to minimize the threat of such damages and ~!o achieve those purposes and objections, this local law is proposed. Statement of Purp_~s.e: It is t h~-~p,;r'i~e ~f t-~s ioca['~aw to promote the public health, safe- ty, and general welfare, and to minimize public and private losses due to flood conditions in speciHc areas by provisions designed to: (1) regulate uses which are dangerous to health, safety and property due to water or erosion hazards, or'which ~sult in damaging incia~ases~ 'in-;erbsion or in flood heights or velocities; (2) require that uses vulnerable to floods, including facilities which serve such uses, be protected agalhst Hood damage at the time of initial construction; (3) control the alteration 'of natural Hoodplains, stream channels, and natural protective barriers which are irlvolvedCin the accommodation of Hood waters; (4) control fdling, grading, dredging and other development which may increase erosion or Hood damages; (5) regulate tile construction of Hood barriere which will un- naturally divert Hood waters or which may increase flood hazards Io othe~r lands; and COUNTY OF SUFFOLK STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for ..................... ' ...... weeks successively, commencing on the ...................... day TFL. ....... Sworn to before me this ....... . .c.c.~.d.7 ~ ...... day of ...... ........... (6) qualify and maintain for participation in the National Flood Insurance Program. Obiectives: The Objectives of this local law are: (1) to protect human life and health; (2) to minimize expenditure of public money for costly flood control projects; (3) to minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the ex- pense of the general public; (4) to minimize prolonged business interruptions; (5) to minimize damage to public facilities and utilities such as water and gas mains, electric, telephone, sewer lines, streets and bridges located in areas of special flood hazard; ~ (6) to help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas; (7) to provide that developers are notified that property is in an area of special flood hazard; and (8) to ensure that those who occupy the areas of special · flood hazard assume respon- sibility for their actions. The proposed law sets forth definitions as referred toin the general provisions. The general provisions include: The basis for establishing the areas of special flood hazard; interpreta- tion, conflic ........ Notary Public BARBARA FORBES Notary Pub}ie, State of New York No. 480(;846 · Quail?lcd in 5;uilolk County warning and disclaimer of liability. The Building Inspector shall be the Local Administrator, and a Development Permit shall be obtained before the start of con- went within the area of Sl:~iai flood hazard as established by the law. The duties and respon- sibilities of the Local Ad- ministrator are set forth in the base flood data, information to be obtained and maintained, alteration of watercourses, in- terpretation of firm boundaries, Certificate of Compliance. General Standards include tion and substantial ira- t/on, collapse, or lateral move- utilities are regulated. Specific Standards are set forth for residential construction, areas of special flood hazards without base flood elevations, coastal high hazard area, location of structures. The Zoning Board of Ap- peals shall hear and decide ap- peals and requests for variances from the requirements of this local law under the variance procedure and conditions for variances set forth in the law. II. Chapter 46 of the Code of the Town of Southold, designated Floodplain Manage- ment and originally adopted by the Town Board of the Town of Southold on March 11, 1980 as Local Law No. I of 1980, shall be repealed in its entirety and this proposed "Local Law in relation to Flood Damage Prevention," to be known as Chapter 46 of the Code of the Town of Southold shall be enacted in its place and stead. III. This Local Law shall take effect upon its tiling with the Secretary of State. Copies of the complete Local Law are available in the Office of the Town Clerk to any in- terested persons during business hours. DATED: May 19, 1987. JUDITH T. TERRY, SOUTHOLD TOWN CLERK 1 T-$/28/87(2) Legal Notices LEGAL NOTIC'E NOTICE OF PUBLIC HEARING ON LOCAL LAW PUBLIC NOTICE is hereby given that there has been pre- sented to the Town Board of the Town of Southo[d, Suffolk County, New York, on the 19th day of May, 1987, a Local Law entitled, "A Local Law in reis- tion to Flood Damage Preven- NOTICE IS 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, Main Road, Soutbald, New York, on the 2nd day of June, 1987, at $:20 o'clock P.M., at which time all interested per- sons will be heard. I. The Town Board of the Town of Southold, Suffolk County, New York finds that the potential and/or actual damages from flooding and erosion may be a problem to the residents of the Tows of Southo]d and that such damages may include: de- struction or loss of private and public housing, damage to public facilities, beth publicafly and privately owned, and injury to and loss of human life. In order to minimize the threat of such damages and to achieve those purposes and objections, this local law is proposed. Statement of Purpose: It is the purpose of this local law to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions de- signed to: {llregu]ate uses which are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging flood heights or velocities: 12) require that uses ruiners- blt to floods, including facilities which serve such uses, be protected against flood damage at the time of initial constraction; (3) control the alteration of natural floodplains, stream cJumM~' mbl natural ~ tective ;Mrrters which are inveh~l in the darien of ~qaod Wat6rs; (4) control filling, grading, dredging and other de- velopment which may in- crease erosion or flood damages; (5)regulate the construction of flood barriers which will unnaturally divert flood water~ or which may crease flood hazards to other lands: and (6) qualify and maintain for participation in the Na- tiorml Flood Insurance Program. Objectives: The objectives of this l~cai law are: (1)to protect human life and health[ (2) to minimize expenditure of public money for costly flood control projects; (3) to minimize the need for rescue and relief efforts as- satiated with flooding and generally undertaken at the expense of the general public; (4) ts minimize prolonged bus- iness interruptions; (5) to minimize damage to public facilities and utilities such as water and gas mains, electric, tele- phone, sewer lines, streets and bridges located in areas of special flood hazard; (6) to help maintain a stable tax base by providing for the sound use and develop- ment of areas of special flood hazard so as ts minimize future flood blight areas; 17) to provide that developers are notified that property is in an area of special flood hazard~ and (8) to ensure that those who occupy the areas of special flood hazard assume re- sponsibility for their tions. The proposed law sets lbrth definitions as referred to in the general provisions. The general provisions include: The basis for establishing the areas of special flood hazard: interpretation, conflict with other laws; penal- ties for non-compliance; warning and disclaimer of liability. The Building Inspector shall be the Loeal Adaaini~,alor, and a D~velopmerA Pegm~ shall be obtained t~gOre the start of ton- struction or any other develop- ment within the area of special flood hazard as established by the law. The duties and respon- sibilities of the Local Adminis- trator are set forth in the law with respoact to permit apphca- tion review, use of other base flood data, information to be ob- tained and maintained, altera- tion of watercourses, interpreta- tion of firm boundaries, stop work orders, inspections, Certifi- cats of Compliance. General Standards include an- choring of all new construction and substantial improvements to prevent flotation, collapse, or lateral movement of the struc- ture. Construction materials and methods and utilities are regulated. Specific Standards are set forth for residential con- struction, nonresidential con- struction, areas of special flood hazard~ without base flood ele- vations, coastal high hazard a~, location of structures. STATE OF NEW YORK ) ) SS: COUNTY OFSUFFOLK ) Richard Williams of Greenport, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Greenport, 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 _ weeks successively, commencing on the. 2 8'ch day of May 19 87 Principal Clerk Sworn to b,~m. this ~ day of /////~(-? - MARY K The Zoning Board of Appeals shall hear and decide appeals and requests for variances from the requirements of this local law under the variance proc~ dure and conditions for vari- ances set forth in the law. II. Chapter 46 of the Cede of the Town of Southold, desig- nated Floodplain Management and originally adopted by the Town Board of the Town of Southold on March 11, 1980 as Local Law No. 1 of 1980, shall be repealed in its entirety and this proposed "Local Law in rela- tion to Flood Damage Preven- tion'', to be known as Chapter 46 of the Code of the Town of South- old shall I~e enacted in its place and stead. III. This Local Law shall take effect upon its filing with the Secretary of Stats. Copies of the complete Local Law are available in the Office of the Town Clerk to any in- terested persons during business hours. DATED: May 19, 19~7. JUDITH T. TERRy SOUTHOLD TOWN CLERK 1TM28-5612