HomeMy WebLinkAboutLL-1993 #16LOCAL LAW NO. 16 , 1993
A Local Law in Relation to Flood Damage Prevention
BE IT ENACTED, by the Town Board of the Town of Southold as follows:
I. Chapter it6 (Flood Damage Prevention) of the Code of the Town of
Southold is hereby deleted in its entirety, and a new Chapter 46 (Flood
Damage Prevention) is hereby adopted to read as follows:
Chapter
FLOOD DAMAGE PREVENTION
§46.1. Statutory Authorization and Purpose.
§ ~t6.1-1. Findings.
The Town Board of the Town of Southold finds that
the'potential and/or actual damages from flooding and
erosion may be a problem to the residents of the Town
of Southold and that such damages may include: destruc-
tion or loss of private and public housing, damage to
public facilities, both publicly and privately owned,
and injury to and loss of human life. In order to
minimize the threat of such damages and to achieve
the purposes and objectives hereinafter set forth,
this local law is adopted.
§ ~6.1-2. Statement of Purpose.
It is the purpose of this chapter to promote the
public health, safety, and general welfare, and to
minimize public and private losses due to flood condi-
tions in specific areas by provisions designed to:
Ao
Regulate uses which are dangerous to health.
safety and property due to water or erosion
hazards, or which result in damaging increases
in erosion or in flood heights or velocities.
Require that uses vulnerable to floods, includ-
ing facilities which serve such uses. be
protected against flood damage at the time of
initial construction,
Control the alteration of natural floodplains.
stream channels, and natural protective barriers
which are involved in the accommodation of flood
waters.
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.
Qualify and maintain for participation in the
National Flood Insurance Program.
§ 46.1-3. Objectives.
The objectives of this local law are:
A. To protect human life and health.
B. To minimize expenditure of public money for
costly flood control projects.
Co
To minimize the need for rescue and relief
efforts associated with flooding and general-
ly undertaken at the expense of the general
public.
D. To minimize prolonged business interruptions.
-2-
To minimize damage to public facilities and
utilities such as water and 9as 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.
To ensure that those who occupy the areas of
special flood hazard assume responsibility for
their actions,
Definitions.
Unless specifically defined below, words or
phrases used in this local law shall be inter-
preted so as to give them the meaning they have
in common usage and to give this local law its
most reasonable application,
"Appeal" - A request for a review of the
Local Administrator's interpretation of any
provision of this Local Law or a request for
a variance.
"Area of shallow flooding" - A designated
AO. AH or VO Zone on a community's Flood
Insurance Rate Map (FIRM) with a one percent
or greater annual chance of flooding to an
average annual depth of one to three feet
where a clearly defined channel does not
exist, where the path of flooding is charac-
terized by ponding or sheet flow.
"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. Al-A30. A99. V. VO. VE.
or V1-V30. It is also commonly referred to as
the base floodplain or 100-year floodplain,
"Base flood" - The flood having a one per-
cent chance of being equalled or exceeded in
any given year.
-3-
"Basement" - That portion of a building
having its floor subgrade (below ground level)
on all sides,
"Breakawa¥ wall" - A wall that is not part
of the structural support of the building and
is intended through its design and construction
to collapse under specific lateral loading forces
without causing damage to the elevated portion
of the building or the supporting foundation
system,
"Building" - See "Structure"
"Cellar" - Has the same meaning as "Basement".
"Coastal high hazard area" - An area of
special flood hazard extending from offshore
to the inland limit of a primary frontal dune
along an open coast and any other area subject
to.hig, h velocity wave action from storms or
seismic sources. The area is designated on
FIRM as Zone VI-V30. VE,
VO OR V.
"Development" - Any man-made change to
improved or unimproved real estate, including
but not limited to buildings or other structures,
mining, dredging, filling, paving, excavation or
drilling operations or storage of equipment or
materials.
"Elevated building" - A non-basement building
(i) built in the case of a building in Zones
Al-A30. AE. A. A99, AO, AH. B. C. X, or D. to have
the top of the elevated floor, or in the case of a
building in Zones V1-30. VE. or V. to have the
bottom of the lowest horizontal structure member
of the elevated floor elevated above the ground
level by means of pilings, columns (posts and
piers), or shear walls parallel to the flow of
the water and (ii) adequately anchored so as not
to impair the structural integrity of the build-
ing during a flood of up to the magnitude of
the base flood. In the case of Zones Al-A30. AE.
A. A99. AO. AH. B, C. X. of D. "elevated building"
also includes a building elevated by means of
fill or solid foundation perimeter walls with
openings sufficient to facilitate the unimpeded
movement of flood waters. In the case of Zones
V1-V30, VE. or V. "elevated building" also
includes a building otherwise meeting the
definition of "elevated building", even though
the lower area is enclosed by means of breakaway
walls that meet the federal standards.
"Existing manufactured home park or
subdivision" - A manufactured home park or
subdivision for which the construction of
facilities for servicing the lots on which the
manufactured homes are to be affixed (including.
at a minimum, the installation of utilities.
the construction of streets, and either final
site grading or the pouring of concrete pads)
is complete before the effective date of the
floodplain management regulations adopted by
the community.
"Expansion to an existing manufactured home
park or subdivision" - The preparation
of additional sites by the construction of
facilities for servicing the lots on which
the manufactured homes are to be affixed
(including the installation of utilities.
the construction of streets, and either final
site grading or the pouring of concrete pads),
"Federal Emergency Management Agency" - the
Federal agency that administers the National
Flood Insurance Program.
"Flood" or "Flooding" - A general and
temporary condition of partial or complete
inundation of normally dry land areas from:
{1) the overflow of inland or tidal waters;
(2) the unusual and rapid accumulation or
runoff of surface waters from any source.
"Flood" or "flooding" also means the collapse or
subsidence of land along the shore of a lake or
other body of water as a result of erosion or
undermining caused by waves or currents of water
exceeding anticipated cyclical levels or suddenly
caused by an unusually high water level in a natural
body of water, accompanied by a severe storm, or
by an unanticipated force of nature, such as a
flash flood or an abnormal tidal surge, or by some
similarly unusual and unforeseeable event which
results in flooding as defined in (1) above.
-5-
"Flood Boundary and Floodway Map (FBFM)" -
An official map of the community published by
the Federal Emergency Management Agency as part
of a riverine community's Flood Insurance Study.
The FBFM delineates a Regulatory Floodway along
water courses studied in detail in the Flood
Insurance Study.
"Flood Elevation Study" - An examination,
evaluation and determination of the flood hazards
and. if appropriate, corresponding water surface
elevations, or an examination, evaluation and
determination of flood- related erosion hazards.
"Flood Hazard Boundary Map (FHBM)" - an official
map of a community, issued by the Federal
Emergency Management Agency, where the boundaries
of the areas of special flood hazard have been
designated as Zone A but no flood elevations are
provided.
"Flood Insurance Rate Map (FIRM)" - An official
map of a community, on which the Federal Emergency
Management Agency has delineated both the areas
of special flood hazard and the risk premium
zones applicable to the community.
"Flood Insurance Study" - see "flood elevation
study".
"Floodplain" or "Flood-prone area" - Any land
area susceptible to being inundated by waterfrom
any source (see definition of "Flooding").
"FIo~dproofing" - Any combination of structural
and non-structural additions, changes, or adjust-
ments to structures which reduce or eliminate
flood damage to real estate or improved real
property, water and sanitary facilities, struc-
tures and their contents.
"Floodway" - has the same meaning as" Regulatory
Floodway".
"Functionally dependent use" - A use cannot
perform its intended purpose unless it is located
or carried out in close proximity to water, such
as a docking or port facility necessary for the
loading and unloading of cargo or passengers.
shipbuilding, and ship repair facilities. The
term does not include long-term storage, manufac-
turing, sales, or service facilities,
-6-
"Highest adjacent grade" - The highest natural
elevation of the ground surface, prior to construc-
tion, next to the proposed walls of a structure.
"Historic structure~" - any structure that is:
listed individually in the National
Register of Historic Places (a listing
maintained by the Department of the
Interior) or preliminarily determined
by the Secretary of the Interior as
meeting the requirements for individual
listing on the National Register;
certified or preliminarily determined by
the Secretary of the Interior as contri-
buting to the historical significance of
a registered historic district or a dis-
trict preliminarily determined by the
Secretary to qualify as a registered
historic district;
individually listed on a state inventory
of historic places in states with historic
preservation programs which have been
approved by the Secretary of the Interior;
or
individually listed on a state inventory
of historic places in states with historic
preservation programs that have been
certified either:
by an approved state program as deter-
mined by the Secretary of the Interior
or
(2)
directly by the Secretary of the
Interior in states without approved
programs.
"Local Administrator" - Is the person appointed by the
community to administer and implement this local law
by 9ranting or denying development permits in accord-
ance with its provisions. This person is often the
Code Enforcement Officer, Buildin9 Inspector or
employee of an engineering department.
"Lowest Floor" - Lowest floor of the lowest enclosed
area (including basement or cellar). An unfinished
or flood resistant enclosure, usable solely for
parking of vehicles, building access, or storage in
an area other than a basement area is not considered
-7-
a building's lowest floor; provided, that such
enclosure is not built so as to render the struc-
ture in violation of the applicable non-elevation
design requirements of this Local Law.
"Manufactured home" - A structure, transpor-
table in one or more sections, which is built
on a permanent chassis and designed to be used
with or without a permanent foundation when
connected to the required utilities. The term
does not include a "Recreational vehicle".
"Manufactured home park or subdivision" - A
parcel (or contiguous parcels) of land divided
into two or more manufactured home lots for rent
or sale.
"Mean Sea Level" - For purposes of the National
Flood Insurance Program, the National Geodetic
Vertical Datum (NCVD) 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 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" - Structures for which
the "start of construction" commenced on or
after the effective date of a floodplain
management regulation adopted by the community
and includes any subsequent improvements to
such structure.
"New manufactured home park or subdivision" -
A manufactured home park or subdivision for which
the construction of facilities for servicing the
lots on which the manufactured homes are to be
affixed (including at a minimum, the installa-
tion of utilities, the construction of streets.
and either final site grading or the pouring of
concrete pads) is completed on or after the
effective date of floodplain management regula-
tions adopted by a community.
-8-
"One hundred year flood" or "100-year flood" - Has
the same meaning as nBase Floodn.
"Primary frontal dune" - A continuous or
nearly continuous mound or ridge of sand wi'th
relatively steep seaward and landward slopes
immediately landward and adjacent to the beach
and subject to erosion and overtopping from high
tides and waves during major coastal storms,
The inland limit of the primary frontal dune
occurs at the point where there is a distinct
change from a relatively steep slope to a
relatively mild slope.
"Principally Above Cround" - That at least
51 percent of the actual cash value of the
structure, excluding land value, is above ground,
"Recreational vehicle" - A vehicle which is:
A. built on a single chassis;
400 square feet or less when measured
at the largest horizontal projections;
C. designed to ve self-propelled or perma-
nently towable by a light duty truck; and
not designed primarily for use as a
permanent dwelling but as temporary liv-
ing quarters for recreational, camping.
travel, or seasonal use.
"Regulatory Floodway" - The channel of a river
or other watercourse and the adjacent land areas
that must be reserved in order to discharge the
base flood without cumulatively increasing the
water surface elevation more than a designated
height as determined by the Federal Emergency
Management Agency in a Flood Insurance Study or
by other agencies as provided in Section ~,u,-;~
of this Law.
"Sand Dunes" - Naturally occurring accumula-
tions of sand in ridges or mounds landward of
the beach.
"Start of const~'uction" - Includes substantial
improvement and means the initiation, excluding
planning and design, of any phase of a project.
-9-
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 place-
ment and/or installation on the property of
accessory buildings (garages, sheds) storage
trailers, and building materials. For manufac-
tured homes the "actual start" means affixing of
the manufactured home to its permanent site.
"Structure" - A walled and roofed building.
including a gas or liquid storage tank. that
is principally above ground, as well as a manu-
factured home.
"Substantial damage" - Damage of any origin
sustained by a structure whereby the cost of
restoring and structure to its before damaged
condition would equal or exceed 50 percent of
the market value of the structure before the
damage occurred.
"Substantial improvement" - Any reconstruction,
rehabilitation, addition, or other improvement
of a structure, the cost of which equals or
exceeds 50 percent of the market value of the
structure before the "start of construction" of
the improvement. The term includes structures
which have incurred "substantial damage", regard-
less of the actual repair work performed. The
term does not, however, include either:
any project for improvement of a struc-
ture to correct existing violations of
state or local health, sanitary, or
safety code specifications which have
been identified by the local code
enforcement official and which are the
minimum necessary to assure safe living
conditions; or
any alteration of a "Historic structure",
provided that the alteration will not
preclude the structure's continued desig-
nation as a "Historic structure".
-10-
"Variance" - A grant of relief from the require-
ments of this local law which permits construction
or use in a manner that would otherwise be prohibited
by this local law.
General Provisions.
§ 46.3-1. Lands to which this Local Law applies.
This local law shall apply to all areas of special
flood hazard within the jurisdiction of the Town of
Southold
§ 46.3-2. Basis for establishing the areas of special
flood hazard.
The areas of special flood hazard are identified and
defined on the following documents prepared by the Federal
Emergency Management Agency:
Flood Insurance Rate Map (multiple panels) Index
No, 360813 0001 - 0120, whose effective date is
August 16. 1993.
A scientific and engineering report entitled
"Flood Insurance Study, Town of Southold. New
York, Suffolk County" dated August 16. 1993.
The above documents are hereby adopted and declared
to be a part of this Local Law, The Flood Insurance Study
and/or maps are on file at: the office of the Town Clerk,
§ ~6.3-3. Interpretation and conflict with other laws.
This Local Law includes all revisions to the National
Flood Insurance Program through November 1. 1989 and shall
supersede all previous laws adopted for the purpose of
flood damage prevention.
In their interpretation and application, the provi-
sions 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,
-11-
§ ~6.3-tt. Severability.
The invalidity of any section or provision of this
local law shall not invalidate any other section or
provision thereof.
§ ~6.3-5. Penalties for non-compliance.
No structure in an area of special flood hazard
shall hereafter be constructed, located, extended, con-
verted, 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, includ-
ing 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 require-
ments 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 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 on approved variance under Section 46.6 will
be declared non-compliant and notification sent to
the Federal Emergency Management Agency.
§ q6.3-6. Warning and disclaimer of liability.
The degree of flood protection required by this
local law is considered reasonable for regulatory
purposes and is based on scientific and engineering
considerations. Larger floods can and will occur on
rare occasions. Flood heights may be increased by
man-made or natural causes. This local law does not
imply that land outside the area of special flood
hazards or uses permitted within such areas will be
free from flooding or flood damages, This local law
shall not create liability on the part of the Town
of 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 thereunder.
-12-
§ ~6.4. Administration
§ q6.4-1. Designation of the local administrator.
The Building Inspector is hereby appointed Local
Administrator to administer and implement this local
law by granting or denying floodplain development
permits in accordance with its provisions.
§ q6.q-2. The floodplain development permit.
§ q6.a-2(1). Purpose.
A floodplain development permit is hereby
established for all construction and other develop-
ment ot be undertaken in areas of special flood
hazard in this community for the purpose of protec-
ting its citizens from increased flood hazards and
insuring that new development is constructed in a
manner that minimizes its exposure to flooding,
It shall be unlawful to undertake any development
in an area of special flood hazard, as shown on
the Flood Insurance Rate Map enumerated in Section
46.3-2. without a valid floodplain development permit.
Application for a permit shall be made on forms
furnished by the Local Administrator and may include.
but not be limited to; plans, in duplicate, drawn
to scale and showing: the nature, location, dimen-
sions, and elevations of the area in question;
existing or proposed structures, fill. storage of
materials, drainage facilities, and the location
of the foregoing,
§ ~6.~l-2(2). Fees.
All applications for a floodplain development
permit shall be accompanied by an application fee of
$100,00. In addition, the applicant shall be
responsible for reimbursing the Town of Southold
for any additional costs necessary for review.
inspection and approval of this project, The Local
Administrator may require a deposit of no more than
$500.00 to cover these additional costs.
§ ~6.q-3. Application for a permit.
The applicant shall provide at least the following
information, where applicable. Additional information
may be required on the permit application form,
-13-
Ao
The proposed elevation, in relation to mean
sea level, of the lowest floor (including
basement or cellar) of any new or substantial-
ly improved structure to be located in Zones
Al-A30. AE or AH. of Zone A if base flood
elevation data are available. Upon completion
of the lowest floor, the perm,tee shall submit
to the Local Administrator the as-built eleva-
tion. certified by a licensed professional
engineer or surveyor.
The proposed elevation in relation to mean
sea level, of the bottom of the lowest struc-
tural member of the lowest floor (excluding
pilings and columns) of any new or substantial-
ly improved structure to be located in Zones
V1-V30 or VE. or Zone V if base flood elevation
data are available. Upon completion of the
lowest floor, the perm,tee shall submit to the
Local Administrator the as-built elevation.
certified by a licensed professinal engineer
or surveyor.
The proposed elevation, in relation to mean
sea level, to which any new or substantially
improved non-residential structure will be
floodproofed. Upon completion of the flood-
proofed portion of the structure, the permitee
shall submit to the Local Administrator the
as-built floodproofed elevation, certified by a
professional engineer or surveyor.
A certificate from a licensed professional
engineer or architect hat any utility flood-
proofing will meet the criteria in Section
46.5-2(3). UTILITIES.
A certificate from a licensed professional
engineer or architect that any non-residential
floodproofed structure will meet the floodproof-
ing criteria in Section 46.5-5. NON-RESIDENTIAL
STRUCTURES (EXCEPT COASTAL HIGH HAZARD AREAS).
A description of the extent to which any water-
course will be altered or relocated as a result
of proposed development. Computations by a
licensed professional engineer must be submitted
that demonstrate that the altered or relocated
segment will provide equal or greater conveyance
than the original stream segment. The applicant
Go
must submit any maps. computations or other
material required by the Federal Emergency
Management Agency (FEMA) to revise the documents
enumerated in Section 46.3-2. when notified by the
Local Administrator, and must pay any fees or
other costs assessed by FEMA for this purpose,
The applicant must also provide assurances that
the conveyance capacity of the altered or
relocated stream segment will be maintained.
A technical analysis, by a licensed profes-
sional engineer, if required by the Local
Administrator, which shows whether proposed
development to be located in an area of
special flood hazard may result in physical
damage to any other property.
In Zone A, when no base flood elevation data
are available from other sources, base flood
elevation data shall be provided by the permit
applicant for subdivision proposals and other
proposed developments (including proposals
for manufactured home and recreational vehicle
parks and subdivisions) that are greater than
either 50 lots or 5 acres.
In Zones V1-V30 and YE, and also Zone V if
base flood elevation are available, designs
and specifications, certified by a licensed
professional engineer or architect, for any
breakaway walls in a proposed structure with
design strengths in excess of 20 pounds per
square foot·
In Zones V1-V30 and VE. and also Zone V if
base flood elevation are available, for all
new and substantial improvements to structures,
floodplain development permit applications
shall be accompanied by design plans and
specifications, prepared in sufficient detail
to enable independent review of the foundation
support and connection components. Said plans
and specifications shall be developed or
reviewed by a licensed professional engineer
or architect, and shall be accompanied by a
statement, bearing the signature of the archi-
tect or engineer, certifying that the design
and methods of construction to be used are in
accordance with accepted standards of practice
and with all applicable provisions of this
local law.
-15-
§~6.~,-~. Duties and responsibilities of the Local
Administrator.
Duties of the Local Administrator shall include, but
not be limited the following.
§46.4-~( 1 ).
Permit application review.
The Local Administrator shall conduct the following
permit application review before issuing a flood-
plain development permit:
Ao
Review all applications for completeness.
particularly with the requirements of
subsection 46,4-3. Application for a Permit,
and for compliance with the provisions
and standards of this law,
Bo
Review subdivision and other proposed new
development, including manufactured home
parks to determine whether proposed build-
ing sites will be reasonably safe from
flooding. If a proposed building site is
located in an area of special flood hazard,
all new construction and substantial
improvements shall meet the applicable
standards of Section 46.5 Construction
Standards and. in particular, sub-section
46.5-1 | 2 ). Subdivision Proposals.
Co
Determine whether any prooosed development
in an area of special flood hazard may
result in physical damage to any other
property (e,g.. stream bank erosion and
increased flood velocities). The Local
Administrator may require the applicant
to submit additional technical analyses
and data necessary to complete the deter-
mination.
If the proposed development may result
in physical damage to any other property
or fails to meet the requirements of
Section 46.5, Construction Standards, no
permit shall be issued. The applicant
may revise the application to include
measures that mitigate or eliminate the
adverse effects and re-submit the appli-
cation.
-16-
Dw
Determine that all necessary permits
have been received from those governmen-
tal agencies from which approval is
required by State or Federal law.
§.q6.4-4(2). Use of other flood data.
When the Federal Emergency Management
Agency has designated areas of special
flood hazard on the community's Flood
Insurance Rate map (FIRM) but has
neither produced water surface eleva-
tion data (these areas are designated
Zone A or V on the FIRM) nor identified
a floodway, the Local Administrator shall
obtain, review and reasonably utilize
any base flood elevation and floodway
data available from a Federal. State or
other source, including data developed
pursuant to paragraph q6.3(H) as criteria
for requiring that new construction, sub-
stantial improvements or other proposed
development meet the requirements of this
law,
Bo
When base flood elevation data are not
available, the Local Administrator may
use flood information from any other
authoritative source, such as historical
data. to establish flood elevations within
the areas of special flood hazard, for the
purposes of this law,
§~.4-q(3).
Alteration of watercourses.
Ao
Notification to adjacent communities and
the New York State Department of
Environmental Conservation prior to
permitting any alteration or relocation
of a watercourse, and submittal of evi-
dence of such notification to the
Regional Director, Region II, Federal
Emergency Management Agency.
Determine that the permit holder has
provided for maintenance within the
altered or relocated portion of said
watercourse so that the flood carrying
capacity is not diminished.
-17-
Construction Stage.
In Zones Al-A30, AE and AH, and also
Zone A if base flood elevation data
are available, upone placement of the
lowest floor or completion of flood-
proofing of a new or substantially
improved structure, obtain from the
permit holder a certification of the
as-built elevation of the lowest floor
or floodproofed elevation, in relation
to mean sea level. The certificate
shall be prepared by or under the direct
supervision of a licensed land surveyor
or professional engineer and certified
by same. For manufactured homes, the
permit holder shall submit the certifi-
cate of elevation upon placement of the
structure on the site. A certificate
of elevation must also be submitted for
a recreational vehicle if it remains on
a site for 180 consecutive days or
longer lunless it is fully licensed and
ready for highway use).
In Zones V1-V30 and VI:, and also Zone V
if base flood elevation data are avail-
able, upon placement of the lowest floor
of a new or substantially improved struc-
ture, the permit holder shall submit to
the Local Administrator a certificate of
elevation, in relation to mean sea level,
of the bottom of the lowest structural
member of the lowest floor (excluding
pilings and columns). For manufactured
homes, the permit holder shall submit the
certificate of elevation upon placement
of the structure on the site. An eleva-
tion certificate must also be submitted
for a recreational vehicle if it remains
on a site 180 consecutive days or longer
lunless it is fully licensed and ready
for highway use).
Any further work undertaken prior to
submission and approval of the certifi-
cation 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 immedi-
ately corrected.
-18-
Inspections.
The Local Administrator and/or the developer's
engineer or architect shall make periodic inspec-
tions at appropriate times throughout the period
of construction in order to monitor compliance
with permit conditions and enable said inspector
Lo certify, if requestedl that the development
is in compliance with the requirements of the
floodplain development permit and/or any variance
provisions.
Stop work orders.
The Local Administrator shall issue, or
cause to be issued, a stop work order
for any floodplain development found
ongoing without a development permit.
Disregard of a stop work order shall
subject the violator to the penalties
described in Section 46.3-5 of this local
law.
Bo
The Local Administrator shall issue, or
cause to be issued, a stop work order
for any floodplain development found non-
compliant with the provisions of this law
and/or the conditions of the development
permit. Disregard of a stop work order
shall subject the violator of the penal-
ties described in Section z~6.3-5 of this
local law.
§ 46.4-4(7). Certificate of Compliance.
In areas of special flood hazard, as
determined by documents enumerated in
Section 46.3-2, it shall be unlawful to
occupy or to permit the use or occupancy
of any building or permises, 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.
-19-
A certificate of compliance shall be
issued by the Local Administrator
upon satisfactory completion of all
development in areas of special flood
hazard.
Issuance of the certificate shall be
based upon the inspections conducted
as prescribed in Section 46.4-4~5).
Inspections. and/or any certified
elevations, hydraulic data. flood-
proofing, anchoring requirements or
encroachment analyses which may have
been required as a condition of the
approved permit.
§ 46.4-4(8). Information to be retained.
The Local Administrator shall retain and
make available for inspection, copies of the
following:
A. Floodplain development permits and
certificates of compliance;
Certifications of as-built lowest
floor elevations of structures.
required pursuant to sub-sections
46,4-4(4)(A) and 46.4-4(4)(B) of section
46,4-4. Construction Stage. and whether
or not the structuires contain a base-
ment;
Floodproofing certificates required
pursuant to sub-sections 46.4-4(4)(A) of
Section 46.4-4, Construction Stage, and
whether or not the structures contain
a basement;
Certifications required pursuant to sub-
section 46.5-4(14), Breakaway wall design
standards, and paragraph (10) of Section
46.4-3, Application for a permit;
Variances issued pursuant to Section
46.6. Variance procedures; and,
Notices required under sub-section
46.4-4(3). Alteration of Watercourses.
-20-
§tl6.5. Construction Standards.
§q6.5-1. General Standards
The following standards apply to new development,
including new and substantially improved structures,
in the areas of special flood hazard shown on the Flood
Insurance Rate Map designated in Section 46.3-3.
§q6.5-1(1). Coastal High Hazard Areas.
The following requirements apply within Zones
V1-V30, VE and V:
Ao
All new construction, including manu-
factured homes and recreational vehicles
on site 180 days or longer and not fully
licensed for highway use. shall be
located landward of the reach of high
tide.
The use of fill for structural support
of buildings, manufactured homes or
recreational vehicles on site 180 days
or longer is prohibited.
Co
Man-made alteration of sand dunes which
would increase potential flood damage is
prohibited,
§ q6.5-112J. Subdivision proposals.
The following standards apply to all new sub-
division proposals and other proposed development
in areas of special flood hazard (including pro-
posals for manufactured home and recreational
vehicle parks and subdivisions):
A. Proposals shall be consistent with the
need to minimize flood damage;
Bo
Public utilities and facilities such as
sewer, gas. electrical and water systems
shall be located and constructed so as
to minimize flood damage; and.
C. Adequate drainage shall be provided to
reduce exposure to flood damage.
-21 -
§ ~16.5-1 (3). Encroachments.
Within Zones Al-A30- and AE. on streams
without a regulatory floodway, no new
construction, substantial improvements
or other development (including fill)
shall be permitted unless:
(1)
the applicant demonstrates that
the cumulative effect of the pro-
posed development, when combined
with all other existing and antici-
pated development, will not increase
the water surface elevation of the
base flood more than one foot at
any location, or,
{2}
the Town of Southold agrees to apply
to the Federal Emergency Management
Agency (FEMA) for a conditional FIRM
revision. FEMA approval is received
and the applicant provides all neces-
sary data. analyses and mapping and
reimburses the Town of Southold for
all fees and other costs in relation
to the application. The applicant
must also provide all data. analyses
and mapping and reimburse the Town
of Southold for all costs related
to the final map revision,
Bo
On streams with a regulatory floodway, as
shown on the Flood Boundary and Floodway
Map or the Flood Insurance Rate Map
adopted in Section ~6.3-2. no new con-
struction, substantial improvements or
other developments in the floodway (includ-
ing fill) shall be permitted unless:
ll)
a technical evaluation by a licensed
professional engineer shows that
such an encroachment shall not
result in any increase in flood
levels durin9 occurrence of the
base flood, or.
(2)
the Town of Southold agrees to apply
to the Federal Emergency Management
Agency (FEMA) for a conditional
-27-
FIRM and floodway revision. FEMA
approval is received and the appli-
cant provides all necessary data.
analyses and mapping and reimburses
the Town of Southold for all fees
and other costs in relation to the
application. The applicant must
also provide all data. analyses and
mapping and reimburse the Town of
Southold for all costs related to
the final map revisions.
§ 46.5-7. Standards for all structures.
§ 46.5-2{ 1). Anchoring.
New structures and substantial improve-
ment to structures in areas of special
flood hazard shall be anchored to prevent
flotation, collapse, or lateral movement
during the base flood, This requirement
is in addition to applicable State and
local anchoring requirements for resisting
wind forces.
§ q6.5-2(2). Construction materials and methods.
New construction and substantial improve-
ments to structures shall be constructed
with materials and utility equipment
resistant to flood damage,
New construction and substantial improve-
ments to structures shall be constructed
using methods and practices that mini-
mize flood damage.
For enclosed areas below the lowest floor
of a structure within Zones Al-A30. Ae or
AH. and also Zone A if base flood eleva-
tion data are available, new and substan-
tially improved structures shall have
fully enclosed areas below the lowest
floor that are useable solely for parking
of vehicles, building access or storage
in an area other than a basement and
which are subject to flooding, designed
to automatically equalize hydrostatic
flood forces on exterior walls by allow-
ing for the entry and exit of flood
-23-
waters. Designs for meeting this require-
ment must either be certified by a licensed
professional engineer or architect or
meet or exceed the following minimum
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;
and
(2)
the bottom of all such openings no
higher than one foot above the lowest
adjacent finished grade.
Openings may be equipped with louvers.
valves, screens or other coverings or
devices provided they permit the auto-
matic entry and exit of floodwaters.
Within Zones VI-V30 and VE. and also with-
in Zone V if base flood elevation are
available, new construction and substan-
tial improvements shall have the space
below the lowest floor either free from
obstruction or constructed with non-
supporting breakaway walls, open wood
lattice-work or insect screening intended
to collapse under wind and water loads
without causing collapse, displacement.
or other structural damage to the
elevated portion of the building or
supporting foundation system. The
enclosed space below the lowest floor
shall be used only for parking vehicles,
building access or storage. Use of this
space for human habitation is expressly
prohibited, The construction of stairs.
stairwells and elevator shafts are sub-
ject to the design requirements for
breakaway walls.
§ 46.5-2(3). Utilities.
Ao
Machinery and equipment servicing a
building must either be elevated to or
above the base flood level or designed
to prevent water from entering or
accumulating within the components
-24-
dm'ing a flood. This includes heating,
ventilating, and air conditioning equip-
ment, hot water heaters, applicances,
elevator lift machinery, and electrical
junction and circuit breaker boxes.
When located below the base flood eleva-
tion, a professional engineer's or
architect's certification of the design
is required;
New and replacement water supply systems
shall be designed to minimize or elimi-
nate infiltration of flood waters into
the system;
New and replacement sanitary sewage
systems shall be designed to minimize or
eliminate infiltration of flood waters.
Sanitary sewer and storm drainage systems
for buildings that have openings below
the base flood elevation shall be provided
with automatic backflow valves or other
automatic backflow devices that are
installed in each discharge line passing
through a building's exterior wall; and,
Do
On-site waste disposal systems shall be
located to avoid impairment to them or
contamination from them during flooding.
§ 46.5-3. Residential structures (except coastal high
hazard areas).
§ 46.5-3( 1 ). Elevation.
The following standards, in addition to the
standards in subsections 46.5-1(2), Subdivision
proposals, and 46.5-1(3), Encroachments, and Section
46.5-2, Standards for all structues, apply to struc-
tures located in areas of special flood hazard as
indicated.
Within Zones Al-A30, AE and AH and also Zone
A if base flood elevation data are available
new construction and substantial improvements
shall have the lowest floor (including base-
ment) elevated to or above the base flood
level.
-25-
Within Zone A, when no base flood elevation
data are available, new and substantially
improved structures shall have the lowest
floor (including basement) elevated at
least three feet above the highest adjacent
grade.
Within Zone AO. new and substantially
improved structures shall have the lowest
floor (including basement) elevated above
the highest adjacent grade at least as high
as the depth number specified in feet on the
community's Flood Insurance Rate Map enumer-
ated in Section 0`6,3-2 (at least two feet
if no depth number is specified),
Do
Within Zones AH and AO. adequate drainage
paths are required to guide flood waters
around and away from proposed structures on
slopes.
§ 46.5-0`. Residential Structures (Coastal high hazard
areas )
The following standards, in addition to the stand-
in sub-sections 46.5-1(1), Coastal high hazard areas, and
46.5-1(2), Subdivision proposals, and Section 46.5-2,
standards for all structures, apply to structues located
in areas of special flood hazard shown as Zones V1-V30,
VE or V on the community's Flood Insurance Rate Map
designated in Section 46.3-2.
§ 46.5-0,( 1 ). Elevation.
New construction and substantial improvements
shall be elevated on pilings, columns or shear walls
such that the bottom of the lowest horizontal struc-
tural 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.
§ 46.5-4. (2). Determination of loading forces.
Structural design shall consider the effects
of wind and water loads acting simultaneously dur-
ing the base flood on all building components,
-26-
Bo
Co
A.
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 water-borne storm debris. Dynamic
uplift loads shall also be considered
if bulkheads, walls, or other natural
or man-made flow obstructions could
cause wave rump beyond the elevation
of the base flood.
Buildings shall be designed and con-
structed 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 under-
side of the house when it is exposed.
In the design, the wind should be
assumed to blow potentially from any
lateral direction relative to the
house.
Wind loading values used shall be
those required by the building code.
Foundation standards.
The pilings or column foundation and
structure attached thereto shall be
adequately anchored to resist flotation.
collapse or lateral movement due to the
effects of wind and water pressures act-
ing simultaneously on all building compo-
nents. Foundations must be designed to
transfer safely to the underlying soil
all loads due to wind. water, dead load.
live load and other loads (including
uplift due to wind and water).
Spread footings and fill material shall
not be used for structural support of a
new building or substantial improvement
of an existing structure,
-27-
§ 46.5-414).
^.
Eo
Pile foundation design.
The design ratio of pile spacing to pile
diameter shall not be less than 8:1 for
individual piles (this shall not apply to
pile clusters located below the design
grade). The maximum center-to-center
spacing of wood piles shall not be more
than 12 feet on center under load bearing
sills, beams,, or girders.
Pilings shall have adequate soil penetra-
tion (bearing capacity) to resist the com-
bined wave and wind loads (lateral and up-
lift) associated with the base flood action
simultaneously with typical structure (live
and dead) loads, and shall include consider-
ation of decreased resistance capacity
caused by erosion of soil strata surround-
ing 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 be at
least 10 feet below msl if the BFE is
greater than +10 msl,
Pile foundation analysis shall also in-
clude consideration of piles in column
action from the bottom of the structure
to the stable soil elevation of the site.
Pilings may be horizontally or diagonally
braced to withstand wind and water forces.
The minimum acceptable sizes for timber
piles are a tip diameter of 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 EPEE-C3 to minimize 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 longi-
tudinal steel bars having a combined area
of not less than 1% nor more than 4% of
the gross concrete area. Reinforcing for
precast piles shall have a concrete cover
of not less than 1 1/4 inches for No. 5
-28-
Jo
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 21 inches.
Piles shall be driven by means of a pile
driver or drop hammer, jetted, or augered
into place.
Additional support for piles in the form
of bracing may include lateral or diagonal
bracing between piles.
When necessary, piles shall be braced at
the ground line in both directions by a
wood timber grade beam or a reinforced
concrete grade beam. These at-grade
supports should be securely attached to
the piles to provide support even if
scoured from beneath.
Diagonal bracing between piles, consist-
ing 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 verti-
cal 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.
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 shore-
line. Knee braces shall be ;~-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.
§
A.
§ ~6.5-416).
A.
§ 46.S-417).
A.
§
^.
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 lie shaft.
Connectors and Fasteners.
Galvanized metal conenctors, wood connec-
tors, or bolts of size and number ade-
quate for the calculated loads must be
used to connect adjoining components of
a structure. Toe nailing as a principal
method of connection is not permitted.
All metal connectors and fasteners used
in exposed locations shall be steel, hot-
dipped galvanized after fabrication.
Connectors in protected interior loca-
tions shall be fabricated from galvanized
sheet.
Beam to pile connections.
The primary floor beams or girders shall
span the supports in the direction parallel
to the flow of potential floodwater and
wave action and shall be fastened to the
columns or pilings by bolting, with or
without cover plates. Concrete members
shall be connected by reinforcement, if
cast in place, or (of precast) shall be
securely connected by bolting and welding.
If sills, beams, or girders are attached
to wood piling at a notch, a minimum of
two (5/8)-inch galvanized steel bolts or
two hot-dipped galvanized straps 3/16
inch by 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 sufficient to k
provide ledge support for beam members
without unduly weakening pile connections.
Piling shall not be notched so that the
cross section is reduced below 50%.
Floor and deck connections.
Wood 2- by 4-inch {minimum) connectors or
metal joist anchors shall be used to tie
-30-
§ ~.6.5-419).
A.
§ ~16.5-~{10).
floor joists to floor beams/girders.
These should be installed on alternate
floor joists, at a minimum. Cross bridg-
ing of all floor joists shall be provided.
Such cross bridging may be 1- by 3-inch
members, placed 8 feet on-center maximum,
or solid bridging of same depth as joist
at same spacing.
Plywood should be used for subflooring
and attic flooring to provide good
torsional resistance in the horizontal
plane of the structure. The plywood
should not be less than (3/4)-inch total
thickness, and should be exterior grade
and fastened to beams or joists with 8d
annular or spiral thread galvanized nails.
Such fastening shall be supplemented by the
application of waterproof industrial
adhesive applied to all bearing surfaces.
Exterior Wall Connections.
All bottom plates shall have any required
breaks under a wall stud or an achor bolt.
Approved anchors will be used to secure
rafters or joists and top and bottom plates
to studs in exterior and bearing walls to
form a continuous tie. Continuous 15/37-
inch or thicker plywood sheathing--overlapping
the top wall plate and continuing down to
the sill, beam, or girder--may be used to
provide the continuous tie. If the sheets
of plywood are not vertically continuous,
then 2-by-4 nailer blocking shall be pro-
vided at all horizontal joints. In lieu of
the plywood, galvanized steel rods of 1/2-
inch diameter or galvanized steel straps not
less than 1 inch wide by 1/16 inch thick may
be used to connect from the top wall plate
to the sill, beam, or girder. Washers with
a minimum diameter of 3 inches shall be
used at each end of the 1/7-inch round rods.
These anchors shall be installed no more
than 2 feet from each corner rod, no more
than ~, feet on center.
Ceiling joist/rafter connections.
All ceiling joists or rafters shall be
installed in such a manner that the joists
-31-
§ q6.5-~(11).
A.
§ ~6.5-~112l.
A.
provide a continuous tie across the
rafters. Ceiling joists and rafters
shall be securely fastened at their
intersections. A metal or wood connec-
tor shall be used at alternate ceiling
joist/rafter connections to the wall
top plate.
Gable roofs shall be additionally
stabilized by installing 1-by-4 blocking
on 2-foot centers between the rafters at
each gable end. Blocking shall be
installed a minimum of 8 feet toward the
house interior from each gable end.
Projecting members.
All cantilevers and other projecting
members must be adequately supported and
braced to withstand wind and water uplift
forces. Roof eave overhangs shall be
limited to a maximum of 2 feet and
joist overhangs to a maximum of 1 foot.
Larger overhangs and porches will be
permitted if designed or reviewed by a
registered professional engineer or
architect and certified in accordance
with Section 46.4-3{J) of this local law,
Roof Sheathing
Plywood. or other wood material, when
used as roof sheathing, shall not be
less than 15/32 inch in thickness, and
shall be of exterior sheathing grade or
equivalent. All attaching devices for
sheating and roof coverings shall be
galvanized or be of other suitable
corrosion resistant material.
All corners, gable ends, and roof over-
hangs exceeding six inches shall be
reinforced by the application of water-
proof industrial adhesive applied to all
bearing surfaces of any plywood sheet
used in the sheathing of such corner,
gable end, or roof overhang.
-32-
C=
46.5-4114).
A.
Bo
In addition, roofs shoudl be sloped as
steeply as practicable to reduce uplift
pressures, and special care should be
used in securing ridges, hips. valleys.
eaves, vents, chimneys, and other points
of discontinuity in the roofing surface.
Protection of openings.
All exterior glass panels, windows, and
doors shall be designed detailed and
constructed to withstand loads due to
the design wind speed of 75 mph. Connec-
tions for these elements must be designed
to transfer safely the design loads to
the supporting structure. Panel widths
of multiple panel sliding glass doors
shall not exceed three feet,
Breakaway wall design standards.
The breakaway wall shall have a design
safe loading resistance of not less
than 10 and not more than 20 pounds
per square foot, with the criterion
that the safety of the overall struc-
ture at the point of wall failure be
confirmed using established procedures.
Grade beams shall be installed in both
directions for all piles considered to
carry the breakaway wall load. Knee
braces are required for front row piles
that support breakaway walls,
Use of breakaway wall strengths in
excess of 20 pounds per square foot
shall not be permitted unless a
registered professional engineer or
architect has developed or reviewed
the structural design and specifica-
tions for the building foundation and
breakaway wall components, and certifi-
lies that (1) breakaway walls will fail
under water loads less than those that
would occur during the base flood; and
(2) the elevated portion of the build-
ing and supporting foundation system
will not be subject to collapse, dis-
placement, or other structural damage
-33-
due to the effects of wind and water
loads acting simultaneously on all
building components (structural and
non-structural). Water loading values
used shall be those associated with the
base flood, Wind loading values shall
be those required by the building code.
§ ~6.5-5. Non Residential Structures (Except coastal high
hazard areas)
The following standards apply to new and substan-
tially improved commecial, industrial and other non-
residential structures, in addition to the requirements
in sub-sections 46.5-1(2). subdivision proposal, and
46.5-1(3), Encroachments. and 46,5-2. Standards for
all structures.
Ao
Within Zones Al-A30, AE and AH, and also Zone
A if base flood elevation data are available,
new construction and substantial improvements
of any non-residential structure, together with
attendant utility and sanitary facilities, shall
either:
(1)
have the lowest floor, including basement
or cellar, elevated to or above the base
flood elevation; or
(2)
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 buoyancy.
Within Zone AO. new construction and substan-
tial improvements of non-residential struc-
tures shall:
(1)
have the lowest floor (including basement)
elevated above the the highest adjacent
grade at least as high as the depth
number specified in feet on the community's
FIRM (at least two feet if no depth number
is specified), or
(2)
together with attendant utility and sani-
tary facilities, be completely flood=
proofed to that level to meet the flood-
proofing standard specified in sub-section
46.S-S(A) (2).
Co
If the structure is to be floodproofed, a
licensed professional engineer or architect
shall develop and/or review structural design,
specifications, and plans for construction.
A Floodproofing Certificate or other certifi-
cation shall be provided to the Local Adminis-
trator that certifies the design and methods
of construction are in accordance with
accepted standards of practice for meeting
the provisions of Section 46.5-5{A)(2), includ-
ing the specific elevation {in relation to
mean sea level) to which the structure is to
be floodproofed.
Within Zones AH and AO, adequate drainage
paths are required to guide flood waters
around and away from proposed structures on
slopes.
Within Zone A, when no base flood elevation
data are available, the lowest floor linclud-
lng basement) shall be elevated at least
three feet above the highest adjacent grade.
§ ~6.5-6. Non-residential structures (coastal high hazard areas)
In Zones V1-V30, VE and also Zone V if base
flood elevations are available, new construc-
tion and substantial improvements of any non-
residential structure, together with attendant
utility and sanitary facilities, shall have
the bottom of lowest member of the lowest floor
elevated to or above the base flood elevation.
Floodproofing of structures is not an allow-
able alternative to Floodlproofing of struc-
tures is not an allowable alternative to
elevating the lowest floor to the base flood
elevation in Zones V1-V30, VE and V.
§q6.5-7. Manufactured homes and recreational vehicles.
The following standards in addition to the standards in
Section 46.5-1, General Standards, and Section 46.5-2,
Standards for all structures apply in areas of special
-35-
flood hazard to manufactured homes and to recreational
vehicles which are located in areas of special flood
hazard.
Ao
Recreational vehicles placed on sites within Zones
Al-A30. AE, AH, V1-V30, V and VE shall either:
(1) be on site fewer than 180 consecutive days,
(2) be fully licensed and ready for highway use, or
(3) meet the requirements for manufactured homes in
paragraphs 46.5-7(B). (D) and (E).
A recreational vehicle is ready for highway use if
it is on its wheels or jackin9 system, is attached
to the site only by quick disconnect type utilities
and security devices and has no permanently attached
additions.
A manufactured home that is placed or substantially
improved in Zones Al-A30, AE, AH, V1-V30 or VE that
is on a site either:
(1) outside of an existing manufactured home park or
subdivision as herein defined;
(2) in a new manufactured home park or subdivision
as herein defined;
(3) in an expansion to an existing manufactured home
park or subdivision as herein defined; or
(4)
in an existing manufactured home park or subdivis-
ion as herein defined on which a manufactured home
has incurred substantial damage as the result of a
flood;
shall, within Zones Al-A30. AE and AH, be elevated on a
permanent foundation such that the lowest floor is
elevated to or above the base flood elevation and is
securely anchored to an adequately anchored foundation
system to resist flotation, collapse and lateral move-
ment; or, within Zones Vl-V30 and VE, be elevated on
a pile foundation such that the bottom of the lowest
structural member of the lowest floor (excluding
pilings and columns) is elevated to or above the base
flood elevation and securely anchored to an adequately
anchored foundation system to resist flotation, collapse
and lateral movement. Elevation on piers consisting of
dry stacked blocks in prohibited. Methods of anchoring
may include, but are not limited to, use of over-the-
top or frame ties to ground anchors.
-36-
A manufactured home to be placed or substantially
improved in Zone Al-A30. Ae. Ah. V1-V30. or VE. in
an existing manufactured home park or subdivision
that is not to be placed on a site on which a manu-
factured home has incurred substantial damage shall be:
(1) elevated in a manner such as required in para-
graph 46.5-7(B). or
12)
elevated such that the manufactured home chassis
is supported by reinforced piers or other founda-
tion elements of at least equivalent strength
that are no less than 36 inches in height above
grade and are securely anchored to an adequately
anchored foundation system to resist flotation.
collapse or lateral movement. Elevation on piers
consisting of dry stacked blocks in prohibited,
Within Zones Z or V. when no base flood elevation
data are available, new and substantially improved
manufactured homes shall be elevated such that the
manufactured home chassis is supported by reinforced
piers or other foundation elements of at least equiva-
lent strength that are no less than 36 inches in
height above the lowest adjacent grade and are securely
anchored to an adequately anchored foundation system
to resist flotation, collapse or lateral movement,
Elevation on piers consisting of dry stacked blocks
in prohibited.
Within Zone AO. the floor shall be elevated above the
highest adjacent grade at least as high as the depth
number specified on the Flood insurance Rate Map
enumerated in Section 46.3-2 (at least two feet if
no depth number is specified. Elevation on piers
consisting of dry stacked blocks in prohibited.
§~6.6 Variance Procedure.
§ ~6.6-1 Appeals Board.
The Zoning Board of Appeals as established by the
Town of Southold. shall hear and decide appeals and
requests for variances from the requirements of this
local law.
Bo
The Zoning Board of Appeals shall hear and decide
appeals when iris alleged there is an error in any
requirement, decision, or determination made by the
Local Administrator in the enforcement or adminis-
tration of this local law.
-37-
Do
Those aggrieved by the decision of the Zoning Board
of Appeals may appeal such decision to the Supreme
Court pursuant to Article 78 of the Civil Practice
Law and Rules.
In passing upon such applications, the Zoning Board
of Appeals, shall consider all technical evaluations,
all relevant factors, standards specified in other
sections of this local law and:
the danger that materials may be swept onto
other lands to the injury of others;
(7) the danger to life and property due to flooding
or erosion damage;
the susceptibility of the proposed facility
and its contents to flood damage and the effect
of such damage on the individual owner;
(4) the importance of the services provided by the
proposed facility to the community;
the necessity to the facility of a waterfront
location, where applicable;
the availability of alternative locations for
the proposed use which are not subject to flood-
ing or erosion damage;
(7) the compatibility of the proposed use with
existing and anticipated development;
(8)
the relationship of the proposed use to the
comprehensive plan and floodplain management
program of that area;
(9) the safety of access to the property in times
of flood for ordinary and emergency vehicles;
I10)
the costs to local governments and the dangers
associated with conducting search and rescue
operations during period of flooding.
(11)
the expected heights, velocity, duration, rate
of rise and sediment transport of the flood
waters and the effects of wave action, if
applicable, expected at the site; and
-38-
Fo
46.6-2
A.
Bo
Co
(12) 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.
Upon consideration of the factors of Section 46.6-1(D)
and the purposes of this local law, the Zoning Board
of Appeals 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.
CONDITIONS FOR VARIANCES
Generally, variances may be issued for new construc-
tion 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 (1-12) in Section 46.6-1(D) have been fully
considered. As the lot size increases beyond the
one-half acre. the technical justification required
for issuing the variance increases.
Variances may be issued for the repair or rehabili-
tation of historic structures upon determination that:
I1)
the proposed repair or rehabilitation will not
preclude the structure's continued designation
as a "Historic structure".
{2) the variance is the minimum necessary to preserve
the historic character and design of the structure.
Variances may be issued by a community for new con-
struction and substantial improvements and for other
development necessary for the conduct of a functionally
dependent use provided that:
(1) the criteria of subparagraphs 1, [I, 5, and 6 of
this Section are met;
(2)
the structure or other development is protected
by methods that minimize flood damages during the
base flood and create no additional threat to
public safety.
-39-
II.
Do
Variances shall not be issued within any designated
floodway if any increase in flood levels during the
base flood discharge would result.
Eo
Variances shall only be issued upon a determination
that the variance is the minimum necessary, consider-
ing the flood hazard, to afford relief.
F, Variances shall only be issued upon receiving written
justification of:
(1) a showing of good and sufficient cause;
(2)
a determination that failure to grant the variance
would result in exceptional hardship to the applicant;
and
(3)
a determination that the granting of a variance
will not result in increased flood heights.
additional threats to public safety, extra-
ordinary public expense, create nuisances.
cause fraud on or victimization of the public
or conflict with existing local laws or
ordinances.
Any applicant to whom a variance is granted for a
buildin9 with the lowest floor below the base flood
elevation shall be given written notice over the
signature of a community official that the cost of
flood insurance will be commensurate with the
increased risk resulting from lowest floor elevation.
This Local Law shall take effect upon its filing with the Secretary of
State.
NYS DEPARTMENT OF S~ATE
SUREAU OF STATE RECORDS
162 Washington Avenue
k[bany~ NY 12231'0001
DATE: 8/13/93
Local Law Acknowledgment
I-- JUDITH T. TERRY
TOWN HALL
53095 MAIN ROAD
PO BOX 1179
[__ SOUTHOLD NY 11971
DOS-236 (Rev. 6/90)
fHUNICIpALiTY I )
Town of Southold
LOCAL LAW(S) 140. YEAR F1L~NG DATE
15 thru 17 1993 8/13/93
The above-referenced material was received
and filed by this office as indicated.
Additional local law filing forms will be
forwarded upon request.
Local Law Filing
NEW YORK STATE DEPARTMENT OF STATE
162 WASttlNGTON AVENUE, ALBANY, NY 12231
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated and do not 'use
italics or underlining to indicate new matter. :
. xJ, o3 of ......... i ........... .o. ut.h.o.L.d. .......................................................
Town
Local Law No ..... .1..6_ ............................ of the year 19---9-=3-
A local law __J__n__B.e.!_a._ti.o__n___t__o..E 19.o_.d...p_.a..m..a.g.e...P._r._e_.v.~XLO~ .......................................... ~_
Be it enacted by the ................... -T--°--w---n---B--°--a-r--d- ........................ ~ ........................ of the
X;~}{ of .......................... __S_o_ _q _t.h_ .o. I _d_ ............................ i ..................... as follows:
Town
§46.1.
Chapter 46 (Flood Damage Prevention) of the Code of the Town of
$outhold is hereby deleted in its entirety, and a new Chapter 46 (Flood
Damage Prevention) is hereby adopted to read as follows:
Chapter 46
FLOOD DAMAGE PREVENTION
Statutory Authorization and Purpose.
§ 46.1-1. Findings.
The Town Board of the Town of Southold finds that
the potential and/or actual damages from flooding and
erosion may be a problem to the residents of the Town
of Southold and that such damages may include: destruc-
tion or loss of private and public housing, damage to
public facilities, both publicly and privately owned,
and injury to and loss of human life. In order to
minimize the threat of such damages and to achieve
(If additional space is needed, attach pages the same size as this sheet, and number each.)
DOS-239 (Rev. 7/9D (l)
the purposes and objectives hereinafter set forth,
this local law is adopted.
§ ~6.1-2. Statement of Purpose.
It is the purpose of this chapter to promote the
public health, safety, and general welfare, and to
minimize public and private losses due to flood condi-
tions in specific areas by. provisions designed to:
Ao
Bo
Regulate uses which are dangerous to health,
safety and property due to water or erosion
hazards, or which result in damaging increases
in erosion or in flood heights or velocities.
Require that uses vulnerable to floods, includ-
ing facilities which serve-such uses, be
protected against flood damage at the time of
initial construction.
Control the alteration of natural floodplains,
stream channels, and natural protective barriers
which are involved in the accommodation of flood
wateFs.
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,
Qualify and maintain for participation in the
National Flood Insurance Program.
§ 46.1-3. Objectives.
The objecti~,es of this local law are:
To protect human life and health.
To minimize expenditure of public money for
costly flood Control projects.
To minimize the need for rescue and relief
efforts associated with flooding and general-
ly undertaken at the expense of the general
public.
D. To minimize prolonged business interruptions.
-2-
§ ~6'. 2.
Eo
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.
G. To provide that-developers are notified that
property is in an area of special flood hazard.
To ensure that those who occupy the areas of
special flood hazard assume responsibility for
their actions.
Definitions.
Unless specifically defined below, words or
phrases used in this local law shall be inter-
preted so as to give them the meaning they. have
in common usage and to give this local law its
most reasonable application.
"Appeal" - A request for a review of the
Local Administrator's interpFetation of any
provision of this Local Law or a request for
a variance.
"Area of shallow flooding" - A designated
AO,. AH or VO Zone on a community's Flood
Insurance Rate Map (FIRM) with a one percent
or greater annual chance of flooding to an
average annual depth of one to three feet
where a clearly defined channel does not
exist, where the path of flooding is charac-
terized by_ ponding or sheet flow.
"Area of special flood hazard" - Is the land in
the floodplain within a community subject to a
one.peFcent or greater chance of flooding in
any given year. This area may be designated
as Zone A, AE, AH, AO, Al-A30, A99, V, VO, VE,
or V1-V30. It is also commonly referred to as
the base floodplain or 100-year floodplain.
"Base flood" - The flood having a one per-
cent chance of being equalled or exceeded in
any given year.
-3-
_jr
"Basement" - That portion of a building
having its floor subgrade {below ground level)
on all sides.
"Breakaway wall" - A wall that is not part
of the structural support of the building and
i's intended through its design and construction
to co lapse under specific lateral loading forces
without causing damage to the elevated portion
of the building or the supporting foundation
system.
"Building" - See "Structure"
"Cellar" - Has the same meaning-as "Basement".
"Coastal high hazard area" - An area of
special flood hazard extending from offshore
to the inland limit of a primary frontal dune
along an open coast and any other area subject
to high velocity wave action from storms or
seismic sources. The area is designated on
FIRM as Zone VI-V30, VE.
VO OR V.
"Development" - Any man-made change to
improved or unimproved real estate, including.
but not limited to buildings or other gtructures,
mining, dredging, filling, paving, excavation or
drilling operations or storage of equipment or
materials.
"Elevated building" - A non-basement building
(i) built in the case of a building in Zones
Al-A30, AE, A, A99, AO, AH, B, C, X, or D, to have
the top of the elevated floor, or in the case of a
building in Zones V1-30, VE, or V, to have the
.bottom of the lowest horizontal structure member
of the elevated floor elevated above the ground
level by means of pilings, columns (posts and
piers), or shear walls parallel to the flow of
the .water and (ii) adequately anchored so as not
to impair the structural integrity of the build-
lng during a flood of up to the magnitude of
the base flood. In the case of Zones AI~A30, AE,
A, A99, AO. AH, B, C, X, of D, "elevated building"
also includes a building elevated by means of
fill or solid foundation perimeter walls with
openings sufficient to facilitate the unimpeded
movement of flood waters. In the case of Zones
Vl-V30, VE, or V, "elevated building" also
includes a building otherwise meeting the
definition of "elevated building", even though
the lower area is enclosed by means of breakaway
walls that meet the federal standards,
"Existing manufactured home park or
subdivision" - A manufactured home park or
subdivision for which the construction of
facilities for servicing the lots on which thc
manufactured homes are to be affixed (including,
at a minimum, the installation of utilities,
the construction of streets, and either final
site grading or the pouring of concrete pads)
is complete before the effective date of the
floodplain management regulations adopted by
the community.
"Expansion to an existing manufactured home
park or subdivision" - The preparation
of additional sites by the construction of
facilities for servicing the lots on which
the manufactured homes are to be affixed
(inclUding the installation of utilities,
the construction of streets, and either final
site grading or the pouring of concrete pads).
"Federal Emergency Management Agency" - the
Federal agency that administers the National'
Flood Insurance Program.
"Flood" or "Flooding" - A general and
temporary condition of partial or complete
inundation of normally dry land areas from:
(1) the overflow of inland or tidal waters;
(2) the unusual and rapid accumulation or
runoff of surface waters from any source.
"Flood" or "flooding" also means the collapse or
subsidence of land along the shore of a lake or
other body of water as a result of erosion or
undermining caused by waves or currents of water
exceeding anticipated cyclical levels or suddenly
caused by an unusually high water level in a natural
body of water, accompanied by a severe storm, or
by an unanticipated force of nature, such as a
flash flood or an abnormal tidal surge, or by some
similarly unusual and unforeseeable event which
results in flooding as defined in (1) above.
-5-
"Flood Boundary and Floodway Map (FBFM)" -
An official map of the community published by
the Federal Emergency Management Agency as part
of a riverine community's Flood Insurance Study.
The FBFM delineates a Regulatory Floodway along
water courses studied in detail in the Flood
Insurance Study.
"Flood Elevation Study" - An examination,
evaluation and determination of the flood hazards
and, if appropriate, corresponding water surface
elevations, or an examination, evaluation and
determination of flood- related erosion hazards.
"Flood Hazard Boundary Map (FHBM)" - an official
map of a community, issued by the Federal
Emergency Management Agency, where the boundaries
of the areas of special flood hazard have' been
designated as Zone A but no flood elevations are
provided.
"Flood Insurance Rate Map (FIRM)" - An official
map of a community, on which the Federal Emergency
Management Agency has delineated' both the areas
of' special flood hazard and the risk premium
zones applicable to the community.
"Flood Insurance Study"-see "'flood elevation
study".
"Floodplain" or "Flood-prone area" - Any land
area susceptible to being inundated by waterfrom
any source (see definition of "Flooding").
"Floodproofing" - Any combination of structural
and non-structural additions, changes, or adjust-
ments to structures which reduce or eliminate
:flood damage to real estate or improved real
property, water and sanitary facilities; struc-
tures and their contents,
"Floodway" - has the same meaning as" Regulatory
Floodway"
"Functionally dependent use" - A use cannot
perform its intended purpose unless it is located
or carried out in close proximity to water, such
as a docking or port facility necessary for the
loading and unloading of cargo or passengers,
shipbuilding, and ship repair facilities. The
term does not include long-term storage, manufac-
turing, sales, or service facilities.
-6-
"Highest adjacent grade" - The highest natural
elevation of the ground surface, prior to construc-
tion, next to the proposed walls of a structure.
"Historic structure" - any structure that is:
Bo
listed individually in the National
Register of Historic Places (a listing
maintained by the Department of the
Interior) or preliminarily determined
by the Secretary of the Interior as
meeting the requirements for individual
listing on the National Register;
certified or preliminarily determined by
the Secretary of the Interior as contri-
buting to the historical significance of
a registered historic district or a dis-
trict preliminarily determined by the
Secretary to qualify as a registered
historic district;
Co
individually listed .on a state !nventory
of historic places in states with historic
preservation programs which have been
approved by the Secretary of the Interior;
or
individually listed on a state inventory
of historic places in states with historic
preservation programs that have been
certified either:
(1)
by an approved state program as deter-
mined by the Secretary of the Interior
or
(2)
directly by the Secretary of the
interior in states without approved
programs.
"Local Administrator" - Is the person appointed by the
community to administer and implement this local laW
'by granting or denying development permits in accord-
ance with its provisions, This person is often the
Code Enforcement Officer. Building Inspector or
employee of an engineering department.
"Lowest Floor" - Lowest floor of the lowest enclosed
area (including basement or cellar). An unfinished
or flood resistant enclosure, usable solely for
parking of vehicles, building access, or storage in
an area other than a basement area is not considered
a building's lowest floor; provided, that such
enclosure is not built so as to render the struc-
ture in violation of the applicable non-elevation
design requirements of this Local Law.
"Manufactured home" - A structure, transpor-
table h~, one or more sections, which is built
on a permanent chassis and designed to be used
with or without a permanent foundation when
connected to the required utilities. The term
does not include a "Recreational vehicle".
"Manufactured home park or subdivision" - A
parcel (or contiguous parcels) of land divided
into two or more manufactured home lots for rent
or sale.
"Mean Sea Level" - For purposes of the National
Flood Insurance Program, the National Geodetic
Vertical Datum (NGVD) of 1929 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 ~s
"Manufactured home".
"National Geodetic Vertical Datum (NCVD)" - As
'corrected in ~929 is a vertical control used
as a reference for establishing varying
elevations within the flood plain.
"New construction" - Structures for which
the Hstart of construction" commenced on or
after the effective date of a floodplain
management regulation adopted by the community
and includes any subsequent improvements to
such structure.
"New'manUfactured home park or subdivision" -
A manufactured home park or subdivision for which
the construction of facilities for servicing the
lots on which the manufactured homes are to be
affixed (including at a minimum, the installa-
'tio. n of utilities, the construction of streets,
and either final 'site grading or the pouring of
concrete pads) is completed on or after the
effective date of floodplain management regula-
tions adopted by a community.
-8-
"One hundred year flood" or "100-year flood" - Has
the same meaning as "Base Flood".
"Primary frontal dune" - A continuous or
nearly continuous mound or ridge of sand with
relatively steep seaward and landward slopes
immediately landward and adjacent to the beach
and subject, to erosion and overtopping frorfl high
tides and waves during major coastal storms.
The inland limit of the primary frontal dune
occurs at the point where there is a distinct
change from a relatively steep slope to a
relatively mild slope.
"Principally Above Ground" - That at least
51 percent of the actual cash value of the
structure, excluding land value, is above ground.
"Recreational vehicle" - A vehicle which is:
Ao
built on a single chassis;
L[O0 square feet or less when measured
at the largest horizontal projections;
designed to ye self-propelled or perma-
nently towable by a light duty truck; and
D. not designed primarily for use as a
permanent dwelling but as temporary liv-
ing quarters for recreational, camping,
travel, or seasonal use.
"Regulatory Floodway" - The channel of a river
or other watercourse and the adjacent land areas
that must be reserved in order to discharge the
base flood without cumulatively increasing the
water surface elevation more than a designated
height as determined by the Federal Emergency
Management Agency in a Flood Insurance Study or
by other agencies as provided in Section 4.4-2
of this Law.
"Sand Dunes" - Naturally occurring accumula-
tions of sand in ridges or mounds landward of
the beach.
"Start of construction" - Includes substantial
improvement and means the initiation, excluding
planning and design, of any phase of a project,
-9-
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 place-
ment and/or installation on the property, of
accessory buildings [garages, sheds) storage
trailers, and building materials. For manufac-
tured homes the "actual start" means affixing of
the manufactured home to its permanent site.
"Structure" - A walled and ~-oofed building,
including a gas or liquid storage tank, that
is principally above ground, as well as a manu-
factured home.
"SUbstantial damage" - Damage of any origin
sustained by a structure whereby the cost of
restoring and structure to its before damaged
condition would equal or exceed 50 percent of
the market value of the structure before the
damage occurred.
"Substantial improvement" - Any reconstruction,
rehabilitation, addition, or other improvement
of a structure, the cost of which equals or
exceeds 50 percent of the market value of the
structure before the "start of construction" of
the improvement. The term includes structures
which have incurred "substantial damage", regard-
less of the actual repair work performed. The
term does not, however, include either:
any project for improvement of a struc-
ture to correct existing violations of
state or local health, sanitary, or
safety code specifications which have
been identified by the local code
enforcement official and which are the
minimum necessary to assure safe living
conditions; or
any alteration of a "Historic structure",
provided that the alteration will not
preclude the structure's continued desig=
nation as a "Historic structure".
-10-
§ ~6.3.
"Variance" - A grant of relief from the require-
ments of this local law which permits construction
or use in a manner that would otherwise be prohibited
by this local law.
General Provisions.
§ q6.3-1. Lands to which this Local Law applies.
This local law shall apply to all areas of special
flood hazard within the jurisdiction of the Town of
Southold
§ q6.3-2. Basis for establishing the areas of special
flood hazard.
The areas of special flood hazard are identified and
defined on the following documents prepared by the Federal
Emergency Management Agency:
Flood Insurance Rate Map (multiple panels) Index
No. 360813 0001 - 0120, whose effective date is
August 16, 1993.
A scientific and engineering report entitled
"Flood Insurance Study, Town of Southold, New
York, Suffolk County" dated August 16, 1993.
The above documents are hereby adopted and declared
to be a part of this Local Law, The Flood Insurance Study-
and/or maps are on file at: the office of the Town Clerk.
§ 46.3-3. Interpretation and conflict with other laws.
This Local Law includes all revisions to the National
Flood Insurance Program through November 1, 1989 and shall
supersede all previous laws adopted for the purpose of
flood damage prevention.
In their interpretation and application, the provi-
sions 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 loc'al 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.
-11-
§ ~t6.3-~. Severability.
The invalidity of any section or provision of this
local law shall not invalidate any other section or
provision thereof.
§ ~6.3-5. Penalties for non-compliance.
No structure in an area of special flood hazard
shall hereafter be constructed, located, extended, con-
verted, 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, includ-
ing 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 require-
ments 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 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 on approved variance under Section ~6.6 will
be declared non-compliant and notification sent to
the Federal Emergency Management Agency.
§ ~16.3-6. Warning and disclaimer of liability.
The degree of flood protection required by this
local law is considered reasonable for regulatory
purposes and is based on scientific and engineering
considerations. Larger floods can and will occur on
rare occasions. Flood heights may be increased by
man-made or natural causes. This local law does not
imply that land outside the area of special flood
hazards or uses permitted within such areas will be
free 'from flooding or flood damages. This local law
shall not create liability on the part of the Town
of SouthoId, any officer or employee thereof, or the ~
Federal Emergency Management Agency, for any flood
damages that result from reliance on this local law
or any administrative decision lawfully made thereunder.
-12-
Administration
§ 46.4-1. Designation of the local administrator.
The Building Inspector is-hereby appointed Local
Administr. ator to administer and implement this local
law by granting or denying floodplain development
permits in accordance with its provisions.
§ 46.4-2. The floodplain development permit.
§ 46.4-211). Purpose.
A floodplain development permit is hereby
established for all construction and other develop-
ment ot be undertaken in areas of special flood
hazard in this community for the purpose of protec-
ting its citizens from increased flood hazards and
insuring that new development is constructed in a
manner that minimizes its exposure to flooding.
It shall be unlawful to undertake any development
in an area of special flood hazard, as shown on
the Flood Insurance Rate Map enumerated in Section
46.3-2, without a valid floodplain development permit.
Application for.a permit shall be made on forms
furnished by the Local Administrator and may include,
but .r~ot be limited to; plans, in duplicate, drawn
to scale and showing: the nature, location,° dimen-
sions, and elevations of the area in question;
existing or proposed structures, fill, storage of
materials, drainage facilities, and the location
of the foregoing.
§ 46.4-2(2). Fees.
All applications for a floodplain development
permit shall be accompanied by an application fee of
$100.00. In addition, the applicant shall be
responsible for reimbursing the Town of Southolc~
for any additional costs necessary for review,
inspection and approval of this project. The Local
Administrator may require a deposit of no more than
$500.00 to cover these additional costs.
§ 46.4-3. Application for a permit.
The applicant shall provide at least the following
information, where applicable. Additional information
may be required on the permit application form.
-13-
Ao
'F..
The proposed elevation, in relation to mean
sea level, of the lowest floor (including
basement or cellar) of any new or substantial-
ly improved structure to be located in Zones
Al-A30, AE or AH. of Zone A if base flood
elevation data are available. Upon completion
of l~he lowest floor, the permitee shall submit
to the Local Administrator the as-built eleva-
tion, certified by a licensed professional
engineer or surveyor.
The proposed elevation .in relation to mean
sea level, of the bottom of the lowest struc-
tural member of the lowest floor (excluding
pilings and columns) of any new or substantial-
ly improved structure to be located in Zones
Vl-V30 or VE, or Zone V if base flood elevation
data are available. Upon completion of the
lowest floor, the permitee shall submit to the
Local Administrator the as-built elevation,
certified by a licensed professinal engineer
or surveyor.
The proposed elevation, in relation to mean
sea level, to which any new or substantially
improved non-residential structure will be
flood proofed . Upon completion of the flood-
proofed portion of the structure, the permitee
shall submit to the Local Administrator the
as-built floodproofed elevation, certified by a
professional engineer or surveyor.
A certificate from a licensed professional
engineer or architect hat any utility flood-
proofing will meet the criteria in Section
46.5-2(3), UTILITIES.
A. certificate from a licensed professional
engineer or architect that any non-residential
flood proofed structure will meet the floodproof-
in9 criteria in Section 46.5-5, NON-RESIDENTIAL
STRUCTURES (EXCEPT COASTAL HIGH HAZARD AREAS).
A description of the extent to which any water-
course will be altered or relocated as a result
of proposed development. Computations by a
licensed professional engineer must be submitted
that demonstrate that the altered or relocated
segment will provide equal or greater conveyance
than the original stream segment. The applicant
must submit any maps, computations or other
material required by the Federal Emergency.
Management ~.gency (FEMA) to revise the documents
enumerated in Section ~6.3-2, when notified by tl~e
Local Administrator, and must pay any fees or
other~'costs assessed by FEMA for this purpose.
The applicant must also provide assurances that
the conveyance capacity of t,~e altered or
relocated stream segment wi!l be malntained~
A technical analysis, by a licensed profes-
sional engineer, if required by the Local
Administrator, which shows whether proposed
development to be located in an area of
special flood hazard may result in physical
damage to any other property.
In Zone A, when no base flood elevation data
are available from other sources, base flood
elevation data shall be provided by the permit
applicant for subdivision proposals and other
proposed developments (including proposals.
for manufactured home and recreational vehicle
parks and subdivisions) that are greater than
either 50 lots or 5 acres.
in Zones V1-V30 and VE, and also Zone V if
base flood elevation are available, designs
and specifications, certified by a licensed
professional engineer or architect, for any
breakaway walls in a proposed structure with
design strengths in excess of 20. pounds per
square foot.
In Zones V1-V30 and VE, and also Zone V if
base flood elevation are available, for all
new and substantial improvements to structures,
floodplain development permit applications
shall be accompanied by design plans and
specifications, prepared in sufficient detail
to enable independent review of the foundation
support and connection components. Said plans
and specifications, shall be developed or
reviewed by a licensed professional engineer
or architect, and shall be accompanied by a
statement, bearing the signature of the archi-
tect or engineer, certifying that the design
and methods of construction to be used are in
accordance with accepted standards of practice
and with all applicable provisions of this
local law.
-15-
§46.~-~. Duties and responsibilities of the Local
Administrator.
Duties of the Local Administrator sh~ll include, but
not be limited the following.
§46.~-~(1 ]. Permit application review.
The Local Administrator shall conduct the following
permit application review before issuing a flood-
plain development permit:
Review all applications for completeness,
particularly with the requirements of
subsection 46;4-3, Application for a Permit,
and for compliance with the provisions
and standards of this law.
Review subdivision and other proposed new
development, including manufactured home
parks to determine whether proposed build-
lng sites will be reasonably safe from
flooding. If a proposed building site is
located in an area of special flood hazard,
all new construction and substantial
improvements shall meet the applicable
standards of Section 46.5 Construction
Standards and, in particular, sub-section
46.5-1 [2), Subdivision Proposals.
Determine whether any prooosed development
in an area of special flood 'hazard may
result in physical damage to any other
property (e.g., stream bank erosion and
increased flood velocities). The Local
Administrator may require the applicant
to submit additional technical analyses
and data necessary to complete the det.er-
mination.
If the proposed development may result
in physical damage to any other property
or fails to meet the requirements of
Section 46.5, Construction Standards, no
permit shall be issued. The applicant
may revise the application to include
measures that mitigate or eliminate the
adverse effects and re-submit the appli-
cation.
-16-
Do
Determine that all necessary permits
have been received from those governmen-
tal agencies from which approval is
required by State or Federal law.
§.~6.~-~[(2). Use of other flood data.
Ao
When the Federal Emergency Management
Agency has designated areas of special
flood hazard on the community's Flood
Insurance Rate map (FIRM) but has
neither produced water surface eleva-
tion data [these areas are designated
Zone A or V on the FIRM.) nor identified
a floodway, the Local Administrator shall
obtain, review and reasonably utilize
any base flood elevation and floodway
data available from a Federal, State or
other source, including data developed
pursuant to paragraph ~t6.3(H) as criteria
for requiring that new construction, sub-
stantial improvements or other proposed
development meet the requirements of this
law.
§~6.~-~(3).
When base flood elevation data are not
available, the Local Administrator may
use flood information fr'om any o(her
authoritative source, such as historical
data, to establish flood elevations within
the areas of special flood hazard, for the
purposes of this law.
Alteration of watercourses.
Ao
Notification to adjacent communities and
the New York State Department of
Environmental Conservation prior to
permitting any alteration or relocation
of a watercourse, and submittal of evi-
dence of such notification to the
Regiopal Director, Region II, Federal
Emergency Management Agency.
Determine that the permit holder has
provided for maintenance within the
altered or relocated, portion of said
watercourse so that the flood carrying
capacity is not diminished.
-17-
§1~6.~1-~(~). Construction Stage.
Ao
In Zones Al-A30, AE and AH, and also
Zone A if base flood elevation data
are available, upone placement of the
lowest floor or completion of flood-
proofing of a new or substantially
improved structure, obtain from the
permit holder a certification of the
as-built e~evation of the lowest f~oor
or floodproofed elevation, in relation
to mean sea level. The certificate
shall be prepared by or under the direct
supervision of a licensed land surveyor
or professional engineer and certified
by same. For manufactured homes, the
permit holder shall submit the certifi-
cate of elevation upon placement of the
structure on the site. A certificate
of elevation must also be submitted for
a recreational vehicle if it remains on
a site for 180 consecutive days or
longer (unless it is fully licensed and
ready for highway use).
Be
In Zones V1-V30 and VE, and also Zone V
if base flood elevation data are avail-
able, upon placement of the lowest floor
of a new or substantially improved struc-
ture, the permit holder shall submit to
the Local Administrator a certificate of
elevation, in relation to mean sea level,
of the bottom of the lowest structural
member of the lowest floor (excluding
pilings and columns). For manufactured
homes, the permit holder shall submit the
certificate of elevation upon placement
of the structure on the site. An eleva-
tion certificate must also be submitted
for a recreational vehicle if it remains
on a site 180 consecutive days or longer
(unless it iS fully licensed and ready
for highway use).
C.
Any further work undertaken prior to
submission and approval of the certifi-
cation 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 immedi-
ately corrected.
-18-
§ 6.4-4
Inspections.
The Local Administrator and/or the developer's
engineer or architect shall make periodic inspec-
tions at appropriate times throughout the period
of construction in order to monitor compliance
with permit conditions and enable said inspector
to certify, if requested, that the development
is in compliance with the requirements of the
floodplain development permit and/or any variance
provisions.
§~6.[t-~I(6). Stop work orders.
Ao
The Local Administrator shall issue, or
cause to be issued, a stop work order
for any floodplain development found
ongoing without a development permit,
Disregard of a stop work order shall
subject the violator to the penalties
described in Section 46,3-5 of this local
law,
Bo
The Local Administrator shall issue, or
cause to be issued, a stop work order
for any floodplain development found non-
compliant with the provisions of this law
and/or the conditions of the development
permit. Disregard. of a stop work order
shali subject the violator of the penal-
ties described in Section 46.3-5 of this
local law,
§ ~6.4-tt(7). Certificate of Compliance.
In areas of special flood hazard, as
determined by documents enumerated in
Section 46.3-2, it shall be unlawful to
occupy or to permit the use or occupancy
of any building or permises, 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.
-19-
A certificate of compliance shall be
issued by the Local Administrator
upon satisfactory completion of all
development in areas of special flood
hazard.
issuance of the certificate shall be
based upon the inspections conducted
as prescribed in Section
Inspections, and/or any certified
elevations,-hydraulic data, flood-
proofing, anchoring requirements or
encroachment analyses which may have
been required as a condition of the
approved permit.
§
Information to be retained.
The Local Administrator shall retain and
make available for inspection, copies of the
following:
Ao
Bo
Floodplain development permits and
certificates of compliance;
Certifications of as-built lowest
floor elevations of structures,
required pursuant to sub-sections
L[6.~,-u~(u~)(A) and L[6./~-~,(~)(B) of section
/~6.~,-~,, Construction Stage, and whether
or not the structuires contain a base-
ment;
Co
Do
Floodproofing certificates required
pursuant to sub-sections ~6.4-L~(b,) (A) of
Section 46.4-4, Construction Stage, and
whether or not the structures contain
a basement;
Certifications required pursuant to sub-
section 46.5-~(1L[), Breakaway wall design
standards, and paragraph (10) of Section
46.L~-3, Application for a permit;
Variances issued pursuant to Section
/~6.6, Variance procedures; and,
Notices required under sub-section
/J,6.L[-L[(3), Alteration of Watercourses.
-20-
§~6.5.
Construction Standards.
§46.5-1. General Standards
The following standards apply to new development,
including new and substantially improved structures,
in the areas of special flood hazard shown on the F!ood
Insurance Rate Map designated in Section L~6.3~3.
§46.5-1(1). Coastal High Hazard Areas.
The following requirements apply within Zones
V1-V30, VE and V:
Ao
All new construction, including manu-
factured homes and recreational vehicles
on site 180 days or longer and not fully
licensed for highway use, shall be
located landward of the reach of high
tide.
The use of fill for structural support
of buildings, manufactured homes or
recreational vehicles on site 180 days
or longer is prohibited.
Man-made alteration of sand dunes which
would increase potential-flood da~nage is
prohibited.
§ 46.5-1(2). Subdivision proposals.
The following standards apply to all new sub-
division proposals and other proposed development
in areas of special flood hazard (including pro-
posals for manufactured home and recreational
vehicle parks and subdivisions):
A. Proposals shall be consistent with the
need to minimize flood damage;
Public utilities and facilities such as
sewer, gas, electrical and water systems
shall be located and constructec~ so as
to minimize flood damage; and,
C. Adequate drainage shall be provided to
reduce exposure to flood damage.
-21-
§ ~6.5-1 (3). Encroachments.
Ao
Within Zones Al-A30- and AE. on streams
without a regulatory floodway, no new
construction, substantial improvements
or other development (including fill)
shell be permitted unless:
(1)
the applicant demonstrates that
the cumulative effect of the pro-
posed-development, when combined
with all other existing and antici-
pated development, will not increase
the water surface elevation of the
base flood more than one foot at
any location, or,
(2)
the Town of Southold agrees to apply
to the Federal Emergency Management
Agency (FEMA) for a conditional FIRM
revision, FEMA approval is received
and the applicant provides all neces-
sary data, analyses and mapping and
reimburses the Town of ,Southold for
all fees and other costs in relation
to the application. The applicant
must also provide all data, analyses
and mapping and reimburse the Town
of Southold for all costs related
to the final map revision.
On streams with a regulatory floodway, as
shown on the Flood Boundary and Floodway
Map or the Flood Insurance Rate Map
adopted in Section ~6.3-2, no new con-
struction, substantial improvements or
other developments in the floodway (includ-
ing fi. Il) shall be permitted unless:
(1)
a technical evaluation by a licensed
professional engineer shows that
such an encroachment shall not
result in any increase in flood
levels during occurrence of the
base flood, or.
(2)
the Town of Southold agrees t~o apply
to the Federal Emergency Management
Agency (FEMA) for a conditional
-22-
FIRM and floodway revision, FEMA
approval is received and the appli-
cant provides all necessary data.
analyses and mapping and reimburses
the Town of Southold for all fees
and other costs in relation to the
application. The applicant must
also provide all data, analyses and
mapping and reimburse the Town of
Southold for all costs related to
the final map revisions.
§ ~6.5-2. Standards for all structures.
§ 1~6.5-2(1). Anchoring.
New structures and substantial improve-
ment to structures in areas of special
flood hazard shall be anchored to prevent
flotation, collapse, or lateral movement
during the base flood. This requirement
is in addition to applicable State and
local anchoring requirements for resisting
wind forces.
§ 46.5-2(2). Construction materials and methods.
Ao
New construction and substantial improve-
ments to structures shall be constructed
with materials and utility equipment
resistant to flood damage.
Bo
New construction and substantial improve-
ments to structures shall be constructed
using methods and practices that mini-
mize flood damage.
For enclosed areas below the lowest floor
Of a structure within Zones Al-A30, Ae or
AH, and also Zone A if base flood eleva-
tion data are available, new and substan-
tially improved structures shall have
fully enclosed areas below the lowest
floor that are useable solely for parking
of vehicles, building access or storage
in an area other than a basement and
which are subject to flooding, designed
to automatically equalize hydrostatic
flood forces on exterior walls by allow-
ing for the entry and exit of. flood
-23-
waters. Designs for meeting this require-
ment must either be certified by a licensed
professional engineer or architect or_~.
meet.or exceed the following minimum
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;
and
(2)
the bottom of all such openings ne
higher than one foot above the lowest
adjacent finished grade.
Openings may be equipped with louvers,
valves, screens or other coverings or
devices provided they permit the auto-
matic entry and exit of floodwaters.
Within Zones Vl-V30 and VE, and also with-
in Zone V if base flood elevati.on are
available, new construction and substan-
tial improvements shall have the space
below the lowest floor either free from
obstruction or constructed with non-
supporting breakaway walls, opeh wood
lattice-work or insect screening intended
to collapse Under wind and water loads
without causing collapse, displacement,
or other structural damage to the
elevated portion of the building or
supporting foundation system. The
enclosed space below the lowest floor
shall be used only for parking vehicles,
building access or storage. Use of this
space for human habitation is expressly
prohibited. The construction of stairs,
stairwells and elevator shafts are sub-
ject to the design requiPements for
breakaway walls.
§ A6.5-2 [3). Utilities.
Machinery and equipment servicing a
building must either be elevated to or
above the base flood level or designed
to prevent water from entering or
accumulating within the components
-24-
during a flood. This includes heating,
ventilating, and air conditioning equip-
ment, hot water heaters, applicances,
elevator lift machinery, and electrical
junction and circuit breaker boxes.
When located below the base flood eleva-
tion, a professional engineer's, or
architect's certification of the design
is required;
Bo
New and replacement water supply systems
shall be designed to minimize or elimi-
nate infiltration of flood waters into
the system;
New and replacement sanitary sewage
systems shall be designed to minimize or
eliminate infiltration of flood waters.
Sanitary sewer and storm drainage systems
for buildings that have openings below
the base flood elevation shall be provided
with automatic backflow valves or other
automatic backflow devices that are
installed in each discharge ling passing
through a building's exterior wall; and,
Do
On-site waste disposal Systems shall be
located to avoid impairment to them or
contamination from them during flooding.
§ q6.5-3. Residential structures (except coastal high
hazard areas).
§ ~6.5-3(1). Elevation.
The following Standards, in addition to the
standards in subsections ~6.5-1(2), Subdivision
proposals, and ~6.5-1(3), Encroachments, and Section
Lt6.5-2, Standards for all structues, apply to struc-
tures located in areas of special flood hazard as
indicated.
Ao
Witl~in Zones Al-A30, AE and AH and also Zone
A if base flood elevation data are available
new construction and substantial improvements
shall have the lowest floor (including base-
ment) elevated to or above the base flood
level.
-25-
Bo
Within Zone A, when no base flood elevation
data are available, new and substantially
improved structures shall have the lowest
floor (including basement) elevated at
least three feet above the highest adjacent
grade.
Co
Within Zone AO, new and substantially
improved structures shall have the lowest
floor (including basement) elevated above
the highest adjacent grade at least as high
as the depth number specified in feet on the
community's Flood Insurance Rate Map enumer-
ated in Section 46.3-2 (at least two feet
if no depth number is specified).
De
Within Zones AH and AO, adequate drainage
paths are required to guide flood waters
around and away from proposed structures on
slopes.
§ [[6.5-~t. Residential Structures (Coastal high hazard
areas)
The following standards, in addition to the stand-
in sub-sections [~6.5-1 [1), Coastal high hazard areas, and
~,6.5-1(2), Subdivision proposals, and Section 46.5-2,
standards for all structures, apply to structue§ located
in areas of special flood hazard shown as Zones. VI-V30,
VE or V on the community's Flood Insurance Rate rvlap
designated in Section /~6.3-2.
§ ~t6.5-~ [1). Elevation.
New construction ana substantial improvements'
shall be elevated on pilings, columns or shear walls
such that the bottom of the lowest horizontal struc-
rural member supporting the lowest elevated floor
(excl6ding columns, piles, diagonal bracing attaci~ed
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
wate r.
§ 46.5-~.(2). Determination of loading forces.
Structural design shall consider the effects
of wind and water loads acting simultaneously dur-
ing the base flood on all building components.
-26-
Bo
§
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 water-borne storm debris.. Dynamic
uplift loads shall also be considered
if bulkheads, walls, or other natural
or man-made flow obstructio_~s could
cause wave-rump beyond the elevation
of the base f~ood.
Buildings shall be designed and con-
structed 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 under-
side of the house when it is exposed.
In the design, the wind should be
assumed to blow potentially f~om any
lateral direction relative to the
house.
Wind loading values used shall be
those required by the building code.
Foundation standards.
The pilings or column foundation and
structure attached thereto shall be
adequately anchored to resist flotation,
collapse or lateral movement due to the
effects of wind and water pressures act-
ing s!multaneously on all building compo-
nents. 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 waterl.
Spread footings and fill material shall
not be used for structural support of a
new building or substantial improvement
of an existing structure.
-27-
§ ~6.5-~).
A.
Bo
Co
Pile foundation design.
The design ratio of pile spacing to pile
diameter shall not be less than 8:1 for
individual piles (this shall not apply to
pile clusters, located below the design
grade). The maximum center-to-center
spacing of wood piles shall not be more
than 12 feet on center under load bearing
sills, beams, or girders.
Pilings shall have adequate soil penetra-
tion (bearing capacity) to resist the com-
bined wave and wind loads (lateral and up-
lift) associated with the base flood action
simultaneously with typical structure (live
and dead) loads, and shall include consider-
ation of decreased resistance capacity
caused by erosion of soil strata surround-
ing 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 be at
least 10 feet below msl if the BFE is
greater than +10 msl.
Pile foundation analysis shall also in-
clude consideration of piles in column
action from the bottom of the structure
to the stable soil elevation of the site.
Pilings may be horizontally or diagonally
braced to withstand wind and water forces.
The minimum acceptable sizes for timber
piles are a tip diameter of 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 EPEE-C3 to minimize 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 longi-
tudinal steel bars haVin9 a combined area
of not less than 1% nor more than It% of
the gross concrete area. Reinforcing for
precast piles shall have a concrete cover
of not less than 1 1/4 inches for No. 5
-28-
Go
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 21 inches.
Piles shall be driven by means of a pile
driver or drop hammer, jetted, or augered
into place.
Additional support for piles in the form
of bracing may include lateral or diagonal
bracing between piles.
When necessary, piles shall be braced at
the ground line in both directions by a
wood timber grade beam or a reinforced
concrete grade beam. These at-grade
supports should be securely attached to
the piles to provide support even if
scoured from beneath.
Diagonal bracing between piles, consist-
ing 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 verti-
cal 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.
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 shore-
llne. Knee braces shall be 2-by-8 lumber
bolted to the sides of the pile/beam, or
~,-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.
-29-
A.
§ ~6.5-~6).
A.
§ ~6.5-~(7).
A.
§
A.
Column foundation design.
Masonry piers or poured-in-place concrete
piers shall be internally reinforced to
resist vertical and lateral loads, and
be cor~nected with a moment-resisting
connection to a pile cap or ile.shaft.
Connectors and Fasteners.
Galvanized-metal conenctors, wood connec-
tors. or bolts of size and number ade-
quate for the calculated loads must be
used to connect adjoining components of
a structure. Toe nailing as a principal
method of connection is not permitted.
All metal connectors and fasteners used
in exposed locations shall be steel. 'hot-
dipped galvanized after fabrication.
Connectors in protected interior loca-
tions shall be fabricated from galvanized
sheet.
Beam to pile connections.
The primary floor beams or girders shall.
span the supports in.the direction parallel
to the flow of potential floodwater and
wave action and shall be fastened to the
columns or pilings by bolting, with or
without cover plates. Concrete members
shall be connected by reinforcement, if
~ast in place, or (of precast) shah be
securely connected by bolting and welding'.
If sills, beams, or girders are attached
to wood piling at a notch, a minimum of
two (5/8)-inch galvanized steel bolts or
two hot-dipped galvanized straps 3/16
inch by u, inches by 18 inches each bolted
with two 1/2 inch lag bolts per beam
member shall be used. Notching of pile
tops shall be the minimum suffiCient to k
provide ledge support for beam members
without unduly weakening pile connections.
Piling shall not be notched so that the
cross section is reduced beloW 50%.
Floor and deck connections.
Wood 2- by 4-inch (minimum) connectors or
metal joist anchors shall be used to tie
-30-
§ 116.5-11 [9}.
A.
§ ~6.S-~ [10).
A.
floor joists to floor beams/girders.
These should be installed on alternate
floor joists, at a minimum. Cross bridg-
ing of all floor joists shall be provided.
Such cross bridging may be 1- by 3-inch
members, placed 8 feet on-center maximum,
or solid bridging of same depth as joist
at same spacing.
Plywood should be used for subflooring
and attic flooring to provide good
torsional resistance in the horizontal
plane of the structure. The plywood
should not be less than (~3/4)-inch total
thickness, and should be exterior grade
and fastened to beams or joists with 8d
annular or spiral thread galvanized nails.
Such fastening shall be supplemented by the
application of waterproof industrial
adhesive applied to all bearing surfaces.
Exterior Wall Connections.
All bottom plates shall have any required
breaks under a wall stud or an achor bolt.
Approved anchors will be used to secure
rafters or joists and top and bottom plates
to studs in exterior and bearing walls to
form a continuous tie. Continuous 15/32-
inch or thicker plywood sheathing--overlapping
the top wall plate and continuing down to
the sill, beam, or girder--may be used to
provide the continuous tie. If the sheets
of plywood are not vertically continuous,
then 2-by-U, nailer blocking shall be pro-
vided at all horizontal joints. In lieu of
the plywood, galvanized steel rods of 1/2-
inch diameter or galvanized steel straps not
less than I inch wide by 1/16 inch thi~k may
be used to connect from the top wall plate
to the sill, beam, or girder. Washers with
a minimum diameter of 3 inches shall be
used at each end of the 1/2-inch round rods;
These anchors shall be installed no more
than 2 feet from each corner rod, no more
than ~ feet on center.
Ceiling joist/rafter connections.
All ceiling joists or rafters shall be
installed in such a manner that the joists
§
A.
§ 46.5-4(12).
A.
provide a continuous tie across the
rafters. Ceiling joists and rafters
shall be securely fastened at their
intersections. A metal or wood connec-
tor shall be used at alternate ceiling
joist/rafter connections to the wall
top plate.
Gable roofs shall be additionally
stabilized by installing 1-by-4 blocking
on 2-foot centers between the rafters at
each gable end. Blocking shall be
installed a minimum of 8 feet toward the
house interior from each gable end.
Projecting members.
All cantilevers and other projecting
members must be adequately supported and
braced to withstand wind and water uplift
forces. Roof eave overhangs shall be
limited to a maximum of 2 feet and
joist overhangs to a maximum of 1 foot.
Larger overhangs and porche's will be
permitted .if designed or reviewed by a
registered professional engineer or
architect and certified in accordance
with Section ~6.~.-3(J) of this local law.
Roof Sheathing
Plywood, or other wood material, when
used as roof sheathing, shall not be
less than 15/32 inch in thickness, and
shall be of exterior sheathing grade or
equivalent. All attaching devices for
shearing and roof coverings shall be
galvanized or be of other suitable
corro;~ion resistant material.
All corners, gable ends, and roof over-
hangs exceeding six inches shall be
reinforced by the application of water-
proof industrial adhesive applied to all
bearing surfaces of any plywood sheet
used in the sheathing of' such corner,
gable ~nd, or roof overhang.
-32-
§ ~6.5-~(13).
A.
§
A.
In addition, roofs shoudl be sloped as
steeply as practicable to reduce uplift
pressures, and special care should be
used in securing ridges, hips, valleys,
eaves, vents, chimneys, and other points
of discontinuity in the roofing surface.
Protection of openings.
All exterior glass panels, windows, and
doors shall be designed detailed and
constructed to withstand loads due to
the design wind ~speed Of 75 mph. Connec-
tions for these elements must be designed
to transfer safely the design loads to
the supporting structure. Panel widths
of multiple panel sliding glass doors
shall not exceed three feet.
Breakawa¥ wall design standards.
The breakaway wall shall have a design
safe loading resistance of not less
than 10 and not more than 20' pounds
per square foot, with the criterion
that the safety of the overall .struc-
ture at the point of wall failure be
confirmed using established procedures.
Grade beams shall be installed in both
directions for all piles considered to
carry the breakaway wall load. Knee
braces are required for front row piles
that support breakaway walls.
Use of breakaway wall strengths in
excess of 20 pounds per square foot
shall not be permitted unless a
registered prOfessional engineer or
architect has developed or reviewed
the structural design and specifica-
tions for the building foundation and
breakaway wall components, and certifi-
fies that (1) breakaway walls will fail
under water loads less than those that
would occur during the base flood; and
(2) the elevated portion of the build-
ing and supporting fOundation system
will not be subject to collapse, dis-
placement, or other structural damage
-33-
due to the effects of wind and water
loads acting simultaneously on all
building components (structural and
non-structural). Water loading values
used shall be those associated with the
base flood.' Wind loading values shall
be those required by the building code.
§ /~6.5-5. Non Residential Structures (Except coastal high
hazard areas)
The following standards appl.y to new and substan-
tially improved commecial, industrial and other non-
residential structures, in addition to the requirements
in sub-sections 46.5-1(2), subdivision proposal, and
L[6.5-113), Encroachments, and 46.5-2, Standards for
all structures.
Within Zones Al-A30, AE and AH, and also Zone
A if base flood elevation data are available,
new construction and substantial improvements
of any non-residential structure, together with
attendant utility and sanitary facilities, shall
either:
Bo
(1)
have the lowest floor, including basement
or cellar, elevated to or above the base
flood elevation; or
(2)
be floodproofed so that the structure is
watertight below the base flood level
with walls substantially ~mpermeable 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 buoyancy.
Within Zon~ AO, new construction and' substan-
tial improvements of non-residential struc-
tures shall:
(1)
have the lowest floor (including basement)
elevated above the the highest adjacent
grade at least as high as the depth
number specified in feet 'on the community's
FIRM (at least two feet if no depth number
is specified), or
Co
together with attendant utility and sani-
tary facilities, be completely flood-
proofed to that level to meet the flood-
proofing standard specified in sub-section
q6.5-5(A) (2).
~f the structure is to be floodproofed, a
licensed professional engineer or architect
shall develop and/or review structural design,
specifications, and plans for construction.
A Floodproofing Certificate or other certifi-
cation shall be provided to the Local Adminis-
trator that certifies the design and methods
of construction are in accordance with
accepted standards of practice for meeting
the provisions of Section q6.5-5(A)(2), includ-
ing the specific elevation (in relation to
mean sea level) to which the structure is to
be floodproofed.
Within Zones AH and AO, adequate drainage
paths are required to guide flood waters
around and away from proposed structures on
slopes.
Within Zone A, when no base flood elevation
data are available, the Iowes~c floor (includ-
ing basement) shall be elevated at lea~t
three feet above the highest adjacent grade.
§ !t6.5-6. Non-residential structures (coastal high hazard areas)
A. In Zones VI-V30, VE and also Zone V if base
flood elevations are available, new construc-
tion and substantial improvements of any non-
residential structure, together with attendant
utility and sanitary facilities, shall have
the bottom of lowest member of the lowest floor
elevated to or above the base flood elevation.
Floodproofing of structures is not an allow-
able alternative to Floodlproofing of struc-
tures is not an allowable alternative to
elevating the lowest floor to the base flood
elevation in Zones Vl-V30, VE and V.
§[t6.5-7. Manufactured homes and recreational vehicles.
The following standards in addition to the standards in
Section Lt6.5-1, General Standards, and Section 46.5-2,
Standards for all structures apply in areas of special
-35-
flood hazard to manufactured homes and to recreational
vehicles which are located in areas of specia flood
hazard.
Recreational vehicles placed on sites within Zones
Al-A30, AE, 'AH, V1-V30, V and VE shall either:
(1) be on site fewer than 180 consecutive days,
(2) be fully licensed and ready for highway use, or
(3) meet the requirements for manufactured homes in
paragraphs L[6.5-7(B), (D) and (E).
A recreational vehicle is ready for highway use if
it is on its wheels or jacking system, is attached
to the site only by quick disconnect type utilities
and security devices and has no permanently 'attached
additions.
A manufactured home that is placed or substantially
improved in Zones Al-A30, AE, AH, V1-V30 or VE that
is on a site either:
(1)
(2)
outside of an existing manufactured home park or
subdivision as herein defined;
in a new manufactured home park or subdivision
as herein defined;
in an expansion to an existing manufactured home
park or subdivision as herein defined; or
(4)
in an existing manufactured home park or subdivis-
ion as herein defined on which a manufactured home
has incurred substantial damage as the result of a
flood;
shall, within Zones Al-A30, AE and AH, be elevated on a
permanent foundation such that the lowest floor is
elevated to or above the base flood elevation and is
securely anchored to an adequately anchored foundation
.system to resist flotation, collapse and lateral move-
ment; or, within Zones V1-V30 and VE, be elevated on
a pile foundation such that the bottom of the lowest
structural member of the lowest floor (excluding
pilings and columns) is elevated to or above the base
flood elevation and securely anchored to an adequately
anchored foundation system to resist flotation, collapse
and lateral movement. Elevation on piers consisting of
dry stacked blocks in prohibited. Methods of anchoring
may include, but are not limited to, use of over-the-
top or frame ties to ground anchors.
-36-
§~6.6
Co
Do
A manufactured home to be placed or substantially
improved in Zone Al-A30, Ae, Ah, V1-V30, or VE, in
an existing manufactured home park or subdivision
that is not to be placed on a site on which a manu-
factured home has incurred substantial damage shall be:
elevated in a manner such as required in para-
graph ~6.5-7(B), or
(2)
elevated such that the manufactured home chassis
is supported by reinforced piers or other founda-
tion elements of at least equivalent strength
that are no less than 36 inches in height above
grade and are securely anchored to an adequately
anchored foundation system to resist flotation,
collapse or lateral movement. Elevation on piers
consisting of dry stacked blocks in prohibited.
Within Zones Z or V, when no base flood elevation
data are available, new and substantially improved
manufactured homes shall be elevated such that the
manufactured home chassis is supported by reinforced
piers or other foundation elements of at least equiva-
lent strength that are no less than 36 inches in
height above the lowest adjacent grade and are securely
anchored to an adequately anchored foundation system
to resist flotation, collapse or lateral movement.
'Elevation on piers consisting of dry stacke~t blocks
in prohibited.
Within Zone AO, the floor shall be elevated above the
highest adjacent grade at least as high as the depth
number specified on the Flood Insurance Rate Map
enumerated' .in Section ~6.3-2 (at least two feet if
no depth number is specified. Elevation on piers
consisting of dry stacked blocks in prohibited.
Variance Procedure.
§ ~.6.6-1 Appeals Board.
The Zoning Board of Appeals as established by the
Town of Southold, shall hear and decide appeals and
requests for variances from the requirements of this
local law.
The Zoning Board of Appeals shall hear and decide
appeals when iris alleged there is an error in any
requirement, decision, or determination made by the
Local Administrator in the enforcement or adminis-
tration of this local law.
-37-
Co
Those aggrieved by the decision of the Zoning Board
of Appeals may appeal such decision to the Supreme
Court pursuant to Article 78 of the Civil Practice
Law and Rules.
In passing upon such applications, the Zoning Board
of Appeals, shah consider all technical evaluations,
all relevant factors, standards specified in other
sections of this local law and:
(1)
(2)
the danger that-materia!s may be swept onto
other lands to the injury of others;
the danger to life and Property due to flooding
or erosion damage;
the susceptibility of the proposed facility
and its contents to flood damage and the effect
of such damage on the individual owner;
the importance of the services provided by the
proposed facility to the community;i
(5) the necessity to the facility of a waterfront
location, where applicable;
(6)
the availability of alternative locations for
the proposed use which are not subject to flood-
ing or erosion damage;
(7) the compatibility of the proposed use with
existing and anticipated development;
(8)
the relationship of the proposed use to the
comprehensive plan and floodplain management
program of that area;
(9) the safety of access to the property in times
of flood fo~- ordinary and emergency vehicles;
(10) the costs to local governments and the dangers
associated with conducting search and rescue
operations during period of flooding.
(11) the expected heights, velocity, duration, rate
of rise and sediment transport of the flood
waters and the effects of wave action, if
applicable, expected at the site; and
-38-
Eo
Fo
D~6.6-2
A.
Bo
Co
(12) 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.
Upon consideration of the factors of Section 46.6-1(D)
and the purposes of this local law, the Zoning Board
of Appeals 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.
CONDITIONS FOR VARIANCES
Generally, variances may be issued for new construc-
tion 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 (1-12) in Section 46.6-1(D) have been fully
considered. As the lot size increases beyond the
one,half acre, the technical justification required
for issuing the variance increases.
Variances may be issued for the repair or rehabili-
tation of historic structures upon determination that:
(1)
the proposed repair or rehabilitation will not
preclude the structure's continued designation
as a "Historic structure".
(2) +~he variance is the minimum necessary to preserve
the historiC: character and design of the structure.
Variances may be issued by a community for new con-
struction, and substantial improvements and for other
.development necessary for the conduct of a functionally
dependent use provided that:
(1) the criteria of subparagraphs 1, [~, 5, and 6 of
this Section are met;
(2)
the structure or other development is protected
by methods that minimize flood damages during the
base flood and create no additional threat to
public safety.
-39-
II.
Do
Variances shall not be issued within any designated
floodway if any increase in flood levels during the
base flood discharge would result.
Variances shall only be issued upon a determination
that the variance is the minimum necessary, consider-
ing the flood hazard, to afford reiief.
F. Variances shall only be issued upon receiving written
justification of:
(1) a showing of good and 'sufficient cause;
(2)
a determination that failure to grant the variance
would result in exceptional hardship to the applicant;
and
(3)
a determination that the granting of a variance
will not result in increased flood heights,
additional threats to public safety, extra-
ordinary public expense, create nuisances,
cause fraud on or victimization of the public
or conflict with existing local laws,or
ordinances.
Any applicant to whom a variance is granted for a
· building with the lowest floor below the base flood'
elevation shall be given wri.tten notice over: the
signature of a community official that the cost of
flood insurance will be commensurate with the
increased risk resulting from lowest floor elevation.
This Local Law shall.take effect upon its filing with the Secretary of
State.
(Complete the certification In the paragraph that applies to the filing of this local law and
strike out that which Is not applicable.)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No .............. 1._6___- ................ of 19--9--3--
of_,.the (l~b~ ~) .L~(Town)(X~ilffa~ of ....... _S__o__u__t__h_o__l_d_ ............................................ w_a,s duly passed by the
---!-9--w-P---~*9-a--r--d- .......................... on _A_.u_g_u._s_.t__J__0., 19 _9__3_, in accordance with the applicable l>rovisions of law.
(Name of LegiMative Body)
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval
by the Elective Chief Executive Officer*.)
I hereby certify that the local law annexed hereto, designated as local law No .................................... of 19 ......
of the (County)(City)Crown)(Village) of ................................................................. was duly passed by the
............................................... on .................. 19 ---, and was (approved)(not approved)(repassed after
(Name of LegiMative Body)
disapproval) by the .................................................. and was deemed duly adopted on .................. 19 ....,
(Elective Chief Executive Offtcer*)
in accordance with the applicable provisions of law.
3. (Final adoption by referendum.)
__ I hereby certify that the local law annexed hereto, designated as local law No .................................... of 19 ......
of the (County)(City)(Town)(Village) of ...................................... : ............... -' .......... was duly passed by the
................................................... on .................. 19 ...., and was (approved)(not approved)(repassed after
(~lame of Legislative Body)
disapproval) by the ................................................. on- .................. 19 .....Such local law was submitted.
~Ele~tive Chlef Exechtive Officer*)
to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of
the qualified electors voting thereon at the (general)(special)(annual) election held on .................. 19---- , in
accogdance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting
~' referendum.)
I hereby certify that the local law annexed hereto, designated as local law No .................................... of 19 ......
of the (County)(City)(Town)(Village) of ................................................................. was duly passed by the
................................................... on .................. 19 ...., and was (approved)(not approved)(repassed after
(Name of Legislative Body)
- disapproval) bythe .................................................. on .................. 19 .... Such local law was subject to
(Elective Chlef Executive Officer*)
permissive referendum and no valid petition requesting such referendum was filed as of .................. 19-:.. , in
accordance with the applicable provisions of law.
* Elective Chief Executive Officer means or include~ the chief executive officer of a county elected on a county-
wide basis or, if there be none, the chairperson of the county legislative body,-the mayor of a city or village, or
the supervisor ora town where such officer is vested with the power to approve or veto local laws or ordinances.
(2)
5. (City local law concerning Charter revision proposed by petition.)
I hereby certify that the local law annexed hereto, designated as local law No .................................... of 19 ......
of the City of ............................................. having been submitted to referendum pursuant to the-provisions of
--. section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the
quali fled electors of such city voting thereon at the (special)(general) election held on ........ -.- ......... 19 .... ,
became operative.
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as local la~v No .................................... of 19 ......
of the Coanty of .................................................... State of New York, having been submitted tc the electors
at the General Election of November ...................... 19 .... , pursuant to subdivisions 5 and 7 of section 33 of the
Municipal Home Rule Law, and having received the affirmative-vote of a majority of the qualified electors of the cit-
ies of said county as a unit and a majority of the qualified ~lectors of the towns of said county considered as a unit
voting at said general election, became operative.
(Seal)
(If any other authorized form of final adoption has been followed, please provide an appropriate certification.)
I further certify that I have compared the preceding local law with the original on file in this office and that the same
is a correct transcript therefrom and of th~ whole of such original local la(v, and was finally adopted in the manner in-
dicated in paragraph .....J- ..... , above.
Clerk of tl~/County legislative body, City; To~.vn or Village
or officer designated by local legislative body
JUDITH T. TERRY, TOWN CLERK
Date: Auqust 11, 1993
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authorized attorney of locality.).
STATE OF NEW YORK
COUNTY OF SUFFOLK
I, the undersigned, hereb~ certify.that the foregoing local law contains the correct text and that all proper proceedings
have been had or taken for the enactment of the local law atnnexed
Si ~--/~-
MATTHEW G. KIERNAN,ASSISTANT TOWN ATTORNEY
Title
X~]X of
Town
Date:
Southold
August 11, 1993
(3)
PUBLIC HEARING
SOUTHOLD TOWN BOARD
AUGUST 10, 1993
4:35 P.M.
IN THE MATTER OF A PROPOSED "LOCAL LAW IN RELATION TO FLOOD DAMAGE
PREVENTION".
Present
Supervisor Scott L. Harris
Justice Raymond W. Edwards
Councilman George L. Penny IV
Councilman Thomas H. Wickham
Councilman Joseph J. Lizewski
Councilwoman Alice J. Hussie
Town Clerk Judith T. Terry
Town Attorney Harvey A. Arnoff
SUPERVISOR HARRIS: The third public hearing of the afternoon, a "Local Law
in Relation to Flood Damage Prevention", will be read by Councilwoman Hussie.
COUNClLWOMA~ HUSSIE: "Public Notice is hereby give that there has been pre-
sented to the Town Board of the Town of Southold, Suffolk County, New York,
on the 27th day of July, 1993, 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 Southold will hold a public hearing on the aforesaid Local Law at the
Southold Town Hall, Main Road, Southold, New York, on the 10th day of August,
1993, at 4:35 P.M., at which time all interested persons will be heard.
This proposed "Local Law in Relation to Flood Damage Prevention" provides for
the following:
I. Chapter 46 (Flood Damage Prevention) of the Code of the Town of Southold
is hereby deleted in its entirety, and a new Chapter 46 (Flood Damage Preven-
tion) is hereby proposed.
The deletion and enactment of a new Chapter 46 is in accordance with the
instructions of the New York State Department of Environmental Conservation.
The Flood Insurance Study establishing 100 year base flood elevations for
the Town of Southold has recently been revised by the Federal Emergency
Management Agency (FEMA). A condition of continued eligibility in the
National Flood Insurance Program (NFIP) is the adoption of amended floodplain
management regulations adopting the revised elevations effective August 16,
1993. New York State requires that floodplain management regulations must
specifically reference the effective Flood Insurance Study and Flood Insurance
Rate maps in order to be legally enforceable. Enforceability of regulations
is a condition of continued eligibility and participation in the National Flood
Insurance Program.
Pg 2 - LL Flood Damage
A. Findincjs: The Town Board of the Town of Southold finds that the
potential and/or actual damages from flooding and erosion may be a
problem to the residents of the Town of Southold and that such damages
may include: destruction or loss of private and public housing, damage
to public facilities, both publicly and privately owned, and injury to
and loss of human life. In order to minimize the threat of such
damages and to achieve the purposes and objectives hereinafter set forth,
this local law is to be adopted.
B. Statements of Purpose: It is the purpose of this proposed 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.
5. Regulate the construction of flood barriers which will unnaturally
divert flood waters or which may increase flood hazards to other
lands.
6. Quality and maintain for participation in the National Flood Insurance
Progarm
C. Objectives:
1. To protect human life and health.
2.To minimize expenditure of public money for costly flood control
p roje ct s.
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 utilizes 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 modified that property is in an area
of special flood hazard.
8. To ensure that those who occupy the areas of special flood hazard
assume responsibility for their actions.
The text of this Local Law is extremely lengthy. Copies are available in the Office
of the Town Clerk to any interested persons during business hours. Dated: July
27, 1993. Judith T. Terry, Southold Town Clerk." I have before me an affidavit
from The Long Island Traveler-Watchman, attesting to it's publication, once on
the 5th of August, as a public notice. There is, also, notification that this has
been at the Town Clerk's Bulletin Board. We have one piece of correspondence
from New York State Department of Environmental Conservation signed by AIt~_o-
Knapp, a Water Program Specialist, and Floodplain Management Section. Dear Mr.
Kiernan, Assistant Town Attorney, this is in response to your letter dated July
Pg 3 - LL Flood Damage -ev.
29. 1993 transmitting a proposed Local Law entitled "Flood Damage Prevention".
The Town of Southold is currently unde a deadline of August 16, 1993 to amend
floodplain management regulations to incorporate the recently revised Flood Insurance
Study for the Town dated and effective August 16, 1993. The need to amend existing
regulations resulted in this office reviewing and recommending replacement with
our existing updated model law. The new model incorporates all mandated revisions
by the FEMA since 1987 and has been restructured to clarify muncipal responsibilities
under the program and allow easier interpretation by code enforcement officials.
Specific changes included in the new model regulation are new, expanded, and
modified definitions. Definitions affected include but are not limited to, area of
shallow flooding, development, elevated building, existing manufactured home park
or subdivision, flood or flooding, local administrator, manufactured home park,
or subdivision, primary frontal dune, recreational vehicle, and substantial damage.
A section on fees has been added to allow collection of a permit fee for processing
and issuance as well as other fees which may be necessary should project review
require use of a consultant. Much of the restructuring was done to allow easier
use and understanding by code enforcement officials. It is important when dealing
with floodplain projects that all mandated requirements are included in the approved
permit. Specific performance standards and development criteria remain relatively
unchanged for most development. However, several changes have been made relative
to placement of manufactured homes within exisiting mobile home parks. While time
did not allow proof reading you may wish to space and bold the definition "Historic
structure" to separate from "Highest adjacent grade" and retain consistency with
other definitions. As always, should there be any questions relative to the applica-
tion of a specific standard, or interpretation of the regulation, we encourage contact
with Mr. William Southard in our Stony Brook office. Sincerely, Alton Knapp. That's
the one and only correspondence.
SUPERVISOR HARRIS: Thank you, Councilwoman Hussie. Any members of this
audience, that would like to address this Board on this public hearing in reference
to a Local Law? (No response.) Hearing none, 1'11 declare this public hearing closed.
v Southold Town Clerkv
LEGAL NOTICE
NOTICE OF
PUBLIC HEARING
ON LOCAL LAW
PUBLIC NOTICE IS
HEREBY GIVEN that there
has been presented to the
Town Board of the Town of
Sonthold, Suffolk County,
New York, on the 27th day of
July, 1993, a Local Law entitl-
ed, "A Local Law la Relation
to Flood Damage Preven-
tioo."
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, Southold, New York,
on the 10th day of August,
1993, at 4:35 P.M., at which
time ail interested persons will
I~e heard.
This proposed "Local Law
in Relation to Flood Damage
Prevmi~"
I. Chapter 46 (Frood
Damage Prevention) of the
Code of the Town of Southdid
is hereby deleted in its entire-
ty~ and a new Chapter 46
(F~ood Damage Pl~ent~On) is
he,by proposed.
Re deletion and en?c.~ent
of a ~ew Chapter 46 is/in ac-
cordar~e with the instr/actions
of the N~ York StMe/Depart-
ment of l~nvironnvel~al Con-
servation.~ The F~ood
surance stU~ estab~shing 100
year base fli~d ele0ations for
the Town Of. So~thold has
recently been revised by the
Federal Eme~g ~o~cy Manage-
ment Agency (F~MA). A con-
dition of contrived eligiblity
in the Nation~\Flood In-
surance Programi(~FIP) is the
adoption of ... ~amended
floodplain m~n~gement
regulations adoptil~g We revis-
ed elevations effectlve~gust
16. 1993. New Yorg S~te re-
quires that floodplain
management regulations fl~ust
specifically reference t~e ef~c~ ~
tire Flood Insuranc~ Study
and Flood Insuranc'~ Rai¢
maps~in orer to be leggy en-
forceable. Enforceability of
regulations is a condition of
continued eligibility and par-
ti¢ipation in the National
Flood Insurance Program.
A. Findings: The Town
Board of tk Fown of
Southold finds that the poten-
tial and/or actual damages
from flooding and erosion
may be a problem to the
residents of the Town of
Southold and that such
damages may include:
destruction or loss of private
and public housing, damage to
public facilities, both publicly
and privately owned, and in-
jury to and loss of human life~
In order to minimize the threat
of such damages and to
achieve the purposes and ob-
jectives hereinafter set forth,
this local law is to be adopted.
B. Statement of Purpose: It ·
is thc purpose of this propos-
ed law to promote the public
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 ingc~aies 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 protec-
tive harriers which are involv-
ed in the accommodation of
flood waters.
4. Control filling, grading,
dredging and other develop-
ment which may increase ero-
sion or flood damages.
5. Regulate the construction
of flood harriers which will
unnaturally divert flood water
or which may increase flood
hazards to other lands.
6. Quality and maintain for
participation in the National
Flood Insurance Program.
C. Objectives:
1. To protect human life and
health.
2. To minimize expenditure
of public money for costly
flood control projects.
~. 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.
COUNTY OF SUFFOL~
SS:
SI'A I'E OF NEW YGR. K
Patricia Wood, being duly sworn, says that she !c
Editor, o( THE LONG ISLAND TRAVELER-WATCHMAF!,
a public newspaper printed at Southold, in Suffolk Count,f;
and that the notice of which the annexed is a printed
h;~s hccn published io said I.ong Island 'l'r;,velt~-W,~hr.an
successively, commencing on the ......................
day of. .... ~"~ .... 19 .,.~..
Sworn to before me Ibis ..................... d;iy (ff
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 ootifed that
property is in an area of
speciai flood hazard.
8. To ensure that those who
occupy the areas of special
flood hazard assume respon-
sibility for their actions.
The text of this Loca~ Law
is extremely lengthy. ~opies
are available in the Office of
the Town Clerk to any in-
terested persons during
business hours.
Dated: July 27, 1993
JUDITH T. TERRY
SOUTHOLD TOWN CLERK
1X-8/5/93(5)
Notary Public
BARBARA A. SCHNEIDER
NOIARY PUBLIC, .Stile
No. 4g[)634[~
Qualified in Surlclk County
Ccmmissi0n Expiles